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HomeMy WebLinkAbout2007-04-10 .' REVISED 04-09-07 REVISED 04-10-07 CITY OF er~i~n - Y 1DAH0 ; ASA c ~eR ~' TREASURE V ~~ - SItlCE 1903 CITY COUNCIL REGULAR MEETING AGENIDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, April 10, 2007 at 7:.00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll-call Attendance: ~,;. ~.. ^ David Zaremba X Joe Gorton ~ Charlie Rountree ~_ Keith Bird Mayor Tammy de Weerd 2. .Pledge of Allegiance: 3. Community Invocation by Bishop Andy Warren with the LDS Church, Tully Park Ward: 4. Adoption of the Agenda: ~ v~-~~ 5. Consent Agenda: A. Approve Minutes of March 13, 2007 City Council Regular Meeting: ~~-,~.~ ~ B. Approve Minutes of March 13, 2007 City Council Special Meeting: ~~~vK-- C. Findings of Fact and Conclusions of Law and Order for Approval: RZ 07-0.01 Request for a Rezone of 1.59 acres from an R-4 to an R-8 zone for Deklan Subdivision by Heritage Development, LLC -east of the NEC of W. 4 Street and Maple Street: ~ ~ D. Findings of Fact and Conclusions of Law and Order for Approval: PP 07-002 Request for Preliminary Plat approval of 6 single-family building lots and 2 common lots on 1.59 acres in a proposed R-8 zone for Deklan Subdivision by Heritage Meridian City Council Meeting Agenda -April 10, 2007 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. • • REVISED 04-09-07 REVISED 04-10-07 Development, LLC -east of the NEC of W. 4th Street and Maple Street: ~;~''~'r'° w~-- E. Approve Budget Amendment for Fire Department for Grant and Donation to purchase a 911 Simulator: a%r~~v~c.. ~ ~2,~3s F. Approve Streetlight Agreement for Paramount Subdivision No. 1 by Paramount Development, Inc.: G. Approve Streetlight Agreement for Paramount Subdivision No. 3 by Paramount Development, Inc.: H. Approve Beer, Wine and Liquor License Renewals: ~ ~~''~'~v`'~~ Round Table Pizza Wingers An American Diner Harks Corner Jack in the Box Quick Stuff Top Shelf Muggsy's Fred Meyer #198 Blue Ribbon Artisans Bistro Louie's Pizza ~ Italian Restaurant Whitewater Pizza & Pasta Walmart Supercenter #2862 Pier 49 Pizza -- 1551 W. Cherry Lane, Ste 102 3665 E. Overland Road I. Agreement for Professional Services with DC Engineering for Design and Coordination of Installation of Weather Station #2 and SCADA integration: ~~~rrot~- J. Approve Sanitary Sewer and Water Main Easement for TRK 72K Addition by Ron W. Van Auker. Inc..: G~~-,mow-- K. Approve Water Main Easement No. 1 for TRK 72K Addition by Ron W. Van Auker, Inc..: a~~~.,,,,v~- L. Approve Water Main Easement No. 2 for TRK 72K Addition by Ron W. Van Auker. Inc.: ~ i~v..c.- M. Approve Change Order No. 3 for JC Constructors for WWTP Expansion Project for $232,220.53: G~~~wv~c N. Approve Change Order No. 1 for the Water Division Building Project with Ira-Mac for $105,074.00: l'~~ov~- Meridian City Council Meeting Agenda -April 10, 2007 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • REVISED 04-09-07 REVISED 04-10-07 ~- O. Approve SWAC Recommendation for funding of Playground Equipment purchase of $6,038.00 for Bedford Place Homeowners Association: ~~~HC.. 7 P. Approve SWAC Recommendation for funding of Bench purchases of $1,119.00 for The Vineyards Homeowners Association: ~v-~ 6. Department Reports: A. Parks Department 1. Discussion of Tully Skate Park Rule Change: ~~jo,i~- ~-c - r.,~c~ ~ /t,c f~Ca-h ~ B. Public Works Department 1. Discussion of Gemtone Subdivision No. 5 Irrigation Surety Payment: ~~~wc.. ~" / 7~ /~ 8 C. Mayor's Office: 1. Discussion of Surplus Computers: ~~~ ~elv-lwf"'''' 2. Appointment of Mayors Youth Advisory Council member to the Parks and Recreations Commission: ~~.-v~ .fafa std ~..~ ~~-k~~~~ p~s~ 2 D. Purchasing Department: ~~~ 'J 1. Approval of Bid Award of City Hall Packages 1 through 2t~t,GK,Gc yr' 1 ~ y8'for a total of $5,836,369.35: ~-~•ow~-- 7. Items Moved from Consent Agenda: D f /~ 8. Public Hearing: Proposed New Sewer Pretreatment Ordinance: .. E'/o~c ~ll~- - ~Jrdir~~u~ /~/~a-.~c~t ,~-,- G~~o7rh o~.~ 9-/ ~-0 7 9. Continued Public Hearing from March 27, 2007: AZ 06-059 Request for Annexation and Zoning of 224.26 acres from RR to R-2, R-4 and R-8 zones for Blackrock Castle Greens Subdivision by Providence Development -west of S. PEagle Road and south of Amity Road: 10. Continued Public Hearing from March 27, 2007: PP 06-059 Request for Preliminary Plat approval of 644 residential lots and 31 common lots on. 224.26 acres in the proposed R-2, R-4 and R-8 zones for Blackrock Castle Greens Subdivision by Providence Development -west of S. Eagle Road and south of Amity Road: G~Gu~ Meridian City Council Meeting Agenda -April 1'0, 2007 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. !- REVISED 04-09-07 REVISED 04-10-07 11. Public Hearing: MFP 07-002 Request to Modify site specific requirements #12 and #13 of the Sond Final Plat for Sond Subdivision by Dimension Properties - 1155 and 1123 North Black Cat Road: C~f~k~-c- ~/h ~ ~-/7-07 12. Public Hearing: VAR 07-004 Request for a Variance to UDC 11-2A-5 to temporarily allow existing buildings to encroach into the required setbacks for Sond Subdivision (Lot 4, Block 1 and Lots 3 and 4, Block 3) by Dimension Properties - 1155 and 1123 North Black Cat Road: 13. Public Hearing: AZ 07-003 Request for Annexation and Zoning of 1.0 acres from RI (Ada County) to L-O (Limited Office) and R-8 zones (Medium Density Residential), for Grau Subdivision by Stanley Consultants - 4135 West Cherry Lane: Request to be Continued to April 17, 2007 C~~~~o/!~- ~ ~,/~~07 14. Public Hearing: PP 07-005 Request for Preliminary Plat approval of 1 office lot in the proposed L-O zone, and 3 single family residential lots in the proposed R-8 zone on 1.0 acres, for Grau Subdivision by Stanley Consultants - 4135 West Cherry Lane: Request to be Continued to April 17, 2007 ~~.~„~jyi,H,~, p!`i ~ ~_17~07 15. Public Hearing: PP 07-004 Request for Preliminary Plat approval of 16 residential lots (proposed to contain 64 multi-family units) and 3 common lots on 5.7 acres in an L-O zone for Doubletree Subdivision by Ron Babneau - 1105 W. Pine Street: Request to be Continued to May 1, 2007 to allow Posting of Property C,o~+.-,fii~.~.~.~.-/~~fi. ~ ,~--,~~7 16. Public Hearing.: CUP 07-002 Request for a Conditional Use Permit approval to construct amulti-family development consisting of 64 multi- family dwelling units (4 plexes) on 16 lots in an L-O zone for Doubletree Subdivision by Ron Babneau - 1105 W. Pine Street: Request to be Continued to May 1, 2007 to allow Posting of Property 17. Public Hearing.: RZ 07-004 Request for a Rezone of 7.23 acres from R-4 to L-O zone for the property located at 1615 W. 2"d Street for LDS Church by Bob Niblett, Niblett & Associates Architects - 1615 W. 2"d Street: /Reps-.c ~1~.~ L ~.~ ~-- 18. Executive Session per Idaho State Code 67-2345(1)(f) - (to consider and advise its legal representatives in pending litigation): Meridian City Council Meeting Agenda -April 1D, 2007 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ,• • ~~~ec~S e, ~o ~-t ~ I~iti.~a-(,~ c~ ~~-I; ce. - Chi, ~-sd~ -. Tuesday, April 10, 2007 at 7:00 p.m. ~~~. ~~ CITY OF ~ `~ ~ 1DAH0 , Y h ~/ Fc ~ER ~ TREASURr V N+~Y SINCE 1903 `Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." Roll-call Attendance: David Zaremba Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Glenn Olsen with the LDS Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of March 13, 2007 City Council Regular Meeting: B. Approve Minutes of March 13, 2007 City Council Special Meeting: C. Findings of Fact and Conclusions of Law and Order for Approval: RZ 07-001 Request for a Rezone of 1.59 acres from an R-4 to an R-8 zone for Deklan Subdivision by Heritage Development, LLC -east of the NEC of W. 4 Street and Maple Street: D. Findings of Fact and Conclusions of Law and Order for Approval: PP 07-002 Request for Preliminary Plat approval of 6 single-family building lots and 2 common lots on 1.59 acres in a proposed R-8 zone for Deklan Subdivision by Heritage Meridian City Council Meeting Agenda -April 10, 2007 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. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho CITY COUNCIL REGULAR MEETING AGENDA • • Development, LLC -east of the NEC of W. 4~' Street and Maple Street: E. Approve Budget Amendment for Fire Department for Grant and Donation to purchase a 911 Simulator: F. Approve Streetlight Agreement for Paramount Subdivision No. 1 by Paramount Development, Inc.: G. Approve Streetlight Agreement for Paramount Subdivision No. 3 by Paramount Development, Inc.: H. Approve Beer, Wine and Liquor License Renewals: Meridian Bowling Lanes Round Table Pizza Wingers An American Diner Harks Corner Jack in the Box Quick Stuff Top Shelf Muggsy's Fred Meyer #198 Blue Ribbon Artisans Bistro Louie's Pizza 8~ Italian Restaurant Whitewater Pizza ~ Pasta Walmart Supercenter #2862 Pier 49 Pizza -- 1551 W. Cherry Lane, Ste 102 3665 E. Overland Road I. Agreement for Professional Services with DC Enaineerin4 for Design and Coordination of Installation of Weather Station #2 and SCADA integration: J. Approve Sanitary Sewer and Water Main Easement for TRK 72K Addition by Ron W. Van Auker. Inc.: K. Approve Water Main Easement No. 1 for TRK 72K Addition by Ron W. Van Auker. Inc.: L. Approve Water Main Easement No. 2 for TRK 72K Addition by Ron W. Van Auker.. Inc.: M. Approve Change Order No. 3 for JC Constructors for WWTP Expansion Project for $232,220.53: Meridian City Council Meeting Agenda -April 10, 2007 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • N. Approve Change Order No. 1 for the Water Division Building Project with Ira-Mac for $105,074.00: O. Approve SWAC Recommendation for funding of Playground Equipment purchase of $6,038.00 for Bedford Place Homeowners Association: P. Approve SWAC Recommendation for funding of Bench purchases of $1,119.00 for The Vineyards Homeowners Association: 6. Department Reports: A. Parks Department 1. Discussion of Tully Skate Park Rule Change: B. Public Works Department 1. Discussion of Gemtone Subdivision No. 5 Irrigation Surety Payment: C. Mayor's Ofgce: 1. Discussion of Surplus Computers: 7. Items Moved from Consent Agenda: 8. Public Hearing: Proposed New Sewer Pretreatment Ordinance: 9. Continued Public Hearing from March 27, 2007: AZ 06-059 Request for Annexation and Zoning of 224.26 acres from RR to R-2, R-4 and R-8 zones for Blackrock Castle Greens Subdivision by Providence Development -west of S. Eagle Road and south of Amity Road: 10. Continued Public Hearing from March 27, 2007: PP 06-059 Request for Preliminary Plat approval of 644 residential lots and 31 common lots on 224.26 acres in the proposed R-2, R-4 and R-8 zones for Blackrock Castle Greens Subdivision by Providence Development -west of S. Eagle Road and south of Amity Road: 11. Public Hearing: MFP 07-002 Request to Modify site specific requirements #12 and #13 of the Sond Final Plat for Sond Subdivision by Dimension Properties - 1155 and 1123 North Black Cat Road: Meridian City Council Meeting. Agenda -April 1.0, 2007 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. • i 12. Public Hearing: VAR 07-004 Request for a Variance to UDC 11-2A-5 to temporarily allow existing buildings to encroach into the required setbacks for Sond Subdivision (Lot 4, Block 1 and Lots 3 and 4, Block 3) by Dimension Properties - 1155 and 1123 North Black Cat Road.: 13. Public Hearing: AZ 07-003 Request for Annexation and Zoning of 1.0 acres from RI (Ada County) to L-O (Limited Office) and R-8 zones (Medium Density Residential), for Grau Subdivision by Stanley Consultants - 4135 West Cherry Lane: Request to be continued to April 17, 2007 14. Public Hearing: PP 07-005 Request for Preliminary Plat approval of 1 office lot in the proposed L-O zone, and 3 single family residential lots in the proposed R-8 zone on 1.0 acres, for Grau Subdivision by Stanley Consultants - 4135 West Cherry Lane: Request to be continued to April 17, 2007 15. Public Hearing.: PP 07-004 Request for Preliminary Plat approval of 16 residential lots (proposed to contain 64 multi-family units) and 3 common lots on 5.7 acres in an L-O zone for Doubletree Subdivision by Ron Babneau - 1105 W. Pine Street: 16. Public Hearing: CUP 07-002 Request for a Conditional Use Permit approval to construct amulti-family development consisting of 64 multi- family dwelling units (4 plexes) on 16 lots in an L-O zone for Doubletree Subdivision by Ron Babneau - 1105 W. Pine Street: 17. Public Hearing: RZ 07-004 Request for a Rezone of 7.23 acres from R-4 to L-O zone for the property located at 1615 W. 2"d Street for LDS Church by Bob Nibiett, Niblett & Associates Architects - 1615 W. 2"d Street: 18. Executive Session per Idaho State Code 67-2345(1)(f) - (to consider and advise its legal representatives in pending litigation): Meridian City Council Meeting Agenda -April 10, 2007 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • Meridian City Council Meeting April 10, 2007 The regular meeting of the Meridian City Council was called to order at 7:10 P.M., Tuesday, Apri1.10, 2007, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Charlie Rountree and Joe Boston. Others Present: Bill Nary, Will Berg, Anna Canning, Clint Dolsby, Bill Musser, Bill Johnson, Doug Strong, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Joe Boston X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Good evening. We'd like to welcome you to tonight's City Council meeting.. It is Tuesday, April 10th. It is ten minutes after 7:00. We appreciate you joining us here tonight. We will start tonight's meeting with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance.: De Weerd: Item No. 2 is the pledge of allegiance and since I forgot to ask anyone to lead us in the pledge, I will just ask you to all rise and join us in the pledge of allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation by Bishop Andy Warren with the LDS Church, Tully Park Ward: De Weerd: Okay. Item No. 3 is our Community Invocation. Tonight we will be led by Bishop Andy Warren with the LDS Church, Tully Park Ward. If you will all join us in this community invocation or take this as a moment of reflection. Bishop. Warren: Our most righteous Father in Heaven, we express appreciation this evening., Father, for the many privileges and opportunities we have as citizens of this great nation.. We are grateful for the freedoms and liberties that we enjoy. We are grateful for the men and women who are serving us in the military. We would ask, thee, Father, that thou would bless them with protection and strength and a continued strength to help us maintain our freedoms. We are grateful for the great leaders of this nation. We ask thee to bless them. We are also grateful for the leaders in this city._ We ask thee to bless us this evening that the items discussed might be discussed candidly and openly and that we might be guided to the best decisions that will benefit this wonderful community, that we might continue to enjoy the lifestyle and the wonderful amenities we • Meridian City Council I April 10, 2007 Page 2 of 73 1 have in Meridian. We are grateful for everything that thou hast blessed us with.. And we say these things now in the name of our Savior Jesus Christ, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Bishop Warren. I would like to present you with a City of Meridian pin and thank you for joining us. Okay. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On our agenda on the Consent Agenda, Items O and P has been asked to be moved to the regular agenda as 7-O and 7-P. And on our regular agenda Items 13 and 14 have been requested to be continued to April 17th, 2007. And Items 15 and 16 has been requested to be continued to May 1st, 2007. With that I move we approve the revised April 10th, '07, agenda. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the adoption of the agenda as noted. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES.. Item 5: Consent Agenda: A. Approve Minutes of March 13, 2007 City Council Regular Meeting.: B. Approve Minutes of March 13, 2007 City Council Special Meeting: C. Findings of Fact and Conclusions of Law and Order for Approval.: RZ 07-001 Request for a Rezone of 1.59 acres from an R-4 to an R-8 zone for Deklan Subdivision by Heritage Development, LLC -east of the NEC of W. 4 Street and Maple Street: D. Findings of Fact and Conclusions of Law and Order for Approval: PP 07-002 Request for Preliminary Plat approval of 6 single-family building lots and 2 common lots on 1.59 acres in a proposed R-8 zone for Deklan Subdivision by Heritage Development, LLC -east of the NEC of W. 4 Street and Maple Street: E. Approve Budget Amendment for Fire Department for Grant and Donation to purchase a 911 Simulator: .__ • Meridian City Council April 4-0, 2007 Page 3 of 73 F. Approve Streetlight Agreement for Paramount Subdivision No. 1 by Paramount Development, Inc..: G. Approve Streetlight Agreement for Paramount Subdivision No. 3 by Paramount Development, Inc.: H. Approve Beer, Wine and Liquor License Renewals: Round Table Pizza Wingers An American Diner Harks Corner Jack in the Box Quick Stuff Top Shelf Muggsy's Fred Meyer #198 Blue Ribbon Artisans Bistro Louie's Pizza 8~ Italian Restaurant Whitewater Pizza, & Pasta Walmart Supercenter #2862 Pier 49 Pizza -- 1551 W. Cherry Lane, Ste 102 3665 E. Overland Road I. Agreement for Professional Services with DC Engineering for Design and Coordination of Installation of Weather Station #2 and SCADA integration: J. Approve Sanitary Sewer and Water Main Easement for TRK 72K Addition by Ron W. Van Auker, Inc.: K. Approve Water Main Easement No. 1 for TRK 72K Addition by Ron W. Van Auker, Inc.: L. Approve Water Main Easement No. 2 for TRK 72K Addition by Ron W. Van Auker, Inc.: M. Approve Change Order No. 3 for JC Constructors for WWTP Expansion Project for $232,220.53: N. Approve Change Order No. 1 for the Water Division Building Project with Ira-.Mac for $105,074.00: De Weerd: Item 5, Consent Agenda. Mr. Bird. Bird.: Madam Mayor, I move we approve the Consent Agenda as published, with the exception of item O and Item P being moved to the regular agenda as 7-O and 7-P and for the Mayor to sign and the Clerk to attest on all papers. • i Meridian City Council April 40, 2007 Page 4 of 73 Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda with the removal of the two items O and P. If there is no discussion, Mr. Berg., will you call roll. Roll-Calk Bird, yea; Rountree., yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Parks Department 1. Discussion of Tully Skate Park Rule Change: De Weerd: Okay. Item No. 6 under Department Reports. We will start tonight's reports with Doug Strong with the Parks Department. Strong: Thank you, Madam Mayor, Members of the Council.. I'm here tonight to request that the Council approve my recommendation to change the Tully skate park rules to allow bicycles to use the skate park. There has been much discussion of this proposal over the last several months and the work of the Mayor's Youth Council regarding this issue is to be particularly noted in their assistance in helping us review the rules and what goes on at the park. Enforcement of existing rules not to allow bicycles has placed an unreasonable burden on department staff, police department officers, with no change in use patterns. The most reasonable solution seems to be for this issue to allow bicycles on the skate park as that has been the use of the facility in spite of the rule. All other posted rules would still apply to all users of the facility. This proposal is supported by the parks and recreation commission at their March meeting., the Mayor's Youth Council, the Meridian Police Department, and by department staff. So, I'm, therefore, requesting Council approval to make the rule change and would be happy to answer any questions. De Weerd: Okay. Council, any questions? Bird: I have none. Rountree: Madam Mayor? De Weerd.: Mr. Rountree.. Rountree: Doug, has there been any real conflicts to date? Meridian City Council -' April 10, 2007 Page 5 of 73 if . Strong.: Madam Mayor, Councilman Rountree, Members of the Council, we really -- the primary issue of late -- and this comes from the Mayor's Youth Council survey at the site, seems to be more with conflicts with older users of the skate park and young -- younger users that are learning to either skateboard or bicycle and it's not -- it's never become a conflict, they just kind of get in each other's way and there is a little bit of words exchanged.., from what I understand. It's self managed, however, and there has never been anything, at least to date, that's become a -- like any kind of battery thing or anything like that. Rountree: Thank you. De Weerd: Mr. Rountree, I think a lot of it has been because the rules say the bikes and scooters are not allowed, it has caused some conflicts, but when the Youth Council went out a couple of different times and talked to some of the boarders and the bikers out there, they said they get along pretty well, it's more of the rub with some of them using that rule and also I think with the younger kids -- the concern of the kids that utilize that park were that some of these kids are really young and parents are just dropping them off and leaving the older kids there to baby-sit and that was more of the concern. Strong: That's correct. Rountree: Thank you. De Weerd: ,Any other questions? Okay. I would entertain a motion. :~ Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: 1 move that we approve the rule change for Tully Skate Park: De Weerd: Do I have a second? Borton: Second. De Weerd: Okay. I have a motion and a second to approve the rules before you for Tully Skate Park. Any discussion? Okay. Mr. Berg.. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Berg.: Madam Mayor, I think we approved the original rules with a resolution., so I would presume that we would probably create one for the next meeting and .have it adopted. . "~ ~'~ •' Meridian City Council -- April 10, 2007 ~- ~ ` Page 6 of 73 De Weerd: Okay. Strong: That's correct. Thank you. De Weerd: Thank you. Zaremba: Madam Mayor, it does occur to me there is some discussion -- there is probably a sign or two that needs to be changed as well.. De Weerd: Yeah. The sign will need to be changed with some of these new things listed on there. Is that correct, Mr. Strong? Strong: Yes. De Weerd: He nods yes. Dean, did you get that? B. Public Works Department 1. Discussion of Gemtone Subdivision No. 5 Irrigation Surety Payment: , De Weerd: Okay. ftem 6-B, Public Works Department. Watson: Thank you, Madam Mayor, Members of the Council. This is an item that normally would come before you, but we have no ordinance, no policy, no precedent in which to make a decision, which involves disbursement of money That we have held in surety to a private party. I believe you have the memo in front of you. Avery quick synopsis is that a commercial subdivision was platted in 2004, for one reason or another they couldn't the the ditches through that subdivision at the time. They posted a cash surety with the city. They submitted a bid by a PE, special engineer, establishing the amount at 41,000 dollars. A developer or builder of one of the lots is now at the point where they are being required to pipe those ditches and the cost based on the three bids they solicited is higher than the proportionate length of ditch through the property, if that make any sense. I can go into a little more detail if you'd like, but, really, the question boils down to do we proportionately reimburse this particular builder or should we reimburse on a first come, first serve basis. The original amount deposited is low, probably for three main reasons. Obviously, construction costs have escalated a lot over the last years -- last couple years. It turns out, based on the worK done by this developer, that the pipe the original engineers used is not what the irrigation district requires, nor was one of them the right size even. So, there was mistakes made at that time. The builder and his representative are both here. Walt Morrow is the builder. Gary Smith has actually been doing the leg work on this and provided the documentation to me over the last couple of months. Whatever the case, we do need to enter into an MOU that would come back before you for approval, but in order to draft that we need to -- need some direction on how you want to approach this. With that I will answer any questions or give more details if you'd like. • Meridian City council - April 10, 2007 Page 7 of 73 De Weerd: Thank you, Brad. Council, any questions? Okay. Bird: I have none. Rountree: I have none. De Weerd: Okay. Any questions of the builder? No. Rountree: Madam Mayor, I'd .really like to hear from Gary. It's been a long time. De Weerd: We are kind of partial to you, too, Gary. Smith.: Thank you. Madam Mayor, Council members, Mr. Attorney, Mr. Clerk. It's good to see all of you.. De Weerd: If you could, please, state your name for the record. Smith: I'm sorry. Gary Smith. 3917 Kootenai in Boise, Idaho. De Weerd: You have been away too long.. Smith: Yes, ma'am. As Brad mentioned, this subdivision was approved by the City Council in 2003 and subsequently recorded in 2004. Item No. 2 of the order of conditional approval of final plat for this subdivision states -- and I'll just read it. The final plat upon which there is contained a certification of signature of the city clerk and city engineer verifying that the plat meets the city's requirements shall be signed only at such time as the plat dimensions are approved by the city engineer and the city engineer has verified that all off-site improvements are completed and/or appropriate letter of credit or cash has been issued guaranteeing the completion off-site and required on-site improvements. As Brad mentioned, for one reason or another, the pipework was not done prior to the recording of the plat and the developer did submit a cash bond that was accepted. by the City of Meridian. The plat was signed off by the city engineer and the city clerk and the developer continued on with his approval process and gathering other signatures. The DMHR development is the owner of the lot. They purchased the lot December 14th, 2004, and they purchased it for the intent of developing a commercial building site. At that time they were told that there was surety available to reimburse them for piping of the ditches. And there are two ditches here. There is a ditch that's owned by Nampa-Meridian Irrigation District called the Schneider Lateral and there is a ditch that's owned by Settler's Irrigation District called the O'Brien Lateral. They are both live water ditches. The Schneider Lateral does pick up some drainage from property to the south and east of Franklin Road, east of Eagle Road.. DMHR then proceeded to develop a site plan for the building and hired an architect and site engineer. In late 2006 a memorandum of understanding was drafted by Meridian City Public Works. We had been in conversation with Brad and decided that there needed to be some kind of vehicle to outline how this was going to take place. • ~~ Meridian City Council April 10, 2007 Page 8 of 73 t So, they drafted an MOU and subsequently submitted it to Mr. Walt Morrow, who is the president. of DMHR for signature, ft was reviewed and there were a few changes that were requested, sent back to Public Works, and those changes were made and resubmitted to Walt and he subsequently signed it and sent it back to Public Works for city signature. After that transaction., then, DMHR .proceeded to develop the irrigation pipeline engineering plans or have their consultant do that and to start the process of bidding for construction of the pipeline. The engineered plans were developed and submitted to Nampa-Meridian Irrigation District and Settler's Irrigation District and they were approved. As Brad mentioned, bids were solicited and we had four bidders. The bids ranged from 15,738 dollars to a high of 27,425 dollars. DMHR selected the low bidder and we sent the bids -- a copy of the bids along with a copy of the final billing from the piping contractor to Brad. At some point in time, either during the bidding process or shortly thereafter, a revised MOU was received from Meridian Public Works outlining that the reimbursement was now to be considered on a pro rata share, as far as the length of pipe across this project compared to the total length of pipe that would be required to be placed for the subdivision. DMHR reviewed this revised MOU and did not subscribe to it and did not sign it, did not return it. They did move forward., though., because of time schedule for constructing the building with the irrigation pipeline project. Also looking at a springtime water in the ditch process, wanted to be sure they got ahead of that. The Gemtone No. 5 development plans did not include any drawings for the Schneider Lateral or the O'Brien Lateral and a license agreement that was required through the Nampa-Meridian Irrigation District was not done by the developer either. DMHR has paid all the costs to have a license agreement drafted and approved by Nampa-Meridian Irrigation District, paid the costs to develop an engineered piping plan, along with construction staking and we feel that these project costs should also have been borne by the developer. So, the bottom line is in accordance with the intent of the second condition in item number two of the conditional final plat approval by the Council, DMHR Development requests reimbursement for the costs incurred to pipe these two. ditches as evidenced by documentation that's been submitted to Public Works. De 1Neerd: Gary, I think I forgot how complete your reports were. Smith: Thank you. De Weerd: Council, any questions for Gary? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: The completed work cost is how much? Meridian City Council April 10, 2007 Page 9 of 73 • Smith: The bid -- the low bid was 15,OOD something, but we had to add -- there was some additional pipe that was required after the contractor got on the site and started doing his work and Ithink -- I don't have a copy of that -- of that final bill, but it was around 17 -- was it, Brad? 17,138. So, it was about 1,500 dollars beyond the bid price that required some extra pipe to complete. De Weerd: Okay. Any further questions for Mr. Smith? Thank you., Gary. Council, any further information needed? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Question for Mr. Nary. Is it your sense that the ultimate responsibility or liability, perhaps, lays on the developer to fund the completion of this construction and the expense? Nary: Madam Mayor, Members of the Council, Councilmember Borton, this is a practice that's ongoing and as Brad stated it's kind of an odd circumstance we haven't run across before and that's why it's in front of you.. Normally -- and Brad can correct me on the technical detail if I get this incorrect -- normally, the developer would be the one responsible to have done this as a condition of approval. We did allow -- and in past plats allowed them to put this cash up as surety that the work would get completed at some point in the future and allow the plat to go forward to final plat for signature.. Obviously, at the time the intent was -- is all that money that was estimated as to the value would cover the entire cost of getting that done, otherwise, the developer would have done it at the time. The problem is -- and as Brad said., the quandary is that this portion of the piping should have been done and complete, so the quandary that we are, which both methods -- when I discussed this with Public Works, seem both reasonable and that's why it's here -- is certainty the intent of the approval and the granting of this cash in lieu of doing the work by the developer, was to pay the entire cost. So, proportionate share is one reasonable result. The other is is what's being requested by the builder here is that all of their costs be reimbursed. They are the first in time to build it, they are the ones -- the costs have changed, that's not their fault, but the original developer should have done that, that's what was required, but once we allowed them to post the cash, then, you know, we don't have another redress that I'm aware of to go back to that original developer to make them do anything. So, that's why we are sort of stuck in this particular predicament. Borton:. Madam Mayor? De Weerd: Yes.. Borton: It sort of invites the question that I'm sort of stuck on is if you resolve this with a proportional distribution of the 41,000 dollars, do you invite the individual property owner, all five or six or however many of them, to, then, have an individual suit against • • Meridian City Council April 10, 2007 Page t0 of 73 the developer versus, you know, first in time gets it covered and, then., the last guy who gets shorted -- is the developer going to get sued once or six times? De Weerd: That's a good attorney question. Nary: Madam Mayor, Members of the Council, that's why you guys get the big money in those chairs is to make that call. Councilmember Borton, I mean you`re exactly right, I can't tell you sitting here that -- that these particular other property owners have an actual redress against the original developer, because that was what they were required to do. They did what they were supposed to do, they posted the cash and the fact that time got delayed -- you know, one of the quandaries that we wrestled with from the staffs perspective is we don't know when, if any, of those other parcels will get developed. I mean this -- even if you proportioned out this money, the money left still may not -- may simply be less of a reimbursement in the future if you split it up by footage or whatever, because the cost of the construction obviously gets more. It's a practice that, obviously, we would have to re-think as a city if we were to continue to allow that, because, obviously, this situation could come up again. But, you're right, I mean certainly if all of those property owners think they have a redress, whether it's against the city or the developer, that's all you're doing is inviting five people, instead of, maybe, eventually only one. I don't know if Brad has more on the practice or anything else, but -- Watson: Madam Mayor, I'll take that opportunity to interject something. It may seem like this is an odd practice, but this -- plats are recorded all the time with surety posted. They are usually letters of credit. In this particular case they discovered at least one of these ditches, after Council had approved the plat, rather than even pretending that they were going. to post a letter of credit and get it done, they were up front and said we are not getting this. Here is the cash for the next guy that comes along. So, it's not a common practice, but at least they didn't have the charade of stringing us along for a year and having us try to collect on a letter of credit. It was more of an up front we can't do this right now, so I just wanted to clarify that we weren't going around the rules, it was just they were forfeiting it right from the day one. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I am not clear what proportion of the whole need the current applicant is completing.. Does that question make sense? Bird: Seventeen percent. Zaremba: Thank you. I didn't see that. I skipped over it. De Weerd: Okay. Any further information needed, Council? Okay. Staff is seeking your direction. • Meridian City Council April 10, 2007 Page 11 of 73 Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Seeing no one speaking up, the way it sounds to me is the developer in this case had a particular obligation to make sure the waterways were piped, not necessarily an obligation to pay a certain sum of money and that surety was a means to a particular end that they had to accomplish.. So, as opposed to shorting each and every affected property owner, it makes sense to me that -- that the individual applicant or affected party in this particular case be reimbursed for this full expense and to the extent in the future the amount of proceeds put forth by the developer to accomplish their required goal is short, then, that particular .property owner may or may not have redress against the developer for failing to satisfy one of their requirements. So, I think the proportionality distribution makes everyone equally unhappy and unsatisfied. So, I think I would be inclined to reimburse -- I think it was around 17,000, the number I heard. Bird: 17,138. Borton: 17,138. To reimburse Walt Morrow Construction in full for this one and the proceeds will be disbursed as we go forward as additional property owners become affected. Bird: is that a motion? Borton: I:t's just -- it's an idea for discussion.. I know it's a rare circumstance, I just don't know if other Councilmembers see it another way or think proportionality is a different way to go. Bird: Madam Mayor? De Weerd: Mr. Bird.. Bird: I would agree with Joe to the fact that really and truthfully -- and I hate to say this .because three of us sat on the Council that made this deal and we thought at that time, with the final plat, that -- that 41,000 would enclose it and as the final plat, the developer, he thought he was out of the clear and we all know what three -- three to four years of construction costs and materials went up. So, I agree a hundred percent with Councilman Borton that we reimburse DMHR, whatever the company is, Walt Morrow Construction, for 17,138 dollars. And I will make that motion, if somebody will second it. Rountree: I'll second that. De Weerd: Okay. Discussion? Mr. Nary. • Meridian City Council April 10, 2007 Page 12 of 73 Nary: Madam Mayor, Members of the Council, I was just going to add -- I guess your discussion that probably at least we would avoid this with other property owners in the future in this particular area, because they will be on notice as to what is available. You know, I think what Mr. Morrow -- or Mr. Smith's testimony was is to their knowledge at the time they made this bargain that was what was available to get this work completed, whether it's on their property or the others. Choosing this path at least puts on notice to every other developer of that property of what is available left to build that. So, they are not going to at least likely come in front of you saying we got into this deal and bought this property based on the fact that you were going to reimburse the full amount when you know that all that's left is the remainder of this money. So, if that helps you in making that deliberation, I think we can at least make sure that that's notice to folks as they come and develop. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I want to -- on the final plat what does it say, Brad? Does it say they will be -- they will be covered or that we got 41,000 dollars sitting here to cover it? It says it will be tiled; right? Watson: Madam Mayor, Councilmember Bird, yes, every plat that ever comes before you says the very same thing, but it allows for surety in every case. Bird: Does it say that right on it? Watson.: Yes. Bird: It does say that? And the amount? Watson.: No. No. That's an amount determined by the city engineer at the time of signature. When you approve the final plat there is no way to determine what -- Bird: That's what I'm getting at. Watson: Okay. Bird: My motion stands without anything added to it. De Weerd: Okay. Any further discussion? Mr. Berg. Rountree: Madam Mayor? De Weerd: Yes. • Meridian City Council April 10, 2007 Page 13 of 73 Rountree.: Just one comment. It seems it's more about not .proportionality, but fairness. Agreements were entered into in this particular exchange of property and money and features early on that there would be a surety for the cost and later on learned that thE; surety was not sufficient to cover costs. Additionally, other items that were to be donE; that weren't necessarily covered by the surety have been done by this particular applicant's request here. So, I see no reason to deny their request for full compensation and I agree with. Attorney Nary to pass on the remainder to future property owners and I guess Brad can chalk this one up to another lesson learned. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: My question would be I guess kind of a follow up to part of the earlier discussion. Is there a way that we can assure that the next property owners or purchases -- purchasers are notified that the -- that the pool is dwindling to repay them. Is there any way to make sure they are alerted to that? I realize this a recorded meeting and minutes are open to the public, but people may not be aware of that. De Weerd: Mr. Watson? Watson: Madam Mayor, Councilman Zaremba, maybe Council can help me out on thi:~ one. It would seem that we could put together some document, after execution of thi:i agreement, and record it against those particular lots that are affected, so at least in ~~ title search it would pop up. Nary: We can do that. De Weerd: Thank you. Good. answer. Okay. Any other discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. C. Mayor's Office: 1. Discussion of Surplus Computers: De Weerd: Thank you.. Okay. Thank you, Brad. Mine won't be so long. Discussion oi~ surplus computers. We did get a call from AI Johns at the Senior Center. They are ins need of some computers, as they have done a lot of their updating and remodeling. They called to see if we had any old ones that would be considered surplus. Our IT' director did, do some research, talked with our finance department and our city attorney, and we do have eight computers without software that if Council deems these surplus property, we could donate these to the Senior Center. They would need to purchase software to make them usable and they do know that. So, at this point,' Council., I would) • • Meridian City Council April t0, 2007 Page 14 of 73 need your direction on if that's something that you would consider and, if so, we can come back with a resolution next week. Rountree: Madam Mayor, I would definitely consider that. De Weerd: Okay. Any questions on it? Our parks department has worked with them in looking at some classes that they could offer and our seniors have expressed somE: considerable interest in that as well. Rountree: Great. De Weerd.: Okay. So, if it's okay, we will come back next week with a resolution. Any problems? Bird: If I can't get back on line they can have this one. 2. Appointment of Mayors Youth Advisory Council member to the Parks and Recreations Commission: De Weerd: Okay. Well, Item No. 2 is appointment of the Mayor's Youth Advisory Council member. The member that we had on there was -- is a senior and we are getting close to graduation, so we discussed it at the Youth Council meeting last night, They have made a recommendation for Sarah Steele to be the representative. She has been attending all of the meetings with a couple of the other Youth Council members. and they felt she would be a good representative for the Youth Council. So, I bring that: to you to appoint to the parks and recreation commission as the Youth Council representative. Bird: Sarah Steele; right? De Weerd: Uh-huh,. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Sarah Steele as the youth representative to the parks and recreation commission. Rountree: Second. De Weerd: Okay. I have a motion and a second. And this would be for a one year term. All those in favor say aye. All ayes. Motion carries. Oh, well, do I need roll call. Okay. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. • Meridian City Council April 10, 2007 Page 15 of 73 MOTION CARRIED: ALL AYES. D. Purchasing Department: 1. Approval of Bid Award of City Hall Packages 1 through 10 for a total of $5,836,369.35: De Weerd.: Thank you.. Item 6-D is our Purchasing Department and -- oh, there you are. Didn't see you over there. I was going to invite one of the directors to step in for you. Watts: Good evening, Madam Mayor and Council members. We are coming beforE: you tonight to get approval to award the ten bid packages for phase two of The New City Hall Project and authorization to enter into the associated contracts with those anti the purchase department has invited Wes Bettis of Petra to come and give you ~~ presentation on the results. De Weerd: Okay. Thank you, Keith. Bettis: Good evening, Madam Mayor, distinguished Councilmen and staff. For thE: record, my is Wesley Bettis, Petra Incorporated, and I'm pleased to say at 1097 Nortf'i Rosario Street of Meridian. Officially on Saturday. On April 3rd -- De Weerd: We can't wait until it's our building. Bettis: This is a big step. De Weerd.: First step. Bettis: One week ago on April 3rd at 2:00 p.m. bids were received and closed at that time at the city clerk's office for phase two, which is the whole shell and core for thE: New City Hall building. Twenty-five bids were received.. They were logged in. We„ then, had a public bid opening in accordance with Idaho Public Works contractors' requirements and statutes. The 25 bids covered the ten bid packages in question and on the copy of the document, the letter you have in front of you, we have thosE~ recapped for you, with the qualified low bids. All bids were reviewed for being in compliance with their Public Works contractor license and for their surety being in place., again, in accordance with Public Works statutes. There were two bids that were founcl in error. One was a site work bid, but it was not a low bid. He was bidding outside hi:. allowed value per his license. And the second bid was the low elevator bid by 1,294 dollars, but it did not meet the specifications as published, was reviewed with the architect of record., and found to not be valid. Based on this information we present these bids to you and ask that you direct the Purchasing Department to enter into negotiations and issuance of contracts for this work. Any questions? Meridian City Council April 10, 2007 Page 16 of 73 De Weerd: Thank you., Wes. Any questions from Council? Okay. Thank you. Council, I would need a motion.. We have in front of you a recommendation to approve award of the ten bid packages presented. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird:: I will make a motion that we accept this, but it's going to take me a minute, because I think, seeing how these are actually not subcontractors, they are general contractors, I need to read each -- each bid off, so if you guys will bear with me I'll do that. I move that we accept the bids for the City Hall project. Number one, which is sitE; work, MJ Backhoe and Excavation., for 610,314 dollars. Bid package number two i:~ concrete, Sidewalks, LLC, $655,595.35. Item number three, bid package three is thE; masonry. TMC, Incorporated, 1,584,760 dollars. Bid item four, the steel fabrication erection. Rule Steel Tanks, Incorporated, 1,847,000 dollars. Item number five -- bid package five was not used. Bid package six is the exterior doors, frames, anti hardware. Architectural Building Systems, Incorporated, 7,820 dollars. Bid packagE; seven is exterior framing, drywall, and insulation. American Wall Cover, Incorporated, 363,287 dollars. Item number eight, aluminum store fronts, curtain wall, and blazing, Custom Glass, Incorporated, 295,321 dollars. Item number nine is roofing, Western Roofing Company, Incorporated, for 192,990 dollars. Bid package ten is elevators, Schindler Elevator Corp, for 222,100 dollars. And bid package number 11 is moisturE; protection and water proofing with Sealco for 67,182 dollars. For a grand total of $5,836,369.35.. I move that we approve that. Rountree: Second. De Weerd: Okay. I have a motion and a second.. Any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: O. Approve SWAC Recommendation for funding of Playground Equipment purchase of $6,038.00 for Bedford PIacE; Homeowners Association: P. Approve SWAC Recommendation for funding of Bench purchases of $1,119.00 for The Vineyards Homeowner: Association: De Weerd: Thank you. Item 7 we have two items removed from Consent Agenda, but I will entertain those Item as O and P. Mr. Nary. • • Meridian City Council April 10, 2007 Page 17 of 73 Nary: Thank you, Madam Mayor, Members of the Council. I had asked to have thesE: removed 'to give you a little additional explanation. The solid waste advisory committeE~ had recommended approval of both of these expenditures out of the solid wastE: recycling funds. As you recall annually we have a budged amount in each year's city budget that is paid for and -- paid for by the solid waste recycling funds by SSC. All o~f the funds from the solid waste recycling program in the city go into this fund. Wei receive requests from various community groups for a variety of things, picnic tables, benches, bleachers, play equipment and the like. These two requests were a litfle~ different than some that we have had, at least in my time period on the committee, and that's why I wanted to bring them to your attention. Both of them are from homeowner:; associations. One's for 6,038 dollars for Bedford Place homeowners association for playground equipment and the other is fora park benches for the Vineyard~i homeowners .association for 1,119 dollars. The discussion by the committee was -- wa:; trying to balance the needs of the fact that most of the prior requests we have had., the: policies that we have had in place, is that the -- the request has to be for a project that'd within the city limits, that's going to benefit all city residents, that's available for use for all city residents, and most of them in the past have been either in our public parks or on school properties and this one was unique in the fact that it was a homeowners association and these were private homeowner parks. The committee's discussion went from the fact that, of course, all of the people that live in these homes -- or live in these subdivisions also are taxpayers, they are also part of the recycling program as well, and we asked both of these groups that requested it that one of our requirements from the committee has been that each of these purchases has to have a sign acknowledging where the funding came from. This is a 50 percent match. So, 50 percent of the cost is borne by the applicant and the other 50 percent by this request: But we require that a sign be placed on the equipment or near the equipment or' adjacent to it, that indicates that the funds came from this recycling program. Part of it, obviously, is used to advertise the program exists and the benefits it provides the community. In these two requests the committee made a further recommendation to both the homeowners associations and that it was accepted that it also acknowledged on the sign that those -- the uses of those products, the park benches, and the playground equipment, were available for all citizens of Meridian to use. So, even though., maybe, in their private homeowners park that that particular equipment would be available at all times for citizens to use without concern about the fact that this was their association park. Both of those homeowners associations agreed to that, they changed the sign language to reflect that, and so the committee did approve it. I wanted to point that out, because that was a fairly unique circumstance and I wanted you to be aware of it before -- if you wanted to make that approval, again, the matter's before you. If you have other questions, I, hopefully, can answer them for you or if you'd like us to consider it further or not approve it tonight, that's certainly within your discretion. De Weerd: Council, any questions for Mr. Nary? Bird: I have none. • • Meridian City Council April t0, 2007 Page 18 of 73 Rountree: I have none. De Weerd: Okay. Bird: Madam Mayor, I do have a statement. As long as they meet the -- as long as they meet the criteria -- and it sounds like they do -- I don't know why it would make any difference whether it's a homeowners association or a park or a school or anything else: think it's great that they want to do that, myself. De Weerd: Okay. Rountree: And as Bill stated, Madam Mayor, I don't know that there was specifically ~i policy or a criteria that indicated that it needed to be in an entirely public place, but i~t was the committee's recommendation that all public be able to access thesE: improvements and they agreed to it and the committee supports it. De Weerd: Appreciate that. And thank you for the report. We will need a motion tc- accept the recommendation from the Sanitary Waste Advisory Committee. Bird; Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve the SWAC recommendations of funding for Bedford Place homeowners association for 6,038 dollars and for the Vineyards homeowners. association for 1,119 dollars. Rountree: Second. De Weerd: Okay. I have a motion and a second.. Any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.. MOTION CARRIED: ALL AYES. De Weerd: Okay. As we move into the Public Hearing section of our agenda, I do wani: to make note, if anyone is here for Items 13 or 14, or 15 or 16, they have been requested to continue these two applications. I apologize if you have waited all this time to find out that you -- these items will be continued. Again, Items 13 and 14 have beery requested to continue to April 17th. And Item 15 and 16 to May 1st. Item 8: Public Hearing.: Proposed New Sewer Pretreatment Ordinance: De Weerd: Okay. I will go ahead and open the Public Hearing on the proposed new sewer pretreatment ordinance and Brad to present it. Meridian City Council • • April 10, 2007 Page 19 of 73 Watson: Thank you, Madam Mayor, Members of the Council. Actually, I'm pleased to introduce our pretreatment -- wastewater pretreatment manager, Steve Maneck. He's here tonight, who's been involved in the rewrite of this ordinance and dealing with his; customers in this field and I'll let him just give you a couple high points on what we arE: proposing here. De Weerd: Good evening.. I saw you tonight and I thought are we getting that award this evening, so -- Maneck: Good evening, Madam Mayor and Council. My name is -- good evening, Madam Mayor and Council. My name is Steve Maneck, I'm the Pretreatment Program Manager, and what you have tonight is a new city ordinance -- actually, it's a revision tc- the existing ordinance. Part of my role is to insure that pretreatment program meets thE: EPA guidance criteria and this ordinance meets that. What I have done is work with thE: EPA Region 10 coordinator and we designed the ordinance to meet the changes, sincE: the last one, the existing ordinance, I believe, is from 2001. Since that time we havE~ had changes mandated by the EPA, two city ordinances, so this includes thosE~ ordinances. In addition, there is a local limit study that's been conducted and approved by the EPA that's in the existing ordinance. We have contacted our business; community. We have approximately 300 facilities that we help keep in compliance and my office has sent out 250 letters to those businesses explaining changes to the city ordinance, specifically the local limits that will be changing. This local limit study is an engineering study that was conducted at the treatment plant for loadings with they pollutants as designated by the EPA and so that's included in the ordinance. We have communicated to the public via newspapers and I received approximately four phone calls from businesses with general questions of how does this exactly impact the type oi` business that I have. So, I believe we have met all the criteria required to approve ei new city ordinance. I don't believe that there is any concerns from the business. community with the changes that we have made. Any questions? De Weerd: Council, any questions? Okay. Thank you. Maneck: Thank you. De Weerd: This is a Public Hearing. Is there anyone who would like to provide testimony on this item? Thank you. Brad, do you have anything you would like to add? Watson: Madam Mayor, Councilmembers, no, I don't. Just want to thank Steve for aln his hard work and the attorney's office who had to pour over pages upon pages oi` fascinating text. Nary: This is one we would want to read aloud. De Weerd: We will save that for Mr. Berg. Okay. Council, if you don't have any questions for staff, Mr. Nary, would you, please, outline the next step. • i Meridian City Council April 40, 2007 Page 20 of 73 Nary: Madam .Mayor, Members of the Council., the Public Hearing process tonight is, sufficient for approval. What I'd ask is that we set it over for next week for final approval. We need to insert some language indicating we have waived the reading rules, so it's clear that we have done that. We are allowed to do that and, then, we carp get it published and get it implemented before the end of the month, which is what I think Public Works' desire was. So, if direction is that you don't have anything else to add to the ordinance or to amend, if you simply direct that we put it on next week for approval, we will make all the appropriate changes and put it on. De Weerd': Okay. And it is appropriate to close the Public Hearing at this point? Nary: Yes. De Weerd.: Okay. -Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the Public Hearing on Item No. 8. Zaremba: Second. De Weerd: Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: I move that we set this item over until April 17th, 2007, for reading and approval. Bird: Second. De Weerd.: Okay. I have a motion and a second to consider this at next week's meeting. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 9: Continued Public Hearing from March 27, 2007: AZ 06-059 Request: for Annexation and Zoning of 224.26 acres from RR to R-2, R-4 and R-8 zones for Blackrock Castle Greens Subdivision by Providence Development -west of S. Eagle Road and south of Amity Road: Item 10: Continued Public Hearing from March 27, 2007: PP 06-059 Requesi: for Preliminary Plat approval of 644 residential lots and 31 common lots on 224.26 acres in the proposed R-2, R-4 and R-$ zones for Blackrock, • • Meridian City Council April 10, 2007 Page 21 of 73 Castle Greens Subdivision 6y Providence Development -west of S. Eagle Road and south of Amity Road.: De Weerd: Okay. Items 9 and 10 are a continued Public Hearing from March 27th ors AZ 06-059 and PP 06-059. This was continued for items specific. Mr. Nary, could you, please, outline those? Nary: Yes, Madam Mayor, Members of the Council, if you recall at your hearing ors March 27th at the conclusion of the hearing the discussion turned to continuing thi:~ matter for some specific direction. In the minutes from that meeting the motion wa:~ made to continue. The question was raised by Councilmember Zaremba as to whether it was specific to certain points. It says -- Councilmember Zaremba in the minutes says.: I'd second that, but I question whether we want to specify exactly what we are lookinct for. Do we need to delineate that or that it is already pretty clear. Councilmember Birci said: I think that's pretty well. I think there is a lot of points they want to probably get ire and the applicant needs to have some definite answers on a couple of things that wfa asked from them. I think it will be a short Public Hearing. The council, then, went on to discuss the specific nature of what their requests were. There was some additional comments by myself and Councilmember Rountree that this was not a resolved issue, that it certainly may be -- it doesn't necessarily mean the Council has approved thi:~ project, but they simply made some direction and they wanted some specific item; addressed as to the density, the lot sizes., the locations of some of those things. They made some specific references in here and that was the direction Mr. Brown left with. In fact, Mr. Brown offered to bring it back by the end of that week, too.. Oh. Up on thE; board you will see from the minutes what specifically was asked to be addressed. Mr. Brown offered to have it done by the end of that week. It could have .been on last week if it could have been done, but it didn't give staff adequate time to review those. So, tonight's meeting was simply continued to address those specific concerns that werc: raised by Council and not to address the whole project in general. De Weerd: Okay. Anna, anything to add? Canning,: No, ma'am. This was from -- we did go through all the minutes and point out the key issues of discussion and those are listed there. So, I guess just for the public that wants to testify if it's Council's desire, we are just anticipating that they address those specific topics. De Weerd: Okay. Canning: I will -- I can continue with my normal presentation or -- is that -- at this time if that's what you want. De Weerd.: Well, I don't know what's normal on a continued Public Hearing, so if you have anything to add this would be the time to do it. Meridian City Council April 10, 2007 Page 22 of 73 Canning: Yes., ma'am. As you know, this is the Biackrock Castle Greens project. It is located on the west side of Eagle Road, approximately a half mile south of Amity Road. The applications before you tonight are annexation and zoning and preliminary plat. Based on your hearing of two weeks ago, the applicant has brought back a revised plat and a concept plan or this map, which shows it a little bit easier. And in this revised preliminary plat or this site plan as being presented, you will note that the -- the legend here is a little hard to read, but the dark brown is over 10,000 square feet. Brown i:~ eight to ten thousand square feet. The yellowish is under 8,000 square feet. And green is common area. So, as requested, the revised preliminary plat contains lots that exceed 8,.000 square feet over 90 percent of the perimeter -- subdivision perimeter. And, actually, it's the entire perimeter. There are no -- oh, I'm sorry. There is onE; yellow lot on the perimeter. And all the others are orange or brown. So, all, except that one corner lot, exceed the 8,000 square feet. The applicant has agreed to cover th€: irrigation ditch near their entryway. It -- to increase the safety the applicant ha:~ provided a detailed breakdown of the value of the proposed neighborhood park and that was on the memo that was distributed to you. I have that memo in electronic form. That's what I was showing earlier. So, I can put it up on the screen if you'd like.. ThE; applicant has proposed -- oh. The applicant has agreed to provide secondary access with the first phase of the development to be approved by the fire department. ThE: applicant has proposed several architectural standards to be included in thE; development agreement, which include a minimum of ten percent accent material ors the front facade. Minimum 12 inch eaves to protect from all -- to project from all exterior walls and various other architectural enhancements. And, again, those enhancement: were on that memo provided to you as well. And I'll bring that up at the end of thE; presentation. The applicant also included in that memo a portion of the proposed CC&Rs for the development that referenced front yard landscaping and wing fencing. The wing fencing being the short -- short fences that go from building to building -- frorY~ house to house. Sorry. To -- for their side yard fences. With regard to outstandinci issues before City Council, we anticipate that there will still be some discussion about the pathway on Scott Fulcher-'s property. We also anticipate some further discussion about stub streets to the northern and northeasterly boundary. And I guess the bici question is Council satisfied with the proposed architectural standards or enhancements. You have recently required -- or been offered more details with regard to architectural elevations than -- for large projects than we appear to be getting herE: and I just wanted to point out that both South Ridge and Baraya offered completE; design guidelines, with many enhancements. With more specific reference, thi:~ developer, when they did Solitude Subdivision, talked about having a different minimum standard for the rear yard elevations of homes that faced an arterial or collector road and they haven't proposed that as part of the enhancements to my knowledge. Anc1 also this builder does have stock elevations where there are no windows on -- yora know, two story and one story elevations where there is no windows on the sides. So~, that's something you may want to consider as well. So, all those refer back to thE: architectural enhancements. Prior to tonight there had been one other written testimony that was a letter from -- or a-mail communication from Dave Zaremba to Russ Fulcher~. That was copied and put as part of the record. There was also a response from Mr. Fulcher later this afternoon. And Idon't -- Will, did that get in the record? No. We call Meridian City Council April t0, 2007 Page 23 of 73 . track that down and get copies. Oh, I'm sorry, Madam Mayor. That's all. I would stand for any questions. De Weerd.: Didn't know if you were done or not. Canning.: Just faded off there at the end. De Weerd: Any questions for staff at this time? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Just one question and it is on the subject of the park. We were asking for more detail on the park. If my memory serves me correctly, in the meantime, during thE: period that this was continued, didn't we pass a change to the park naming ordinancE: and the request would be that this park not be named for the subdivision. I see thE: parks director shaking his head yes. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Anna, Igot a -- probably a dumb question, but you say there is no windows on the sides of fihe elevation. Unless there are for life safety in a bedroom or something., i:; there a reason we require windows? I mean not that I would have anything againsl': them. They have been good to my family for 42 years, so -- De Weerd: I think -- Mr. Bird, I think staff listed that because it's been a concern in they past of the look from the vision corridors and it's more in the vision corridors than anything else. Bird: Okay. De Weerd: So, that's why it probably showed up on this. Okay. Any other questions at this point? Okay. Where did you go? Brown: For the record, Kent Brown, 1500 East Iron Eagle, Eagle, Idaho. We have triecl to make the necessary changes as discussed. I'd like to start with the park, to begin with. Staff put the park design on here. In working with the parks department and park:; staff, we tried to come up with a design that they liked. We had their collector road that comes here where they wanted to access that park. You have the booster pump station, the Meridian booster .pump station that's already built and located at that location. So, we designed to put the parking here off the collector, with a shelter to thE: north., with some picnic areas, but still trying to keep them away from any of the home:. that might be there with those active type uses. Again, the tot lot is located centrally • • Meridian City Council April 10, 2007 Page 24 of 73 here and, again., away from any of the houses where those might be a nuisance as kind of directed that for court gaming area where we would have the opportunity to put basketball standards on each end, but they said that there was also a desire to havE; like a tennis court and so we designed that. There was some discussion at the park: commission about having a tennis court. It was brought up at that meeting that the higFi schools are the only place kind of in the valley that we really have tennis courts and it would be nice to have one of those facilities there. Also, then, there would be two backstops for some baseball to be played there, but for the most part this is just a lawn area that -- as you`re familiar with the neighborhood park system, that's not something that you can really schedule, it is for people to walk and commute to and use that area,. So, that's been the thought behind it. You have the memo where we break out the cost, the land donation. We are looking at building the entire park area totally. We'd build fihE; parking lot as a part of our financial responsibility and, then, this is the part for reimbursement through park fees and so forth. I think it kind of speaks for itself. ArE; there any questions about details on the park necessarily? De Weerd: Council, any questions on that? Bird: I have none, Mayor. Zaremba: Madam Mayor, Just to clarify, the discussion on whether it's a tennis court or a basketball court or is it the same court that's convertible? Brown: 'It's the same court that's convertible, Councilman Zaremba. Basically, you would have a net up. Long term it's kind of like a test case, it sounds like to me, anti Doug's here that can speak to that maybe at greater length, but you could have two half court basketball courts going on or you could play tennis. One of my neighbors built one of these in his -- and, you know, sometimes they are playing ice hockey and they take the -- or rollerskate hockey and take the net down and other times, you know, wc~ are playing full court basketball and put the net up and play tennis. So, it kind of gives you a little bit of both. There is putting the net up and down type of deal that needs tt~ take place to make it a tennis court. Zaremba: Thank you. De Weerd: Thank you. Brown.: Anna, could we go to the lot configuration? Per your request we did move this lots where you're looking at seeing the change. I:t starts here at this northerly stub street, the second to the west, and goes all the way around, including all the lots along the south. The brown lots that are at the toe of the hill, they were already 12,000 or larger in that area. I think the corners we get to 18,000 square feet. We did increase the ones here. We turned -- and turned, went across the street, and raised some of the lots that are across from those where we could, to kind of make those balance a little bit in size. Overall, these numbers change minorly, but for the most part they just moved internally and that was kind of what we understood. For example, this area here and ! • Meridian City Council April 10, 2007 Page 25 of 73 this area here were larger lots before and now they are some of the smaller ones. WE: put some of the smaller ones around the park and in this location. So, we moved them per your request from the exterior to the interior. We have talked to the landowner; adjacent to us and we have an agreement with them to have across-access easement that's a part of moving the sewer across their property, which is the White Bark Subdivision, which you're familiar with, which connects at this point, goes up to Amity Road.. We have that connection.. Our other possibilities are there to comply with that requirement, but to extend sewer to this site, the sewer department is going to want ~~ maintenance road over the top of this sewer and so it's kind of a dual functioning secondary access and sewer access off of -- the sewer department needs access tc- those manholes. So, as a part of doing that we will provide secondary access to thE: first phase of the development. Anna brought up the stub street issue. Representative:. for the Fulchers had asked that this stub street be done away with. We don't really care. I mean that wasn't -- and I think that that was our testimony at the last meeting. We have provided those stubs per what's good planning for the parcels being over here.. They are looking at the possibility of some noncommercial or some nonresidential use:; and didn't think that they might need that, but that they might need access to the sewer„ Either way, we are amenable to that. Scott Fulcher's property is located here north oif our entrance. We are still willing to work with him in the future about extending that pathway through and at this point I don't know really what else we can say that -- somE: of the difficulties in talking with Anna's staff earlier today is the question of this pathway being built on county ground, because Scott Fulcher's property isn't being annexed.. Where that path goes also is in alignment with his driveway. I have an aerial that I care show you if you'd like to look at that to see how that pathway interferes with that existing home, but we are willing to try to make that happen, but, realistically, whether it does or doesn't we have provided a pedestrian connection at the end of the path here and we have provided a pedestrian connection that staff was looking for. All along in this; process we have tried to be flexible, tried to adapt to what the staff has asked and thE~ other agencies as we have gone along, just like the changes that we just recently made., And so when the police department or fire department brought up issues as we were iri the early portion of the comments, we have tried to address those and be proactive in trying to reach those. That's my portion at least, the sub street and the platting issues„ Mr. Hubble is here to speak -- Don Hubble to speak to the homes and the other potion:; that you had questions on. De Weerd: Thank you. Hubble: Good evening., Madam Mayor and Members of the Council. My name is Dori Hubble.. My office address is 701 South Allen Street here in Meridian.. I am the president of Hubble Homes and Providence Development Group. I'm also here on behalf of our full team. We have roughly 120 people in the office here in Meridian and we also consider that we -- our workforce in the field contractors consists of another eight or nine hundred people. So, we have a number of folks here today and I just want to ask them to, please, stand and acknowledge that they are here. Thank you. This i~; just alittle -- we are passionate about what we do and we are extremely proud of thE~ product that we provide, the homes that we build. We have been civic partners here in Meridian City Council April Y0, 2007 Page 26 of 73 C1 Meridian for the past ten years and plan to be for a long time and we respect our civic; leaders. and we are going to honor whatever decision you make tonight. But this i:, important to us and we want to tell you part of our story. So, it's important that we explain how we do things. First of all, we don't ever -- we very rarely build specs. Our business plan is to not build specs. We offer a number of floor plans and a number o1~ elevations and we let our home buyers come in and choose what they'd like to purchase and we want them to purchase that home before we ever build it. So, they make those choices. A second step in our process is it's important for us to know our buyer. We send out extensive surveys, questionnaires, to people who have just previously purchased homes and we ask them what's important to them and it's a nine page questionnaire. We ask them a couple of different ways if they had additional money toy spend where would they spend it. And 60 percent of those responses say that they'd like to have more space, which leads us to our prevailing business model. More space for less money. The third step is that we want to know our market. We study what's. going on. For example, here is some interesting information.. In Meridian -- and we have data from a couple of different sources, but the median family income from one source says 57,000 dollars a year, another source is 63,000 dollars a year. So, let's just: assume somewhere in the middle. The median family income -- that's both wage earnings -- is about 60,000 dollars a year. If you look at the FHA borrowing charts, that: will equate to borrowing a home worth about 185,000. A mortgage for 185.,000 dollars, Let me just kind of drive the point here a little bit further with some individual incomes. We took this off of some statistics here locally out of Meridian and it says that the average wage -- this is the mean -- for protective services, our police officers, fire department folks, ambulance, services -- the mean income of 29,500 dollars. An entry level police officer position in the City of Meridian is 34,000 dollars. The average teacher wage in School District No. 2, of which that's the largest employer in Meridian, by the way, 3,800 people, the average income is 41,000 dollars. Retail average is 29,000 dollars. Construction workers are 30,000. St. Luke's across the board averages 42,000 dollars. So, the 60,000 dollars is very real for family income. Let me try to tell you how we work with that in preparing a home. In Castle Greens our lot cost -- this is no profit. This is our hard cost with the land and the infrastructure., will be roughly 90,000 dollars. Now, that includes -- we allocate roughly 4,000 dollars to this park. So, without that park we could have saved -- we would have reduced our lot price down to 86. But our lot price is 90,000 dollars. Our permit in the City of Meridian is 9,000 dollars. And the additional architectural requests and the landscaping and so forth that we have been talking about so far, adds up to another 7,000 dollars. That's a total of 106,000 dollars. If you're starting at 185, that leaves us 79,000 dollars to build the home. We can't even build a home for a family in the median income level in Meridian in Castle Greens. So, we are already starting above the median and in the upper half of income levels. We have a couple other constraints in Meridian that are important to know. First of all, we have a minimum home size of 1,400 square feet. So, we cannot build smaller than that. And there is another ordinance that says that on a two story home you must have at least 600 square feet on the ground floor. That eliminates a couple of our plans in the range between 1,400 and 2,000 square feet. So, our plans in Meridian jump from 1,400 up to 2,000 square feet, which is a substantial difference in price, too. Let me give you a couple of comparisons around the valley. We are building Meridian City Council • • April 1.0, 2007 Page 27 of 73 in Razzberry Crossing here in north Meridian. We have a 1,400 square foot home and our base price is 198,000 dollars. That's 140 dollars a square foot. In Caldwell we: offer a home at 3,500 square feet for 180,000 dollars. Fifty-one dollars a square foot. That same 3,500 square foot of home of ours in Meridian is 274,000 dollars. That's -•• I'm sorry, 254,.00.0 dollars. It's 74,000 dollars more than in Caldwell. So, when we look at the freeways and wonder how come people are commuting.., with that difference iri price, we are forcing people that want larger homes to move west. Meridian i;~ participating in the Blueprint For Good Growth, a primary part of that is that the Blueprin~l believes that jobs and housing should be as close to each other as possible. We wand to eliminate people having to drive commuting distances in order to own a home and that only makes sense. That's going to save energy through transportation. It will protect our air quality. In fact, we estimated that a couple commuting from Caldwell will probably spend roughly 200 dollars a month in gas driving back and' forth to Meridian. Let me try to quantify our incremental costs, the cost of our home. Once we get a home: built and we have already paid for the lot and the permit and the kitchen and the bath;, we can go to a larger home -- we can go from 2,500 to 3,000 square feet for roughly 25 dollars a square foot, which means that the architectural amenities -- the features thair we offered in Solitude, amount to roughly 4,000 dollars. That's 160 square feet of space that we have to give up -- that a home buyer has to give up in order to provide thosE~ architectural features. If we look at the additional ones that we are talking about irv Castle Greens in terms of the brick and the landscaping, that's an extra 2,400 dollars, that's an extra roughly 100 square feet. Between the two of those that's 260 square feel: of living space that we have to forego -- our buyers must forego in order to install those architectural features. So, let me just get to the point and first address landscaping. I know that was a concern. It was mentioned that landscaping would like to be a~ requirement. This community represents an investment in total home value of aboul: 150 million dollars. It is a big deal to us. We have measures in place that we offer toy install homes -- the landscaping if the buyers select that, but we also can require that in our covenants and have other methods for making sure that happens. We would -- wee would like you to trust us. With that level of investment out here we will make sure that: our yards get installed. That should not be an issue. So, I don't need to -- we will make sure that that gets done our way. I just wanted to comment briefly on the density. In. the Comprehensive Plan roughly half of this land shows as medium density residential, which by definition in the Comp Plan that's anywhere from three to eight units per acre. If you look at our overall B:lackrock and Castle Greens, we are at three units per acre. Even if you take out the Blackrock, we are only 3.6 units per acre. That's hardly medium density, in our opinion. That feels like low density and I just wanted to make the point. We have submitted the plan and we support that, but to try to get more people in Meridian, higher density would be very helpful in our whole economics. Keni: mentioned the park. Just so you know, that we considered that to be an investment in land of roughly a million dollars and the improvements associated with that are about: 1.7 million dollars. So, we are doing a park that's worth to us 2.7 million dollars. It's a big deal, too. So, now back to our architecture. When we did Solitude we brought in renderings and offered amenities and features and said with these -- we will add these and it cost us about 4,000 dollars. Now we want -- we are talking about adding ten percent brick and we are asking for the landscape and the wing fences. I just want to~ Meridian City Council • • April 1 Q, 2007 Page 28 of 73 reiterate that we are very proud of our product and home buyers appreciate what we arE; providing for them. We just question the need for whatever architectural features arE; even required. First of all, we can screen from any heavily traffic -- traveled street ut~ here and make sure that the general public does not have to look inside our community. It should be that the only people that see each other's homes live across the street or next door and it shouldn't be a big deal. It -- ~ , De Weerd: Mr. Hubble, if I can ask you to start summing your remarks up. Hubble: You know, Madam Mayor, in fact, I can stop at anytime, too. We will -- let's dc~ this. We are here tonight to ask your approval without any architectural -- additional architectural request. We will comply with whatever ordinances are in place, with thE; building code, but we are asking you to not impose additional architectural features on us tonight for the sake of the buyers that want to live in Meridian and have more spacE; for the money. We just ask you if you can promote the American value of providing thE; freedom of choice, we'd appreciate that. And I would answer any questions that you might have. De Weerd.: Okay. Council., any questions? Rountree: I have none at this point. De Weerd: Okay. Thank you. I do have a number of people who have signed up anti indicated their support or neutrality or other comments as they have signed up. So', when I call your name if you'd like to provide testimony specifically to the items that were continued on, I would ask you to come forward. Otherwise, I will just state youir support or whatever your opinion is on this application. Tim Taylor. There were nt:~ boxes marked, so you can fill in the blank. Taylor: Okay. De Weerd: If you will, please, state your name and address. Taylor: I am Tim Taylor -- Madam Mayor, Members of the Council, my name is Tim Taylor at 1488 here in Meridian. De Weerd: 1488 what? Taylor: East Blue Tick. Sorry.. I guess I'm a little bit nervous. De Weerd: You were just seeing if I was listening; right? Taylor: There you go. To remind you, I'm also a developer and I'm also buying a lot ire Blackrock portion of this annexation and I truly appreciate the efforts of the developer tc~ make a good subdivision, since I'm going to live there. I think it's a very good use of thE; • • Meridian City Council April 10, 2007 Page 29 of 73 land., as far as, you know, costs versus the use of the city services that will be provided there. I appreciate the parks. I appreciate the trails. And I appreciate Mr. HubblE: paying all these people overtime to show up here. However, Mr. Hubble did start out by saying his business plan is about making choices and I think the choice to live iri Meridian at some point needs to be made and I appreciate all his figures for the averagE: salaries and so forth. And as a developer I can appreciate the cost of land and appreciate the cost of adding materials. But he would not leave off the front door and sell the home. It's my opinion that he should also not leave off the front landscaping., the wing fences, and some architectural accents and I can appreciate that this migh'I cost another four or five thousand dollars, but what is that in a monthly payment -- it':. not very much. Twenty, thirty dollars a month. And I feel that for an extra 20 or 30 dollars a month to make sure that this subdivision turns out to be something that thE: City of Meridian will be -- well, it will be considered an asset to the City of Meridian, II think it's worth that. And the choice is if they can't afford the extra 20 or 30 dollars a month in their house payment, then, maybe they need to pick a location where Mr;, Rubble's come up with some less expensive land in the past. And that's only a few miles further in commute time. The fact is that -- does that yellow mean I have like a minute? De Weerd: Uh-huh. Taylor: The fact is if someone moves -- if somebody scrapes together their pennies for a down payment to move into a house and to get that extra square feet that growing families need today, then., they can't afford to scrape together their pennies to put in they landscaping and whatever and as soon as one person doesn't do it, then, their neighbor decides, well, if he's not going to landscape, then, I'm not going to landscape and pretty soon these things are not looking very well. De Weerd: Mr. Taylor, I will ask you to summarize. Taylor: Okay. I just think that the choice needs to be to have the landscaping and the architectural accents in place before they move in, so they will be in place. Mr. Hubby has asked us to trust him, but I can point out places where there have been people that: are living beyond the 90 days and when is the last time that a CC&R covenant was enforced? I would challenge that it probably hasn't been enforced. Thanks. De Weerd: Okay. Jeff Beck signed up for. Beck: Madam Mayor, Members of the Council, thank you for your time to listen. De Weerd: If you will, please, state your name and address. Beck: My name is Jeff Beck. I'm at 1805 Overland Drive in Meridian. I have looked ai: Meridian, I'm considering the purchase of a home in that area and I'm transferring from a location across the country to be here. Meridian -- as my wife came out and visited) this past week -- it is the preferred area, because of the school system and the • Meridian City Council April 10, 2007 Page 30 of 73 opportunities that are there. So, we really appreciate that. One of the things that I am in a little bit of frustration on is the idea that I would have to move out of town. One of the reasons for my job change and things is to give more time and devote more time tc~ my family. So, the idea that I get caught in traffic having to drive those few extra miles., can translate into several minutes each way that Ihave -- that I'm away from my two boys that I have, one of them ten and one of them six years old. So, it is something of ~~ matter of passion that you're able to provide these types of facilities as far as are affordable amount of square footage that we can enjoy for our family and that's what I would like to offer to the Council. Thank you. De Weerd: Thank you. Don Cantrill. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: And Ionly -- I raise this in light of reaction we got with regard to Mr. Hubble': comments and everyone who is here. If you wouldn't mind, everyone who is providing public testimony, if you would identify if you're employed by Hubble Homes in any capacity. You just saved me from asking each individual one. I think that's fair to put that reference on the record. De Weerd; We know that Mr. Taylor wasn't. Mr. Beck, were you? Cantrill: Madam Mayor -- De Weerd: I'm sorry. Just a moment. Cantrill: Oh. Excuse me. De Weerd: Okay. For the record Mr. Beck is employed. Okay. Thank you, sir. Cantrill: Madam Mayor and City Council Members, my name is Don Cantrill. ExcusE; me. I live at 3000 East Lake Hazel in Meridian. 83642. De Weerd: Thank you. Cantrill: My -- I got a couple -- just quick questions here. Anyway, my property is down here, which is 30 acres, and I have another house here, then, I own the two lots here, which I appreciate going from the R-8 to the R-4 here. And now, once again, is there <~ berm, a fence, any sort of tree work along the side there? What I have got problem: with is that once in awhile we got that road, that little ditch right here, and people walk their dogs there and I get into -- their dogs like to chase my cattle and my horses. Tht: other concern that I have is, basically, the traffic. Obviously right now I think it would -- as much as is going on right now, when I go -- I live right here and when I go to work, go onto Lake Hazel to Eagle, it used to take me six minutes to go three miles. Now it',~ • Meridian City Council April T0, 2007 Page 31 of 73 taking me between 17 and 22 minutes at 7:30 a.m. A lot of the traffic is also coming from Kuna, down Lake Hazel, Lake Hazel to Eagle., to miss the Meridian expressway there. Obviously, they showed pictures of the park where they have all of the kids over here playing soccer, so on the weekends you don't even want to try to go down Eagle Road, unless you got about a 45 minute time to eat your sandwich and so forth:, Obviously, the first gentleman that spoke about the appearance of the houses I'm pretty much a ditto there. I think if you gave your customer the choice I can assure you less; than ten percent is going to take the facade, the improvements. If, indeed, they are driving now from Caldwell and further out, they are going to be saving their money on gas on the improvements of their facility. So, I think it would be mucher ahead.. I'd like to see this not a trailer park, but something here in Meridian to be extremely proud oi~ and I think by adding just a few items to their houses I think it's going to be much greater appreciation. Thank you. De Weerd: Thank you. Okay. John Chandler. Signed up for. Chandler: Madam Mayor, Members of the Meridian City Council, my name is John Chandler. I live at 1033 Rolling Hills Drive in Meridian. I live in a Hubble Home and I'm proud to be a new home specialist for Hubble Homes. One of the first lessons I learned in sales is my opinion doesn't matter. What does matter is understanding the needs and wants of my customer. The better I become at listening and understanding the more successful I have become and the more successful my employer has become. But the person who ultimately decides the success of me and my employer is the customer. The customer. Let us never lose site of the fact that the customer is the one who pays our way. The customer is the one who decides what is right and what is wrong for their family. And the customer is the one who votes with their feet. If they can't get what they want at one place, they will go to the next place. If they can't get it there, they will go to the next and so on until they either find a way to get what they want or they live with their pain. Choice is the number two pledge of Hubble Homes. People have choices when they buy a Hubble Home. Everyone has a choice. Everyone likes having a choice. Even if you choose to select everything that everyone else decides, you have still made a choice. One of the things that really strikes a cord with my customers is a very simple question. How does it make you feel when someone else makes a decision on how to spend your money? I would ask each of you the same question. We live in a capitalist society. It's one of the things that makes this country great. We can go where we want, buy what we want, and live where we want. Woe is the day that our elected officials start making choices about where we can live. Please don't be the elected officials who tell the hourly worker who works two jobs to support his family that you need brick on the front of your house. The single mom who is proud of the success of her little girl, who is having success in school, but missed a school function because she got caught in traffic on her way out to Nampa where she rents an apartment, though she works in Meridian.. But you need to have special architecture designs on your home.. I would plead to you members of the Meridian City Council to not put your personal opinions or biases on the people who work here and want to live ,here. Let the market determine the direction we should take. The market is represented by people who put you in this position to speak for them. Since Hubble • Meridian City Council April 10, 2007 Page 32 of 73 Homes only builds the homes people want, with the amenities they get to choose, thE: market will drive us to change if they choose differently. The market choice and freedom -- surely you aren't against these things. Please don't show, through any additional requirements, that you are. Thank you. , De Weerd: Something Kincade, I'm assuming. I can't read the signature. Taylor? I don't know. He signed up after John.. Kincade or Kincade. Well, whoever signed u~i for. And if I don't get you, you can come up afterwards if I haven't called your name, And you would have been that person. Tina Lith -- Litt signed up for. You don't have tc- provide testimony. Okay. You are noted on the public record that you are for this application. Thank you. Don Hubble for. N-y-j. Okay. Nichole Young is for. Doug Milton. Mulligan. Thank you. Susan Stanley for. Okay. Thank you. Bill Jordan for:, Mr. Borton, would you like to know if they are employees? When I call their name they can just nod or -- Borton: They can nod. That's fine. De Weerd: Okay. Matthew -- Matthew is for. Okay. Casey Nye for. Thank you., Christine Allen for. Canning.: Madam Mayor,. I don't think your -- the nods were appropriately registered a:. being employees, because Dean can't see them. De Weerd: Okay. Everyone I said since I made that statement has been employees„ How is that, Dean? I was noting it for the public record. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: Not to put too fine a point on it -- and while t agree with Joe, my interest would be the ones that actually speak. I don't mind if they signed up yes or no and they are an employee or not, but the ones that actually say something I would care to know. De Weerd: Thank you. Thank you.. If you will, please, state your name and address. Allen.: My name is Christine Allen and I live at 369 East Willow Creek Drive in Middleton, Idaho. De Weerd: Thank you. Allen: And pardon me for not addressing appropriately if I make a mistake. I'm new. De Weerd: We have atl been there. 1__J Meridian City Council April 10, 2007 Page 33 of 73 Allen: Prior to being an employee of Hubble Homes I was a customer first. I moved here from Arizona about a year and a half ago and I looked all over the valley. I'm originally from New Plymouth, Idaho. Was born and raised there.. I was born in Ontario and I have been gone for approximately 20 years and really desired to come back. I have looked around the valley and with -- my medium income is in the median rangE; that Mr. Hubble explained and I was not afforded to be able to buy something toward;> Boise area. So, I just would like to say that as a customer first before being are employee of Hubble, I really appreciate Hubble Homes offering me the choice to bE: able to afford something without being forced to pay for things. It was a nice relief to know that. Seeing things in California and in Arizona, the structural and architectural changes or additions -- you're potentially forced to, but coming back home and having ~~ man design something that allows you the freedom to have a piece of that American dream without having to pay for something structural so that you really have the four walls to raise your family in and to have your safety -- is very much appreciated and so I just would like to say that I am for this motion, that I would hope that you guys of thE: Council would consider -- come to some kind of a medium point with .everybody, so that we can allow people like me to maybe live closer and not drive those lengthy hours. And also., for the record, I'm not getting paid overtime. I have come here on my owri choice. Thank you. De Weerd: Thank you. Rountree: You should be. De Weerd.: Okay. The next two printing jobs I cannot read.. So, if I skip you -- well, actually, there is three. And even the fourth -- I think the last name is Litt or Lott. Litt%' And your first name was? Rick Litt. Okay. Everyone above Rick I will ask you to print next time. Okay. Ben Ash -- Ben something.. Ben Ashton. Thank you. He's an employee. He is for. And so was Mr. Litt. Okay. Josh Patrel is for. Thank you. Ari employee. Kevin Anderson for. Thank you. If you will, please, state your name and address for the record. Anderson: My name is Kevin Anderson. I live at 6310 Victory Lane in Melba. De Weerd: Thank you. Anderson: I have lived in -- De Weerd: Well, your time is not up. Anderson: I was born and raised here. I went to school with Mr. Cantrill's kids and Mr. Russell's kids also.. I have lived here my whole life. We didn't have affordable housing;. I have five boys. As the years have gone on to get more space for my family I have haci to keep moving out farther and farther and now I'm in Melba. I don't think that's right that a native person -- and I am an employee here of Hubble Homes, but I haven't always been an employee here at Hubble Homes. I have always been a builder in thE; • Meridian City Council April 10, 2007 Page 34 of 73 valley. My dad was a builder, as a matter of fact. So, I was raised that way. I know how it is to build homes. I got on board on purpose, because I see the value in these homes. I have worked for their competition also and several other builders in this valley. Right now I have been forced out -- out of town where I grew up. I went to higl-l school. I played with Mr. Bird. He was my coach. And it did -- it's not fair to me and my~ family that we are being pushed out of Meridian, because there is no affordable housing for my family. So, I'm here on my kids' point to try to talk for them. So, that's all I have to say. De Weerd: Thank you. Judy Peavey-Derr for. Peavey-Derr: I'm Judy Peavey-Derr. 701 Allen Street, Meridian. I do work for Hubble Homes and I'm not being paid overtime. And I don't think anybody here is being paid overtime. I would bet that they are here on their own free will. I just want to remind your all, Mayor and Council, of our commitment, as I was once a commissioner and we at the county put in, before I left office, over 200,000 dollars on a plan call Blueprint For Goodl Growth. That plan, which you also funded to I think the degree of 100,000 dollars, was; that not right? Fifty at a pop. Is sitting there waiting to be put to use -- be put into action. And part of the action is this: To get people to live and work in the same placE~ and as you heard tonight, many folks are being driven out further and further and further from their workplace and what we are seeing is more congestion on I-84 and more air• quality that's being -- going in the toilet, so to speak. We can make a change and a. difference in that tonight and I think we have an obligation to consider this project and approve it. Thank you. De Weerd: Thank you. Allen Derr is signed up for. He's not an employee, Dean.. Bui: he's married to one, I might add for the record. Okay. Shane Stevenson for. Stevenson: Madam Mayor and Members of the Council. My name is Shane Stevenson. I live at 119 Park Bend Way in Caldwell, Idaho. I am an employee ot` Hubble Homes. I stand before you to tell you today that Hubble Homes -- I do own a Hubble Home. I do live in a Hubble Home. I came and joined the Hubble Home team fresh out of school, having no money, being in debt up to my eyeballs and trying to gel: that first home loan. So, I know the importance of being able to spend your money in the place that you want to spend it and getting what you need as a new home buyer. Hubble Homes provided me with a home that I enjoy, but it's not in the area that I would hope to live in. My wife is a native of the area, grew up in the area, and always has had the desire to live back in Meridian where her grandfather -- her parents grew up. It is~ my goal some day to build enough equity and to move back into this area, but I would ask that the Council consider the things that have been presented tonight to help keep the cost of homes down in the area, so that people like myself, young, new families, new homes buyers, can move back into this area and we don't push all the new people to the far outskirts of the valley. Thank you. De Weerd: Thank you. Bill Hoss for. Okay. James Stewart for. Thank you... Brian Hawk. Pardon? Herr. Herb. Thank you. Brian Herb. Okay. John Calvert for. • • Meridian City Council April 10, 2007 Page 35 of 73 Calvert: I don't even know how to introduce myself. My name is John Calvert. I live at 9622 West Petina Drive, Boise, Idaho. I have no affiliation at all with Hubble .Homes.. My wife has no affiliation with Hubble Homes. I'm a real estate consultant with John L.. Scott. I also suffer from stage fright. I'm basically here tonight as -- not even as ~i personal favor, it was brought to my attention that -- that Hubble was trying to get this: development through and that it was somewhat of a difficult situation. I'm wondering if D could actually just have your opinions on what seems to be holding up the process, so D have a little more understanding before I start in on my sales pitch. De Weerd': Well, usually we ask you questions. Calvert: Okay. Excellent. To really get down to it, I -- I'm one of the real estate agent; -- one of the few that probably gives Hubble a little more hell if possible than anybody else. I fight them pretty hard tooth and nail in some of their business practices. My wife is a mortgage loan consultant that does not work for Wells Fargo, which is who they area associated with, and her business has been to a degree hurt by -- by their partnership with Hubble. However, with all that we are both owners of two Hubble Homes. We bought our properties -- the first one we had very little money and were just starting in our businesses and we bought a very small home in Charter Pointe Subdivision ins Boise, Idaho, and we got out of what we would consider kind of a dump and. there is a~ pride in ownership that happens for first time home buyers that I think Hubble Homes: offers. We bought our second home from Hubble about six months later. We realized) that if we didn't .purchase the second property by the end of 2005, we were not going to be able to afford a property large enough for a bigger family. Now we have another'. baby on the way, so we are going to have a family of four and we live in 3:,200 square feet and it's more than enough room for us and guests and everything else, We don't: plan on moving anytime soon. It's a good property. It's well built. Both properties thai: we bought we didn't put landscape packages in by Hubble, we actually did our own. li: took us longer than 90 days, but we got them in. I guess -- I guess one thing that I -- I want to say is I work in residential real estate and the people that I work with are not: what I would consider wealthy, they just -- they want to stay as close~to their office or' their place of business as possible and they are definitely being pushed away. They area being pushed to Kuna. They are being pushed to Nampa, Caldwell. There are things. .being said in the media by all -- not Kuna so much, but Nampa and Caldwell that -- that: make families not want to live there. Meridian is the center of the Treasure Valley and I think it's necessary to have some higher density property -- residential property, just to keep away from the sprawl, so -- De Weerd: Thank you. Okay. Penelope Riley. No indication of for or against. Jusi: discussion. Riley: Mayor, Members of the Council, Penelope Riley. I'm with Treasure Valley Engineers, 1204 6th Street North, Nampa, Idaho. De Weerd: Thank you. • Meridian City Council April 10, 2007 Page 36 of 73 Riley: And I'm going to go right to the kernel here. The combination of Anna's comments about what topics needed to still be discussed., as well as that bullet list that you had on the display screen, so -- we have duly noted that the density has beers changed where it abuts those neighboring parcels and I would like to thank Hubble for .making that happen. It was a good choice. One of the stub streets that's currently shown on the plan connects to the Fulcher's site and you can see it there about midway up. I have had discussions with ACHD and with the City of Meridian about the potential -- thank you. The potential of deleting the stub street. At this point in time I don't thinF; it's possible. ACHD won't .allow us to, unless we had some kind of application pending that could lock in use of the Fulcher parcel in the future and would assure them that wE: wouldn't have some kind of random action going on on that parcel that would causE~ conflict with this larger parcel. So, we'd like to leave that there. We'd like to thanN; Hubble for providing access to Scott Fulcher's parcel. We'd like to ask for a third ones. And it doesn't need to be a road, a driveway is quite acceptable. But there is a third family member, Russ Fulcher, whose parcel is right in this area. So, he's not connected to Scott and he's not connected to Mr. or Mrs. Fulcher. So, I would be happy to worN; with Hubble Homes to put some kind of a driveway in that would give Russ Fulcher ~i formal access to his home located -- we are going to run into problems with Eagle Roacl access. Scott has Eagle Road access. Mr. and Mrs. Fulcher have Eagle Roacl access. Having worked at ACHD, I understand you start having conflicts when you get too many driveway accesses too close. .Providing Russ with an access through thE: subdivision would eliminate any kind of immediate access problems. I'm going to movE: along real quickly. Sewer and water -- there is parcel that Hubble Homes is workincl with or Providence Development -- actually extends to the north boundary of the Teri Mile drain 'and the Fulchers would like storm water stubbed to the literal property boundary on the north side of the Ten Mile Drain. There is a couple reasons for that. If, for example, they are a little slow making their mind up about how they want to develo~- and ACHD decides to shift some funds and do Eagle Road work more quickly than everyone anticipated, all of a sudden we have a moratorium on cutting Eagle Road and the Fulchers are not able to access to sewer and water. So, if it's provided to them across the drain to their property boundary, we no longer have a problem with them being boxed in. I have a couple more items. May t move forward? De Weerd: Are you the spokesperson for the -- Riley: I can take Scott's time. Okay. Next item. The vinyl fence -- the Fulchers havE: requested that I speak to you about providing a privacy fence, something like a no seE: through vinyl fence.. It would run as close as possible to the Fulchers southwest property boundary all the way down to where Scott Fulcher's parcel is across the ditcf•i and down around his parcel, providing -- De Weerd: Please use the -- Riley: Yes, ma'am. It requires glasses. The privacy fence we'd like to see all along thi;~ boundary and, then, obviously, we can't fence across the drain, but the privacy fencE: • Meridian City Council April T0, 2007 Page 37 of 73 would also provide Mr. Scott Fulcher with some protection from his neighbors, his new -- and a little bit more high density neighbors. The next thing I'd like to talk about is thE: pathway. I was listening to Kent talk about the fact that the pathway crosses Meridian property and, then., it goes into the county and, then, it's back in Meridian. So, we havE: decided to request City Council to allow that pathway to remain as it's currently shown on the most recent site plan and -- which means that the pathway that connects this: drain -- this greenway path to Eagle Road skirts Scott Fulcher's site as it's been shown;, more often than not, I think over time. And., then, just as a final comment -- Zaremba: I'm sorry, I didn't follow that. Riley: Oh, sorry. Zaremba: Use the pointer and tell me where you want it to be. Riley: Sure. Most of the time the connection of this greenway path to North Meridians Road has been a topic of discussion. As it's shown now, the pathway skirts Scotli Fulcher's site to the west and to the south. We'd like it to remain that way. There wasp some discussion about doing a property swap and giving the applicant in this instance an additional 20 foot swath next to the drain, doing a property swap for Scott for additional property to the south. Mr. Fulcher has decided -- Mr. Fulcher has decided) that he would like this pathway to remain at it's location, which is skirting his property to the west and to the south, instead of running along the drain.. Is that clear? Do I need to -- Zaremba: Thank you.. I understood it that time. Riley: And, finally, just a general comment. When you have a small parcel like this. abutting a large parcel that has a very concentrated design and there is a lot of things: going on there, it's very easy for the small parcel to get impacted in such a way that ii: becomes virtually unusable. That was our original concern with the stub street that's: shown that we are going to leave -- part of it has to do with how it's screened., how wee can use it. Most of the Fulcher's site's in the floodway, so we already have sitE~ constraints we need to deal with. So, I encourage you, respectfully, to look out for they Fulchers and make sure that whenever happens below them and to the side of them doesn't generate a hardship, whether it's intended or not, that would destroy their ability to use their parcel in the future. And I would stand for questions. De Weerd: Thank you. Council, any questions? Bird: I have none. Canning..: Madam Mayor? De Weerd: Mr. Zaremba. • Meridian City Council April 10, 2007 Page 38 of 73 Canning: May I ask for clarification on the vinyl fencing. I resorted -- or went back to the former concept plan, Penelope, as shown behind you. Riley: Uh-huh. Canning: And their property line is on the north side of the canal there. Now, did you want the fence on the back of the lots or at the property line? Is that -- which were you asking. for? Riley: I believe that they would prefer that the vinyl fencing be located on their property -- on their property line, which means on the north side of the drain. Canning: Okay. Thank you. De Weerd: Thank you. Zaremba: I'm sorry. Madam Mayor. Isn't the property line usually the center of the waterway? Riley: In this instance it is not. Zaremba: It's not? Riley: Councilman. It, actually, is located on the north side of the drain. Zaremba: Okay. Thank you. Riley: Thank you. De Weerd: Okay. Russ Fulcher. Fulcher: Madam Mayor, Members of the City Council, my name is Russ Fulcher. 4035 South Linder Road, Meridian. And as Penelope just outlined, our family has thE~ property that is along this boundary right here, so we are arguably the most impacted oi` anyone as a result of this development, and as also mentioned earlier, I had some written testimony earlier -- or on March 27. I'm not going to regurgitate that. There were two primary points that I pointed out there that had to do with compatibility, just: long term fit with the Meridian plan that I was concerned about, but I wanted to makE~ one comment on previous testimony. Mr. Brown .had -- and Mr. Hubble both had' indicated how pleased they were with the flexibility that they have exhibited this far. That may be true for agencies. I can tell you my perception as a neighbor is that was not true. There was no flexibility until March 27 when things didn't go quite as well as; they wanted it to go. So, I thank you for that -- that particular meeting and I think there is probably some flexibility now. But there was not earlier. We were feeling pretty pressured. In fact., we are as a family feeling quite pressured over this and we debated) internally a long time what to do, shall we try to opposed it, shall we try to corroborate. Meridian City Council April Y0, 2007 Page 39 of 73 For a lot of reasons we decided that opposing it' wasn't the right idea: If we were in thE; reverse situation we wouldn't appreciate that. So, I'm not standing here in opposition. I am standing here in the spirit of corroboration. But as Penelope pointed out, I want to make it clear for the record that our actions are reactions and the reason they arE; reactions is we didn't have any .intent on doing anything with this property until thi:> started happening around us. When this started happening around us, we were forced into a situation of trying to identify ways that we could try to protect our property valuE; and our usability. So, with the comments and the request that Penelope offered, that':> the spirit of where that's coming from. The intent there is to try to -- we don't exactly know what we want to do. We are trying. to lay the groundwork now, because we feel it needs to be laid now to provide and maintain usability for something in the future. So, that's the reasons for those requests. Penelope did a fine job in doing that. I, for one, don't believe that you have to be the ones who mandate that. I would be willing to sit down with Mr. Hubble, Mr. Brown, or whomever on their staff, and negotiate those finE; points, as long as I know I have a partner that will negotiate with me. I haven't had that to date. Obviously, I will submit to your ruling on how to accommodate that, but I just throw that out for your consideration. Madam Mayor, Members of the City Council; that's really all I had to share with you. And it's more on a personal level. I do thanEc you for your service. I have a little bit of feel for what you're going through. I woulii stand for questions. De Weerd: Okay. Thank you.. Barbara Fulcher. Okay. Scott Fulcher gave hi;~ testimony over. And Tom Sylvester. Sylvester: Madam Mayor, Members of the Council, my name is Tom Sylvester. Self- employed. Office 12060 Executive Drive in Boise. I didn't put down whether I was for or against this this evening. I wanted to see what Hubble came with tonight, as far as -- and lalso didn't think that when we left this March 27th meeting that this was approved with the fine details needed to be worked out. When we left the meeting on the 27th, Mr. Brown said in that meeting that they could have the landscaping and the wind fences in place at closing. On the memo to the Mayor and City Council of April 10th, they agreed to the wing fences, the landscaping, and the architectural accents. Tonight when they come before you they don't want to do any of this. They say that 4,00() dollars in landscaping and fence, they would include in the house, but, then, they also say that they would be able to put it together in 90 days. Why is that not being included in the house. It can be put in escrow, it can be -- it has to be done when the house i;~ .put together. If it doesn't get done when the house is -- upon closing, it doesn't get done. Even with the additional dollars I still believe that this house is the lowest cost house in the area. I drove through this area the other day and I started out at Overland Road and drove through some of the subdivisions that are there currently. You have; got Sportsman's Place, Meridian Greens, Observation Pointe, the Tuscany developments. I don't think Meridian needs this project. I don't think that we need to have it the way that it is now, the way that it's been put forth, and I don't think that if wc: have some of these basic minimum things established before they break ground out there, then, the horse is out of the barn and there is no way to get it back in. I think that the cooperation tonight has not been that great, that it's we want to do it the way wc: Meridian City Council April 10, 2007 Page 40 of 73 want to do it, without these additions, and our CC&Rs will take care of the rest. And I don't have a lot of confidence in that. And I would like to see the Council restrain this project until some of those things are satisfied. That's all I have. De Weerd.: Okay. Thank you. Those are the names that were signed up on the list. If there is anyone who would like to provide testimony, you're invited to come forward. Okay. Thank you. Okay. Council, any further information needed from staff before wE~ ask the applicant for their wrap-up remarks? Rountree: I have none. De Weerd: Okay. Brown: For the record., Kent Brown, 1500 East Iron Eagle. De Weerd: Thank you.. Brown: I think the things that I can most easily speak to -- 'Don Cantrill made 2i comment about the southerly boundary and whether there is a berm or -- we have 20 feet of landscaping proposed in there and we can -- our landscape plan does show trees along there. We haven't showed it bermed at this point. We have our irrigation pump station that's in this corner and -- but we are proposing to landscape all alongi there. That's one of the pathways that we are proposing. We have over 5,.000 linear feet of pathway that runs through this project and that's just a part of it. I think that --~ that was his biggest concern -- his biggest question that he had. The letter that was. submitted that had the 90 days, Hubble has felt that they have looked at the market and have looked at what's going on and want to stand by what Mr. Hubble told you this; evening. I think that that, basically, covers most of the questions. The Fulchers ask for -- through their -- Penelope Riley spoke about putting a vinyl fence on the north side oi` the ditch.. I don't know if I'm far enough out of the Nampa-Meridian easement to be able to put that kind of fence. Nampa-Meridian likes burning their facilities to maintain them. They generally like something that's fire proof with regards to that. We were proposing to fence the back of the lots. Your ordinance was having a pathway there, likes the four foot and, then, the see through on the top or a wrought iron in those locations. We were intent on complying with that portion of your ordinance. The driveway for Russ. Fulcher's piece -- Russ has his brother to the south of him and his parents to the north of him on his property. It seems rather difficult to pint another pipe crossing across they ditch to be able to provide that driveway for that. I think it's one and a half or -- it's over an acre in size parcel that he has. And so we can't question whether that that's they easiest way to do that when you're on the north side of the ditch, if you had across-~ access easement, with his parents, that will be allowed an access point, plus the stub street that's being provided, felt that that adequately addresses that. I believe that that'S~ all the issues, unless you had some more questions for me. De Weerd: Okay. Council, questions for the applicant? Yes, Mr. Rountree. • • Meridian City Council April 10, 2007 Page 41 of 73 Rountree: Madam Mayor. I think your initial testimony was an indication that the stuk~ street to the Fulcher property was kind of up in the air and we have heard from their representative that it's okay where it is. I guess I just need some confirmation that thE: applicant's okay with that. Brown: We are definitely okay. We are -- that was a condition of approval from ACMCi and we are okay with that requirement. Rountree: An additional question. There was comment about stubbing in sewer and water to the adjacent property. Brown: I don't have any issues with that. The only question I have is if that's -- with regards to the plan. The sewer is also -- Anna, do you have an overall -- Canning: How about that? Brown: That works. We have Ten Mile Creek that runs here. Sewer for us is planned to come through the White Bark property, down Amity Road, and through this property: There is also a sewer being stubbed here from Messina Meadows that is supposed to go this direction and over in here. That would be my only difficulty in saying, yeah, I'll! provide them with sewer. It's -- we will follow the master plan and providing the sewer is. as deep as we can go to that point, but I'm not sure if necessarily along Eagle Road ii` that is going to provide them with the depth. The depth that the city has given us is that: our entrance street somewhere in here, that we had to be a certain depth and so everything goes back uphill -- or downhill from there. Rountree: Comment on the comment made about the pathway skirting the Scott: Fulcher property as originally proposed. . Brown: That's agreeable also. Rountree: And summarize, if you can, what you proposed to do to comply with the perimeter fencing. Brown: The landscape plan has on it that we are proposing a vinyl fence onto that -- Rountree: It's not a moving picture. Brown: And my hand shakes that much anyway, so -- we have perimeter fence as required by Meridian on all our boundaries and, for example, around the Fulcher home, Scott Fulcher, we would have a solid fence. We have to have asee-through fence along the pathway. VVe have to have a see through fence along a pathway that we would have along our southerly boundary. We have to have see through fences -- this long pathway that we have here, another 3,600 feet, we have to have see through fence next to it, according to your ordinance with all of the connections, too. • Meridian City Council April 10, 2007 Page 42 of 73 De Weerd: Kent, did you talk to Mr. Cantrill -- I understand that fence on the south side will be shared with cattle. Have you talked with him about the type of fencing? Brown: The fence would be at the back of the lots and there is an existing wire fence:, but we can definitely talk to him if there are any issues with regards to removing they existing fence, but I can't see any. De Weerd: Okay. So, it would be on the back side of the lots and not on the other side of the pathway? Brown.: That is correct. There is existing wire fences that run along our property line boundary. I think your ordinance doesn't even allow us to have those kind of fences in the city. We would have a vinyl with the see through along the back of the lots. And, then, we have the connection with the micropath, the street -- the street is -- the only access is to that pathway. Zaremba: Madam Mayor, just to clarify. The two fences would not be right againsi: each other, there is like a 20 foot landscape buffer between -- Brown: There is a 20 foot landscaping in between them, yes. De Weerd: A path. Zaremba: A path. Brown.: It ends up being the same issue with regards to the Fulchers asking for a fence on .the .property line on the -- basically on the other side of the ditch. Our people aren't. going to be on that other side of the Ten Mile Creek at the property line. It very easily could have been in the middle of the ditch, as Commissioner Zaremba said, but this is where this parcel line is drawn. De Weerd: Okay. Since Anna's not here, Mr. Nary, maybe you can answer it. How have we done this in the past where you have lots lines and, then, a pathway, where does the city generally prefer the fence? Is it on the property line or -- you know, that's my recollection. Nary: Madam Mayor, Members of the Council, I believe that is what,our requirement normally is is that it -- if it is on the property boundary, as Mr. Brown stated, that's why we have that requirement the fence only needs to be visible through it or no more than four feet high along those pathways. But it's normally on their property boundary. Brown: I guess I didn't quite follow that, because in some cases that property boundary runs down the center of the ditch.. I know along the same Ten Mile Creek we had the property on both sides and we only fenced the back of the lot and sense. This isn't: really anything different than we do normally. We don't normally fence on the other side. • • Meridian City Council April 10, 2007 Page 43 of 73 Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Now you got me confused. Brown: I didn't mean to do that, Mr. Bird. Bird: Where does the people's property line stop? It don't go onto the pathway. Brown: No, it doesn't. Bird: Their lot is there, so that's where the fence is. Brown: Right. At the back of the lot. Bird: You don't. enclose -- Brown.: The common area. Bird: -- the common area. Am I right? Brown..: Right. Bird.: Is that what you said? Nary: Yeah. Bird: Oh, I misunderstood you. I'm sorry. I thought you said we was going to close it ins and I'm going -- Brown: I`m glad that I wasn't the only one that was confusing it. De Weerd: Okay. Questions for the applicant. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I have got an amenity question. I don't know if Mr. Hubble or who wants to take it. With regards to the amenities and landscaping and -- Brown: The amenities for the subdivision or the amenities for the homes? Borton: For the homes. • Meridian City Council April 10, 2007 Page 44 of 73 Brown: That's probably him. Borton: Okay. Fair enough. Rountree: Good choice. De Weerd: If you will., please, state your name for the record. Hubble: Don Hubble. Hubble Homes. Borton: Don,, I'm looking at my notes and what I think I heard you say -- Madam Mayor, I've just got a couple of questions on this -- is that your request is that the particular amenities., architectural, landscaping, fencing with regards to the homes, be imposed) through CC&Rs, as opposed through this process tonight? Hubble: Now, the wing fences and the landscaping, we will do that through CC&Rs anol other means. Borton: Okay. And you indicated that would save approximately 4,000 dollars in thE~ affordability I think you -- Hubble: Roughly 2.,400 dollars. Between the front yard landscaping and the wing fences. Borton: Okay. The problem that I have got -- and help me through this -- is your acknowledge that the landscaping and that fencing is an important amenity for thE~ subdivision., would you agree with that? Hubble: Oh, absolutely. Borton: The problem that I have got is on the front end you're selling a home to arii individual at a somewhat more affordable price, 2,500 dollars or so less, only, then, a~~ soon as they are in the home, they now have to incur that exact same expense that they were saving to their own homeowners association, assuming the homeowners, association had the available funds to front it, if that homeowner doesn't do it. So, if II buy the home, I' don't put in the landscaping and the side fence, assuming they association has the funds to, then, spend 2,500 dollars to landscape and fence my property, L, then., now owe that -- or I'm at least going to get liened to the association for that same sum, so as a homeowner it's a net wash to me. So, then, why not imposE that admittedly valuable amenity on the front end? Hubble: Well., if the homeowner installs it themselves a lot of times sweat equity will) offset a big .part of that expense. They can save, you know,. substantial money. Ancl they might want to design their own landscaping their own way. We sell packages than Meridian City Council • `~ April 10, 2007 Page 45 of 73 are pretty darn standardized and look the same right down the street. So, they could probably install that themselves for a much reduced price. Borton: And the architectural amenities through CC&Rs as well, at least what Ihave -- I think I'm reading on your response. Is that how that would be? Hubble: We are asking for the allowance to make any architectural features an option for the home buyer. To not make any requirements. Borton.: Okay. Hubble: But they would need to be installed at the time we construct the house. Borton: Should they elect to do so. Hubble: Yes. Borton.: Okay. Okay. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I guess just clarification on that point, since the discussion has been about i~ development agreement. The report that was submitted, then, from Hubble Homes, including those types of architectural or design amenities that you were suggesting a~ part of the development agreement, what you're saying tonight in your testimony is you don't -- you're recanting -- you`re withdrawing that recommendation. Hubble: That's correct. Nary: Okay. Hubble: I'd like to withdraw. Nary: Okay. De Weerd: Any further questions for the applicant? Hearing none, any other staff comments? If there is nothing further, Council, do you want to close the Public; Hearing? Canning: Madam Mayor, since there is a pause, I did want to just clarify one thing.. Ire my earlier presentation I didn't mean to imply that staff was opposed to the stub street tc~ the Fulcher property. We are in favor of that stub street to the Fulcher property. Meridian City Council • April tl), 2007 Page 46 of 73 De Weerd.: Kent, I guess I do have a question. And I don't know if it's for you or Mr. Hubble. And you have been around long enough in the planning arena. In the north Meridian area, as development started to occur up there, we had an open-ended finding in regards to recommendations or what might come in response to transportation related issues and the pressures of the traffic and the need for an even -- an evenly applied impact on the developments that impact the roads. Right now, as Judy Peavey-~ Derr had mentioned, we are going through a Blueprint For Good Growth and they arE looking at adequate public facilities. As Ada County Highway District had mentioned;, this is approved, but they have not completed their adequate public facility plan andl these roads are not on the five year plan and I don't even know -- were they on the --~ they were on the CIP. They were on the CIP. Are they on the CIP? Canning: Madam Mayor, I don't have that CIP memorized, but Christie Richardson is; here and she may have a copy of that document available. De Weerd: Are those roads on the CIP? Brown.: I don't believe so. De Weerd: Okay. That is -- Brown: I think that that was the testimony of Christie last time. De Weerd.: I believe so, too. That is the crux of my concern.. That CIP is a long range plan and it's not on five year, nor is it on the CIP. So, the concern I have is what do we do with the roads on there? We heard Mr. Cantrill talk about seven minutes and now it's 20 and we are not just dealing with traffic from our development, we are dealing with traffic from everyone else's as well and in testimony our great central location bears some of the cost of that. In the north Meridian plan we had an open-ended finding that said that that development would agree to any of the recommendations that were relative to developing roads in that area specific. Would you consider an open-ended finding that we would ask you to come back once those recommendations are approved through Ada County Highway District and in a recommendation of how to respond to that adequate public facilities question? Brown.: I guess I don't know how to answer -- all the gray hair and everything doesn't really give me an understanding of how to address that request. De Weerd: My concern is this is 644 homes on -- pouring out onto a road that is not on a capital improve plan. Brown: Right. De Weerd: And you have a seven year build out plan on this. Browne: Right. Meridian City Council • • April 10, 2007 Page 47 of 73 De Weerd: I do not know how those roads will accommodate those numbers when it';> not even on a capital improvement plan. Brown: And I think you recall Christie's testimony that what they did find is that it still doesn't meet the warrants, even with all of the projects. So, what the highway district did is they held us up to require new traffic counts, so they are current and, then, took all of fhe projects approved, not built, approved and built, that are between here and the interstate and we were still under those warrants. De Weerd: And, Kent, I understand that and it is testimony on there, but we all know what the cumulative effect is and in their model they even have recognized is not yet perfect either. It's trying to find those cumulative impacts and it is trying to fairly apply the improvement needs across the board, instead of the first one in gets out of most of the requirements, the last one in gets hit with all of them. And that's what this adequate public facilities plan is supposed to do ideally. In the ideal world. I know we don't know what that is and, you know, in my opinion if we can't find some resolution, then., this is premature, because right now those roads are not set to be improved and that is only my comment and I don't get to vote unless they tie, so for what it's worth that is my concern.. Brown: Don., do you want to address that? I don't know that -- Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: I guess just to muddy the water a little bit before Mr. Hubble answers whether or not he would be willing to do that, that if you recall, Madam Mayor, when we had those discussions with north Meridian a couple of years into that, we had the same discussion with the planning staff on how do we enforce that, how do we track that, how do we exactly tell all of these developers in these development agreements the bell has rung, now you have to amend your development agreement and that's the only thing I'm fearful of in creating an open-ended development agreement like that is the tracking from the planning staff to the legal department is going to be awfully difficult to identify specifically at what point do all of those conditions become active and all of those people need to be notified. The development agreement is to be amended and they are now subject to those conditions. I'm just afraid that .it's going to be problematic for us to enforce that, although that does seem to be a logical way to resolve the issues as the future developments of those roadways I'm not certain where we are going to be able to enforce that. De Weerd.: Well -- and I appreciate that, Mr. Nary. It's almost the piece of conversation I wanted to place on the table, then., is either you put something like that in or you say this is premature, just like we have in any application that comes in in our area of impact that we have not yet decided on. We have put money -- public money into this plan and Meridian City Council • April 10, 2007 Page 48 of 73 we put it there because we have a transportation issue that there is no solution in sight right now and we committed money to that document for these very reasons. And so I was looking for opportunities to maybe provide an option before we say this needs to be delayed until a decision is made., because this has a huge impact and 644 homes, in my opinion, we cannot take lightly. So, maybe I've said enough. Mr. Hubble, that maybe you want to comment. Hubble: Madam Mayor, Don Hubble, for the record. This is very similar to a situation we had with our Charter Pointe where the CIP had not been extended out to that point yet and our offer at that point was that we would provide enough money to help make some road improvements if, in fact, they didn't get the C1P. What we could offer right now is that we will work hard with the highway district to make sure that this is included., so that the impact fees that are paid here go to improve that part of the roadway when it's time. This is kind of a last minute thing that had just come through tonight. We weren't aware of that, because the traffic study didn't point out that we had a problem there, but I guess I could assure you that we will do everything we can to have that included and if we need to be a bigger part of the solution, we are willing to do that once we know what it is. De Weerd: Okay. Well, I did mention it two weeks ago, that that is a concern of mine and I did ask one of the Commissioners what is the time frame on this and how can we work together, because we are going to start seeing more of this and we need to have an answer to that as many times as I get beat up on transportation and we don't have too much that we can do in that realm., we do have an obligation to make sure that Ada County Highway District and.this valley have a mechanism to make sure that growth pays for the needed infrastructure and I'm sure everyone in this room drives on those roads and it affects the -- even salability of some of these developments. So, I will try and get off my soap box, but I'm it so many times, because it's the only way I can get road improvements that it's hard to step off of my soap box. Hubble: Well, we understand and we want to be part of that solution. I don't want to stand here today and make a commitment for a lot of money until we understand what options are available to us. De Weerd: And we don't know what those are. Hubble: Right. I can commit to you that we will work in ernest to try and resolve that with the highway district and with anybody else. And if funding is necessary, we could ,probably incorporate something in the later part of our development that we could fund improvements that will finish off our development and make sure that we are paying our share. De Weerd: Thank you. Okay. I thought I'd make those comments before I asked if you wanted to close the Public Hearing. Rountree: Thank you. Meridian City Council • • April 10, 2007 Page 49 of 73 De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I would comment that among other concerns expressed, I certainly share that concern with you. Listening to the public testimony, unfortunately, I agree with everybody. The difficulty is that, you know, everybody makes a good point and it's easy to see everybody's point. Some of the points don't agree with each other and that's our struggle is to kind of sort that out. But the point that the Mayor makes is ACHD is in a difficult position at the moment. They are putting increasing amounts of their budget into maintaining 40 to 50 new miles of road every year. So, their maintenance budget goes up. What they have left over to build new lanes is actually diminishing, because of some things that happened several years ago in the legislature on impact fees collected only pay about 40 percent of what it actually takes them to rebuild a roadway that the impact fee was collected for, which means in the foreseeable future, unless there is changes in ACHD's funding, they will continue to slip farther and farther behind. And putting my own interpretation on the point that the Mayor was making, Meridian already has deficits that we need ACHD to be addressing. To add another one is difficult. Now, there are things that ACHD is discussing similar to Meridian's Public Works as sewer and wastewater treatment projects where we are funding in advance big projects and, then, we charge latecomer fees to hook up -- for people to hook up to a system that has already been built. ACRD is considering something similar to the -- I believe they are called limited improvement districts, LIDs, that they would manage separate from their impact fees ordinance, whereas in this case the developer would actually be required to make all of the improvements to Eagle that would be needed and, then, be paid back as other people tried to access Eagle.. They have not, I believe at this point, codified that or made it their ordinance. I can see in the long run our Comprehensive Plan envisions that this kind of a development will happen in this area. The Comprehensive Plan doesn't insist that it happen today and I can see that there would be use for this. I mean we need the variety of housing in Meridian.. I do feel, should we come to this, that whether you call them starter homes or affordable housing, people still need to have pride in their neighborhood and should this go forward I certainly stick with the front landscaping being in and the wing fences and a minimum of ten percent architectural brick, stone, whatever. With the purchaser having the option to make that 20 percent or 30 percent, but not having the option to say no. But, then, it gets back to the point of can we put that many residences on a street that already is suffering and we don't see in the near future a quick solution for it and I share the same concern that you do, that I think this is premature as well. I can see that at sometime in the future this is probably exactly what will go there.. But I feel it's premature as well. De Weerd: Thank you. Council? Rountree: I'll save my discussion until after a motion is made. • Meridian City Council April t0, 2007 Page 50 of 73 De Weerd: Okay. Are you making a motion to close the Public Hearing? Rountree: Madam Mayor, I move that we close the Public Hearing on Items 9 and 10, Blackrock Castle Green Subdivision. Bird.: Second. De Weerd: Okay. I have a motion and a second to close the public hearings on Items 9 and 10. All those in favor say aye. All ayes. Motion carries. MOTION CARRfED: ALL AYES. De Weerd: Discussion? Rountree: Madam Mayor? De Weerd: Mr. Rountree.. Rountree: I, too, tend to agree with your comments about transportation., but my comments will be more towards some things that I heard from the public. I, too, a long time ago -- I would say when I had jet black hair, but I never had jet black hair. I was a recipient of an opportunity to get into affordable housing and it was important and it brought me to Meridian. Having said that, I heard other things like allow buyers to have choices and trust us. And it's the particular trust us comment -- and no disrespect to the maker of the comment, but that's why we are struggling here this evening. We have been the recipient of a lot of trust us and the recipient of a lot of things that just flat didn't turn out. We sat through one this evening.. It's going to cost somebody in a subdivision at some future point in time a bunch of money to do something that the developer should have done. I made a number of comments at the last hearing. I don't see that my comments will change at this point. I actually see, instead of making progress, that we have gone backwards. I support the opportunity for choices., but I firmly believe that we have to have some guidelines and some effort on the part of the applicant to enter into those guidelines, particularly on a development of this size. We have had recently developers agree to in their development agreement that they will prepare design guidelines on or about guidelines that we have established in the city's UDC and further address comments that were received during the Public Hearing on design details. Again, my concern is that we have had two hearings, we have had a fair amount of testimony, we have had 20 minutes to think about it, a decision on this particular application will rest on the shoulders of future city providers and city councils for the next 50 plus years. It's large. It wants to go forward with, essentially, no requirements. Comments made previously about willingness to do certain things have been retracted. The bottom line is it never came out of my category that I'm not in that big of a hurry to annex land into the City of Meridian and that's my canned statement. At some point in time the infrastructure might be in place for transportation to accommodate it. The city's desire to be in this area with this kind of development might be there, but my choice • • Meridian City Council April 10, 2007 Page 51 of 73 probably this evening at this point, having heard what I have heard, would not be to support annexation. That gets, again, to choices and that's a choice that the city has, whether or not to annex, not whether or not fhe housing is right, not whether or not the design is right, but whether or not to annex and bring a development into the community. And at this point I'm not willing to do that. De Weerd: Thank you.. Any other comments from Council? If not, do I have a motion? And I'm .not in that big a hurry right now, but, you know, if you want to do something tonight -- Rountree: The second hand is not moving on the clock, so -- Madam Mayor, I would move that we deny the annexation request for Item -- is it eight? Nine. Item 9, AZ 06- 059. Zaremba: Second. De Weerd: Okay. I have a motion and a second to deny Item 9. Discussion? If there is no discussion, Mr. Berg.. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: You know, to me -- and it's just strictly my own personal thoughts. As we worry we get on the soap box about annexing it and worrying about the traffic and, then, we go to the county and try to apply for more impact area south down there so we can take that in. To me we are talking out of two sides of our face on doing that. I don't know how you can =- I think we need to -- if you're so worried about that, we start -- we need to start having impact fees on the owners that sell this property to start with. They are the ones that are taking the 1.,500 dollar an acre that they have paid for and selling it for up to a couple hundred thousand and, then., them and the developers both can pay and we get double impact fees. I don't know what the solution is. But if we -- if we do not want to annex this, then, we better take a look at what we have annexed in the last month out in that area. I don't like growth any better than anybody else. I have probably drove in this valley longer than anybody -- than you guys have. I used to drive to Boise and Nampa and maybe meeting three cars on the old highway. Didn't even have the freeway in. I don't like it any better, but, you know, it comes with it and if we don't have -- if we don't want growth, then., let's put a moratorium on it period and stop it. But if we are not going to do that, which I'm not in favor of, then, we got to be sensible on the deal. I'm a little disappointed that we had some things that was promised last week got backed down on us. But as far as the development, I'm not against it. De Weerd: Mr. Bird, I guess I would like to comment on that. I don't think anyone has said that we are against growth,. I think you can see that over time we have had our share, but we entered into a study, as was pointed out by one of the people testimony -- testifying and we have committed to that study. We are committed to that study and the • Meridian City Council April 10, 2007 Page 52 of 73 reason the City of Meridian entered that study was;for adequate public facilities and how we are going to address how we pay for th;e needed infrastructure to support development. And that is all I'm saying. I'm not saying not today or not tomorrow, but I'm saying we need the tools to address this and that's the commitment we made when we put dollars into that study. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If I could get a rebuttal on that. De Weerd: I don't have to recognize you. Anyone else? No. Go ahead. Bird.: Yeah. I'm just talk. You know that. The problem is I don't think anybody has adopted that study. And, you know, we seem to have a whole bunch of studies, but we never -- we never implement them. We spend a lot of taxpayer dollars -- we have had three downtown studies in downtown Meridian traffic studies. I haven't seen a thing implemented.. De Weerd: Well, you finally adopted it, Mr. Bird. Bird; What? De Weerd: The study. Bird: The Blueprint? De Weerd: No. The study you just referred to. Bird: Well, yeah, after the third time and eight years later, but -- so, you know, I'm not -- to be truthful, I'm probably not going to be in favor of that Blueprint For Good Growth. I don't know. We will see. But that's my theory on studies. De Weerd: Thank you. Okay. We do have a motion on the table. Is there anymore discussion? Mr. Berg, will you, please, call roll. Roll-Call: Bird, nay; Rountree, yea; Zaremba, yea;; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Okay. Item 10 is -- Mr. Nary, we still need some type of motion; is that correct? Nary: Yes, we do. • Meridian City council April 10, 2007 Page 53 of 73 De Weerd: Okay. Okay. Item 10. Council? Rountree: Madam Mayor, I move that we deny Item 10, PP 06-059. Zaremba: Second. De Weerd: Okay. I have a motion and a second to deny Item 10. Discussion? Mr. Berg, will you call roll. Roll-Call: Bird, nay; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Okay. Thank you. Items 11 and 12 -- Council, do you want to take a five minute -- I'm going to call a five minute .break now. (Recess.) Item 1.1: Public Hearing: MFP 07-002 Request to Modify site specific requirements #12 and #13 of the Sond Final Plat for Sond Subdivision by Dimension Properties - 1155 and 1123 North Black Cat Road: Item 12: Public Hearing.: VAR 07-004 Request for a Variance to UDC 11-2A-5 to temporarily allow existing buildings to encroach into the required setbacks for Sond Subdivision (Lot 4, Block 1 and Lots 3 and 4, Block 3) by Dimension Properties - 1155 and 1123 North Black Cat Road: De Weerd: I will reconvene this meeting. I'm sorry, we had to take a break, so -- or I did. Items 11 and 12 are public hearings on MFP 07-002 and VAR 07-004. I will open these two public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the Sond project. The Sond Modification.. It is located west of North Black Cat Road and south of Cherry Lane. Shown here. The applications before you tonight are a modification of the final plat and the variance. The applicant is requesting to modify two approved final plat site specific requirements to allow two existing residences on the site to temporarily remain while the applicant builds two new homes on different lots within the subdivision. Final plat site specific requirements numbers 12 and 13 will not allow the city engineers to sign the plat for this subdivision until all buildings that do not meet setback requirements are removed. The two existing homes on this property do not meet the R-4 setbacks and actually encroach into the proposed lot. They are kind of shown here and, then, these two little diagrams show it more clearly. The applicant is also required to pay for assessment fees and hook up costs to city services for any existing buildings that are to remain.. Associated with these requested modifications to the approved final plat, the applicant is also requesting a variance to temporarily allow two existing homes to encroach into the required setbacks for the R-4 zone. The applicant has stated that Meridian City Council • April 10, 2007 Page 54 of 73 these requests are only temporary in nature and'that once they are able to construct new homes on other lots within the subdivision., that the existing homes will be completely removed as required. This wasn't covered in the staff report, but, please, note I'm not aware of a variance ever being temporary in nature. Generally variances, by definition, run with the land. So; I'm not sure how we achieve a temporary variance. At this time the applicant is unable to begin construction on the new homes, because the plat has not yet recorded and that's because the city engineer can't sign it. So, it's kind of a circle we have got going here. So, the outstanding issues before Council -- staff has recommended denial of these modifications. If the Council decides to move forward., though, there are a number of specific things that need to be addressed.. One would be restricting the number of building permits released on the site to two until the existing homes are removed. Setting a one year time limit for the complete removal of the existing homes and any other buildings that span across the property line. Not dedicating public utility drainage and irrigation easements on the lot lines being spanned by the existing homes. Then, prior to the release of the remaining building lot, submitting a recorded document showing the remaining easements being dedicated. Requiring surety for the removal of the wells and septic systems and requiring that they be removed prior issuance of the remaining building permits. And allowing for the applicant to occupy the two new homes prior the completion of all the required landscaping for the subdivision, which cannot be completed until the old homes are removed.. But restricting the occupancy of anymore homes until the required landscaping improvements are complete. And, finally, requiring the applicant to post a surety for the removal of the old homes. Your cheat sheet notes a couple of other ones in bold, but I have worked with Christie and those issues are resolved and they were not in the original staff report, but they are okay. We figured them out. There has been no additional written testimony since the staff report. The reason staff recommended denial of these applications is not because we didn't empathize with the plight of the owners and their desire to just temporarily remain in their homes, but just the mechanics of trying to accomplish both requests and just the -- you can tell by the list of things that still need to be addressed, if Council decides to move forward, is fairly lengthy. And in the unlikely -- and truly unlikely event that their homes don't get completed or for some reason the existing homes don't get removed, the city is going to be in the unenviable position of having to kick somebody out of their house and quite literally bulldoze it from underneath them. So, we really -- you know, again, we don't anticipate that that's going to be the case, but that's the worst case scenario. So, given those things, staff did recommend denial and I will answer any questions you may have. De Weerd: Council, any questions for staff at this time? Bird..: I have none, Mayor. De Weerd: Okay. Yes. Rountree: Madam Mayor, I have a question on this particular subdivision and I think I can answer my own question, but at the end of the street that accesses the subdivision -- and it would be on the westerly end, there is another residence that abuts the cul-de- • Meridian City Council ; April 10, 2007 Page 55 of 73 sac. I assume that residence is not on this property, but that residence could access a public street and it's sitting right on the road right there. Canning.: Yes, sir. The street does stub to that property, as I recall, and the red line is shown outside of the property line. The property line is, actually, about right there. If I can hold my hand steady enough. So, I'm not quite sure what -- Councilmember Rountree -- Rountree: Old what's his name. Canning: I'm not quite sure what your question was or what your concern was. Rountree: I just want to verify that my assumption is correct,, that it's outside of this subdivision and will be dealt with in the future as that property -- Canning: Yes, sir: Rountree: -- gets annexed. Canning: Yes. Rountree.: That there might -- there could be potential problems with accessing that property off of this street, could there not, with ACHD and their setback requirements for roads that they utilize and take on? Canning: You mean the distance from the house to the stub street, sir? Rountree: Yeah. The house is no more than ten feet, I don't think, from the pavement. I mean it's -- it's right there. I mean it's -- Canning: Sir, I do know that the property, as I recall -- I guess not know, but I'm pretty sure that the property had an existing easement for that house. They have relinquished the easement, so I think that that property owner of that house is satisfied that this is an acceptable exchange for their current easement and the applicant could not -- that that was correct -- yes, I'm getting nods that that was correct information... Rountree: Okay. Thank you. De Weerd: Okay. Any other questions? Rountree: That's all I have. De Weerd: Okay. Is the applicant -- if you will, please, state your name and address for the record. Sonderegger: For the record Clayn Sonderegger. 1155 North Black Cat Way. C~ Meridian City Council April 10, 2007 Page 56 of 73 De Weerd: Thank you. Sonderegger: And I'm not an employee of Hubble Homes. De Weerd: Thank you. We appreciate that clarification. • Sonderegger: Just real quick. On Karen Thomas's home, the existing easement -- the road was -- the new road was right over the top of that. It was, basically, in the center and they had full access. It's a cul-de-sac that -- it's like a bulb. It doesn't really end at the end, it's made to extend in the future as it goes into Do-Rite's and., you know, where ever else they go down that way and in talking to them they will probably come before you probably in the next year or two and develop theirs. That's where they are at. But they are very appreciative. This is the best road they have ever had. So, just on that. Just a real brief history in how we got to where we are. When we first sat down with planning and zoning, probably over a year ago -- .probably a year and a half ago, the very first plan did not include those stub streets. Our hope was just to have this be a cul-de-sac end and ACRD, because of connectivity, required us to put first the one going towards the Burt residence and we still hope to block out our existing home completely out of the subdivision.. We wanted to keep that as a separate home and just go off of Black Cat and we were told that we needed to incorporate that into the subdivision and so we did so. And for atime -- and, in fact, the first plan that we sat down with planning they told us we just had to turn the garage around and, then, we would just have a driveway going in there and we'd still kind of separate it with a vinyl fence., but we weren't going to tear that home down, we were actually going to keep both our homes and the Burts. Once those stub streets were required to be able to pay for that additional infrastructure, we came back -- and I don't know if you recall, we had a split on there between an R-4 and an R-2. Half of the lots -- the ones basically closer to Black Cat kind of became a buffer of quarter acre lots with the half acre lots being further back. You barely see the first one on the upper side and, then., from the rest of the way back towards the Thomases and Du-Rite nursery, they are all half acre lots. And so at one time., just -- that home actually stayed, with the understanding that buffer was there.. But the intent has always that we would stay in those homes, get the permits as quick as we could, build those homes and have those homes removed. At this point -- and these are pictures as of today -- that we are in the completion process. We are, basically, down to except for where our home is, of having maybe ten percent of the landscaping.. We have got three-quarters of the buffer in before the house, kind of disrupted that. We had two driveways, one going to an outbuilding that is no longer there, that's been demolished, and that was abandoned earlier this year. And, then, we just abandoned the driveway, so that we could finish landscaping and the swale going through there and you will see that on the picture that you now have two garage doors that, basically, go into a landscape area, to show full intent that that house will disappear as soon as we can move into the new home. We are down to where we just need final water and sewer inspections. The manholes and valves have been raised and we are also in the process of having the final asphalt from ACHD and we anticipate having that as soon as by the end of this week, it's just a matter of cycling the inspectors Meridian City Council April 10, 2007 Page 57 of 73 in and out to get that taken care of. We are waiting for the seeding until the irrigation meter can be installed and that has been scheduled., we just don't have a date for when that will be in by the water department. As soon as we have that we will seed that, so that we make sure we have the water supply to have that grow in as quickly as possible without being -- well, today it wouldn't have scorched, but last week it would have scorched out there and we would have been in trouble. As we prepared for this meeting we had a neighborhood meeting., as your requirement for this variance. Only one person showed up and it was just a curious neighbor, who has since sold his property off of E1 Gato and he was just curious what we were doing, because he was thinking about possibly developing his five acre parcel and he decided to move instead and that will be a future -- future decision. Our request this evening is to be able to stay in our homes, because of the -- just the hassle and the hard -- I mean., basically, we are coming to you on bended knee and asking that we not have that inconvenience of having to move out, move over somewhere else for six months, and, then, just move back. With that we still have our wells and septics that are operating. We could hook up the Burts much easier than ours. The sewer line for ours it would be tough to make That grade and actually we'd have to go clear out the back. The water wouldn't be too difficult, but we would just as soon not go to that expense in doing that if we are allowed to keep these homes. Our request is also to not just limit it to two building permits, but to have as many building permits, except for where these lots are adjacent and to be able to hold those -- if you want to say hostage or collateral to insure that what we are going to do -- I think it comes out to somewhere between two and seven lots, depending on how you look at it, that could be built and move forward with this project to be able to -- you know, the waiting list of people that's ready to start those homes and has been waiting quite some time. Unfortunately, we missed the pave date by about one week last fall and were just able to pave two weeks ago, because of -- we didn't get a lot of moisture this year, but we got a lot of freezing and weren't allowed to meet the ACH'D < requirements of 40 degree and rising for quite some time. It's probably one of the longest nonpaying winters we have had in recent years and we just happened to get stuck in the middle of it. So, we are more than willing to hold back the adjacent lots. The one next to us. Obviously, the lot we were on. The Burt's and, then, the two that it encroaches over. That outbuilding that is shown on that that crosses over two of the property lines of the Burt's home has also been removed at this point. It was demolished last week in preparation to clear that part off of there. So, it's only the Burt's actual house that they are living in and our actual house, so, to me, there is, basically, five lots that are affected by that, the way I look at it, that we would be more than willing to hold out. of being sold and moving forward, so that we could move this subdivision to where we'd like to be at this point as we are definitely behind from the winter we had. Any questions for me? De Weerd: Council, any questions? Bird: I have none. Rountree: None. ~- s Meridian City Council April 10, 2007 Page 58 of 73 De Weerd: Thank you. Zaremba: I'm sorry. Madam Mayor? De Weerd.: I'm sorry, Mr. Sonderegger -- Zaremba: I do have a question. Sonderegger: I get called everything. Zaremba: I understand that you and your neighbor are developing this property. Are you in the business of developing? Sonderegger: Yes. Zaremba: Oh. Okay. I didn't know that. I just thought maybe you were developing your own property -- Sonderegger: No. I have done it in the past. Zaremba: On other properties? Sonderegger: It's mostly commercial. I'm a commercial contractor in the area. Benchmark Construction. And so we do this on a regular basis with commercial-type projects. This is the first residential in this area, but I did come out of the southern California area where we did numerous communities. More like what Mr. Hubble does, but in a California setting. Zaremba: That wasn't quite the answer I was looking for, but -- I mean that was an honest answer, but I was hoping you would say this is the only development you have done, because I'm very sympathetic to your personal need to live there, but I'm not too thrilled about establishing a precedent for developers. We still need to think about it some more. Thank you for your answer. De Weerd: Well, let me get to my list and, then, I will open it up. David Bowman signed up for. Thank you. And Scott Frederickson signed up for. Frederickson: My name is Scott Frederickson. 4200 West Plum Road, Meridian, Idaho. I'm with Dimension Properties and one of the developers of the property. Madam Mayor and Members of the Council, I just wanted to clarify also a couple of other points that -- as we have mentioned in the staff recommendation. Most of the adjustments actually to what we are requesting could be done with lot line adjustments. Burt's home we could - - we could adjust with a lot line adjustment and still be within the requirement. Sondereggers we could do lot line adjustments with the exception of how we encroach on the -- on the common area. That ends up being the real issue and when we sat down and we met with staff and we talked about those issues, it was decided at that i • • Meridian City Council ' April 1A, 2007 Page 59 of 73 time if we were going to request what we -- what we thought was a variance at that time was the term that we were -- that we were using, was that we .may as well just request a variance for everything which saves us the time of going back and having to readjust lot lines after we remove those homes. But as not only the developer, we are also the builder out in that subdivision. We are the ones that will build the Sonderegger's home, we are the ones that will build Burt's home. We have a vested interest in making sure that, number one, that subdivision is done right, that it looks good., that the homes that are in there are quality homes. These are half acre, quarter acre lots. Our intention all along was to differentiate ourselves from Corey Borton homes, which are right across the way, both in the size of the lots, as well as the quality of the homes that we are wanting to build. I think if you look at the entrance coming in, as well. as the landscaping., we have already taken that step to do that. It is -- it would be remiss of us to go through the time and the commitment and the money that we put in to this project to leave those two homes there. Our intention all along was to -- was to build them their homes and to be able to provide that. We thought that was the understanding that we had and, then, we came to the final phase and had this glitch. So, with that I just wanted to clarify a little bit about that and where we are at and what our intentions are, not only as the developer, but also as the builder of those homes to -- to build quality homes, to have a very nice subdivision in the City of Meridian and to be able to remove those homes as quickly as possible, so we can continue marketing that subdivision in a quality manner. Any questions? De Weerd.: Thank you. Any questions? Okay. Thank you. Is there anyone else who would like to provide testimony on this application? L. Sonderegger: I'm Laura Sonderegger. I live at 1155 North Black Cat Road and Clayn is my husband and I just wanted to clarify his statement to you. He has done developments, but never for us personally. This is the only property that we have ever owned and tried to build a new home on and so I just wanted to make sure you realize you aren't setting a precedent that we are going around buying land and doing this. We really are just trying to stay in our home and build a nice subdivision for all of Meridian. People are really excited about what we are doing. Thank you. De Weerd: Thank you. Is there anyone else who would like to provide testimony? Okay. Thank you. Council? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Mr. Nary, do you have any remarks on -- I think Anna's comments are right on the .money with regard to the variances, temporary variances, and what restrictions are there and what we are even able to do. What our choices are. Nary: Madam Mayor, Members of the Council, Councilmember Borton, I mean Mrs. Canning is right, I mean there is no such thing as a temporary variance. They do run • Meridian City Council April T0, 2007 Page 60 of 73 l J with the land. You know, in reading the staff report Ithink -- I guess the staff frustration in planning was that maybe some of this could have been resolved at the outset, if that was discussed with the staff, if that -- those types of things, whether or not it could have been done through a development agreement or something else, we may have been able to resolve it. But now we are trying to really fit a very square peg into a really round hole and it doesn't -- as Councilmember Zaremba stated, I think it does set a difficult precedent to address in the future to allow it, although I'm kind of stumped on trying to figure out another alternative than what's being proposed. A temporary variance was not really what the law allows. You could certainly direct that the variance has to be relinquished at some point, but there is no way to enforce them to do it, so that it -- you know, you don't have a means, I guess, other than through a contractual arrangement that we may be able to fashion something. We don't -- that hasn't been -- they hadn't discussed that previously and whether or not that's an option I just don't know. I know they are trying to just get this moving. I have driven by this, so I know it's -- the progress is as those pictures state, but I'm a little stumped at least at the moment to figure out some way we could either fit it in what's being requested, which I don't think we can very easily, or if there is a different alternative, which I just at the moment I'm a little stumped to figure out. Borton: Thank you.. Rountree: Madam Mayor? De Weerd: Yes. Rountree: Just a question for counsel. These are variances to our ordinance requirements? Nary: Yes. Rountree: Or request for variances. Do we have such a thing as a waiver? Canning: No. No, sir. Rountree: Okay. Just exploring. And a development agreement was mentioned. We, apparently, don't have a development agreement to amend on this particular -- Canning: No. Nary: Councilmember Rountree, I didn't find a development agreement with this particular parcel., otherwise, I would have suggested amending that. Canning: There is not one, sir. I did have an idea. We could ask them to submit a lot line adjustment as mentioned before., but not have them record it, but we could keep it in case the buildings didn't go away in a timely fashion. Kind of gets to the intent, maybe. I haven't had time to fully think it out, but it would keep that there, that if we felt ~J Meridian City Council April 10, 2007 Page 61 of 73 we needed to actually record the lot line adjustment, we could,, but I'm reaching for straws. Sorry. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Madam Mayor, Members of the Council, the only other thing I can think of, Mr. Grady is not here, I'm not sure Mr. Dolsby feels comfortable -- I mean we don't -- we aren't real found of some of these -- those letters of credit, but we did have a discussion earlier about that, but as Mr. Watson stated, it's not an uncommon practice. We do that. It is -- I don't know the wherewithal of the developer and the applicants here to provide us a letter of credit. The city's assurance is -- or what the city wants is the houses to be removed, the fencing to be constructed., that they -- I think what's suggested in the staff report is some time certain it's going to happen. I don't know if Public Works feels comfortable or planning that they could provide a letter of credit to assure that those actions occur. That would be a fairly significant letter of credit. I don't know if they have the wherewithal to do that. I do agree with Mrs. Canning the problematic issue from the city is that at some point, worst case scenario were to happen.., we would be the people evicting these folks, but we have a letter of credit that they agreed to it and they agreed that they posted that money and that credit to demolish those houses. My bigger concern is they are not the ones living in it. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: My comment would be, if that's a good way to go, the letter of credit really wouldn't be for anymore money than they are planning to spend anyhow. Nary: True. Zaremba: And if -- whether they have got it in their pocket, they certainly have budget for the end result that we are all looking for. De Weerd: Okay. It looks like we have additional testimony. If you would like to come forward and provide that. Clint, did you have a comment? We'd like to give you that first opportunity to break into this. Dolsby: Madam Mayor, Members of the Council, I think that we could look into issuing a letter of credit, like Mr. Nary has discussed. We could certainly look into that with Mr. Grady tomorrow and come up with something., if we wanted to go in that direction. De Weerd: Thank you. If there is anymore testimony, let's get that, and, then, hear the applicant's final remarks. Meridian City Council April 1'0, 2007 Page 62 of 73 • Canning: Madam Mayor, I'll jump in while he's walking up there. On the -- your cheat sheet and in the staff report they did note several items for the letter of credit, so that is what is being proposed. If you want to approve this application, we are asking that you address all of those items and most of them were sureties, which is the same as a letter of credit. De Weerd: Thank you. If you would, please, state your name and address. Bowman: I will. For the record, I'm David Bowman. I live at 5808 North Cape Arago in Boise. I am one of the developers as well, but it sounds like, just standing up here I'm already negating my own testimony. The letter of credit is -- I was going to point out that the letter of credit is actually what we were proposing and we think it would be a viable solution to not only put teeth into the -- to the document and the agreement between us and the city to have those removed, you have financial teeth to back up anything that we would be promising in tearing those out immediately. I was going to suggest one other option, but I think that the letter of credit is probably the best option, so I won't even mention my option. De Weerd: Oh, come on. We dare you. Bowman: I don't want to go backwards. You have had enough backwards tonight. Nary: .Madam Mayor? De Weerd.: Yes, Mr. Nary. Nary: In reviewing the staff report, Iguess -- and I don't know what Mrs. Canning's opinion -- if the Council were to grant the final plat modification with those bullet points as you -- staff has pointed out, I mean is a variance still necessary, if they have modified the final plat with those condition requirements? Because I think you were also concerned -- your staff report indicates that they were concerned about the findings for a variance, but it appears -- at least in my reading of it it appears like they could have the one without the other, but maybe I'm misreading it, so -- Canning: Madam Mayor, Members of the Council, I don't know what the standard is for placing a lot line next to a structure, as opposed to placing a structure next to a lot line, so -- there is a difference. I don't know that if -- it's kind of like when you annex a nonconforming use, if that gives it validity, because you knew that use was there and you said it's okay for that use to continue. I don't know if putting a lot line next to a structure accomplishes the same thing. I think that Iwould -- I really don't want the variance approved., because it does run with the land and I think that if there could be some way to say that you willingly are allowing these lot lines there -- the lot lines are permanent, but you're willingly allowing them to be underneath structures and adjoining for the time being, that I would prefer that to having Council approve a variance that lasts forever. But perhaps Mr. Nary could pontificate on my theory of about placing lot lines next to structures. Meridian City Council April 10, 2007 Page 63 of 73 Nary: If you would have raised it at 8:40 maybe so. But I think in reviewing -- I think in reviewing. the report, it seems to me that if the Council wants to modify the final plat and these assurances -- I guess my only other suggestion is that we maybe need a week to work that out and make sure we are all on the same page, especially since Mr. Grady isn't here, that we feel comfortable that that can be done. But I think the Council would have the ability to do that modification and direction and not have to grant a variance for it. But I guess I'd like to make sure we flush that out in the light of day before we just agree to it tonight and it won't work. I don't know if that timing impacts them for a week, but I think if we can get together this week we can probably resolve it fairly easily. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: That sounds to me like an excellent suggestion. I would just comment that my discomfort with the variance is the same as the discomfort with the one that we had on McMillan that wanted a temporary variance to reduce the landscape buffer for a short period of time and as Director Canning points out, once you do that it's permanent and there is no way to track undoing it. So, if there is a better solution, I would be very much in favor of continuing this for a week while it worked out. I think we are all sympathetic to the end result that wants to have happen, again, without establishing a precedent for other people. So, I would support continuing it. Borton: Madam Mayor -- Canning,: Madam -- Borton: Oh, I'm sorry. Go ahead, Anna. Canning: Madam Mayor, Members of the Council, before you move to continue this, there is -- there is one issue that hasn't -- Council hasn't expressed an opinion on. There is quite a bit of difference between what staff is proposing as far as number of building permits to release and what the applicant is proposing and if you could just give us an idea of which way you may be inclined to land on that issue that would be appreciated. De Weerd: Before they continue it? Maybe they want to think about it. Canning.: Okay. De Weerd: Council, any direction you want to give staff right now? We really thought this was going to be a short meeting. Rountree: Madam Mayor, Idon't -- I wouldn't be opposed to the -- to the lots that are subject to this and the adjoining lots, but I think freeing up the remainder of the lots that -~J Meridian City Council April 10, 2007 Page 64 of 73 wouldn't be impacted by this one way or another would be all right. Plus the surety. Between that, we ought to be fairly fiscally protected in doing whatever demolition we might have to do in the future. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I, for once, would agree a hundred percent with Mr. Rountree.. De Weerd.: For once? Rountree: That's not the first time. Bird: Probably won't be the last. Borton.: Madam Mayor? De Weerd: Mr. Borton. Borton: With regards to the surety, in light of earlier discussion, I'd love to see next week some specific -- as specific as possible figures on the expense for each of the wells, septics, home removal, et cetera, and if it's a surety letter of credit, perhaps one and a half times that figure, rounded up at least. If that could be provided as part of the continuance. Canning: -Ten percent? Madam Mayor and Councilmember Borton, by code the sureties we collect are 110 percent of the value. Bird': Yes. Borton: All right. It's one and a half in court, so -- I like one and a half better. I guess 110, rounded up. All inclusive. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would move that we continue the Public Hearing on MFP 07-002 and VAR 07-004, to our regularly scheduled meeting of April 17th, 2007. Bird: Second. Meridian City Council April 10, 2007 Page 65 of 73 De Weerd: Okay. I have a motion and a second to continue these two items. All those in favor say aye. All ayes. Thank you. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: AZ 07-003 Request for Annexation and Zoning of 1.0 acres from RI (Ada County) to L-O (Limited Office) and R-8 zones (Medium Density Residential), for Grau Subdivision by Stanley Consultants - 4135 West Cherry Lane: Request to be continued to April 17, 2007 Item 14: Public Hearing: PP 07-005 Request for Preliminary Plat approval of 1 office lot in the proposed L-O zone, and 3 single family residential lots in the proposed R-8 zone on 1.0 acres, for Grau Subdivision by Stanley Consultants - 4135 West Cherry Lane: Request to be continued to April 17, 2007 De Weerd: Okay. Items 13 and 14. I will open these two public hearings AZ 07-003 and PP 07-005 -- Zaremba: Madam Mayor? De Weerd.: I move we continue Items 13 and 14 regarding Grau Subdivision to our regularly scheduled meeting of April 17th, 2007. Rountree: Second. De Weerd: Okay. I have a motion and second to continue Items 13 and 14. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 15: Public Hearing: PP 07-004 Request for Preliminary Plat approval of 16 residential lots (proposed to contain 64 multi-family units) and 3 common lots on 5.7 acres in an L-O zone for Doubletree Subdivision by Ron Babneau - 1105 W. Pine Street: Request to be Continued to May 1, 2007 to allow Posting of Property Item 16: Public Hearing.: CUP 07-002 Request for a Conditional Use Permit approval to construct amulti-family development consisting of 64 multi- family dwelling units (4 plexes) on 16 lots in an L-O zone for Doubletree Subdivision by Ron Babneau. - 1105 W. Pine Street: Request to be Continued to May 1, 2007 to allow Posting of Property De Weerd: Item 15 and 16 are public hearing PP 07-004 and CUP 07-002. I will open these two public hearings. Meridian City Council ' April 10, 2007 Page 66 of 73 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would move we continue Items 15 and 16 to our regularly scheduled meeting of May 1st, 2007. Rountree: Second. De Weerd: Okay. I have a motion and a second to continue Items 15 and 16 to May 1st. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 17: Public Hearing: RZ 07-004 Request for a Rezone of 7.23 acres from R-4 to L-O zone for the property located at 1615 W. 2nd Street for LDS Church by Bob Niblett, Niblett & Associates Architects - 1615 W. 2nd Street: De Weerd: Item 17 is a Public Hearing on RZ 07-004. I will open this Public Hearing with staff comments. Canning.: Madam Mayor, Members of the Council, this is the LDS project at Cherry and 2nd. The address is 1615 West 2nd Street. And it is located on the west side of Cherry Lane, about a quarter mile west of Meridian Road. It's located on the south side of West Cherry Lane. Sorry about that. All right. This is -- the application is for a rezone and it's to rezone the church property from R-4 to L-O for future expansion of the church. Churches are prohibited in the R-4 zone and so the use is currently nonconforming. Right now they are not proposing to increase the square footage, it's just a request for the rezone application. The Planning and Zoning Commission recommended approval at their March 15th hearing. Rob Niblett, the applicant's representative, spoke in favor. No one spoke in opposition., and AI Borton commented in favor of extending West 4th Street and I will touch on that issue later. The key issues of discussion by the Commission were the requirement for the applicant to dedicate right of way and improve West 4th Street prior to occupancy for an expansion of the church or a change in use of the site. The other issue was rezoning only the northeast portion of the site and not the portion on the west side adjacent to West 4th Street, so that West 4th Street could be improved with development of the west portion.. So, they tried to reach some compromise on the extension -- the issue with regard to extending West 4th Street, but they ended up not making any changes to staffs initial recommendation. So, obviously, the -- there is an outstanding issue before the City Council on the part of the applicant and requiring the applicant to dedicate right of way, improve West 4th Street along the entire west boundary of the site prior to occupancy of any church expansion or change in use of the property. And that is currently proposed as part of the development agreement. So, let me go through that in a little more detail here. We have started to talk about this a little bit a couple weeks ago. Deklan Meridian City Council April 10, 2007 Page 67 of 73 Subdivision was this L-shaped property here -- flag-shaped property. And they were required to be -- they are going to be required to build a 36 foot street section within a 50 foot right of way. So, that will come just to the south of.this lot. There is currently an 18 foot wide single traffic lane within approximately 25 feet of right of way along the back side of these homes and along the west side of the church property. The pavement dead ends approximately right here before it needs to cross this water facility. Coming down from Cherry, similarly you have 55 foot .right of way, but with only one 18 foot wide single traffic lane and that's located adjoining these light office structures. But they do have the full right of way necessary. But 4th Street ends right at this -- the north property line of the LDS church. So, the discussion was that not associated with the rezone application necessarily, but the development agreement would say prior to any expansion of the church facility that this road would be extended. So, 'the only missing gap with the right of way would be this small section here in front of this home. There has been no additional written testimony since the staff report and I can answer any questions Council may have. De Weerd: Okay. Council, any questions? Okay. Would the applicant like to come forward. I knew you waited here for some reason. Niblett: Thank you. Madam Mayor and Councilmen. I'd like to submit a drawing as a part of my testimony, if I could. And -- De Weerd: Sir, I will need to get your name and address, please. Niblett: Okay. My name is Bob Niblett. I reside at 3656 West Clement Road, Boise, Idaho. I am an architect and have been hired by the church as their representative on this issue. We are looking at rezoning -- as Anna mentioned, the church is nonconforming now. It was built in the 1950s. We are not sure how it got that way. We are looking at -- the reason we are here is because we were submitting for an addition and it wasn't until we submitted for an addition that we realized that we were in a nonconforming zone. This clouded area right here is -- and that hatched area is the area we are indicating for an addition. That addition is for -- to offer handicap accessibility and both restrooms and access into the building, to get the bishop's offices, ecclesiastical leaders on the same level, so that all people can have access to those spaces. And what we .are proposing we feel our more than adequate in our parking .requirement. We have plenty of access. There is four different accesses into the property. This property -- this addition that we are looking at does not in any way create, we feel, the need for the improvement of this road along this -- along 4th Street. We don't feel that there is a rational nexus between what we are doing and the need to create this road. In fact, we think it -- now, we understand and the church is all for this public development and the improvement of the road.. We understand that it needs to be developed.. It should be developed. What we are questioning is the timing. Is this the time that it should be done. This is not the only opportunity that the city will have to force this development, because this is unplatted and when this property here is developed some day in the future and has to go through the platting process, at that time they would have the opportunity to require those improvements. And, in fact, Meridian City Council April 10, 2007 Page 68 of 73 requiring the improvements now gets a little bit ahead of the cart, so to, speak, because there are no stub outs, we would not know what any future development would be, we would be building a road over those existing utilities and,, then, at some point when the development is proposed, we'd have to go up and tear up the road to get our access and make those connections. And even if this road -- half a road was improved along the church property, what would happen is we would have a connection of asphalt -- a one lane connection of asphalt that connects 4th Street here to this portion and -- but the road would not be able to be fully open, which would mean you would have two way traffic trying to access that and probably the city would end up blocking it anyway, so that you wouldn't have two way -- or two way travel on that single lane of asphalt. So, we just feel like that when this property is developed, then, there would be a relationship between the need to develop this road and we just don't see any relationship in what we are doing and the need to make this improvement at this time. And so we are asking that the requirement for the -- that we enter into a development agreement as a condition of rezoning be removed. De Weerd: Okay. Thank you.. Questions for the applicant, Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I'm not sure who to direct the question to. The applicant can certainly chime in, but would it be -- is it something we could do as a condition of the rezone to at least require dedication of the right of way, but not paving, and, then, add a condition that any additional structure beyond the current intended addition would require a CUP. I don't know if that's helpful or getting at -- what I'm looking for is the opportunity later to put the hammer on the road without forcing it to be built right now. Canning: Madam Mayor, Councilmember Zaremba, ACHD will not accept unimproved right of way. Zaremba.: That's a good point. I knew that. I'm sorry. Well, for them to make a common lot out of it, they would have to go ahead and plat it, so that doesn't help either. Canning: I'm sorry, Madam Mayor and Councilmember Zaremba, if the right of way is at an edge of a property adjoining an existing right of way, we don't require them to actually plat the property to dedicate the right of way. Does that make sense? It's similar to like if it were on an internal roadway and we required a dedication of right of way. We don't actually require them to plat that roadway. But that's, the edge of the property. So, a plat would not be necessary to dedicate the right of way in this instance. Zaremba: I took my shot. Rountree: Madam Mayor, I would have a question for ACHD. If you're going to have to be here at 11:00 o'clock at night, you ought to participate. Meridian City Council April 10, 2007 Page 69 of 73 Richardson: I need to wake up Rountree: I's there any great desire on the part of ACRD to have 4th Street extended? Richardson: For the record, Christie Richardson, ACRD. 3775 North Adams Street, Garden City. Madam Mayor, Members of the Council, Councilman Rountree, yes, ACRD would like to see 4th Street extended and improved in the future. I don't see a great hiccup with the fact that the connection north of this site and just south of Cherry is narrow. Because we have the right of way I would expect that when this segment of 4th Street abutting this site is improved, we would try to work with that applicant and provide some funding to complete the street section, the portion off site up to Cherry Lane, so that we would have two full lanes on that section that's now just 18 foot wide. So, yes, we do desire that. With rezone applications it's somewhat difficult, because we usually -- we are not setting conditions, we are just responding to changes in zoning and so sometimes we don't have the full knowledge, perhaps, of what the application is for, you know, what the intended rezone might allow for. So, I don't know that I'm in a position to say that what the applicant has stated here tonight that their intention for this expansion would create that requirement from the highway district, but it is our intention and at least among staffs discussion has been our intention that when we see a development application on that site for any type of expansion., that we would be asking for full street improvements and right of way dedication along that property. Rountree: Do I understand you correctly that you already have that portion of the right of way that's indicated in the graphic and do you also maintain the asphalt paving that's there? Richardson: That's correct. This section from Cherry to the north property line of the church we have the 55 feet of right of way as is indicated here and only the east side is improved. So, my recommendation is that when this church property is -- when there is an expansion and should the highway district require a curb, gutter and sidewalk and right of way dedication here, that we would work with the construction along in here and, hopefully, we would be able to provide some funding to complete the west side of this last segment out to Cherry Lane. Rountree: And you also operate and maintain that 18 foot wide single traffic lane on the south? Richardson: That's correct. Rountree: And there is a need for that access? Richardson: For connectivity purposes, yes, sir. Meridian City Council April 10, 2007 Page 70 of 73 Rountree: But currently what connectivity does that provide? It seems -- I guess what I'm getting at, it seems to me that that's an attractive nuisance and probably really difficult for the police to patrol.. Richardson: Councilman Rountree, I know we started in a little bit on this discussion with the Deklan Subdivision and, unfortunately, I just don't know enough above the history of that street and properties which it serves snore on the north end towards the north property line. That as I mentioned it has been our intention that any expansion on this property would -- would -- at least staff would recommend improvement. Rountree: It just appears to me we kind of have a no man's land there. There is parts of it that aren't particularly well kept. This is an opportunity, maybe, for the adjacent property owners to make sure the proper barricades are in place and that weeds and that sort of thing that tend to accumulate in that area are agreed to be maintained and taken out of there. Richardson: Councilmember Rountree, if I might just follow up with that. I don't think it's the highway district's intention at this point to barricade off any segment of this road. That's typically -- that would require a commission action and something that I couldn't commit to you this evening. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Christie, I -- you know, I don't think it's really -- and this has been discussed a dozen times I think. I don't think it's real -- I don't think we want 4th Street to be a through street there, because of getting onto Cherry Lane. Right now we serve that one little commercial sub in there., plus I believe three houses down there on the west side of 4th. But, boy, if you start letting all these others -- they got a good way out down there - - it comes out there and you have got the good one on 2nd Street there. I don't know. I'd hate to hit another major intersection there and try to get over to Cherry Lane. If everybody turned right it would be okay, but they are not, they are going to try to go across traffic. Richardson.: Madam Mayor, certainly this is sounding to be a bigger issue than just maybe what happens in the future. But I would certainly, if allowed a couple of weeks, would be happy to take this back and discuss it amongst staff and at least get a more concrete answer for you and perhaps some alternatives on 4th Street and work with your staff to see how it fits into the city's plan. There is certainly no need to dedicate right of way if we don't need it, but we also need to decide long range what we are going to do with what's there. De Weerd: Thank you. Anything further for Christie while she's here? Thank you. Okay. Council, any other questions? Do you have any other comments? • • Meridian City Council April 10, 2007 Page 71 of 73 Niblett: I just have a last comment here, in all fairness. There is already traffic that turns -- De Weerd: Sir, I'm sorry. Well, we can have you -- Niblett: I'm sorry. There is already traffic that turns across there to access these commercial things anyway, so in all fairness I don't think that that -- but also in all fairness I really don't think that we have what we are doing or we are going to propose really impacts this and we think that this may be developed sometime in the future and that would be the time to do this. Now, Ishould -- I need to say before I finish my -- this last comment is that the church has instructed me that should you not approve our, that we -- we are asking to pull our -- remove our request for rezone. So, we want to do that tonight if you`re not going to approve our request for taking out the development agreement. We just think that that's cleaner if it's done tonight, so -- D:e Weerd: Council, do you have all the questions answered or -- okay. Rountree: Madam Mayor, if there is no further comments on this Public Hearing, I move that we close the Public Hearing for Item 17. Bird: 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. MOTLON CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the rezoning request for RZ 07-004: Bird.: Second. De Weerd: Okay. I have a motion and a second to approve Item 17. Is there any discussion? Okay. Hearing none, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Thank you. • . Meridian City Council April 10, 200.7 Page 72 of 73 Canning: Madam Mayor, I need clarification. Was that with the development agreement? That's how the project is presented to you currently is with the development agreement. Rountree: Yes. Nary: That one everyone understood. De Weerd: I guess, Council, you were clear on the motion? Rountree: That was the intent. Item 18: Executive Session per Idaho State Code 67-2345(1)(1 - (to consider and advise its legal representatives in pending litigation): De Weerd: Okay. Item 19 is an Executive Session per Idaho State Code 67-2345(1)(f). will ask also that Mrs. Canning. attend with us. And I would enter a motion to adjourn into Executive Session. Rountree.: Madam Mayor, I move we go into Executive Session per 67-2345(1)(f). De Weerd: Okay. Do I have a second? Bird: Second. De Weerd: Okay. A motion and a second. Mr. Berg, will you call roll. Roil-Call: Bird, yea; Rountree, yea; Zaremba, yea; Gorton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: De Weerd: Okay, I would entertain a motion to come out of Executive Session. Zaremba: So moved. Rountree: Second. De Weerd: All of those in favor. MOTION CARRIED: ALL AYES. De Weerd.: Motion to adjourn. Rountree: So moved. • Meridian City Council April 10, 2007 Page 73 of 73 Zaremba; Second. De Weerd: All those in favor. MOTfON CARRIED: ALL AYES.. MEETING ADJOURNED AT 11:57 P.M. (TAPE ON FILE OF THESE PROCEEDPNGS) APPROVED: MAYOR Y DE WEERD \~~„~~~~~~~r,,,,,~~ DATE APPROVED .~~ o ATTE D: _ .t.~~ ~ ~~~~ ILLkAM G. BERG JR., Y LERK .~ ~, -~O~`~~~r ~sz ~~ `~; `\\~. April 6, 2007 MERIDIAN CITY COUNCIL MEETING Aptil 10, 2007 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of March 13, 2007 City Council Regular Meeting: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: 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 Dist-ibuted Minutes OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented dt public meetings shall become property of the City of Meridian. April 6, 2007 MERIDIAN CITY COUNCIL MEETING April 10, 2007 APPLICANT ITEM NO. S°$ REQUEST Approve Minutes of March }3, 2007 City Council Special Meeting: AGENCY COMMENTS ~o ~~ CITY CLERK: CITY ENGINEER: See Dishibuted Minutes 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 properly of the City of Meridian. • • • April 6, 2007 MERIDIAN CITY COUNCIL MEETING April 10, 2007 APPLICANT Heritage Development, LLC ITEM NO. REQUEST Findings -Rezone of 1.59 acres from an R-4 to an R-8 zone for Deklan Subdivision -East of the NEC of W. 4th Street and Maple Street 5-C 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: NAM'PA 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. RZ 07-001 COMMENTS See Attached Findings CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER nnv nF ~`4 Y P17G~1~1P v JU:\HO 1~ .~ In the Matter of Rezoning of 1.59 acres from R-4(Medium Low-Density Residential) to R-$ (Medium Density Residential) AND Preliminary Plat approval of 6single-family residential building lots, and 2 common lots, in the proposed R-8 zone, by Heritage Development, LLC. Case No(s). RZ-07-001, PP-07-002 For the City Council Hearing Date of: March 27, 2007 (Findings on the Apri110, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 27, 2007 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 27, 2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 27, 2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 27, 2007 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~Q~d~ l0~ CASE NO(S). RZ-07-001, PP-07-002 Q 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning 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 March 27, 2007 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 Preliminary Plat as evidenced by having submitted the Preliminary Plat dated 12/13/06 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of March 27, 2007 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 record a final plat within two (2) years of the approval of the preliminary plat or one (1) year 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 termination 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~Q-9.~, ~ B~ CASE NO(S). RZ-07-001, PP-07-002 ~ o final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met 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 March 27, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER p~ ~J~ / ~ Q~ CASE NO(S). RZ-07-001, PP-07-002 ~/ ~~ By action of the City Council at its regular meeting held on the d "' day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED Gc_. COUNCIL MEMBER JOE BORTON VOTED_~~i'~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED_G~~~ COUNCIL MEMBER KEITH BIRD VOTED MAYOR TANIMY de WEERD VOTED ~~ (TIE BREAKER) Attest: William G. Berg, Jr., Copy served upon Applicant, The Attorney. Mayor T ,die Weerd o $~.~L - i '~ 1~ ~~~ftYrleh~,~~`blic Works Department and City 7I By: (~'l~ C~~1(Y\ • ~' Dated: 0'-f -I Z-v~1 City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~Q-~ ~-~~~ CASE NO(S). RZ-07-001., PP-07-002 c! CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 STAFF REPORT Hearing Date: 3/27/2007 TO: Mayor and City Council FROM: Justin Lucas, Associate City Planner 208-884-5533 t:rxv r>F ~~%~/Le17~i~1! ~~ IUAwCa SUBJECT: Deklan Subdivision ~ RZ-07-001 Rezone of l .59 acres from R-4(Medium Low-Density Residential) to R-8 (Medium Density Residential). PP-07-002 Preliminary Plat of 6single-family residential building lots, and 2 common lots, in the proposed R-8 zone, by Heritage Development, LLC. ].. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Heritage Development, LLC, has applied for Rezoning (RZ) from R-4 (Medium Low-Density Residential) to R-8 (Medium Density Residential) for 1.59 acres, and preliminary plat approval of six single-family residential building lots, and two common lots in the proposed R-8 zone. The site is located on the east side of West 4'~ Street, near the northeast corner of the intersection of West 4`~ Street and Maple Street. The site is currently vacant and is located within the Urban Service Planning Area and the corporate boundaries of the City. 2. SU1VhMARY RECOMMENDATION The subject applications (RZ and PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Rezone and Preliminary Plat applications. Staff is recommending approval of the proposed Deklan Subdivision (RZ-07-001 and PP-07-002) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoning Commission heard. these items on FebruarLlS 2007. At the Feb 15, 2007 public 6earins the Commission moved to recommend approval. a. Swmnary of Com*nt~~on Public Hearing: i. In favor: Medan Johnson ii. In opposition: Laura Lentz (1'he following signed in opposition but did not provide verbal testimony: Bud Larson, Janet Larson, John Fernandes, Kay Fernandes) iii. Commenting: None iv. Written. testimon :None v. Staff presenting application: Justin Lucas vi. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. -Improvements on West 4'" Street; c. Key Commission Changes to Staff Recommendation: i. -- None d. Outstanding Issue(s) for Ci Council: i. -The applicant is requesting a waiver of the pressurized irrigation svstem reauirement Deklan Subdivision RZ-07-001/PP-07-002 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 g, mm arv of itv C oun '1 P ub is Aearin i. In favor: Me gan Johnson. Rvan Morean ii. In,.s,?pDOSltion : None iii. Commentine : Christ y Richardson. ACRD iv. Written testi mony: N one v. Staff nresentin~ anvl ication: Anna. Canning vi. Other staff c omment ing on a~nlication• Len Grady Bill Narv ~, ev I ssues. of Discus sion by Council• i. a uested w aiver of Pressurized Irri atg=ion ii. Design and f unction of 4`s Street ~ Kev C ouncil CbanQ ec to _o m ic. ionBecommendation: i. None 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ- 07-001 and PP-07-002 as presented in staff report for the hearing date of March 27, 2007 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-07- 001 and PP-07-002 as presented during the public hearing on March 27, 2007 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Numbers RZ-07-001 and PP-07-002 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: East side of West 4`s Street, near the northeast corner of the intersection of West 4~' Street and Maple Street, Parcel #51212110500, in Section 12, Township 3 North, Range 1 West. b. Owner: Wayne Enterprises, LLC 12716 W. Scotfield St. Boise, ID 83713 c. Applicant: Heritage Development, LLC 12716 W. Scotfield St. Boise, ID 83713 Deklan Subdivision RZ-07-001/PP-07-002 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 d. Representative: Megan Johnson, W1tG Design e. Present Zoning: R-4 f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for a Rezone of the subject 1.59 acres from R-4 to R-8, and Preliminary Plat approval of 6 single- family buildable lots, and 2 common lots. All of the homes within the development are proposed to be single-family detached. The average residential lot size in the proposed development is 7,216 square feet.. The total gross density of the project is 3.77 dwelling units per acre. The net density is 5.45 dwelling units per acre. Approximately 0.1 acres (6.3 %) of the site is being set aside for open space. 1. Date of preliminary plat (attached in Exhibit A): 12/13/06 2. Date of landscape plan .(attached in Exhibit A): 12/13/06 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 City Council on this matter. b. The subject application will in fact constitute a preliminary plat 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 City Council on this matter. c. Newspaper notifications~ublished on: January 29"' and Februaryl2~', 2007 (Planning Commission), March 5 and 19~, 2007 (City Council) d. Radius notices mailed to properties within 300 feet on: January 19~', 2007 (Planning Commission), March 2°d 2007 Ci Council e. Applicant posted notice on site by: February 5's, 2007 (Planning Commission), March 17's 2007 (City Council). 6. LAND USE a. Existing Land Use(s): This site is currently vacant. b. Description of Character of Surrounding Area: This parcel is almost completely surrounded by single family residential development. The only non residential use bordering this property is a church to the north. The proposed project is considered inf~ll and, if approved, will be similar to the surrounding residential uses. c. Adjacent Land Use and Zoning: 1. North: Single family home, and LDS Church, zoned R-4 2. South: Single family homes, zoned R-4 3. East: Single family homes, zoned R-4 4. West: Single family homes, zoned R-4 d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works: Deklan Subdivision RZ-07-001/PP-07-002 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 Location of sewer: There is sewer available in W. 4te Street. Location of water: There is water available in W. 4'b Street. Issues or concerns: 1.) The applicant is.requesting a waiver of the pressurized irrigation requirement, due to the fact that, "the water crossing the site is not reliable enough to provide pressure irrigation to the site". However, City Code allows for City Council to waive this requirement only if the property does not have any water rights. 2. Canals/Ditches Irrigation: N/A 3. Hazards: N/A 4. Proposed Zoning: R-8 (Medium Density Residential) 5. Size of Property: 1.59 acres £ Subdivision Plat Information: 1. Residential Lots: 6 2. Non-residential Lots: 0 3. Total Building Lots: 6 4. Common Lots: 2 5. Other Lots: 0 6. Total Lots: 8 7. Gross Density: 3.77 units per acre 8. Minimum House Size: N/A g. Landscaping: 1. Width of street buffer(s): N/A 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 0.1 acres/6.3% h. Amenities: N/A i. Off-Street Parking: UDC 11-3C-6 requires single-family detached dwellings to have 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. j. Sumtnary of Proposed Streets and/or Access: The applicant is proposing to construct a single public street cul-de-sac (300 feet), Deklan Court, which will serve this subdivision. The cut- de-sac is proposed with a 36-feet wide street section with rolled curb, gutter and 5-foot wide attached sidewalks within 50 total feet ofright-of--way. ACRD has submitted comments and conditions back to the City for this project. ACHD's conditions are included in Exhibit B. 7. COMMENTS MEETING On January 26, 2007, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. Deklan Subdivision RZ-07-001/PP-07-002 pAGp 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain between three and eight dwellings per acre (see Page 99 of the Comprehensive Plan.) The proposed Preliminary Plat includes 6single-family lots on 1.59 acres for a total gross density of 3.77 dwelling units/acre. Staff considers this project to be generally compliant with the recommended density for this area. 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): Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The lands are under the jurisdiction of the Meridian City Fire Department, This service will not change. • The lands are serviced by the Meridian Police Department (MPD). This service will not change. • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). 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. Municipal, fee-supported, services are provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that fs safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct five foot wide attached sidewalks along all of the proposed streets in the subdivision. The proposed sidewalks will enhance pedestrian connectivity in this area. Deklan Subdivision RZ-07-001/PP-07-002 PAGE 5 CITY OF MEWDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATI/ OF MARCH 27, 2007 Chapter VII, Goal IV, Objective C, Action 6 -Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See above. Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff finds that the existing single family residential properties to the, south, east and west, and church to the north are compatible with the proposed development. Staff 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. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (iJDC) 11-2-1 lists single-family detached homes as permitted uses in the R-8 zoning district. b. Purpose Statement of Zone: R-8 Medium Density Residential: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. General Standards: All of the proposed lots comply with the standard street frontage and lot size requirements of the R-8 zone established in the UDC. No dimensional modifications are being requested for the proposed development. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. RZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-8 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for a zoning amendment. 2. PP Application: The proposed preliminary plat substantially complies with the Unified Development Code. Special Considerations: Density/Open Space: Although not specifically required by the UDC (due to the size of the property) the applicant is proposing 0.1 acres (6.3%) of open space for this development. Much of this open space is located in a ten-foot wide landscaped Deklan Subdivision RZ-07-001/PP-07-002 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARWG DATE OF MARCH 27, 2007 common lot on the south side of the proposed street. This ten foot common lot helps to avoid the undesirable situation. of "double fronted lots" that would be created, for the existing homes to the south, if the ten foot landscape strip ,was not included. In general Staff is supportive of the proposed open space and believes that the ten foot buffer strip helps to mitigate any negative effects of this proposed development on the neighbors to the south. Landscaping: The landscape plan prepared by WRG Design Ync. on 12/13/06, is approved with the following modifications/notes: ~ Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). E~sting Structures: The preliminary plat notes that a pool, fence and other minor structures aze to be relocated as a result of this development. Ali existing structures that can not conform to the standard setbacks of the R-8 zone should be removed/relocated. Cul-de-sac Turning Radius: The proposed fuming radius of the cul-de-sac at the terminus of Deklan Court is 45 feet measured to the back of curb. The Fire Department has expressed concern about this turning radius and requires that the radius of the cul-de-sac be expanded to 48 feet, measured to the back of curb. Fencing: The applicant is proposing to install six-foot high vinyl fencing along the south and east property lines adjacent to the existing single family homes. The applicant is also proposing to retain the existing fencing along the north and west property lines. Staff is supportive of this proposal and believes that the new vinyl fencing is appropriate adjacent to the existing homes. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro- path /multi-use fencing shall be designed according to UDC 11-3A-7. Common Areas: Maintenance of all common areas should be the responsibility of the Deklan Subdivision Home Owners' Association. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided should be covered: Pressure Irrigation: The applicant is requesting a waiver of the pressurized irrigation requirement, due to the fact that, "the water crossing the site is not reliable enough to provide pressure irrigation to the site". However, City Code allows for City Council to waive this requirement only if the property does not have any water rights. Therefore, Public Works staff is not Supportive waiving the requirement and would require Deklan Subdivision RZ-07-001 /PP-07-002 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 a pressurized irrigation system that utilizes e~sting surface water and is supplemented by City Water. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. 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 used, 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. b. Staff Recommendation: Staff is recommending approval of the proposed Deklan Subdivision (RZ-07-001 and PP-07-002) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoning Commission heard these items on February 15, 2007. At the. February 15. 2007 public hearing the Commission moved to recommend a royal. __ ~ 1V~exis~ian City_Council heard these ~j~ on March 27. 2007. At the~ublic hearing they approved the subject Rezone and Preliminary Plat=request. 11. EI~~I"TS A. Drawings 1. Preliminary Plat (dated: 12/13/06) 2. Landscape Plan (dated.: 12/13/06) B. Conditions of Approval 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 Department C. Legal Description D. Required Findings from Unified Development Code Deklan Subdivision RZ-07-001/PP-07-002 PAGE g CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 A. Drawings 1. 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I ; J i. I ~ I I , . i' ! I _ /I i .~~ i' i~ !I -- :-r %! I. =~~ ~ =~._ _~~ _ --- ~srl- - .. _.. Exhibit A -Page 2 CITY OF MERIDIAN PLAM~iING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 Landscape Plan (dated 12/13/06) _ pFMO 41VIm!!3W d0 Alp ~ ~ ! @ ! 4 ®~w mwwa,u 'J'll ~1N3WdOl3A3p 3bV111i3N ~~ t CBE "°°"b ~°"'°~°`~ NOISIAtOt3f1S Md'1~30 0~ ~d ~Niin+vie advpsarov-i ~ 6 f ~ ii 'lii~~ili:il: a~#::gta~iy [ g a ~~ g6~ 4E~ ~dl~~=~~~~ 10 ! I s ~ ! ~ ~ ~ ~ ~ ~~~~p !l~~~ 1~~b~ a ~ ~ ~E~i a ~ 3~~' e.! ~i i ~~ i °~~p;I~ e ~ E `fiQ! ~i~R s ~! ~~;~De~~~sb~ ~qq@@~~ ~ s!~ ~ ~~ d~d ~~~~°~ F F' $ ~~ 0 ~~ 9~ ~ ~~~$$ei ! 0 ! o ~~a~~o~~~~e~3~E:E~S .. .... ""~-~ r'-'------~--------------~ ,\ a~~ ~ ~,~~~ ~~ ~ o A ._ . _ . _ _ ..-.- - -- ~ , ~ ~ ~ ,~ ,- ~~ - i ~~ i 9 Q ~~~ ~_ ~~ a ~ ._, e ~i ~ w ,' 1 N ~~~ j E!~ • ~ QE e~ i J L3~4l19 Nib Exhibit A -Page 3 CITY OP MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQLTIItEMENTS-PREL1IvII1VARY PLAT (PP-07-002) 1..1.1 The preliminary plat plan labeled Sheets CO1 and C02, prepared by WRG Design Inc., dated 12/13/06, is approved, with the conditions listed herein. All comments/conditions of the accompanying Rezone (RZ-07-001) shall also be considered conditions of the Preliminary Plat (PP-07-002). 1.1.2 The landscape plan prepared by WRG Design Inc. dated 12/13/06 is approved with the following modifications/notes: • Provide aten-foot wide landscape strip (placed in a common lot) between the proposed Deklan Court and the existing homes to the south, excevt for the area directly south of the proposed cul-de-sac where the landscaue strip can be reduced to five-feet. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). 1.1..3 Provide 6.3 % (0.1 acres) open space as proposed. 1.1.4 All buildings or structures that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to signature of the final plat by the City Engineer. 1.2.7 Install six foot high vinyl fencing along the south and east property lines adjacent to the existing single family homes, as proposed. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11- 3A-7. 1.2.8 Maintenance of all common areas shall be the responsibility of the Deklan Subdivision Home Owners' Association. 1.2.9 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, but exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. Exhibit B -Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 1.2..10 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant shall 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 used, 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. 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. 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-07-002) 1.3.1 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(s). 1.3.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.3.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.3.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.3.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in W. 4`~ Street. The applicant shall install mains to and through this subdivision; 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 shall 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 W. 4`h Street: The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. Exhibit B -Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 2.3 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 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 The applicant has proposed a waiver to the pressurized imgation system required by City Code for this development. There reason stated was, "the water crossing the site is not reliable enough to provide pressure irrigation to the site". Per Meridian City Code 9-1-28, the pressurized irrigation requirement can only be waived if the particular property can prove they have no water rights in an irrigation district. UDC 11-3B-bD requires non-potable water to be used in pressurized irrigation systems when deemed available. Therefore, the applicant shall be required to install a pressurized irrigation system using the existing surface water, with a single point connection to the potable water system to supplement the pump station wet well. The design of this system shall be coordinated with the Public Works Department prior to construction plan approval, but it shall include at a minimum a wet well for surface water retention. The applicant shall coordinate with the Public Works Department to determine what percentage of the p.i. system will be utilizing City water, so that apro-rated well development fee can be determined, and it shall be payable prior to signature on the final plat by the City Engineer. 2.6 If City Council waives the requirement for a pressurized irrigation system using existing surface water, that applicant shall be subject to the payment of well development fees prior to signature on the final plat. 2.7 Tf the required pressurized irrigation system in this development is to be owned and maintained by the Homeowner's Association then plans will be reviewed and approved as part of the construction plan approval. A draft copy of an operations and maintenance manual shall be submitted prior to construction plan approval, with the final draft being 2.8 The City of Meridian requires that pressurized irrigation systems be supplied by ayear-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface water for the primary source. If a surface 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. 2.9 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.10 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.11 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 maybe used for non- domestic purposes such as landscape irrigation. 2.12 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate imgation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. Exhibit B -Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 2.13 Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air-testing and video inspection, fencutg installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.14 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted required improvements prior to signature on the final plat. These include but are not limited to, fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water. 2.15 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. 2.16 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. 2.17 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.18 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.19 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.20 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.21 Compaction test results shall be submitted to the Meridian Building Deparhnent for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.22 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. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.23 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. lE~re Department 3.1 One and two family dwellings not exceeding 3600 square feet will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. One and two story family dwellings will require a fire flow of 1500 gallons per minute. Fire hydrants shall be placed an average of S00 feet apart. International Fire Code Appendix C. 3.2 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. Exhibit B -Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 3.3 Final Approval of the fue 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. 3.4 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 1 SO' in length with no outlet. 3.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.6 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. 3.7 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1..1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.8 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. 4. Police Department 4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not exceed two feet in height. Trees shall have a canopy of no less than six feet. 5. 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 Turning Radius: the applicant shall provide a minimum of 50 ft. turning radius. Exhibit B -Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 7. Ada County Highway District 7.1 Site Specific Conditions of Approval 7.1.1 Construct the internal street, Deklan Court, as a 36-foot street section with vertical curb, gutter, and S-foot attached concrete sidewalk within SO-feet ofright-of--way, as proposed. 7.1.2 Construct 4th Street to match the existing curb linelstreet section/right-of--way to the immediate south of the site, as proposed. Dedicate sufficient right-of--way to complete the street section (the proposed 28.7-feet from centerline is acceptable) for 4th Street; AND if any sidewalk improvements are located outside of the right-of--way they should be accompanied by a public access easement. 7.1.3 Construct a standard cul-de-sac turnaround at the eastern terminus of Deklan Court with a minimum turning radius of 4S-feet. 7.1.4 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2.2 Private sewer or water systems are 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 ACHD 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 is 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 (1-800-342-1S8S) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACRD Traffic Exhibit B -Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 29, 2007 Operations 387-6190 in the event any ACRD 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 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 a mosquito breeding problem. Exhibit B -Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 C. Legal Description R AP ROVAL BY Boandlpry I)apiptlon MERIDIAN PUBLIC for Story CoHatraetba WORKS DEPT. 1?otltlrtb Stse~, Mer1d1>An doh No. 6066716.00 A parcel. of land situate is the northeast quarter of tharartheast quarter of Section 12, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho, being more partiwlarly described ere follows: ~~~ Coiouneadng at the northeast comer of the northeast quarter of the northeast quarter of ~"NE Section 12, Towatbip 3 NoDh, Range 1 blast, Boise Meridian; °`"""'"` Thence 500°03'22''1, 695.61 feet along the east line of dre northeast grrerter of the northeast quarts to the northeast earner of Niday'g Second Addition, Book 11 of Plats at Page 594, r le tni Records ofAda County; ~)~ ((~ Thence N89°S4'38"W, 826.16 feat along the line ooatuaon to Niday's Second Addition, `'°I` Wilson Addition, BoaJc 12 of Plats at Page 708, Reeotds of Ada County, and Western ENaINEERINC Subdivision, Hook 24 of Plats atPages 1498 & 1499, Records of Ada County, to a S/S inch r+ebar maridng the POINT OP BEGINNING: , -. Thence S00°04'43"E, 194.00 feet along the west line of Western Subdivision to a 3/8 ~~~ inch rCbar on the north line of Western Subdivision; ~"NECe".e ARf.NITEETYRG ~~ N$9°54.38"W; 437.57 few along the north lineof Western Subdivision t0 e S/8 inch tabor marking the ceatterline of West Fourth Street; tl Thence N00°OS'07"W, 80.21 feet along the centerline of West Fourth Street; ~.No sYR°~• 'Thence 589°54'38"E,137.48 feet parallel with the north line of Western Subdivision toe 1/2 inch tabor, Thence N00°02'28"W,113.79 feet to a 1/2 inch tabor on the westerly extension of the nastb line of Western Subdivision; w.TS. 'T'hence 389°54'38"E, 300.03 feet along fhe westerly extension of the north line of Western Subdivision to the POINT OF HEGTNNING. The abovo-deatxibad parod contains 1.59 acxes, rare or less. 453 S. Fif6ess Eagle, ID 83616 PH 208/248.6300 PX 2D81246.8320 wam.wrgdesign.agn ` .% Together with all and singular the teneanents, hereditaments, and appurtenances thereunto ~:~ ~ ~ belonging or in anywise appertaining. Subject to any eas~mts or rights-of-way of r+eootd ar apparent end that certain easement over said lead in favor of the City of Meridian, State of Idaho, a municipal corporation, for water right-of-way (to be ptvvided for through an tmdergrouad pipeline) and inci~tal proposes as set forth. in an in>.snumeat teeotnded May 27,1976, as Inainrment Number 7620278, Ret~nds ofAda County, Idaho. Exhibit C -Page 1 CITY OF MERIDIAN P[,ANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 ~______seo~v7'[ 'SY t"e +~" i3Z7.sY eas I ~I V1 ~'~ K ~.~ REVIE VA1. AY WORKS EP7~ WEST CHERRY AVE. ~ e - - ~ O O rc 2 Q~ ofa A~~~ i` SCALE.' 1 "=100' f00 50 0 f00 ®~ LEGAL EXHIBIT pRaECT NO. sosers `' ' ' " ' " °' 4TH STREET INi=1LL DATE 1?Jfd/08 o~ s+~wew a sw o m BY: fl18b amciao. n.owu~ 8~~1/ ~~~ SCALE: T~10d •~•.. •..~ • w • •~ MrRyn udio _ -SHEET NO. 1 ~ 1 _~ w8! P RA~rf. 509~JY7'E ~6~0.7C~ .~ ~ ~ ,~ SOY'.A1'~YE tsw.t+''~ "- Exhibit C -Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 D. Required Findings from Unified Development Code 1. Rezone Findings: Upon 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 City Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; ~ The City Council fmds that the development of this property should be required to comply with the established regulations and purpose statements of the requested zone. See Section 10, Analysis above for information on the regulations that need to be complied with. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed rezone, and subsequent development of this property shall not be detrimental to the public health, safety and/or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 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, 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. E. The annexation is in the best of interest of the City (UDC 11-5B-3.E). This finding is not applicable to the rezone request. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-malting body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. Public services are available or can be made available and are adequate to accommodate the proposed development; Exhibit D -Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 The City Council finds that services can be made available to accommodate the proposed development. C. 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 they cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, AC)=ID, etc.) to determine this finding. (See finding Items 3 and 4 above under Rezone Findings above, and the Agency Comments and Conditions in Exhibit B for more. detail.) E. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and 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 staff is unaware. F. The development preserves significant natural, scenic or historic features. The City Council is unaware of any natural, scenic or historic features on this site. Therefore, staff finds 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 and Council should reference any public testimony that maybe presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D -Page 2 • April 6, 2007 PP 07-002 MERIDIAN CITY COUNCLL MEETING April 10, 2007 APPLICANT Heritage Development, LLC ITEM NO. S-D REQUEST Findings -Request for Preliminary Plat approval of 6 single family building lots and 2 common lots on 1.59 acres in a proprosed R-8 zone for Deklan Subdivision -- east of NEC of W. 4th St. and Maple Street: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See Findings in RZ Packet Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~J CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • .~ cis aF ~~.~, ~a C i~~~i~i~n ~ ~~` ID ~\li© A In the Matter of Rezoning of 1.59 acres from R-4(Medium Low-Density Residential) to R-8 (Medium Density Residential) AND Preliminary Plat approval of 6single-family residential building lots, and 2 common lots, in the proposed R-8 zone, by Heritage Development, LLC. Case No(s). RZ-07-001, PP-07-002 For the City Council Hearing Date of: March 27, 2007 (Findings on the April 10, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 27, 2007 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 27, 2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 27, 2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 27, 2007 incorporated by reference) B. Conclusions of Law The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~pa~ ~o~ CASE NO(S). RZ-07-001, PP-07-002 • 4. .Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning 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 March 27, 2007 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 Preliminary Plat as evidenced by having submitted the Preliminary Plat dated 12/13/06 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of March 27, 2007 incorporated by reference. D. Notice of Applicable Tirne 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 record a final plat within two (2) years of the approval of the preliminary plat or one (1) year 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 termination 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 may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~6L~LP ~ ~~ CASE NO(S). RZ-07-001, PP-07-002 a _ • • final plat or short plat to comply with the current provisions of Meridian City Code Title 1 L If the above timetable is not met 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 March 27, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~~G GJ~ ~ O~ CASE NO(S). RZ-07-O01, PP-07-002 V • ~~ By action of the City Council at its regular meeting held on the ~ day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED G~ COUNCIL MEMBER JOE BORTON VOTED_~~f'G~- COUNCIL MEMBER CHARLIE ROUNTREE VOTED_G~~C~ COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED ~- (TIE BREAKER) Attest: William G. Berg, Jr., City C1 Copy served upon Applicant, Attorney. Mayor T ale Weerd ~o ': e m $~L = .r `T~ ~Q `~.~ The Plannin~'D,C~e~It ~~blic Works De arhnent and Cit rrriri ii+r<<v P Y By: ~ ~~l Ctl ~ (Y~ , ~ ~ Dated: U'-E - 121 City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~CC~ ~~~ CASE NO(S). RZ-07-001, PP-07-002 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF MARCH 27, 2007 STAFF REPORT Hearing. Date: 3/27/2007 TO: Mayor and City Council FROM: Justin Lucas, Associate City Planner 208-884-5533 SUBJECT: Deklan Subdivision "'`"-~~°~ ~°^~v„'~'~~ RZ-07-001 Rezone of 1.59 acres from R-4(Medium Low-Density Residential) to R-8 (Medium Density Residential). PP-07-002 Preliminary Plat of 6single-family residential building lots, and 2 common lots, in the proposed R-8 zone, by Heritage Development, LLC. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Heritage Development, LLC, has applied for Rezoning (RZ) from R-4 (Medium Low-Density Residential) to R-8 (Medium Density Residential) for 1.59 acres, and preliminary plat approval of six single-family residential building lots, and two common lots in the proposed R-8 zone. The site is located on the east side of West 4"' Street, near the northeast corner of the intersection of West 4"' Street and Maple Street. The site is currently vacant and is located within the Urban Service Planning Area and the corporate boundaries of the City. 2. SUNIlVIARY RECONIl~IENDATION The subject applications (RZ and PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Rezone and Preliminary Plat applications. Staff is recommending approval of the proposed Deklan Subdivision (RZ-07-001 and PP-07-002) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoning Commission heard these items on February 15, 2007. At the February 15. 2007 public hearing the Commission moved to recommend approval. a. Summary of Commission Public Hearin i. In favor: Megan Johnson ii. In opposition: Laura Lentz (The following signed in opposition but did not provide verbal testimony: Bud Larson. Janet Larson John Fernandes Kay Fernandes) iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Justin Lucas vi. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. -Improvements on West 4`~ Street; c. Key Commission Changes to Staff Recommendation: i. -- None d. Outstanding Issue(s) for City Council: i. -The applicant is requesting a waiver of the pressurized irrigation system requirement Deklan Subdivision RZ-07-001/PP-07-002 PAGE 1 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF MARCH 27, 2007 ~. ummarv of City oLncil Pub is Hearin i. In favor: Meean Johnson. Ryan Moreau ii. In onnosition: None iii, Commenting: Christy Richardson. ACRD iv. Written testimony: None v. Staff nresentine annlication: Anna Cannint vi. Other staff commenting on annlication: Len Grady. Bill Narv It. ev I Le of Di c ~ccion by oLnc'l: i. Requested waiver of Pressurized Irrieation ii. Desien and function of 4"' Street ~. ev Council Changes to Commission RernmmP i. None 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ- 07-001 and PP-07-002 as presented in staff report for the hearing date of March 27, 2007 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-07- 001 and PP-07-002 as presented during the public hearing on March 27, 2007 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Numbers RZ-07-001 and PP-07-002 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: East side of West 4`~' Street, near the northeast corner of the intersection of West 4`~ Street and Maple Street, Parcel #S1212110500, in Section 12, Township 3 North, Range 1 West. b. Owner: Wayne Enterprises, LLC 12716 W. Scotfield St. Boise, ID 83713 c. Applicant: Heritage Development, LLC 12716 W. Scotfield St. Boise, ID 83713 Deklan Subdivision RZ-07-001/PP-07-002 PAGE 2 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HE • DATE OF MARCH 27, 2007 d. Representative: Megan Johnson, WRG Design e. Present Zoning: R-4 £ Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for a Rezone of the subject 1.59 acres from R-4 to R-8, and Preliminary Plat approval of 6 single- family buildable lots, and 2 common lots. All of the homes within the development are proposed to be single-family detached. The average residential lot size in the proposed development is 7,216 square feet. The total gross density of the project is 3.77 dwelling units per acre. The net density is 5.45 dwelling units per acre. Approximately 0.1 acres (6.3 %) of the site is being set aside for open space. 1. Date of prelirinary plat (attached in Exhibit A): 12/13/06 2. Date of landscape plan (attached in Exhibit A): 12/13/06 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 City Council on this matter. b. The subject application will in fact constitute a preliminary plat 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 City Council on this matter. c. Newspaper notifications published on: January 29"' and Februaryl2"', 2007 (Planning Commission), March 5`h and 19`h, 2007 (City Council) d. Radius notices mailed to properties within 300 feet on: January 19`x, 2007 (Planning Commission), March 2"d, 2007 (City Council) e. Applicant posted notice on site by: February 5`~, 2007 (Planning Commission), March 17"' 2007 (City Council) 6. LAND USE a. Existing Land Use(s): This site is currently vacant. b. Description of Character of Surrounding Area: This parcel is almost completely surrounded by single family residential development. The only non residential use bordering this property is a church to the north. The proposed project is considered infill and, if approved, will be similar to the surrounding residential uses. c. Adjacent Land Use and Zoning: 1. North: Single farruly home, and LDS Church, zoned R-4 2. South: Single family homes, zoned R-4 3. East: Single family homes, zoned R-4 4. West: Single family homes, zoned R-4 d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works: Deklan Subdivision RZ-07-001/PP-07-002 PAGE 3 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 Location of sewer: There is sewer available in W. 4~' Street. Location of water: There is water available in W. 4"' Street. Issues or concerns: 1.) The applicant is requesting a waiver of the pressurized irrigation requirement, due to the fact that, "the water crossing the site is not reliable enough to provide pressure irrigation to the site". However, City Code allows for City Council to waive this requirement only if the property does not have any water rights. 2. Canals/Ditches Irrigation: N/A 3. Hazards: N/A 4. Proposed Zoning: R-8 (Medium Density Residential) 5. Size of Property: 1.59 acres £ Subdivision Plat Information: 1. Residential Lots: 6 2. Non-residential Lots: 0 3. Total Building Lots: 6 4. Common Lots: 2 5. Other Lots: 0 6. Total Lots: 8 7. Gross Density: 3.77 units per acre 8. Minimum House Size: N/A g. Landscaping: 1. Width of street buffer(s): N/A 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 0.1 acres/6.3% h. Amenities: N/A i. Off-Street Parking: LJDC 11-3C-6 requires single-family detached dwellings to have 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. j. Sununary of Proposed Streets and/or Access: The applicant is proposing to construct a single public street cul-de-sac (300 feet), Deklan Court, which will serve this subdivision. The cul- de-sac is proposed with a 36-feet wide street section with rolled curb, gutter and 5-foot wide attached sidewalks within 50 total feet ofright-of--way. ACRD has submitted comments and conditions back to the City for this project. ACI-ID's conditions are included in Exhibit B. 7. COMMENTS MEETING On January 26, 2007, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire, Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. Deklan Subdivision RZ-07-001/PP-07-002 PAGE 4 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain between three and eight dwellings per acre (see Page 99 of the Comprehensive Plan.) The proposed Preliminary Plat includes 6single-family lots on 1.59 acres for a total gross density of 3.77 dwelling units/acre. Staff considers this project to be generally compliant with the recommended density for this area. 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): Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The lands are under the jurisdiction of the Meridian City Fire Department, This service will not change. • The lands are serviced by the Meridian Police Department (MPD). This service will not change. • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRD). 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. Municipal, fee-supported, services are provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct five foot wide attached sidewalks along all of the proposed streets in the subdivision. The proposed sidewalks will enhance pedestrian connectivity in this area. Deklan Subdivision RZ-07-001/PP-07-002 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEA• DATE OF MARCH 27, 2007 Chapter VII, Goal IV, Objective C, Action 6 -Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See above. Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff finds that the existing single family residential properties to the, south, east and west, and church to the north are compatible with the proposed development. Staff 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. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2-1 lists single-family detached homes as permitted uses in the R-8 zoning district. b. Purpose Statement of Zone: R-8 Medium Density Residential: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. General Standards: All of the proposed lots comply with the standard street frontage and lot size requirements of the R-8 zone established in the UDC. No dimensional modifications are being requested for the proposed development. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. RZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-8 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for a zoning amendment. 2. PP Application: The proposed preliminary plat substantially complies with the Unified Development Code. Special Considerations: Density/Open Space: Although not specifically required by the UDC (due to the size of the property) the applicant is proposing 0.1 acres (6.3%) of open space for this development. Much of this open space is located in a ten-foot wide landscaped Deklan Subdivision RZ-07-001/PP-07-002 PAGE CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEA~G DATE OF MARCH 27, 2007 common lot on the south side of the proposed street. This ten foot common lot helps to avoid the undesirable situation of "double fronted lots" that would be created, for the existing homes to the south, if the ten foot landscape strip was not included. In general Staff is supportive of the proposed open space and believes that the ten foot buffer strip helps to mitigate any negative effects of this proposed development on the neighbors to the south. Landscaping: The landscape plan prepared by WRG Design Ina. on 12/13/06, is approved with the following modifications/notes: • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. A.ll standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Existing Structures: The preliminary plat notes that a pool, fence and other minor structures are to be relocated as a result of this development. All existing structures that can not conform to the standard setbacks of the R-8 zone should be removed/relocated. Cul-de-sac Turning Radius: The proposed turning radius of the cul-de-sac at the terminus of Deklan Court is 45 feet measured to the back of curb. The Fire Department has expressed concern about this turning radius and requires that the radius of the cul-de-sac be expanded to 48 feet, measured to the back of curb. Fencing: The applicant is proposing to install six-foot high vinyl fencing along the south and east property lines adjacent to the existing single family homes. The applicant is also proposing to retain the existing fencing along the north and west property lines. Staff is supportive of this proposal and believes that the new vinyl fencing is appropriate adjacent to the existing homes. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro- path /multi-use fencing shall be designed according to UDC 11-3A-7. Common Areas: Maintenance of all common areas should be the responsibility of the Deklan Subdivision Home Owners' Association. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all imgation ditches, laterals or canals, exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided should be covered. Pressure Irrigation: The applicant is requesting a waiver of the pressurized imgation requirement, due. to the fact that, "the water crossing the site is not reliable enough to provide pressure irrigation to the site". However, City Code allows for City Council to waive this requirement only if the property does not have any water rights. Therefore, Public Works staff is not supportive waiving the requirement and would require Deklan Subdivision RZ-07-001/PP-07-002 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEA• DATE OF MARCH 27, 2007 a pressurized irrigation system that utilizes existing surface water and is supplemented by City Water. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. 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 used, 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 imgation 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. b. Staff Recommendation: Staff is recommending approval of the proposed Deklan Subdivision (RZ-07-001 and PP-07-002) with the conditions lasted in Exhibit B of the Staff Report. The Meridian Planning .and Zoning Commission heard these items on February 15, 2007. At the February 15, 2007 public hearing the Commission moved to recommend approval. The Meridian City Council heard these items on March 27 2007 At the public hearing thev anuroved the subiect Rezone and Preliminary Plat request. 11. EXIIIBITS A. Drawings 1. Preliminary Plat (dated: 12/13/06) 2. Landscape Plan (dated: 12/13/06) B. Conditions of Approval 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 Department C. Legal Description D. Required Findings from Unified Development Code Deklan Subdivision RZ-07-001/PP-07-002 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 A. Drawings 1. Preliminary Plat (dated: 12/13/06) pSflNfa Rl ~~oamwmu ®'p1M .~ pa®1PW ~~ ~® ~~~~ aiva Arolalkl3w do Iwo ~~~ '1N3Wd0~3n3O 3aJV11a3H NOISIAI49f1S NtIl~3O ~aHS a3noo p Gi~i4 '~ ip~ a9~ ~~~ ~~3 ~~~ ~~~ ~~~ ~~! ~~~ a~9 ~pA ~a~ ~$~ ~:~ ~~~ ~~~ ~~~ ~e~ ~f~ a6~ 32~ "9 ~/ ` ~{ a s s Y p a a e n 3S @2 2 ~E 9 • ~ g ~ ~ y 99 4 ~ y 0 ~p@~ ~~E ~ ~~ ~~~~~~ ~®~~~~ ~~l~~g ~~~ ~~~ p~~g$y ~~@ay ~~g~¢ g§~~~ C~~gy~ ~~~ ~~g~y ~s~ ~~yg~ q@~~~ ~~yg~ ~9~ ~~~ C6~ a@~ 3!~ ~?~ EI9 ~~~ ~69 aQS ~~5 26~ ~44 9 s p ~ i a p p 4 8 S e a ryryrygryq ~yq{ q g qqp QQ E gg tgt~ FF ~~~aggga ~~~ ~p0 ~~~ F~~ ~~0 kB C~8 FO ~~~ 8~a 9p@~~ a@'~ 8p•! 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I e I e B I ~~~ ~ 1 ,. ~l I ~~ ~~ ______J 9 I `\ ~k ~ ~ .9 ' I---__-__--_~__ I ZZ I ~ I ~ W I , r . t I I ~ L________________________ _______J [~ ~ ~~ ~__ ~ri ,,55 ^6 ~{ l f , I y ~ $~ ~ ~~ ~~ °~ ~ ~ II J _~. .y -- 133418 Hlb Exhibit A -Page 3 CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (PP-07-002) 1.1.1 The preliminary plat plan labeled Sheets CO1 and C02, prepared by WRG Design Inc., dated 12/13/06, is approved, with the conditions listed herein. All comments/conditions of the accompanying Rezone (RZ-07-001) shall also be considered conditions of the Preliminary Plat (PP-07-002). 1.1.2 The landscape plan prepared by WRG Design Inc. dated 12/13/06 is approved with the following modifications/notes: Provide aten-foot wide landscape strip (placed in a common lot) between the proposed Deklan Court and the existing homes to the south, except for the area directly south of the proposed cul-de-sac where the landscape strip can be reduced to five-feet. Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. A written certificate of completion should be prepared by the landscape azchitect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the fmal plat application(s). 1.1.3 Provide 6.3 % (0.1 acres) open space as proposed. 1.1.4 All buildings or structures that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shal'1 be removed, relocated or made to conform to city code, prior to signature of the final plat by the City Engineer. 1.2.7 Install six foot high vinyl fencing along the south and east property lines adjacent to the existing single family homes, as proposed. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be ,designed according to UDC 11- 3A-7. 1.2.8 Maintenance of all common areas shall be the responsibility of the Deklan Subdivision Home Owners' Association. 1.2.9 Per UDC 11-3A-6 all imgation ditches, laterals or canals, but exclusive of any natural waterway, that intersect, cross or lie within the azea being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. Exhibit B -Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 1.2.10 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant shall 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 used, 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. 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-07-002) 1.3..1 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(s). 1.3.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.3.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.3.5 Staffs failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.3.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in W. 4"' Street. The applicant shall install mains to and through this subdivision; 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 shall 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 W. 4"' Street. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. Exhibit B -Page 2 •' CITY OF MERIDIAN PLANNIN~EPAR'TMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 2.3 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being fmalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 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 The applicant has proposed a waiver to the pressurized irrigation system required by City Code for this development. There reason stated was, "the water crossing the site is not reliable enough to provide pressure irrigation to the site". Per Meridian City Code 9-1-28, the pressurized irrigation requirement can only be waived if the particular property can prove they have no water rights in an imgation district. UDC 11-3B-bD requires non-potable water to be used in pressurized irrigation systems when deemed available. Therefore, the applicant shall be required to install a pressurized irrigation system using the existing surface water, with a single point connection to the potable water system to supplement the pump station wet well. The design of this system shall be coordinated with the Public Works Department prior to construction plan approval, but it shall include at a minimum a wet well for surface water retention. The applicant shall coordinate with the Public Works Department to determine what percentage of the p.i. system will be utilizing City water, so that apro-rated well development fee can be determined, and it shall be payable prior to signature on the fmal plat by the City Engineer. 2.6 If City Council waives the requirement for a pressurized irrigation system using existing surface water, that applicant shall be subject to the payment of well development fees prior to signature on the final plat. 2.7 If the required pressurized irrigation system in this development is to be owned and maintained by the Homeowner's Association then plans will be reviewed and approved as part of the construction plan approval. A draft copy of an operations and maintenance manual shall be submitted prior to construction plan approval, with the fmal draft being 2.8 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 water for the primary source. If a surface 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. 2.9 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.10 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.11 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 maybe used for non- domestic purposes such as landscape irrigation. 2.12 Per UDC 11-3A-6 all imgation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. Exhibit B -Page 3 CITY OF MERIDIAN PLANNING,D-EPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 2.13 Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air-testing and video inspection, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.14 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted required improvements prior to signature on the final plat. These include but are not limited to, fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water. 2.15 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. 2.16 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 fmal plat. 2.17 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.18 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.19 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.20 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.21 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.22 The engineer shall be required to certify that the street centerline elevations are set a rninirnum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.23 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 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 available for duration of 2 hours to service the entire project. One and two story family dwellings will require a fire flow of 1500 gallons per minute. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 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. Exhibit B -Page 4 • CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 27, 2007 3,3 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. 3.4 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. 3.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.6 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. 3.7 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3..1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 xn). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903..3..1.2, the distance requirement shall be 600 feet (183 m). 3.8 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. 4. Police Department 4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not exceed two feet in height. Trees shall have a canopy of no less than six feet. 5. 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 Turning Radius: the applicant shall provide a rninirnum of 50 ft. turning radius. Exhibit B -Page 5 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HE • DATE OF MARCH 27, 2007 7. Ada County Highway District 7.1 Site Specific Conditions of Approval 7.1.1 Construct the internal street, Deklan Court, as a 36-foot street section with vertical curb, gutter, and 5-foot attached concrete sidewalk within 50-feet ofright-of--way, as proposed. 7.1.2 Construct 4th Street to match the existing curb line/street section/right-of--way to the immediate south of the site, as proposed. Dedicate sufficient right-of--way to complete the street section (the proposed 28.7-feet from centerline is acceptable) for 4th Street; ANp if any sidewalk improvements are located outside of the right-of--way they should be accompanied by a public access easement. 7.1.3 Construct a standard cul-de-sac turnaround at the eastern terminus of Deklan Court with a minimum turning radius of 45-feet. 7.1.4 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 Any existing imgation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are 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 is 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 ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACRD Traffic Exhibit B -Page 6 CITY OF MERIDIAN PLANNIIV• PARTMENT STAFF REPORT FOR THE HEA • DATE OF MARCH 27, 2007 Operations 387-6190 in the event any ACRD 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 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 txriless 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 a mosquito breeding problem. Exhibit B -Page 7 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEARI~G DATE OF MARCH 27, 2007 C. Legal Description Y AP ROVAL ©Q~ U E S Y G M I N C. Boundary Descrlptlon MERIDIAN PUBLIC for Stacy Con~tractlon ~NDFtKS DEPT. Fonrtlr 3trcet, Merldlan Job No. 6066716.00 A parcel. of lend situate in the northeast quarter of the northeast quarter of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more r- i ' ~ particularly described as follows: C _ . . ommencing at the northeast comer of the northeast quarts of the northeast quarter of LwNn P Section 12, Township 3 North, Range 1 West, Boise Meridian; `"""'"` Thence S00°03'22'B, 695.61 feet along the east line of the northeast quarter of the northeast quarter to the northeast comer ofNiday's Second Addition, Hook 11 of Plats at Page 594, r ie!lrji ~ Records of Ada Cormty; !)~ (P Thence N89°54'38"W, 826.16 feet along the line common to Niday's Second Addition, `I V I ` Wilson Addition, Book 12 of Plats at Page 708, Records of Ada County, ead Western ENGINEERING Subdivision, Book 24 of Plats at Pages 1498 & 1499, Records of Ada County, to a 5/8 inch rebar marking the POINT OF BEGINNING: , _" ~' , Thence S00°04'43"E, 194.00 feet along the west line of Western Subdivision to a 5/8 • Lw NbEtwg6 inch mbar on the north line of Western Subdivision; AgCNITECTY q[ Thence N89°54'38"W; 437.57 feet along the north line of Western Subdivision to a 5/8 inch rebarmarking the centerline of West Fourth Street; ~~. !~~~~~ Thence N00°05'07"W, 80.21 feet along the centerline of West Fourth Strcet; LwNo SURVEY Thence S89°54'38"E, 137.48 feet parallel with the north line of Western Subdivision to a 1/2 inch rebar; ~~I Thence N00°02'28"W, 113.79 feet to a 1/2 inch rebar on the westerly extension of WATER the north line of Western Subdivision; Thence S89°54'38"E, 300.03 feet along the westerly extension of the north line of Western Subdivision to the POINT OF BEGINNING. 453 S. Flfoes. Eagle, II 83616 ~: 4 !' ~ `• The above-described parcel contains 1.59 acres, more or less. 606.` ~ .f Together with all and singular the tenements, her+editaments, and appurtenances thereunto F ~'~~. /belonging or in anywise apperteiain $. P'. ~ g' c PUre PH 208/246.8300 FX 208/246.8320 ~ww,v.wrgdesigmcom Subject to any easements or rights-of--way of record or appar~t and that certain easement over said land in favor of the City of Meridian, State of Idaho, a municipal corporation, for wales right-of--way (to be provided for through an underground pipeline) and incidental Purposes as set forth in an instrument recorded May 27, .1976, as Inshvment Number 7620278, Records ofAda County, Idaho. Exhibit C -Page 1 CITY OF MERIDIAN PLANNIN~EPARTMBNT STAFF REPORT FOR THE HEA~G DATE OF MARCH 27, 2007 tt.as w w^a se9z~'.rE mse.sa• ~,,y~SB993Y7'E 33' rE 51Y53'a•E +7 1327.7Y 63.1 - ~ - - 126~.tt' w¢1 g IH ^~~ K O SEYSS'3B' 2. REVIE R VAl BY ~ WORKS OEPT.IC WEST CHERRY AVE. ~ e ~ ~ O Q O Z 1",, . 4 !'~ O PIaW °~ K SCACE.• f "=100' 100 50 0 100 Z ®®0 LEGAL EXHIBIT PROJECT NO.6066716 a ~ ' ~ " " ° DATE 12/14/06 ~ 4TH STREET INFILL mi c rt++o or as ar- o ae^ BY: rtl8b "` m'81°"0° "°` i°~MOID Stacy Constructbn SCALE: Y^tOd "~' ~" "°'°~ """' ~n Iddto SHEET NO. 1 of 1 Exhibit C -Page 2 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEARI~G DATE OF MARCH 27, 2007 D. Required Findings from Unified Development Code 1. Rezone Findings: Upon 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 City Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific corprehensive plan action items that apply to this development). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the development of this property should be required to comply with the established regulations and purpose statements of the requested zone. See Section 10, Analysis above for information on the regulations that need to be complied with. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed rezone, and subsequent development of this property shall not be detrimental to the public health, safety and/or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 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, 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. E. The annexation is in the best of interest of the City (UDC 11-5B-3.E). This finding is not applicable to the rezone request. 2. 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 findings: A. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. Public services are available or can be made available and are adequate to accommodate the proposed development; Exhibit D -Page 1 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF MARCH 27, 2007 The City Council finds that services can be made available to accommodate the proposed development. C. 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 City Council finds that the subdivision wil'1 not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACI-ID, etc.) to determine this finding. (See finding Items 3 and 4 above under Rezone Findings above, and the Agency Comments and Conditions in Exhibit B for more. detail.) E. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and 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 staff is unaware. F. The development preserves significant natural, scenic or historic features. 'The City Council is unaware of any natural, scenic or historic features on this site. Therefore, staff finds 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 and Council should 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 staff is unaware. Exhibit D -Page 2 • April 6, 2007 COMMENTS MERIDIAN CITY COUNCIL MEETING April 10, 2007 APPLICANT Fire Department ITEM NO. 5-E REQUEST Approve Budget Amendment for Fire Department for Grant and Donation to purchase a 91 1 Simulator: 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: NAM'PA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFIC€: OTHER: Contacted: Emailed: See Attached Request Date: • Phone: ~iun naiicaia. Materials presented at public meetings shall become property of the City of Meridian. • o t0 N y U j S N 0 0 tJ ~Lr C U C ~ ~ O y = O U C ~m ~+.n~ v ~ ~ C V C ~ m N O N N V N LL. ~ . ~ m ~ C d Z ~ ~ ~ 0j y ~~O m y O C d Q C me c' E °1r N N O pyj G N .- .....dv' ~9t A C ~ r C ~ ~ ar m ~ w m c "" >Ew ~c•:-~ A C d c y` a o U A N d V ~ LL Q V C lC V C S c ,d a a ~ a m o m ~ y N N DI O X ~ y ~ _ . m L O~ y 3 y C ~ a> ° o_ E N F a ydry ° n_ ~ V T d • c y O v Q. X~ E V 3 d 'w~d~o«r r c 00 a m d c t O O n Q O r E d Q Z ~_ ~ ~ W Q d O W a ~ 'C ~ ° °' UmGi= d m~ d~ y ~ L .~ .E U 7 O O 41 O 7 O. ~oaca~i > L y E .U C Y ~ ~ ~ ~ ~` ~ N 3L~ym'o CO ~ V1 ~ C a - C U1 y >+ I~ m ~ ~ m a00 CO ~,V L ~ N L ~ _O y ~ c~yf03p f6 ~~. O O O LE°: C O O .N O N ~ ~ ~ Ol N y N O ~ t ~ 7 y ~ to O O V) ~ O C „y, C O W ~ N E_ ~ w ~ ~' o. O Q7 N N N ~. f6 f0 y O L r .t+ O U y H n ~ ~ ~ d O) ' N U O. ~ c o ~ma>v~p W 7L-. C G•::. a 01 E y U f0 V N C (n O N p f0 Z ~ ~ ~ v u~i w a y m Q a m o N y N N ~ N L ~ U ~ ~ U ~ L ~ ~ ~ ~ d ~ am E m W J Q ZWZfn F W OU 7 O m = 0 n Z ~ d m c o ~ 6 O O a ~ ~ ~ ~ m I '0 ~ C m a U ~ ~ I( IL O C O y ii ~p .C ~ U c A c 5 ~ 0 0 ~ "= i - LL ~ 4 U y y u d ' ~ _ (n ~ y ~ ~ ~ ~ d m N m ~ + d p `- Q U ~ o O U ~ ~ O ~ ~ a 2i w W Z in Z ~ y V 0 0 0 0 0 ~ ~ O N N N t+l N y N ~ ~~ V O ~ d {7 t+l N H! N N N N W a QU ~ a v v a a a a a ,~ o a ~ Ul N f0 L C ~ p ~ ~ o. C7 ° o ~ t F=.. E a~ rna c Vl ~ N N a.O c O m ~ « E O N 7 ~ ~ y c O f6 'o m c E C Q~ d o ~ E ~10 ~ ~ •. o a d y O f9 ~ O r C O d ~ Q O .~ •a~~ al N C ~ C C ~ ~ C _~ 9 o O~ w m a y .O+ C f6 y ~ 3 c n ~ n J ~ O ~ O v d p ~ N °y~ Gw C U C N O f0 D_ n.. p ~ y C y ~ ~ ~ ~ N - O C l0 l0 V ~ C f0 O ~ E •~ •U ~. ` O N ~ y `°_ ~ ~ N V L ~U t ~ ~LL o D. L U y ~ C ~ , N `y N y ~ C '~~EE°' d U •aOU H y 7 C «« O' C N C V y ~ y C O fo O p. w ~ m co E O ? N d9 m ~°n aDif6E m v o E ~ c °> _ 01 ~ N C N O ~ ~ N 3 C O p H w N J t c C ~ ~ ~ ~ O N '~ C C • 'p O O U ~ ~ . N C1 O C C x Z V v ill J I~I Q • o ~ ~d 0 °o ~ O rn ~ N N N cV O N O ~ ~ N r O o. ~ a is c ~ '~ o O tD N O ~ C 0 C y O U c LL J o ° 9 aDi i .2 'd d ~ O O f0 ~ e9 ~ r C d ~~ O W 0 Q Z W w t0 Q x z W 0 Z v ~ Q ~o ~~ ~a W \ry\\\ Q Q K ~_ 1 J7 U Z } Q U W ZO LL ~ W 0 U d l\v U Q 0 O W zW ~U W ~ H¢ w `~, ~ w O ~ m Q ~ [~ ` O. ~ J 4 2 a~ U U~ ~ WU ~°= ~W (A U N .v O ~ o a Cg U a d °' Q a a` • • April 6, 2007 MERIDIAN CITY COUNCIL MEETING April 10, 2007 APPLICANT Paramount Development, Inc. ITEM NO. 5-F REQUEST Approve Streetlight Agreement for Paramount Subdivision No. 1: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Memo /Agreement Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • City of Meridian Public Works Dept. Memo CEIV~I, Toa Mayor De Weerd 8~ City Council From: Kane Glenn CC: Fle iDa~e: 4/2/2007 Re: Proposed Agenda ftems for 4/10/07 City Council Meeting APR Q 3 2007 City of Meridian City Clerk Office The Public Worms Department n3spectfully requests that the following items be placed on the 4/107 City Counal agenda, on the Consent Agenda, for Counal's consideration: 1) Streetlight Agreement for Paramount Subdivision #1 by Paramount Development Inc. ~~ Typical Str+eetiight Agreement Recommended Council Action: Approve the Streetlight Agreement for Paramount Subdivision #1 by Paramount Development Inc and authorize the Mayor to sign and City Clerk to attest. 2) Streetlight Agreement for Paramount. Subdivision #3 by Paramount Development Inc. Typical Streetlight Agn~ment Recommended Council Action: Approve the Strieetlight Agreement for Paramount Subdivision #3 by Paramount Development Inc and authorise the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 • ADA COUNTY RECORDER J. f~ NAVARRO AMOUNT .00 BOISE IDAHO 04120!07 03:20 DEPUTY Bonnie Dberbillig III IIIIILIIIIIIIIIIIIIIIIIIIIIIIII III RECORDED-REQUEST OF 107056310 Meridian City CITY OF MERIDIAN STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Paramount Development Inc, pertaining to the streetlights in Paramount Subdivision #l, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Paramount Development Inc, has provided Sea. additional single head street light poles, concrete pole bases, fixtures, bulbs, and components to the type development known as Paramount Subdivision #1 in Meridian, Idaho. The parties acknowledge that the Sea. additional single head street light poles and appurtenances were specially ordered items, not customarily used in type developments in Meridian, Idaho. 2. Paramount Development Inc, or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Paramount Development Inc, or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 5 ea. additional Sin a head street lights located in Paramount Subdivision #1 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not pnaintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photq electric device of the "fail off' type. 5. It is understood and agreed that Paramount Development Inc will assign its rights and obligations hereunder to said Homeowners Association when said Owners Association is formed and operational. STREET LIGHT AGREEMENT Page 1 of 3 • • This AGREEMENT shall be binding on Paramount Development Inc, its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this ` day of Q,.~~as~- , 20~_. CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho By - Mayor, DeWeerd ATTEST: .a~-~ William G. Berg, Jr., ~,,. ~ _ ~ :~, ~~ I c'A~ aB `~~ ~t ,;~ .. ~ '~, '9® ~ ~~~ . /' ~ Doti:: Paramount Development Inc. By President ATTEST: STREET LIGHT AGREEMENT Page 2 ~ 3 STATE OF IDAHO, ) County of Ada, ss. On this , l ay of ~~~6' ~ , 20 C~ ,before me, the undersigned, a Notary Public in and for said State, personally appeared Mayor DEWEERD and WII.,LIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. I1V WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL ; ~o~ ?'~~' ~ ~,. o ~~ o ~ ~® o ~ e ~ o i~ ~~ i ~ ~,7r •~ ~ e '~ IC.= e ~' ®F IDA~®'~~ ..0.•• STATE OF ~~~a,) ss. County of ~~ ,) V ~ ~V I ~rl~ JrY~ `~ NOTARY PUBLIC FOR IDAHO RESIDING AT ~ (l/J~- ~c1 MY COMMISSION EXPIRES /~ -is = ~ r On this ~d ~y of ;~(~ ~~ , , 20~ before me, the undersigned, a Notary Public in and for said State, personally appeared ~w~ ~~ j ~~~ ,~~~ and %~'-~e-w -~.C~--, ~ known to me to be the President and Secretary of ~ ~l~C~r7~GZ~~~~ v- m~~n~ a ecuted the within instrument on behalf of said corporation, and acknowledge to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~~ ~~ ~ PiJ~Y.gC a MY COMMISSION STREET LIGHT AGREEMENT Page 3 ~ ~ • • April 6, 2007 MERIDIAN CITY COUNCIL MEETING April 10, 2007 APPLICANT Paramount Development, Lnc. ITEM NO. 5-G REQUEST Approve Streetliaht Aareement far Pc~r~mn~ int S~ ihr~livlcinn Nn ~• 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 MfRID1AN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See Attached Memo /Agreement ~g • • City of Meridian Public Works Dept. Memo ~~ To: Mayor De Weerd 8 City Cotutcil From: Kane Glenn CC: Fle Date: 4/2/2007 f1ie: Proposed Agenda Items for 4/10/07 City Councl Meeting ~~~ a ~ zaaz City of Nlericliaa City Clerk ®ffice The Public Works Department respectfully n~uests that the following items be placed on the 4/10/07 City Counal agenda, on the Consent Agenda, for CounaPs consideration: 1) Streetlight Agreement for Paramount Subdivision #1 by Paramount Development Inc. Typical Streetlight Agreement Recommended Council Action: Approve the Streetlight Agreement for Paramount Subdivision #1 by Paramount Development Inc and authorize the Mayor to sign and City Clerk to attest. 2) Streetlight Agreement for Paramount Subdivision #3 by Paramount Development Inc. `~~ Typical Streetlight Agn~ment Recommended Council Action: Approve the Streetlight Agreement for Paramount Subdivision #3 by Paramount Development Inc and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 • ADA COUNTY RECORDER J. DAV{•VARRO AMOUNT ,00 BOISE IDAHO 04120/07 03:20 PM DEPUTY Bonnie Oberbillig III I'IIII'III'IIIIIIIIIIIIIII'IIIII III RECORDED-REQUEST OF 107056311 Meridian Ciry CITY of ~ERIDL~NN STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Paramount Development Inc, pertaining to the streetlights in Paramount Subdivision #3, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: Paramount Development Inc, has provided 1 ea. additional .single. head street light poles, concrete pole bases, fixtures, bulbs, and components to the type development known as Paramount Subdivision #3 in Meridian, Idaho. The parties acknowledge that the lea. additional .sin lg; a head street light poles and appurtenances were specially ordered items, not customarily used in type developments in Meridian, Idaho. 2. Paramount Developmenrt Inc, or it's assigns, agree to replace, repair and provide any required maintenance of any of the above memioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Paramount Development Inc, or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 1 ea. additional Sin lg a head street lights located in Paramount Subdivision #3 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail 01~" type. 5. It is understood and agreed that Paramount Development Inc will assign its rights and obligations hereunder to said Homeowners Association when said Owners Association is formed and operational.. STREET LIGHT AGREEMENT Page 1 of 3 • • This AGREEMENT shall be binding on Paramount Development Inc, its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this ~ day of ~~. ~, , 20~ CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho By Mayor, DeWeerd ATTEST: \~,~~~ ~ ~F~.--;;;._ ,. ~ .- '` e ~'`'' William G. Berg, Jr., rt Clerk -~ ~~ ~~ ~ ~, ~4. >, ~ ~v. Paramount Development Inc. By President ATTEST: STREET LIGHT AGREEMENT Page 2 ~ 3 STATE OF IDAHO, ) County of Ada, ss. • On this I day of .~/N~' , 20 D~ ,before me, the undersigned, a ATotary Public in and for said State, personally appeared Mayor DEWEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL 0 0 m STATE OF ~~~~,) County of ~~~ ,) ,a e e ss. NOTARY PUBLIC FOR IDAHO RESIDING AT .~~,~ /La ~ MY COMMISSION EXPIRES /Y~ -~.S I~ -~. On this '~ day of ~J71~ ~~- , 20 D~, before me, the undersigned, a Notary Public in and for said State,. personally appeared ~~aL yi'~ %~.c~ri ,~-~ ALL and f ~,e c~ ~,~-, ;~,5 known to me to be the President and Secretary of z rJ~ t~~~v~ho executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~~~ ~Llyr_ V ~~ SEAL ~ ~~ ~ 9~~~~~ NOTARY RESIDING AT MY COMMIS ID STREET LIGHT AGREEMENT Page 3 ~ 3 • April 6, 2007 MERIDIAN CITY COUNCIL MEETING April 10, 2007 APPLICANT ITEM NO REQUEST Approve Beer, Wine 8~ Liquor License Renewals: 5-H 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: NAM'PA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Applicants listed on the Agenda Date: Phone.: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridian. ~• REVISED 04-09-07 REVISED 04-10-07 single-family building lots and 2 common lots on 1.59 acres in a proposed R-8 zone for Deklan Subdivision by Heritage Development, LLC -east of the N'EC of W. 4 Street and Maple Street: Approve E. Approve Budget Amendment for Fire Department for Grant and Donation to purchase a 911 Simulator: Approve for $2135.00 F. Approve Streetlight Agreement for Paramount Subdivision No. . 1 •by Paramount Development, Inc.: Approve G. Approve Streetlight Agreement for Paramount Subdivision No. 3 by Paramount Development, Inc.: Approve _H,. ___Approve_B.eer, Wine and Liquor_Lcense Relnewals~_ Approve ) Round Table Pizza Wingers An American Diner Harks Corner Jack in the Box Quick Stuff Top Shelf Muggsy's Fred Meyer #198 Blue Ribbon Artisans Bistro Louie's Pizza & Italian Restaurant Whitewater Pizza & Pasta Walmart Supercenter #2862 Pier 49 Pizza -- 1551 W. Cherry Lane, Ste 102 3665 E. Overland Road I. ~ Agreement for Professional Services with DC Engineering for Design and Coordination of Installation of Weather Station #2 and SCADA integration: Approve J. Approve Sanitary Sewer and Water Main Easement for TRK 72K Addition by Ron W. Van Auker, Inca: Approve K. Approve Water Main Easement No. 1 for TRK 72K Addition by Ron W. Van Auker, Inc.: Approve L. Approve Water Main Easement No. 2 for TRK 72K Addition by Ron W. Van Auker, Inc.: Approve M. Approve Change Order No. 3 for JC Constructors for WWTP Expansion Project for $232,220.53: Approve Meridian City Council Meeting Agenda -April Y0, 2007 Page 2 of 5 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. • April 6, 2007 MERIDIAN CITY COUNCIL MEETING April 10, 2007 APPLICANT ITEM NO. S-I REQUEST Agreement for Professional Services with DC Engineering for Design 8~ Coordination of Installation of Weather Station No. 2 and SCADA Integration: AGENCY COMMENTS CITY CLERK: CITY ENGJNEER: See Attached Memo /Agreement CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: i? 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. • • Memo To: V1Jill Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer ~C %Z CC: File, Len Grady, Keith Watts Date: 4/3/07 Re: Proposed Agenda Item for April 10, 2006 City Council Meeting .C~~~ APR 0 5 20t1~ City of Meridian City Clerk Office The Public Works Department respectfully requests the following item be .placed on the April 110 City Council agenda, under Consent Agenda, for Council's consideration: Agreement for Professional Services with DC Engineering for Engineering Services for Design and Coordination of Installation of Weather Station #2 and SCADA integration Recommended Council Action: The Public Works Department recommends that City Council approves the Agreement for Professional Services with DC Engineering for Engineering Services for Design and Coordination of Installation of Weather Station #2 and SCADA integration at a cost not to exceed $6940 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 .~ TASK ORDER NO. 0606a CITY OF MERIDIAN (OWNER) AND DC Engineering P.C. (ENGINEER) This Task Order is issued by Owner and accepted by the Engineer pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated January 1, 2007. CITY OF MERIDIAN Weather Station Data Logging and New Weather Station Installation Project PURPOSE The Engineer's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as Engineering Consulting Services per the Engineer's proposal dated 1/1107. TASK 1.1 -PLAN REVIEW /CONSULTATION Per the City's request, Engineer will perform, p5eliminary planning and develop drawings required for the installation of a new weathe , ocation to be determined. Radio signal will be tested before final installation is completed. Also the engineer will purchase and install ODBC driver on the WWTP SQL Server to transfer data from the weather station data base to the SQL data base. The Engineer will also coordinate the installation of the equipment and provide as built drawings on the competition of the project. TIME OF COMPLETION DC Engineering has a capable staff that can start immediately. It is anticipated to take approximately 2 weeks to develop 90% review documents once authorization to proceed has been given. COMPENSATION The Not-To-Exceed amount for this Task Order No. 1 is six thousand five hundred forty dollars ($6,94'0.00). This includes four thousand dollars ($4,500.00) for the weather station, and software. DC Engineering will forward the electrical contractor's invoices directly to the city for payment. Services will be billed per our standard rate of compensation as follows: Principal Engineer, PE: $95 per hour Project Manager: $85 per hour F • • • Engineer: $80 per hour • Designer: $70 per hour • Drafting: $50 per hour • Clerical: $35 per hour CITY OF MERIDIAN BY: TAM d ll~~ WEERD, MAYOR JJ Attest: ,~` ~ ,~p~c~~~;~: ~~~ i WILLIAM G. BERG, JR., ~`~ ~ ~' x _ _ ~~ ~~, ~~, ~P • • April 6, 2007 MERIDIAN CITY COUNCIL MEETING April 10, 2007 APPLICANT Ron W. Van Auker, InC. ITEM NO. 5-~ REQUEST Approve Sanitary Sewer and Water Main Easement for TRK 72K Addition by Ron W. Van Auker, Inc.: 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 MERJDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Attached Memo /Agreement Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • Cft~/ of IVleridian Publ'~ Works Dept. Memo To: Mayor De Weeni & City Council ifretn: Karie Glenn CC: File Da1be: 4/5/2007 Re: Proposed Agenda Items for 4110/07 City Council Meeting . ~~ a~R o ~ zu~~ City of Meridiara City Clerk ®ffice The Public Works Department respectfuly requests that the following items be placed on the 4/10/07 City Counal agenda, on ~e Consent Agenda, for Counal's consideration: ~,1) Sanitarv Sewer and Water Main Easement for TRK 72K Addition by Ron W Van ' Auker. Inc. Typical Sanitary Sewer and Water Main Easement 2) Water Main .Easement #1 for TRK 72K Addition by Ron W Van Auker Inc. Typical Water Main Easement 3) Water Main Easement #2 for TRK 72K Addition by Ron W Van Auker Inc. Typical Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easements for TRK 72K Addition by Ron W Van Auker, Inc and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 • ADA COUNTY RECORDER J. DAVID RO AMOUNT .00 5 BOISE IDAHO 04!20!07 03:20 PM DEPUTY Bonnie Oberbillig III I~IIII,'IIIII~Illllllll',I~LIIII I'll RECORDED-REQUEST OF 107056314 Meridian Ciry SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this day of ~~~~~ 2007 between Ronald W. Van Auker, Inc., 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 the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, Sanitary Sewer and Water Main Easement Page 1 EASMT.S&W.doc ~~~~~~ • which would interfere with the use of said easement, for the purposes stated herein. 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. STATE OF' IDAHO ) ss County of Ada ) L~l On this ~N day of , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Ronald W. Van Auker, known or identified to me to be the President, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. V ~~d J`~~ Q~ARY `° i, ~ '~• •.• P U ~`.`G O Z, •'•.,TA TE ~4_.••~'• N U IC F R III O Sidi gsidi at: (/ a.Cc,o fission Expires: 7 a /-~/p Sanitary Sewer and Water Main Easement Page 2 EASMT.S&W.doc ~.~s- • • CITY OF MERIDIAN ~ ~,;:. , Tammy d Weerd, or ~ ~~,3'c"~~T~, `~~ ~~ ., William G. Berg, Jr., City er ~~z~~ _ =~ ~ ,~~ \; Approved by Council on : ~~, ~ 44~ ~~~`~, ~ ~ Q~5 /~~~~~~~~rir~~i~tttatet~g~~i~~ STATE OF IDAHO, County of Ada, ) ss. -/-6-~ n On this ll ' day of ~.~.X ,2007, before me, the undersigned, a Notary Public in and for the State o Idaho, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ••r~s®~. SEAL ,•' ~,RO~ •.• '2 CAn n~1 ~j,~,~~~ • ~?~~®T,9 ~ • o Notary Public for Idaho '~„~ ; Residing at: ~~'t-C ~ ~~o ~~ • My Commission Expires: (~ - (~- t ~ e i~ ~~ ~ ~ •'9 • ^ • ~ ~•.o~ ~~®•~. ~~.~s+• ~M S EXHIBIT "A" • A Sewer and Water Line Easement over, under and across a portion of the SW1/4 of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a brass cap monument marking the southeast corner of said SW1/4, from which a brass cap monument marking the southwest corner of said SW1/4 bears N90°00'00"W a distance of 2706.17 feet; thence along the East line of said SW1/4 N00°08'09"E a distance of 695.96 feet to a point, thence leaving said East line N89°08'51"W a distance of 282.06 feet to a point marking the POINT OF BEGINNING; Thence S00°51'09"W a distance of 40.00 feet to a point; Thence N89°08'51 "W a distance of 41.44 feet to a point; Thence S00°51'46"W a distance of 45.56 feet to a point; Thence N89°08'51 "W a distance of 3'7.00 feet to a point; Thence N00°51'09"E a distance of 45.56 feet to a point; Thence N89°08'51 "W a distance of 198.07 feet to a point.; Thence N00°51'09"E a distance of 40.00 feet to a point; Thence S89°08'51 "E a distance of 276.51 feet to the POINT OF BEGINNING. Said easement contains 12,746 square feet or 0.29 acres more or less and is subject to all existing easements and orrights-of--ways of record or implied. Attached hereto is "Exhibit B" and by this reference is made a part hereof. C066 L07 72K sewer and water easement KNS 02 02 07.doc ~9~na `T O~ n u ~~ y-,1,1i33J1 1 79 ~ 99 SEWER AND WATER LINE EASEMENT A PORTION OF THE S~PI/4 OF SECTION 9 TO~PNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIA~T ADA COUNTY, IDAHO 2007 O -- -- 1 1 0 ---~----..~~1 I O N89°08'51 "E ~ I 282..06' \\ N00°51'09"E S89'08'S1 "E 276.51' P.0.6. 40.00'-~~ -p ..............................:: •......... 0 I ~ S00'S1'09"W I ~ O- 40.00' N89'08'S1 "W 198.07' ~ ~ I r~ I N00'S1'09~ N89'08'S1 "W o I 45.56' ~ 41.44' I ~- N89'08'S1 "W S00°51'46"W LEGEND 37.00' 45.56' - - - - BOUNDARY LINE LOT LINE I EASEMENT LINE I - _ SECTION LINE I ..................... TIE LINE QO FOUND 5/8" REBAF I ~ CALCULATED POINT I ~ FOUND BRASS CAP I I O P - - - - 8 9 ~- . 17 16 DATE I~ORAWN 8Y: w rn 0 O O I O Z cq ~ I to I (O I I O O -- O O -- O 40.00' -~'"- - - -. N90'00'00"W 2706.17' 16 EAST FRANKLIN RD. 1 /4 CDR. '07 `""' ~ .VAN AUKER 72K BUILDING ADDITION SCALE: 1•~=1.OD• SEWER AND WATER LI N,E EASEMENT PINNY CLE Engineers, Inc. Isss: w. cx.wuw o... sda , m~., moos 9]71J _ (mq) eaz. _ p f, April 6, 2007 MERIDIAN CITY COUNCIL MEETING April 10, 2007 APPLICANT Ron W. Van Auker, Inc. ITEM NO. REQUEST Approve Water Main Easement NO. 1 for TRK 72K Addition by Ron W. Van Auker, Inc: 5-K 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 Memo /Agreement ~lY ~ Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • City of Meridian Public Wolr~cs Dept. Memo To: Mayor De Weerd 8 City Councll From: Kane Glenn CG: File Datie: 4/5/2007 Re: Proposed Agenda Items for 4110/07 City Councll Meeting ~~~ APR 0 5 20(17 City of Meridian City Clerk Office The Public Works Department rgspectfulfy nsquests that the fallowing items be placed on the 4/10/07 City Councll agenda, on the Consent Agenda, for Counal's consideration: 1) Sanitary Sewer and Water Main Easement for TRK 72K Addition by Ron W Van Auker. Inc. Typical Sanitary Sewer and Water Main Easement 2) Water Main Easement #1 for TRK 72K Addition by Ron W Van Auker Inc. '~`~~ Typical Water Main Easement 3) Water Main Easement #2 for TRK 72K Addition by Ron W Van Auker Inc. Typical Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easements for TRK 72K Addition by Ron W Van Auker, Inc and author~e the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 • • ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 04/20/01 03:20 PM RECORDED~nREQUEST OF ~~ ~ ~ ~ ~~ ~~ ~~~~ ~~'~~ ~~~ ~~ ~'~~ ~ ~ ~~ I III I I ~~~ Meridian Ciry 10705631 WATER MAIN EASEMENT ~ I THIS INDENTURE, made this !day of ~ 2007 between Ronald W. Van Auker, Inc., the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline 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 a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) 'The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, 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 the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Water Main Easement Page 1 EASMT.W'TR l.doc P~®~ 5 . r • any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. 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. STATE OF IDAHO ) ss County of Ada R,) On this ,t-~ day of ~- ' , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Ronald W. Van Auker, known or identified to me to be the President, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,,•-- v . w .• ~~Jv.~ r......~1,~,~ , ~~~~oTAs r .,.~ S ~'~ P U By~G O °••; ~ rE of 1°_,~••• Y PU LIC F ~ID O es' ing at: /(/ C fission Expires: 7 ~/_a..p/D Water Main Easement Page 2 EASMT.WTR l.doc 9?a¢~ ~~ r: CITY OF MERIDIAN • ~' Tammy de Weerd, May ,~~ ,~ ~ P~ . .~ \ ~ ~~ ' ~,~ 4~ ~ r.~ slit= ~ ~ - ~ ~~ William G. Berg; Jr., erk -~ ~' Approved by Council on STATE OF IDAHO, ) ss.- County of Ada, ) ~~~ Y4~~' .~ ~Q~ ,,.. /',//~~t~ ~ i H 0 t 1 9 4 4444,~~'\, On this ~~ y 2 da of ,2007, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (~1 SEAL .... ~: 4 / ~~(/~(~l ~i~VV~, ~L~ ••••~ Q~ ~; ••• Notary Public for Idaho ~ ~'`~'%~p ~'.q~~ ; Residing at: "7"1-1~ (G ~ ~~ ..~c~ • ~~-: My Commission Expires: (C?--(~'- ~~ . ~ ~ • ~ e ~ ~ • i i •t11~ i ~ i9~IC. ' i ~ ' O• ••• ®: ~ ~~e~og 5 EXHIBIT "A" • A Water Line Easement over, under and across a portion of the SW1/4 of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a brass cap monument marking the southeast corner of said SW 1/4, from which a brass cap monument marking the southwest corner of said SW1/4 bears N90°00'00"W a distance of 2706.17 feet; thence along the East line of said SW1/4 N00°08'09"E a distance of 1057.46 feet to a 5/8 inch rebar marking the intersection of said East line and the South right-of--way line of the Union Pacific Railroad, thence leaving said East line and along said South right-of--way line N89°07'46"W a distance of 310.46 feet to a point marking the POINT OF BEGINNING; Thence leaving said South right-of--way line SO1°32'28"W a distance of 56.93 feet to a point; Thence N88°27'18"W a distance of 50.38 feet to a point; Thence S00°51'41 "W a distance of 305.25 feet to a point; Thence N89°08'51 "W a distance of 20..00 feet to a point; Thence N00°51'41 "E a distance of 305.49 feet to a point; Thence N88°25'11 "W a distance of 249.51 feet to a point; Thence N00°52'24"E a distance of 20.00 feet to a point; Thence S88°25'36"E a distance of 211.36 feet to a point; Thence NO1 °34' 24"E a distance of 10.00 feet to a point; Thence S88°25'36"E a distance of 20.00 feet to a point; Thence SO1°34'24"W a distance of 10.00 feet to a point; Thence S88°25'36"E a distance of 68.77 feet to a point; Thence NO1°32'28"E a distance of 36.70 feet to a point; Thence S89°07'46"E a distance of 20.00 feet to the POINT OF BEGINNING. Said easement contains 13,448 square feet or 0.31 acres more or less and is subject to all existing easements and orrights-of--ways of record or implied. Attached hereto is "Exhibit B" and by this reference is made a part hereof. ~ ~ ~~ C066107 72K water easement north KNS 02 02 07:doc P2,~8 • EXHIBIT "B" WATER LINE EASEMENT A PORTION OF THE SWi/4 OF SECTION 9 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN ADA COUNTY, IDAHO 2007 ~ ~S88'25'36"E ` ~ ~ ~~~~~~®®~~~ 20.00' ~ ~ . ~`~ r N01'34'24"E S01°34'24"WI N01'32'28"E S89°0746"E 10.00 ~ 10.00' / 36.70' 20.00' \ ~ ~ ~ ~~S88'25'36"E UNION PACIFIC R.R. ~ ~ ` _.' ~ 68.77' _ _ N89°_07_'46"W~ 310.46' p __ __---- _~~~---~-- P.0.6. o S88'25'36"E 21 1.36' ~ ~( 4--q~ I I N00°52'24"E ~-L~ L-ti`- I ~ 20.00' ~ S01'32'28"W N88'25'1 1 "W 249.51' ~ ~ ~ 56.93' N88'27' 18"W O I LEGEND 5.0.38' I - - - - 80UNDARY LINE ~ LOT LINE EASEMENT LINE - - SECTION LINE p ..................... TIE LINE QO FOUND 5/8" REBAR ^ CALCULATED POINT I I I I I I p P 8 9 ~_ . 17 16 TE DRAWN BY: SCALE: 7'=700' FOUND BRASS CAP ml ~}- tL') I O WI V7 I O O ZI I ~ cV O I ~ ~l I O ~~ N89'08'S1 "W 20.00' I I ~ 07 I ~ ~ I ~ W O ~ ~-- O O O O I Z I I I O p 40.00' ~'' N90°00'00"W 2706.17' 16 EAST FRANKLIN RD. 1 /4 COR. VAN AUKER 72K BUILDING ADDITION WATER LINE E A S E M E N T PINN (=oa) ers, inc. o., s,u. e, ew°, iem° • April 6, 2007 • MERIDIAN CITY COUNCIL MEETING April 10, 2007 APPLICANT Ron W. Van Auker, Inc. ITEM NO. 5-L REQUEST Approve Water Main Easement NO. 2 for TRK 72K Addition by Ron W. Van Auker, Inc: 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: NAM'PA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See Attached Memo /Agreement ~~ OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • City of Meridian Publ~ Works Dept. Memo To: Mayor De Weerd & City Councl From: Karie Glenn CC: File Datie: 4/5/2007 Re: Proposed Agenda Items for 4h0/07 City Councll Meeting ~~ ASR 0 ~ 2~U1 City of Meridian City Clerk Office The Public Works Department respecifulfy requests that the following items be placed on the 4/10/07 City Councll agenda, on die Consent Agenda, for Counal's consideration: 1) Sanitary Sewer and Water Main Easement for TRK. 72K Addition. by Ron W Van Auker, Inc. Typical Sanitary Sewer and Water Main Easement. 2) Water Main Easement #1 for TRK 72K Addition by Ron W Van Auker. Inc. Typical Water Main Easement ~_. 3) Water Main. Easement #2 for TRK 72K Addition by Ron W Van Auker. Inc. Typical Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easemerrts for TRK 72K Addition by Ron W Van Auker, Inc and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 • ADA COUNTY RECORDER J, DAVID NAVARRO AMOUNT .00 t BOISE IDAHO 04120107 03:20 PM DEPUTY Bonnie Oberbillig ~~'~ ~ ~ ~~ ~~''~~~ ~~ ~~ ~'~ ~~ ~ ~~ ~ ~'~~ ~~ ~~ ~ ~ ~~~ RECORDED-REQUEST OF 107056313 Meridian City WATER MAIN EASEMENT ~ /, THIS INDENTURE, made this h day of~, 2007 between Ronald W. Van Auker, Inc., the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline 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 a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, 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 the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Water Main Easement Page 1 EASMT.WTR 2.doc Pane n~ ." ~ • any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. 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. STATE OF IDAHO ) ss , County of Ada ) Y On this ~~ day of ~, 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Ronald W. Van Auker, known or identified to me to be the President, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. a~k,4'O ~v Qq--~Y w .~ ~~r 4 ova`' es • 1~ ~-PA TB ~~~+' NO BL F ID Q~ R id' gat: /ll C fission Expires: 7~/-aD/v Water Main Easement Page 2 EASMT.WTR 2.doc _~ • CITY OF MERIDIAN Tammy dg Weerd, Mayor ~/ L William G. Berg, Jr., City Approved by Council on STATE OF IDAHO, • \yyy::y:s.ttr~f,~~ / a....e.. ~`-` icy;: `., f ':•~ ~~~ ~"i `. :~ `•o ~' ~' a ~ ~ ~ ~ ~0v 00 ss. County of Ada, ) ~ ~,~ On this day of ~ ,2007, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .• Q~ ~ ••. SEAL ®~ ~. ~®T~~ ~: t. ° ~ ~ • n ~~ ; ` ~ e ~...• Notary Public for Idaho / Residing at: '"~1~~ t ~J ~, ~~ My Commission Expires: /~~- ( ~ EXHIBIT "A" • A Water Line Easement over, under and across a portion of the SW1/4 of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a brass cap monument marking the southeast corner ofsaid SWl/4, thence along the South line of said SW1/4 N90°00'00"W a distance of 918.05 feet to a point, from which a brass cap monument marking the southwest corner of said SW1/4 bears N90°00'00"W a distance of 1788..12 feet; thence leaving said South line N00°00'00"E a distance of 80.09 feet to a 5/8 inch rebar marking an angle point in the North right-of--way line of East Franklin Road and marking the POINT OF BEGINNING; Thence along said North right-of--way line N90°00'00"W a distance of 20.00 feet to a point; Thence leaving said North right-of--way line N00° 13'43 "W a distance of 218.34 feet to a point; Thence N11 ° 1 T22"E a distance of 219.45 feet to a point; Thence N00°03'23"W a distance of 105.19 feet to a point; Thence S89°08'14"E a distance of 20.00 feet to a point; Thence S00°03'28"E a distance of 106.85 feet to a point; Thence S 11 ° 17'22"W a distance of 219.42 feet to a point; Thence S00°13'43"E a distance of 216.40 feet to the POINT OF BEGINNING. Said easement contains 10,856 square feet or 0.25 acres more or less and is subject to all existing easements and or rights-of--ways of record or implied. Attached hereto is "Exhibit B" and by this reference is made a part hereof. C066dA7 72K water easement KNS 02 02 07.doc Pages ~ i EXI-IIE.IT 99 E 99 WATER LINE EASEMENT A PORTION OF THE SW1/4 OF SECTION 9 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN ADA COUNTY, IDAHO 2007 0 LEGEND - - - - BOUNDARY LINE LOT LINE ~ EASEMENT LINE UNION PACIFIC R.R. 0 S89'08' 14"E I 20.00' I ' - SECTION LINE N00°03'23"W S00°03'28"E """"""'-'"°~- TIE LINE 105.19' I I~ 106.85' ~ QO FOUND 5/8" REBAR CALCULATED POINT FOUND BRASS CAP O u~l I ~ I ~ I ° =~ I I N I N I I I I I I I I I I I 0 P - - 8 9 ~~ . 17 16 _ CHECKED BY: - _ _ KNS DATE 02-02-07 T- DRAWN BY: CWS _- SCALE: .„ 1"=1'00' 1788_12' ^' / N ZI ~~' N I ~I I O I ~I I ~ I I ~.,~ I I fV ZI I p I N90'00'00"W 20.00' 0 o P.O.B. I I ~~N00°00'00"E 80.0' 918.05' 9 ' p. N90°00'00"W 2706.17' 16 EAST FRANKLIN RD. 1 /4 COR. ,0~ VAN AUKER 72K BUILDING ADDITION WATER LINE E A S E M E N T PINNY CLE Engineers, Inc. 12533 w. Exuvtiw Or.. Suile B, 9aue, iaano 93]13 ~xoe~ ear-n9o ' o • April 6, 2007 • MERIDIAN CITY COUNCIL MEETING April 10, 2007 APPLICANT ITEM NO. S-M REQUEST Approve Change Order No. 3 for JC Constructors for WWTP Expansion Project for $232,220.53: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY .PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridian. COMMENTS See Attached Memo /Agreement • • ~~ emo APR Q 5 2~~i7 City of Meridian To: William Berg, Jr.; Tara Green City Clerk Office From: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer Date: 04/05/2007 Re: Proposed Agenda Items for April 10, 2007 City Council Meeting The Public Works Department respectfully requests the following item be placed on the April 10 City Council agenda, under consent agenda, for Council's consideration: Change Order No. 3 for the Wastewater Treatment Plant Expansion Project. Additional work is required for the wastewater treatment plant expansion project. This change order consists of the following work, which is 2.77% of the original contact amount for the project. This makes the total changes from Change Order No. 1, 2, and 3 equal to 4.8% of the original contract amount. • Provide additional electrical work for control module for Aeration Basin Drain Pump. • Relocate Primary Effluent samples location. • Grout Aeration Basin effluent trough. • Add VFD to Primary sludge Pump, and relocated LCP beyond classified area. • .Provide additional pipe supports for the Aeration Basin overhead air header piping. • Add redundant level (pressure) sensor for Secondary Pump Station control. • Change locations and add non-potable water hydrants. • Install temporary RAS discharge connections. • Provide and install stainless steel piping and diffusers for agitation air to secondary splitter. • Relocate plant drain, and add clean-0uts, along east edge sludge drying beds to clear underground piping. • Relocate plant drain, and add manholes, south of the Secondary splitter Box to clear underground piping. • Import backfill material due to unforeseen unsuitable soil conditions encountered during excavation. JC Constructors, Inc. submitted a cost for this change order as summarized below: JC Constructors, Inc. $232,220.53 • Page 1 • • Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 3 for the Wastewater Treatment Plant Expansion with JC Constructors, Inc. for $232,220.53 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 2 • CHANGE ORDER 3 PROJECT: City of Meridian Wastewater Treatment Plant Expansion Project DATE OF ISSUANCE: January 31, 2007 OWNER: City of Meridian CONTRACTOR: JC Constructors; Inc., EFFECTIVE DATE: January 31, 2007 ENGINEER: Cazollo Engineers Page 1 of 2 You are directed to make the following changes in the Contract Documents. • Provide additional electrical work for control module for Aeration Basin Drain Pump (RFP l0A) • Relocate Primary Effluent samples location (RFP 16) • Grout Aeration Basin effluent trough (RFP 17) • Add VFD to Primary sludge Pump, and relocated LCP beyond classified area (RFP 14A) • Provide additional pipe supports for the Aeration Basin overhead air header piping (WCD 016A). • Add redundant level (pressure) sensor for Secondary Pump Station control (WCD 019A). • Change locations and add non-potable water hydrants (WCD 20) • Install temporary RAS discharge connections (WCD 21) • Provide and install stainless steel piping and diffusers for agitation air to secondary splitter (WCD 022A) • Relocate plant drain, and add clean-outs, along east edge sludge drying beds to clear underground piping (WCD 23A) • Relocate plant drain, and add manholes, south of the Secondary Splitter Box to cleaz underground piping (WCD 24) • Import backfill material due to unforeseen unsuitable soil conditions encountered during excavation. Attachments: JC Constructors Change Proposal Request - (RFP l0A rev 1) - 18 December, 2006 for $2,.100.07 JC Constructors Change Proposal Request - (RFP 16) - 16 November 2006 for $782.06 JC Constructors Change Proposal Request - (RFP 17) - 18 December, 2006 for $2,060.69 JC Constructors Change Proposal Request - (WCD 14A) - 29 November 2006 for $21,593.83 JC Constructors Change Proposal Request - (WCD 16A) - 14 December 2006 for $30,311.37 JC Constructors Change Proposal Request - (WCD 19A) - 12 December 2006 for $3,442.00 JC Constructors Change Proposal Request - (WCD 20) - 18 January 2007 for $22,997.50 JC Constructors Change Proposal Request - (WCD 21) - 29 November 2006 for $9,200.74 JC Constructors Change Proposal Request - (WCD 22A) - 12 December 2006 for $5,696.23 JC Constructors Change Proposal Request - (WCD 23A) - 19 December 2006 for $4,233.94 JC Constructors Change Proposal Request - (WCD 24) - 19 February 2007 for $24,352.85 JC Constructors Change Proposal Request - (Backfill) - 13 December 2006 for $105,449.25 CHANGE IN CONTRACT PRICE: Original Contract Price $ 8 367,$00.00 CHANGE IN CONTRACT TIMES: Original Contract Times Substantial Completion: 670 Davs - September 1, 2007 2007 ment: 730 Davs -November I for Final Pa Read , y y days or dates Net Changes from previous Change Orders No. 1 to No.? 0 Net Changes from previous Change Orders No. 0 to No. 0 $ 171 3 6.54 Days Contract Price prior to this Change Order 8 538 806.54 Contract Times prior to this Change order Substantial Completion: 670 Davs - September 1, 2007 Ready for Final Payment: _ 730 Davs - November 1, 2007 t d d es ays or a Net Increase (decrease of this Change Order) 2 20 53 Net Increase (decrease of this Change Order) ~ 2 . $ 23 - days Contract Price with all approved Change Orders $ $ 771 027.07 Contract Times with all approved Change Orders Substantial Completion: 670 Days - September 1, 2007 Ready for final payment: 730 Davs -November 1, 2007 days or dates PROJECT: City of Meridian Wastewater Treatment Plant Expansion Project DATE OF ISSUANCE: January 31, 2007 EFFECTIVE DATE: January 31, 2007 OWNER: City of Meridian CONTRACTOR: JC Constructors, Inc., ENGI3VEER: Carollo Engineers Page 2 of 2 RECOMMENDED BY OWNER: ACCEPTED BY CONTRACTOR: By: v 7i By: Clint Dolsby, P.E., ublic Works Jim Cox, .C. Co Date: Y ~4 ~ Q~ Date: G 0 CHANGE ORDER 3 • APPROVED BY OWNER: C :.~_ Clint Dolsby, P.E., Public Works Attest: William G. Berg, Jr., City Clerk l Date: ~ Iy v~ Tammy de Weerd, Mayor Date: Date: Approved by City Council: • • CHANGE PROPOSAL REQUEST 1.PROJECT MERIDIAN WWTF 2_CONTRACTOR JC CONSTRUCTORS 3:PROJECT NO. 14s Change Proposall~ Rf P 10A rev 1 IMPROVEMENTS S.CON`CRACT NO. 6.PROPOSAL DATE 18-DeC-06 DESCRIPTION OF CHANGE The costs associated' with part I of RFP 10 have already been submitted. Below are the costs for the electrical subcontractor to make the specified electrical upgrades. Minus 3 plug ends. COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct labor w! labor fringes (Attach supporting detail estimates witFT nwrtwuTS and rates) $ - 2. Insurance and Labor Taxes $ _ 3. Materials and Equipment. Detailed quanfR'Ies attached. $ _ 4.Overhead & Fee aLD 1596 $ _ $ - Time Extention Requested 0 WOfI(ir1A daY JC Canstnx.-tors' Cost $ - B. For work to be performed by subcontractors, per proposals and detailed breakdowns i. SUBCONTRACTORNAME CATEGORY OF WORK AMOUNT Custom Electric 'Electrical 1970.51 z TOTAL SUBCONTRACTOR AMOUNT (INCLUDING SUB. orldP): $ 1,970.51 a CONTRACTORS COMMISSIONON TOTAL SUBCONTRACTOR AMOUNT ~ 5 PERCENT: $ 98.53 CONTRACTORS BONDCOST ~ $.018!7000 $ 31.04 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+85) $ 2,100.07 JC CONSTRUCTORS, INC. EON77LlCTCVT NAME Jim Cox PRINTED NAME ON PROAOSAL SIGNATURE/GATE Page 1, JCC • • CHANGE PROPOSAL REQUEST 1.PROJECT MERIDIAN WWTF 2.CONTRACTOR 3.PROJECT NO. 148 Change Proposal # RFP 046 IMPROVEMENTS JC CONSTRUCTORS 5_CONTRACT NO: 6.PROPOSAL GATE 16-Nov-06 DESCRIPTION OF CHANGE .Relocate sample tap to SPS from PCL #3 COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR t . Direct labor w/ labor finger (Attach supporting detail estimates with man-hours and rates) $ 2. Insurance and Labor Taxes $ 3. Materials and Equipment. Detailed quantities attached. $ 4. Overhead 8 Fee (3~ 15% $ $ Time Extention Requested 0 working daY JC Constructors' Cost $ - 670.00 100.50 - 770.50 B. For work to be performed by subcontractors, per proposals and detailed breakdowns 1. SUBCONTRACTOR NAME CATEGORY OF WORK AMOUNT 2 TOTAL SUBCONTRACTOR AMOUNT (INCLUDWG SUB. OMBP); $ _ CONTRACTORSCOMMISSION ON TOTAL SUBCONTRAGTOR.AMOUN7 ~ 5 PERCENT: $ 70NTRACTORS BOND COST ~E.018/too0 $ 11.56 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8;85) $ 782.06 JC CONSTRUCTORS, INC. CONTRACTOR NAME Jim Cox PRINTED NAMEDN PROPOSAL Page 1, JCC U • CHANGE PROPOSAL REQUEST 1:PROJECT MERIDIAN WWTF 2.CONTRACTOR JC CONSTRUCT RS 3.PROJECT NO. 148 Change Proposal # RFP B~' ai ? IMPROVEMENTS O S.CONTRACT NO: 6.PROPOSAL DATE 12-Dec-06 DESCRIPTION OF CHANGE This ..request originally had 2 parts. 1. Grout the launder base at AB 384. 2. Provide and install weirs at AB Basins 384 This proposal pricing is specific to the grouting of the launder only. Costs for chipping concrete to provide 2" deep channel, setting screeds, placing and finishing, concrete, and weather protection. COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1, Oirect labor wf labor fringes (Attach supporting detail estimates with manfiours and rates) $ 837.70 2. Insurance and Labor Taxes $ 1 g7,73 3. Materials and Equipment. Detailed quantities attached: $ 730.00 4. Overhead S Fee @ 15°k $ 264.$1 $ - Time Extension Requested 0 working day JC Constructors' Cost $ 2,030.24 B. For work to be perfomled by subcontractors, per proposals and detailed breakdowns t. ~SUBCONTRACTORNAME CATEGORY OP WORK AMOUNT 2 TOTAL SUBCONTRACTOR AMOUNT (INCLUDING SUB. OHSP): $ - CONTRACTORSCOMMISSIONON TOTAL SUBCONTRACTOR AMOUNT LEA 5 PERCENT: $ - CONTRACTORS BONDCOST ~ S:O1Bllooo $ 30.45 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+g5) $ 2,060.69 JC CONSTRUCTORS, INC. CONTRACTOR NAME Jim Cox PRlN7ED NAME ON PROPOSAL /DATE Page 1, JCC • • CHANGE PROPOSAL REQUEST 1.PROJECT MERIDIAN VI/WTF 2.CONTRACTOR JC CONSTR C 3.PROJEGT NO. 148 Change Proposal # WCD-014A IMPROVEMENTS U TORS 5.CONTRACT NO: 6.PROPOSAL DATE 29-Nov-06 .DESCRIPTION OF CHANGE Additional cost to modify Primary Clarifier and Sludge pump controls COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct labor w/ labor fringes (Attach supporting detail estimates with man-hours and rates) $ 4,010:97 ~2. Insurance and Labor Taxes $ 931.82 3. Materials and Equipment. Detailed quantities attached. $ 4,096.00 4. Overhead & Fee ~ 15% $ 1,355.82 $ - Time Extention Requested 0 WOrlclnq daV JC Constructors' Cost $ 10,394.61 B. For work to be performed by subcontractors, per proposals and detailed breakdowns . ~. SUBCONTRACTOR NAME CATEGORY OF WORK AMOUNT Custom Electric $ .3,1.88.00 Penn Valle Pump $ 680.00 Increase mortor size to 7.5 HP Penn Valle Pum $ 6,494.00 Chan a to relocated VFD r fOTAL SUBCONTRACTOR AMOUNT (INCLUDING SUB. OHSP): $ 10, 362.00 • :ONTRACTORS COMMISSION ON TOTAL SUBCONTRACTOR AMOUNT ~ 5 PERCENT: $ 515.10 ;ONTRACTORS BOND COST ~ f.01&1000 $ 31 9.12 :. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+BS) $ 21,593.83 JC CONSTRUCTORS, INC. CONTRACTOR NAME Jim Cox PRINTED.NAME ON PROPOSAL SIGNATURE/DATE Page 1, JCC • CHANGE PROPOSAL REQUEST 1.PROJECT MERIDIAN WWTF 2.CONTRACTOR JC CONSTRUCTORS 3.PROJECT NO. 148 Change Proposal # ~ ~~O ~ IMPROVEMENTS S.CONTRACT NO: 6.PROPOSAL DATE 14Dec-06 DESCRIPTION OF CHANGE FINAL CHANGES TO OVERHEAD AIR PIPE THROUGH ROOF WITH VARIED SUPPORTS. THIS CHANGE REQUEST IS TO CLEAN UP FINAL LATE DESIGN CHANGES. COST SUMMARY A_ FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct labor w! labor fringes (Attach supporting detaH estimates with manfiours and rates) $ Y0,919.57 2. Insurance and Labor Taxes $ 2,522.37 3: Materials and Equipment. Detailed quantities attached. $ 12,526.25 4. Overhead & Fee ~ 15% $ 3,895.23 $ - Time Extention Requested 0 working day JC Constructors' Cost $ 29,863.42 B. For work to be performed by subcontractors, per proposals and detailed breakdowns 1. SUBCONTRACTOR NAME ~ CATEGORY OF WORK AMOUNT 2 TOTAL SUBCONTRACTOR.AMOUNi (INCLUDINGSUB. OH&P): $ 3 CONTRACTORS COMMISSION~ON TOTAL SUBCONTRACTOR AMOUNT @ 5 PERCENT: $ - CONTRACTORS BOND COST ~ E.018/1000 $ 447.95 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+BS) $ 30.,311.37 JC CONSTRUCTORS, INC. r CONTRACTOR NAME Jim Cox PRMTEDNAMEONPROPOSAL SIG E/DATE U Page 1, JCC • _:• CHANGE PROPOSAL REQUEST 1.PROJECT MERIDIAN WWTF 2.CONTRACTOR JC CONSTRUCTORS 3.PROJECT NO. ~~ Change Proposal p WCD #19A IMPROVEMENTS S.CONTRACT NO: 6.PROPOSAL DATE 12-Dec-06 DESCRIPTION OF CHANGE Add an additional stilling welt and level sensor at the SPS for redundant level control. This WCD has been revised to eliminate the scada programming COST SUMMARY I A. FOR CHANGE WORK DIRECTLY PERFORMED 8Y THE UNDERSIGNED CONTRACTOR 1. Direct labor w/ labor fringes (.attach supporting detail estimates with man-hours and rates) $ 478.02 2. Insurance and Labor Taxes $ 118.16 3. Materials and Equipment. Detailed quantRies attached. $ 434.57 4. Overhead & Fee @ 15% $ 154.61 $ - Time Extension Requested 0 working daV JC Constructors' Cost $ 1,185.37 B. For work to be performed by subcontractors, per proposals and detailed breakdowns SUBCONTRACTOR NAME CATEGORY OF WCRK AMOUNT Custom Electric Electrical and Controls i 886.98 Boise sawcuttin Concrete Sawin $ 213.75 z TOTAL SUBCONTRACTOR AMOUNT (INCLUDING SUB. OM3P): $ 2,100.73 CONTRACTORSCOMhtISSION ON TOTAL SUBCONTRACTOR AMOUNT ~ 5 PERCENT: $ 105.04 CONTRACTORS BOND COST ~ 5.01811000 $ 50.87 C_ TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+g5) $ 3,442.00 JC CONSTRUCTORS, INC. CONTRACTORNAME Jim Cox PR/NTED'NAME ON PROPOSAL SIGNATURE/DATE Page 1, JCC • • CHANGE PROPOSAL REQUEST 1_PROJECT MERIDIAN WVVTF 2.CONTRACTOR J CONST 3.PROJECT NO. ~~ Change Proposal # 1NCD-020 IMPROVEMENTS C RUCTORS S.CONTRACT NO: 6.PROPOSAt DATE 18tiJan-07 DESCRIPTION OF CHANGE Change piping and hydrant type and location as required. COST SUMtNARY A FOR CHANGE WORK DIRECTLY PERFORNFED BY THE UNDERSIGNED CONTRACTOR 1. Direct labor w/ labor fringes (Attach supportirxl detail estimates with man-hours and rates) ~ $ 3,628.75 2. Insurance and tabor Taxes ~ $ 831.81 .3. Materials and Equipment. Detailed quantities attacried. $ 7,805.00 4.Overhead 8 Fee Q 5% $ 1,839.83 $ - Ttme F_xtention Requested 0 working daY JC Constructors' coat $ 14,105.39 B. For work to be performed by subcontractors, per proposals and detailed breakdowns t. SUBCONiRACTORNAAIE CATEGORY OF WORK AMOUM Ca ital C" Plurrtbin $ 8,145.00 orAL suecaHrRncroR arourrr iwcLUOnaG sua o-iaPi: $ 8,145.00 oxTRACroRS coeaassroN aN TnrAL suecoarw~TOR Ar~ptJNf ~ s PERCENT: $ 407.25 oNTTiacTORS BONDCaST ~ f.0lanaoo $ 339.86 . TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8sB5) $ 22, 997.50 JC CONSTRUCTORS, INC. cwvrieacraznianeF Jim Cox P'RHITEO NAME ON PROPOSAL TE ?age 1, JCC • ~s CHANGE PROPOSAL REQUEST ~ .PROJECT MERIDIAN WWTF 2.CONTRACTOR 3.PROJECT NO. ~~ Change Proposal !t WCD OZ1 IMPROVEMENTS JC CONSTRUCTORS S.CONTRACT NO: 6.PROPOSAL DATE 29-Nov-06 DESCRIPTION OF CHANGE Install temp RAS bypass @ RAS Metering vault COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct labor w/ labor fringes (Attach supporting detail estunates with man-hours and rates) $ 1,973.16 2. Insurance and Labor Taxes $ 464.25 3. Materials and Equipment. Detailed quantities attached. $ 5,445.00 4. Overhead & Fee @ 15% $ 1,182.36 $ - Time ExtenUon Requested 0 working day JC Constructors' Cost $ 9,064.77 B. For work to be performed by subcontractors, per proposals and detailed breakdowns ~. SUBCONTRACTOR NAME. CATEGORY OF WORK AMOUNT 3 TOTAL SUBCOrfTRA_CTORAMOUNT QNClt1DINGSUB. OMBP): 3 CONTRACTORS COMMISSION ON TOTAL SUBCONTRACTOR AMOUNT ~ 5 PERCENT: $ - :AMRACTORS BOND C057 ~ f.01&7000 $ 135.97 C. TOTAL INCREASE OR DECREASE Of CONTRACT PRICE - (AB+BS) $ 9,200.74 JC CONSTRUCTORS, INC. CONTRACTOR NAME Jim Cox PRINTED.NAME ONPROPOSAL SIGNATURE/DATE Page 1, JCC • • CHANGE PROPOSAL REQUEST t.PROJECT 2.CONTRACTOR 3.PROJECT NO. ~~ p~ ~ MERIDIAN ~iVWTF JC CONSTRUCTORS ~4s WCD - 22A IMPROVEMENTS S.CONTRAC7 NO: 6.PROPOSAL GATE 12-0ec-06 :DESCRIPTION OF CHANGE Supply and manufacture of a course air system for the secondary sputter structure. The .package from Sanitaire did not include supply of the course air system. JC is able to buy and .manufacture the system to Sanitaire spec cations with off the shelf parts except for the diffusers. The scope of this change includes ovefiead piping attached to the existing blower building per the revised WCD 22 which became ZZA. JCC will install and clean water-test the system in a manner similar to the diffusers in AB 38.4. Installation and functional testing are part of the original bid scope. COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED L?tY THE UNDERSK3NED CONTRACTOR t. Direct labor w/ labor ~ Attach supportetg detaB estisnaDes wan rnarr~frours and races) $ 1, 915.02 2. Irwuanoe and tabor taxes $ 475.02 3. Materiels end Equipmer+l. Demeaaa QvaAtit>es atmcned. $ 2 490.00 a. Overhead r~ Fee ~ ts% $ 732.01 Time Exterrtion,Requested O woridncl daY JC Constructors' cost $ 5,612.05 8. For work to be performed by subcotrtracbors, per proposals and detailed breakdowns t. SUBCONTRACT NAME CATEGORY OF WORK AMOUNT 2 TOT_ AL SUBOONIRNCTOR AMgUNT (iNCUl01NG SUB. OHdP~ $ CONTRACTORS COMMISSIOW ONTOTAL SUBCONTRALTOR AMOUNTS 5 PH2CENT; $ CONTRACTORS BOND COST ~ 5.018/1000 $ 84.18 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+86) $ $, 696.23 JC CONSTRUCTORS, INC. coNTRACTORnuere Jim Cox PRINTEDNAMFON.FROFt~SAt S/GNA776dE/DATE Page 1, JCC • • CHANGE PROPOSAL REQUEST 1.PROJECT MERIDIAN WWTF 2.CaNTRACTOR JC CONSTRUCTORS 3.PROJECT NO. ~~ Change Proposal p ~~ ~~-3 IMPROVEMENTS 5.CONTRACT NO: s.PROPOSAL DATE 19-0ec-06 DESCRIPTION OF CHANGE The 8" drain line at the west end of the areation basins was in conflict with the ML line. The line was offset with some 45deg fittings to the west. The City asked that we add two clean-outs at each end of the offsets. COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct latwrw/ laiwr fringes (Attach supporting detail estimates wdh man-hours and rates) $ 851.12 2. Insurance and Labor Taxes $ 195.91 3. Materials and Equipment. Detailed quantities attached_ $ 2,580.25 4. Overhead & Fee ~ 15% $ 544.09 Time Extention Requested 0 WOfklflq daV JC Constructors' Cost $ 4,171.37 B. For work to be performed by subcontractors, per proposals and detailed breakdowns ~. SUBCONTRACTOR NAME CATEGORY CF WORK AMOUNT 2 TOTAL SUBCONTRACTOR AMOUNT (OVCLUDINGSUB. OtidP); $ - 3 CONTRACTORS COMMISSION ON TOTAL SUBCONTRACTOR AMOUNT ~ 5 PERCENT: ~ - CONTRACTORS BONO COST ~.E.O1B/7000 $ 62.57 C. TOTAL INCREASE OR DECREASE OF CONTRACTPRICE - (A8;BS) $ 4,233.94 JC CONSTRUCTORS, INC. CONT7LtCTOR NAME Jim Cox PRMTEDNAME ON PROPOSAL SIGNATURE/DATE Page 1, JCC • • CHANGE PROPOSAL REQUEST 1.PROJECT 2.CONTRACTOR 3.PROJECT NO. Change Proposal # MERIDIAN WWTF JC CONSTRUCTORS 148 WCD - 24 IMPROVEMENTS 5.CONTRACT NO: 6.PROPOSAL DATE 19-Feb-07 .DESCRIPTION OF CHANGE Install two new manholes, relocate drying bed drain to allow proposed pipe routing per plans. Change is due to unforeseen thrust block on existing drain manhole at existing mixed liquor piping. .piping. New manholes will replace existing manhole, with a rerouted drain. The new manholes will allow space for proposed mixed liquor lines. COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Dived labor w/ labor finges (Attach supporting detaft estimates wtth manfiours and rates) $ 6,522.37 2. Insurance and Labor Taxes $ 1,415.80 3. Materials and Equipment. Detailed quantities attached. $ 12,823.00 4. Overhead & Fee @ 15% $ 3,114.18 $ - Tlme Extentlon Requested 0 working day Jc conswctons' cost $ 23,875.34 B. For work to be performed by subcontractors, per proposals and detailed breakdowns a. SUBC,ONTRACTOR.NAME CATEGORY OP WORK AMOUNT Y TOTAL SUBCONTRACTOR AMOUNT (INCIUOING SUB. ONQP): $ CONTRACTORSCOMMISSK)NON TOTAL SUBCONTRACTOR AMOUNT Q 5 PERCENT: ,$ ~ - coNTRACroas eoNO cosT ®s.o~enoao $ 477.51 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+B5) ~ $ 24,352.85 JC CONSTRUCTORS, INC. CONTRACTOR NAME Jtm Cox PRINTED NAME ON PROPOSAL R /DATE v Page 1, JCC < • • CHANGE PROPOSAL REQUEST 1.PROJECT MERIDIAN WWTF 2.CONTRACTOR JC CONSTRUCTORS 3.PROJECT NO. 14s Change Proposal # IMPROVEMENTS S.CONTRACT NO: 6:PROPOSAL DATE 13-Dec-06 DESCRIPTION OF CHANGE Additional cost to buy imported backfill material due to unforeseen unsuitable subsurface soils encountered during the excavation of the new process structures. Costs are only to purchase .material needed to replace the unsuitable material. COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct labor w/ Tabor fringes (Attach supporting detail estimates with rnan-hours and rates) $ _ 2. Insurance and Labor Taxes $ _ 3. Materials and Equipment. Detailed quantities attached. $ 98,943.70 4. Overhead & Fee ~ 5% $ 4,947.19 $ - Time Extention Requested 0 working daY JC Constructors' Cost $ 103,890.89 B. For work to be performed by subcontractors, per proposals and detailed breakdowns ~. SUBCONTRACTOR NAME CATEGORY OF WORK AMOUNT 2 TOTAL SUBCONTRACTOR AMOUNT (INCLUDING SUB. OHBP): $ _ J CONTRACTORS COMMISSION bN TOTAL SUBCONTRACTOR AMOUNT @ 5 PERCENT: $ _ CONTRACTORS BOND COST (815.07811000 $ 1, 558.36 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+BS) $ 105,449.25 JC CONSTRUCTORS, INC. ^- CONTRACTOR NAME Jim Cox PRINTEG NAME ONPROPOSAL ~ /DATE V Page 1, JCC • April 6, 2007 MERIDIAN CITY COUNCIL MEETING April 10, 2007 APPLICANT ITEM NO. S-N REQUEST Approve Change Order No. 1 for Water Division Building Project with Ira-Mac for $105,074.00: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Memo /Agreement Date: Phone: Emailed: Staff Initials: Materials presented of public meetings shall become property of the CHy of Meridian. Memo To: Will Berg; Tara Green From: Max Jensen, Engineering Technician CC: Brad Watson, P.E., Public Works Director Rids Clinton,l,Nater Department Superintendent Date: 4/5/2007 • RECEIVED APR 0 5 2007 City Of IVleridisn City Clerk Office Re: Proposed Agenda Item for April 10, 2007 City Council Meeting The Public Works Department respectfully requests the following item be placed on the April 10, 2007 City Council agenda, under Consent Agenda, for Council's consideration: Change Order No. 1 for the Water Division Building proiect (construction). Additional work is required for the excavation of existing concrete structures, from when site was the Wastewater Treatment facility, that were found during site excavation. These structures laved in the footprint of the new Water Division Building and needed to be removed for the new building footings. This change order consists of the following work and amounts to 63% of the construction contract: • Provide all labor and materials to remove unforeseen underground structures and import and place structural fill. Kreizenbeck Constructors (The City of Meridians' project construction managers) submitted a change order for this increase. Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 1 for the Water Division Building project (construction) with Ira-Mac, Inc for $1:05,074.00 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. Originals will be sent for signature upon review. From the desk of... Max Jensen Engineering Technidan Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 Phone: {208) 8985500 Fax: (208)598-9551 jensenm@meridianaty.org • Page 1 • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER • CHANGE ORDER NO. 1 PROJECT NO. 0607a DATE: 04/07/07 EFFECTIVE DATE: CONTRACTOR: Ira-Mac, Inc. PROJECT: Water Division Building The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Desciption: Provide all labor and materials to remove existing unforseen underground structures and import and place structural fill. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for change order: Burried existing concrete structures, from when site was the Wastewater Treatment facility, were found Burring site excavation. These structures laved in the footprint of the new Water Division Building and needed to be removed for the new building footings. Attachements: AIA Document G701/CMa - 1992 Change Order -Construction Manager-Advisor Edition Submitted by Kreizenbeck Constructors CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 180,275.00 Original Contract Times: Completion Net changes form previous Change Orders Net changes form previous Change Orders No._0_ to _0_ No._ to _ (calendar days) $0.00 None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days or date) $180,275.00 Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order. (calendar days or date) $105,074.00 Completion by .Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $285,349.00 RECOMMENDED: (CONSTRUCTION MANAGER) ACCEPTED: (CONTRACTOR) By: ~v~'`-~ By: Date: . T7 . o Date: APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVEDc (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Will Berg Jr. Date: Date: • =~- Document G701/CMa -1992 Change Order -Construction Manager-Adviser Edition PROJECT (1~ame and address): CHANGE ORDER NUMBER: 001 OWNER: Meridian Water Department Building 06- INITIATION DATE: March 30, 2007 CONSTRUCTION MANAGER: 021 2235 Northwest 8th Street ARCHITECT: Meridian, Idaho 83642 CONTRACTOR: FIELD: ~ TO CONTRACTOR (Name and address): PROJECT NUMBERS: 06-021 / 15300 OTHER: ^ Ira-Mac, Inc. CONTRACT DATE: February 20, 2007 2785 South Liberty CONTRACT FOR: General Boise, Idaho 83709 Construction ICR No. RCE-1442 Public Works License No. 11061-A- 4(02850,03300,01542,02220,02210, 02310,02318,02890,02500) THE CONTRACT IS CHANGED AS FOLLOWS: 1) Provide all labor and materials to remove existing unforseen underground structures and import and place structural fill. All work was completed as agreed upon by Kreizenbeck Constructors, Ira-Mac, and Meridian Public Works. $105,074.00 The original Contract Sum was $ 180,275.00 Net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 180,275.00 The Contract Sum will be increased by this Change Order in the amount of $ 105,074.00 The new Contract Sum including this Change Order will be $ 285,349.00 The Contract Time will be unchanged by Zero (0) days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive. AIA Document G701/CMaT"' -1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:19:08 on 03/30/2007 under Order No.1000280013_1 which expires on 1;1712008, and is not for resale. User Notes: (1173568455) NOT VALID UNTIL SIGNED BY THE OWNER, CONSTRUCTION MANAGER, ARCHITECT AND CONTRACTOR. Kreizenbeck, LLC DBA Kreizenbeck Constructors CONSTRUCTION MANAGER (Firm name) 251 East r t Street, Suite 110, Boise, Idaho 83702 ADD ~ ~~~ BY (Stgnature) Michael J. Berard 29167 (Typed name) ATE: BRS Architects ARCHITECT (Firm name) 101.0 S. Allante Street, Suite 100, Boise, ID 83709 ADDRES ~t BY (Signature) ~~iar~i Z' (Typed name) D Ira-Mac, Inc.. CONTRACTOR (Firm name) 2785 South Liberty, Boise, Idaho 83709, ICR No. RCE- 1442, Public Works License No. 1106.1-A-4(02850, 03300, 01542, 02220, 02210, 02310, 02318, 02890 0?500) ADDRESS (Signature) (Typed name) DATE: City of Meridian OWNER (Firm name) 660 East Watertower, Suite 200, Meridian, Idaho 53642 ADDRESS BY (Signature) Brad Watson (Typed name) DATE: AIA Document G701/CMaTM-1992. Copyright ©1992 by The American Institute of Architects. All rights reserved. WARNING: This AIAs Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:b9:06 on 03/30!2007 under Order No.10002800 i3 1 which expires on t/i7/2008, and is no; for resale. User Notes: (7 773500"8C~5) April 6, 2007 • MERIDIAN CITY COUNCIL MEETING April 10, 2007 APPLICANT ITEM NO. S-O REQUEST Approve SWAC Recommendation for Funding of Playground Equipment Purchase of $6,038..00 for Bedford Place Homeowners Association; AGENCY COMMENTS CITY CLERK: See Email from Samantha Miller CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • Page i of 1 Sharon Smith From: Syrnantha Miller [symiller@sscwaste.comj Sent: Friday, April 06, 2007 12:23 PM To: Sharon Smith Cc: Bill Nary; Will Berg Subject: Agenda Items The Solid Waste Advisory Committee reviewed and approved funds for the following applications: Bedford Place Homeowners Association, $6,038.00 for the purchase of playground equipment for general public use. The Vineyards Homeowners Association, $1.,119.00 for the purchase of benches for general public use. Please place these items on the agenda for the City Council to review on April 10, 2007. I will provide copies of the application for the Council to review in advance. Thank you, Symantha Miller Sanitary Services Co. 4/6/2007 ., • • Community Recycling Fund Application Review Form The Solid Waste Advisory Committee to the City of Meridian has made the following decisions regarding distributing expenditures from the Community Recycling Fund. Organization: Review Date: Bedford Place Homeowners Assn. Apri15, 2007 3313 W. Cherry Lane, PMB 317 Meridian, ID 83642 Amount Requested: Proposed Project: $6,037.18 Playground Equipment Amount Awarded: Application Date: $6,038.00 March 29, 2007 Date Presented to Council: Reviewed By: Apri110, 2007 .Bill Nary Reason for variance, if applicable: Nancy Mann Rounded up to the nearest dollar. Brad Watson Tax ID # 82-0485135 Jaycee Holman Notes: SWAG would like a letter from applicant stating that the public has full access to the playground equipment and also add a line to the signage stating the same. Upon receipt of the letter, the SWAG will approve the application. . Symantha Miller spoke with applicant on Bill Nary Apri15, 2007. Letter was received on Apri16, 2007 and distributed to the SWAC. Date . ~'~ • • l~i~•ferrr(itm .. ~--~-- `~ Community Recycling Fund Application This opplication is to be completed by organizations applying. for community recycling funding. Please note: We can ordy confider appikalbnf for protects wtlhin Merldbn cBy trmNs; whkh pertaffr to recycling; whkh have b i:l matchng compotfenh, and whkh contain »cycled content Of appgcable. A sign must be placed on or new ittr project >ftalpg that it was landed to part rl»- the Msridian evrbgde rocycling Program. Please return aompteted application to Sanitary Services,. Co. 2130 W. Fr~1klirt Rood, Meridkan, Idaho, 83642 or fax to 888-5052. Organization Name ~~~ ~~ ~I Q C~ T1 d fryer vw 1~u r~ ~~,SDC i ci~l, o ~ Addresnsn~n~wooel ~~wssroads cis-h•cl~ Q-~~l N~ev1~.Q,•4v~~ city lY l'~ Yl DlA 0.h State;,. -~•- ~ a h ~ Zip Code ~3 ~ Contact Name and Title ~ d ~ I ~ D ~ Zoe ~ PCSSUU rc;11 on ~ ~ I ~1P 1-t. 1' Phone Number ~~~~ D~l~ ~` 10 41 Fax Number (~ 2 ~1. - -7 I ~~( Describe Your organization's purpose. Attach additonal sheen if needed. VUe are ci h,e~~hbothoo~ ~SSocr~fian CnnS~S~~l,~ict 4~ ASV ~ 1 n 1~'h~la:n • Q u r share.-~vti,; I yes o h d a q~uaii-~1 Y1 ei Describe the community recycling activity you would like to have supported. Attach addrtfonal sheets if needed. Plebe proms manufacturers 1nfr,>rmaHon for the itsrrtt to be used In 4he project. ,Vl SIDn ha ~ C,~n,~ rnovr Ken a-~~tci ~ ~ ah _ elct~ ~ n. vu'~~~n ~iay ~. s-}rud~t.Ye i~ y~w.al= w~~~ an~ oy~-r a bed c~~ Sa-~d . ~ ~otvi.e.~ Cod-~til~ Totdr funds requested sfi~ ~~ . Totaf esfimated cost of proja}Ct~ (~. , C3"7 ~ • 3 ~ hP~ ~' ~~3_=~^"t rrYLa c~.Q. rT~ KC ~C~d ` VIAA~tM kSLS cQ f~ 1 rtie 4'eC~^~Q¢ ~l U.'i?1bQ ~ ,S• , i ncQ 1 0 n (2e a~ 1'~G1~~1fu-Q ~ cry- ~a.~ S~ - c~C 1,h ~ S-~1'"ucka~-z ~v,~ -}sir i ~S-fu l l cr~i ~ n "r'h¢ q av~Q 1~pm2 flay- ~\JnS Wr'1 rYluhh ~i.~, iS'G ndi Describe the srgnage 1~iat wfil 5e used. (plaque, standing sib; efc~ond Facation. Attach additional ~I'1Q ~~' ' sheets if needed. we would ace ~ f~ kr reotl+ Rol flew}. f!!t eMf~r el qN, ~; of Meddler, l«i1tNl etlatf 4lau~h its Cea>,f~fide .keeyc~ f'ro~ram fo fiefp fund thtu Aittil~I ~irol~+dl IESr. ~ We h~v^c,~~,,Q.+~IU,sse~ ~~` ~e bauv~~T • rug ~,in 1a___ Si~L~a~~-~ ~1"_1. 'Tl.e AI7Dl''DfJi'l~ 1~1~0Y'~1~/lPX ,DYt~/I(Vlllnrthi~l,U~o/ i'eLa~\l~~llr~s~~ Il he, ~ ~-{~cr~i u~- of Contaxt r.r:on ~ pat, ~ O (M-e have tr to eroc~rar your nausill Describe how the community recycGr~g funds wiU be used; the schedule for the project, and how the 1:1 matching Contrfb~ltton will b6 determined. ^ttaGh addlH.ona1 sheets if needed. • • 1. Bid Proposal for Removal of Ezisting Playground a. Wooden Play Structure Breakdown b. Play Sand Excavation c. Disposal and Removal of Play Structure, Timbers, and Sand. Bob Weast of Weast Excavation, Inc. visited the site and determined that they would remove the existing playground structure and the sand. They have a relative who wants the structure and sand and determined that it would be worth their time to carefully remove the playground and sand so that itcould be re-installed at another private location. Because they will be using the structure and sand, there will be no disposal fees associated with their portion of project and they will only require $300 for their services. The $300 fee will cover the costs of: • Removing the existing playground structure. • Excavating the existing sand. • Leaving the existing landscape timbers as the border. • Grading the playground area to a depth of 12 inches for future wood carpet. • 3. Summary of Costs Weast ~ Recreation Excavation Idalfio Rcrnovcl of Existing Plcyground Playstracture Sand __........... _----__-....._ -......_- -. ~ 300.00 Excavation to 12" de th i Ncw Playstructure Sale Price X5,681.00 Tax X340.86 Shi in X628.00 Instal Intion ~ 1,988.35 1 y ~ Wood Chips .Sale Price X960.00 Tax X67.14 Underln ment Fabric E159.00 Shi in x1,350.00 Instnl (anon ~ X600.00 Total : X300.00 X11,774.35 SSC u'rwtching half: X150.00 X5,887.18 :~ brand Total: $6,037.18 4. Timeline of Important Events Apri15: SSC Board meets to Approve Funding Apri110: City of Meridian Council meets to Approve SSC Decisions Apri115: Estimated Date to have.check from SSC June 21: Bid from Recreation Idaho Expires 5. Discussion of Costs $11, 774.35 (Total cost of project) - $6,037.18 (SSC matching funds) - 3.500.00 (Bedford Place funds currently available) $2,537.18 (Remaining cost to be covered by Bedford Place) (Donations. by homeowners and transfer fees will cover these remaining costs. • f. _~ rt . RECREATION IDAHO Business Orrla: PMB n34, 101 E. FaiMsw Awnus Mertdlan, ~ 8842 AeCAEATiON Tel (208) I86~6Y28, Toll Free x00-77x-0718 IDAHD~.~°~.hoe,..~ plsywoAd Recy~bd Matsrlals Playground Dseign ak 238.0721 ~ QUOTATION 785.00 5,881.00 0.00 0.00 0.00 DAHO tiALE3 TIU(EXEApT10N FORI1:INlST BE PROVIDED AT TMIE pF ORDER OR 8ALE8 TAX tIfOULD APPLY. NATIONAL PLAYGROUND SAFETYINSTITUTE CERTIFIED PROFESSIONAL INSTALLATION. INSTALLER /S NOT RESPONSIBLE FOR JTE PREPARATION. AIA/tI01YG U11UTY UNES, NOR IfAl1UNG AWAYDIRT. l7fTiL1 CHARGE WILL APPLYFOR SEVERE dGGING XMIdTIONS OrA FlNSTALLDP ODES Ilp'1'f1Ayt?ACCESS TO SIfE FDR IN,:AW EOIAtp1EIVT. TOTAL 828.00 ERMS AND CONDITIONS: ~"- _ This t7uotatlon becomes a Sales Agreement'and oontrad only upon rocelpt by Seller priorb explratbn date of the sl ned silvery aooompaMed with a deposit in the amount of 1/3 of the bhal prtoe shown above. Government a g SPY by ~' ~. or hand sposll t~++des ~Y provide Purchase Order in Ueu of 1/3 Balance due. less instedatbn charge, Is due ten days attar delwery of squipmenl Instaflotlon charge wM bs involoed atallation is complete. Ap payments are due at Seler's address In Merld~rl, Idaho as shown above. A fnance cha of~ ~~%and Is due ten days eRer r any unpaid balance which becomes peat due wlCr a mhbnum finance charge of =0.50. Buyer agrees to ~ ~ monk ~ be Cierged q~enaes for fhe oollectlon of any balance due under this agreerrx>tnt PeY ressonable atbmey fees and coNectlori SALES TAX WILL BE CHARGED UNLESS BUYER PROVIDES A COPY OF THE TAX EXEMPTION CERTIFICATE WHEN PLACING THE ORDER. ISCOUNTS ARE VALID ONLY WHEN INVOICES ARE PAID WITHIN TERMS. This Ageemern constitutes the Anal. oompbte and exdusivs statement of the contract between Seller and t3uyer and supersedes a1 prbr written and oral ~unlcatlorrs. No person is authorized by Salver b make any additlonal or different representation, promises a warantka. Manufacturers wsrrantfes apply on products delivered. Seflers solo wsutanty is that the producb delhrorod shall bs In conformity wtth the desaiptbn eve. SELLER EXPRESSLY DISCWMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A LRTICULAR PURPOSE. rr an or breach~ot agghts b refuse de8very or other romedies that are expressly spedfled heietn, Buyers sole and exdushre romedy for noontorming product or service. ~ groerrrent shaA be, at SeAera option, repair orr~lacerrent of the product or a refund of Buysrs.payments for the all Seller be Habls ~ contract or tort for In~enfalu or Boonsaquentlal damagesud to Seller's place of business or oUHrr reasonabb destination. In no event Seger shah not be in breach of Bda Agreement in the event of nonpeAorllance oaxt~oned by strflces, kxNcouts. aoddenbs, A-es, delays M produc2lon or quisitlon of supplies, delays by carriers, acts of God, government actlona, state of ter, dull arrest or other causes peyond the oortrol of Soifer. Sefler may freey assign or pledge its rights under this Agre~-eM, and Seller may subcontract or delegate ib dutles of performance b any roasonably stifled party. Buyer may not assign its rights or dutles under this Agreement vNthout Shcer's prior written consent. This Agreement shall be governed by ~ laws of the Sbte of Idaho. CEPTEO BY BUYER. DATE: • ,..<.,. . ~.~ , c~ ' >~ rk ~ ~ 0 ar.. ,. ~~~ h R~.. K~ ~O ~ ~ s R N x x a ~ x r= `%i.~e'fa3' ~ ~ y ,~y ~~ r wtY ;! + i :1 `9. .S' :... Afl .. .. .f4~'~p ?:'o W~'~ ~R '~ ~~ e a ~ .J ~:. ~: °.~ ~ 6~° o ~ oe °~~°.; ~.° $ . ~ ` A d '~} ~.. ~ ~ ~ .. , ~ ~'~ m~ ~. ` a '} Vi ; a Ba ', ~ a a `~ ~ ~ ~ ~~ti'~ .Y J ;~s ilk;, k .,:..,i.: ~ ~+ Bedford Place Compliance Listing • This custom play structure, drawin. number238-0721, has been designed to meet the minimal requirements of the ASTM F1487~1 guidelines. In the interest of playground safettyy, IPEMA provides a TMrd Party Certiflcetlon Service whereby a designated "independent laboretory validates a partidp~t's certification of oonfomanoe to ASTM F1487-01, except:sections 10 and 12.6.1. In addition to the overell layyout and design of this piaystnidure, the play components listed here in are IPEMA certified and ss of Wednesday, December 20, 210th 6, were listed as IPEMA Certified Product on the IPEMA wabsiDe, www.ipeme.org. Check the IPEMA website to .canfinn current product validation. Products listed as Not Applicable do not tell. within the scope of the ASTM F4487-01 guidelines and therefore they have not been tested to the guideines. Part Description Status WHEELCHAIR ACCESS BORDER TIMBER Eft BORDER TIMBERS 2R BORDER TIMBERS 120in SUPPORT POST W/CROWN CAP 1/2 HEX VINYL DECK ASSEMBLY TRANSFER STl1TION ((3tiin.DECK) APPROACH STEP FOR TRANSFER STATION 3REE GLIDE SLIDE (36in DECK) SSIBLE. DRMNG PANEL ERS ACTIVITY WALL STALK CLIMBER (36in DECK) RAL GUIDELINES FOR EXPLORERS ACINt3 WARNING LABEL KIT FNANCE BOOK AND ADDITIONAL PARTS KIT W/AEROSOL ~lP~a~oetilicns P`Arwe~mo Not Applicable Not Applicable Not Applicable Certffied Csrtifbd Certifbd Certified Certified Certified Certified Not Applicable Certified Not AppBcable Not Applicable Wednesday, December 20, 2006 1 www.ptayworl~yetems.aom • 1 Stsr;~rn:::,~.havax. 1 o , i ~Q .k ~ ~+f ~TE~ ~ r; 'c~ 4a5J ,s ~,a ~E ~"! >d„ r {~S'~~a ~ <S ~?~13nk '~~' ~~~~~ ~ Z° ~v'; ~" ~ hits Z ~~>~ 2~x' u~ .... ~ (' ~ a ~ _ .. - ~~ Q,~ ti ~ ~ ~ o ~ ~ f~ a ~.~.~ • ' C+rltY~~P ~ ~ ... _ ; a ~ T ~.. ~ ~ o ~ ~ . ~ 4 pp~~ pp ` ., e..:. . ['.:: yy ~~yy .,a ::• pp ]]S1 ~~r Steel Roofs; Tubed snd Psns~ ~~;~r;`._ ~._:. . ;,:,. 25% =''15°Yo` recycled sbeei .: ': •40.96.= 90% of the steel'is~.recydable Packaging Steel Posts, CIUnl~rs, Barriers and Components. Pallets: Manufactured using • Up to .5096 recyded_.steel ` 1t)0% hardwood lumber, 9596 =;98% of the Steel is n3cydeble.; _:.. meeting the standards Pertorated Stsei Decks established by USDA.Foreign r.. 25%-.:7596 t~ecycled steel .. Agriculture Service and ~ '40% - 9096: of the. stee(is nacydable APHIS _Sprinp.Mates':: Post Caps and:Steering Wheel . ,. • Packing Peanuts: • '`10096.mcycled Aluminum t00% biodegradable Clamps, Tees,; and Deck. Ranges • Cardboard: ~ .40% recycled aluminum` 100% biodegradable Aluminlm .Posts . 100% recycled aluminum Border Timbers • 100°~ n3cycled and recyclable plastic Ct~hion.Play' ;• 100%,recyded.nibber.tires .. . - .. (' Playworid' Is a brand o0 Playwwld Sy~erna•, Inc. c^~'~lV;k7~Wnkangay~".>J&wPS~'8 ~ .lYs{a°IFBbfe'f!'~y.:~it~ldfa~~?°.i'C+~:Y=A'~'.~'~ °3Ydr~.~{:YM~GE~S'1Y`tA"S9.?~.e`*tsgfdG#4il'YU@it~°.x•`Yl~ ,~:•£HtF, .....___.. .._.. .~._.~~. _...._,.T....~.._.,...~.._.__.....~_-...,..~.. Nh°5183 3105 - ......_.._ ....~ _._.__.... _..~... ... .... .. .....:. 1 . ~ RstyWd M~1, • April 6, 2007 MERIDIAN CITY COUNCIL MEETING April 10, 2007 APPLICANT ITEM NO. S-P REQUEST Approve SWAC Recommendation for Funding of Bench purchases of $1,1 19.00 for The Vineyards Homeowners Association: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: r 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 Email from Samantha Miller ~ ~ Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • Page 1 of 1 Sharon Smith From: Symantha Miller [symiller@sscwaste.com] Sent: Friday, April 06, 2007 12:23 PM To: Sharon Smith Cc: Bill Nary; Will Berg Subject: Agenda Items The Solid Waste Advisory Committee reviewed and approved funds for the following applications: Bedford Place Homeowners Association, $6,038.00 for the purchase of playground equipment for general public use. The Vineyards Homeowners Association, $1,119.00 for the purchase of benches for general public use. Please place these items on the agenda for the City Council to review on April 10, 2007. I will provide copies of the application for the Council to review in advance. Thank you, Symantha Miller Sanitary Services Co. 4/6/2007 • • Community Recycling Fund Application Review Form The Solid Waste Advisory Committee to the City of Meridian has made the following decisions regarding distributing expenditures from the Community Recycling Fund. Organization: The Vineyards Homeowners Assn. 2031 W. Sonoma Dr. Meridian, ID 83642 Proposed Project: Benches Application Date: Apri13, 2007 Reviewed By: Bill Nary Nancy Mann Brad Watson Jaycee Hoffman Bill Nary Review Date: Apri15, 2007 Amount Requested: $1,119.00 Amount Awarded: $1,119.00 Date Presented to Council: April 10, 2007 Tax ID # 82-0455718 Notes: SWAG would like a letter from applicant stating. that the public has full access to the playground equipment and also add a line to the signage stating the same. Upon receipt of the letter, the SWAC will approve the application.. Symantha Miller spoke with applicant on April 5, 2007. Letter was received on Apri15, 2007 and distributed to the SWAC. Date ~'' _, ~:`. ~,. ~ . 1..-' `~Ellr~li ill " ~ ~~ L~ Community Recycling Fund Application ~ This application is to be completed by organizations applying for community recycling funding. Please note: We can ordy cons~er appgcaNons for projects wffhin Meridian city gmffs; which pertain to recycling; which have a 1:1 matching component; and which contain recycled content tf applk:able. A sign must be placed on or near fire project statkrg that R was funded in part by the Meridkm curbside recycgng program. Please return completed application to Sanitary Services, Co. 2130 W. Franklin Road, Meridian, Idaho, 83642 or fax to 888-5052. Organ¢~ Address City Contact Name and Title State .G,~ _ Tip Code o2 Phone Numberp~~~~~ -~,~~`~ Fax Number Describe the community recycling activity you would like to have supported. Attach additional sheets if needed. Please provid//~~e manufacture frs info anon for th~e/items to be used in the Aproject. , ~/ ..,i~~/ 1/~ ~J ..f,0 .~~~tJ~~~[_Y ~ ~ eICDAA.A /j O~ //.Jl / ~~~o., U v total funds r ~, ~ '~ ~ equested ~~ ~ 9 ~ ~) Total estimated cost of project vCT_S ~ /_~ d Describe' how the community recycling funds will be used, the schedule for the project, and how the 1:1 matching contribution well be determined. Attach additional sheets if needed. Describe the signage that will be used, (plaque, standing sign, etcj, and the location. Attach additional sheets if needed_ We would gtce the sign to read: (insert atogcard) (hanks the citizens of the City of Meridian for their efforts though the Curbside Recycgng Program to help fund this (Insert erotect). EST. t( nsert ..---• to process yow request) ~~ ~ ~© 7- • Describe your organization's purpose. Attach additional sheets if needed. ., • • Vineyards Homeowners Association 2031 W. Sonoma Drive Meridian, ID 83642 Pro Forroa Budget Park Benches 1. Three park benches from Belson Outdoors, Malibu style, six foot length,. in-ground mounted, cedar color @ $347 each total three benches: $1,041 total 6% tax: $ 63 Estimate shipping $ 375 Estimate. installation $ 759 Total cost project $2,238 ~t F ~^ , S. i -• . { S ~' t .~~ ~~ ' r t ~.1 'L ~ 1 \ A J ~ \ L~ ~ F5 \ . Y 1?T \ y i ~ 1S .'~ 5 ~ C + _ `\a. \ k , ~ ~ ~ r\" ~ c ~ \ is y c '~` /._ ~~Y. / jam! . .t Y J~ n / / t // j I . ! l ~' t _ ~ . ' r ti ~ g . ~` 4 ~ j , ~/ _ti ~~ 4 •-.•~_ ~ ,\~~~: ^ ~' 1 ` ` ` ~ r ~ ~ q f / i^r /i ~, t ,,~ ~ , .. ^ ~ , ~. ~ T ~ ~ ~~ - t f [~ a fy i ~/ Q ~ a ~a 4. ~~ -r ~: ,; ; ~- ~~~~~ ` s ~ , ~ i ~ ~ ~ ~ ~ ~ ~ Q 'f " ~ ~,. :~~ , t ir 3 J s ~ ~ P ~k R., .. a~Y S t o .. ~ ` ~~ ,,' ,\ a~~ „ ~~i: ! V~ `n ~`~ 0 a ~e o .~ *^`~~ •i< _ ' I . ~ ~~ i d ,; _y; ~' '~ /. ~~~~. _... ,i d", f o 3 a E~ a ~ N c~ o a II ~~~~ ~ 4 ~~( CL1] u')N.~ v "`" ~a, w ~ ~ N s \ 4 b R o { Tt ;~ 9 bi ~ '~X a a }~ _ P :y,. ~~ ~~ ~~ ` " 3 ~ ~ r ~ 4 n i' ~ ' ~ . ~ h ~`'~~ ~' 3 ~'` ?~~a ~ ~k~y. a ~.:u i-t+' S v°, a .d. ~ y ~ & 4 ~ ~ .. °~ ~, '° ` `f ~ ._ G+ o~~ti a ~. d `H _ r o~ }; '<~ a ~~,,4E 7~ o t ,~d .~ ~ `d ,, ,~ 'ta to ~~ 4s e~ y ~- ~.1s1 ® r t,d.. 4 i :, ,~a. t *s+F9 ,' Qa~ o ~ yy^^~: 0 6 f ~r~ a k a .yn.. ~ -~. [ ~ ~ `4{{4~ „ ~ S ~ a - ~ ~ v 5 ~ '~ ~ ~~ ~ ~~~ - z ~ o~ „~ p~~ ~ , a ~ a `~'~a o~ tk""a ~~- a ~'~,~~` ~ y ~ a ~ .' n~ c ~ u Go 'L'L ~H~& `oo i t Y~. ~ ,~ y ~ ~ m qy 1 tt ~,. ~ ~ ~ a ~ 3 ~ ~, q a ~.~ Y r, ~ a o ~, ~ 4 U~. v'L' r~~ ~ a ~'.e v _ a d' c~acd o -. ~a G ° ~ .d - ~ -nQ, ~n ~: ~ ai i' mod, ~ ~. ~ ., ~ 9 a tr ~ 44yy,,~~ p ao ~ yo ~~T~b~ t $~ °< ~ ~ o ~ , ~ ~~~ .~° ~ e Cr w ° . Q~° 0 on" ~aA ~fiy~ ' e ' w9 0 a ~ _ ~' d aao ~ o O~ ~ o'~ t ~~`f~ B - `o, 4c ~,.~ ~ ~ ~~a~'a a~~. c~ ~, a o ~~o ~~? n ~ ~ ~~ ~ `9 o,°?s;°~~ ~~ ~ ~ A ~ ~ ~ ~ ~~ ~ ,~ u t Qe s~ ~ a d yy,t~~~ Y ~ ~ o ~ a a ~ o g, ~~va ~~r~' ,.~ a ap ~'^ a ~ a' ~] ~ ~ . ~ n ~ ~ ~ ~ ~ ~Y~' ~ o ~ p T ' Q d ,.. o .yL v Q o o~ O ~;~ ~ n ~~ ~ _ ~a ~ ~'a a ~ ~~~ _ ~ ~~~ a ate, ~~~~ ~ o ° ~. ~ ~~ a a e z '` °° ~, 1 _ a ea a `~~ ~~~' ° a r~ ,~ ~ ° `~ ~ ~ e `~~ . ~ a 1 ~ ~ ~ a ~~„ a ~ ba a ~~~~v ~. e ® ~ a 7~n~~ 9 . ~@ ~ ° a~ ~a e • April 6, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING April 10, 2007 APPLICANT Parks Department ITEM NO. 6-A-1 REQUEST Discussion of Tully Park Rule Change: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: ~t/ CITY WATER DEPT: v' CITY SEWER DEPT: CITY PARKS DEPT: See Attached Memo MERIDIAN SCHOOL DISTRICT: n,S ADA COUNTY HIGHWAY DISTRICT: `I~/`~ SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN 1RRIGATION: 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. • • ~ . ~. • ~s s ~~o ~~/~ ~~ APR 0 S 2007 To: Mayor /City Council Ci y ®e k o~~ Cc: Will berg ~c~ From: Doug Strong y~~~ Date: April 4, 2007 Re: Proposed Tully Skate Park Rule Change During the March 14, 2007 Parks and Recreation Commission meeting, the commission reviewed and revisited the issues in regards to bicycles on the skate. park. The Parks and Recreation Commission recommended change to the current rules and approved the use of bikes on the skate park. It was unanimously approved by the commission to be sent forward to the Mayor and City Council for their approval.. The Parks and Recreation Commission approved the change realizing that bikes on the skate park is difficult to enforce and that bikes do not increase the cost of maintenance as originally thought. The Parks & Recreation Commission and Park Staff are requesting your approval of the rule change to allow bicycles on the Tully Skate Park. Backup documentation is enclosed for your review. • E ~.. crn~ur C~ri~ian ~ ~``~ ~~~,,~~~ :~, i~,n',, e..Tu cl. J~ \~ J1l Project Name: Department: Applicant: • SUMMARY OF PARKS AND RECREATION COMMISSION'S RECOMMENDATION TO CITY COUNCIL TULLY SKATE PARK RULES ON BIKES PARKS 8c RECREATION PARKS & RECREATION COMMISSION & DEPARTMENT P&R Commission Meeting Date: MARCH 14, 2007 Recommendation: The recommendation coming from the Parks & Recreation Commission is to approve the use of bicycle on the skate park. Key Commission Comments: • The commission feels comfortable with allowing bicycles on the skate park. • The commission realizes the enforcement of bikes on the skate park is difficult to enforce. • It is determined that bicycles do not increase the costs of maintenance as originally thought. Outstanding Issues for City Council: • There are no outstanding issues for City Council on this matter. APPROVED: .'~ ~ ~ ~% Bruce MacCoy, dent Revised January lU, 2UU7 / ~" ,. ,~~{ crrv of 'sl$I - ~YlG~l~~I ~ ~~,, IDAHO / ~ S, /~ (-`N//-/t %rFr fltFnSUHF_UN-~"Y ~~ SINCE I 1903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-.8723 Fire 540 E. Franklin Road 888-1234 /fax 895-0390 Parks & Recreation. 11 W. Bower Street 888-3579 /fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6844 Police 1401 E. Watertower Lane 888-6678 /fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 895-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 /fax 884-0744 - Water 2235 N.W. 8th Street 888-5242/fax 884-1159 Memorandum To: From: Subject: Date: • Meridian Parks and Recreation Commission Doug Strong, Director Meridian Parks and Recreation Director Change in Skate Park Rules to allow Bicycles March 14, 2007 I am requesting that the Parks and Recreation Commission approve my recommendation to change the Tully Park Skate Park Rules to allow bicycles to use the Skate Park. With Commission approval of this recommendation I will submit a request to the City Council to adopt the rule change by council resolution. There has been much discussion of this proposal over the last several months and the work of the Mayor's Youth Council regarding this issue is to be noted. Enforcement of the existing rule to not allow bicycles has placed an unreasonable burden on Department Park Staff and Police Department officers with no change in use patterns. The most reasonable solution to this issue is to allow bicycles on the Skate Park as that has been the use of the facility in spite of the rule. All other posted rules will still apply to all users of the facility. CITY FALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83b42 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper ,, • • r, RESOLUTION NO. ~~~ ~Qg BY:_ ~am.n ~ deGy~;~~ A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO PROVIDE FOR FINDINGS AND TO ESTABLISH SKATE PARK RULES AND PARK SHELTER RULES UNDER THE PARK REGULATIONS CODE AT CHAPTER 13 TITLE 2 FOR THE PARKS AND RECREATION DEPARTMENT FOR THE CITY OF MERIDIAN; A.ND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority [pursuant to I.C. § 50- 302] to establish resolutions not inconsistent with~the laws of the state of Idaho as maybe expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, conunerce and industry; and WHEREAS, the skate park and park shelters are owned and operated by the Parks and Recreation Department of the City of Meridian and are made available to the public for their enjoyment and pleasure as long as the public abides by the skate park rules and park shelter rules; and WHEREAS, the City has authority under the Park Regulations Ordinance Code at Chapter 13 Title 2 of the Meridian City Code to set rules and regulations; and WHEREAS, the Mayor and Council have deemed it expedient and in the best interests of the City of Meridian to establish skate park rules and park shelter rules for the City of . Meridian to implement guidelines for the appropriate use of the skate park and park shelters for the public for the City of Meridian. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows: SECTION 1. Pursuant to Idaho Code §50-301 et seq., the Mayor and City Council hereby adopt the City of Meridian Skate Park Mules and Park Shelter Rules for the Parks and Recreation Department for the City of Meridian, copies of which are attached hereto as Exhibits 1 and 2, respectively, and incorporated as if set forth in full herein. A copy of this Resolution and attached Exhibits I and 2 shall beheld on file in the office of the City Clerk. RESOLUTION FOR SKATE PARK RULES AND PARK SHELTER RULES FOR THE CITY OF MERIDIAN PAGE 1 OF 2 • SECTION 2: EFFEC'T'IVE DATE. This Resolution sh311 be in i`ull force and effect on September 1, 2003. PASSED SY THE COUNCTL OF THE CITY OF MERIDIAN,.IDAHO, this Z6 ~ day of d' ~ , 2003. APPROVED SY THE MAYOR OF THE CITY OF NIERIDIA.I~T, IDAHO, this 26 day of ~~ ft 2003. Mayor obert D. Corrie ATTEST: \ \~~,, ~ ~ ~ ti i, i i r i,,, O~ MEN '~f~ ti ~, G~ ~G~poaq TFO ~, ~~~ _ City Clerk _ 9j_ ~ ,o~OM O \~ '% ~~ `~1 T 1 S~ ' `r ~.` q . ~~ . ~~~^~,, •-.- Z:1WorklMU~leridianV~ieridian 15360Iv1\Resolutions Gity Hall1:~'d~~~stiJ¢'ly~~kate ~~R~and Park Shelter Rules 08 20 03.doc ry„nn~nliNttN~ RESOLUTION FOR SKATE PARK RULES AND PARK SHELTER RULES FOR THE CITY OF MERIDIAN PAGE20F2 ~f ~~~ ~Ai~ ~~J ~~~ ^ Skate safe and have fun -Remember, use of the Skate Park is at your own risk. _ _~ Treat everyone with respect. ' -~ Hours of Operation.: '/z hour before sunrise to 1/2 hour after -- - sunset. ^ Skateboards and Inline Skates Only. NO bicycles or scooters allowed. ^ Skateboard helmets are strongly recommended at all times. when skating or standing on the Skate Park surface. Elbow, wrist and kneepads are also recommended. ^ No glass containers. ^ No weapons. ^ No alcoholic beverages. _ ^ No smoking. ^ Personal Conduct and Behavior: 1. No threats or violence. 2. No graffiti. 3. No Littering. ^ The City of Meridian is NOT responsible for lost or stolen items. ^ The Skate Park is CLOSED when ice or snow is on the surface. IN CASE OF EMERGENCY CALL 911 PARKS AND RECREATION OFFICE 888-3579 As Per City of Meridian Code ~~ C~ • CEI2TIFIC ATE OF CLERK OF THE CITY OF MERIDIAN I, the undersib ed, do hereby certify: 1. That I ani the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the Zb's=~ day of ~ se.fE , 2003, the following action has been taken and authorized. ~~- A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF iVIERIDIAN TO PROVIDE FOR FINDINGS AND TO ESTABLISH SKATE PARK RULES AND PARK SHELTER RULES UNDER THE PARK REGULATIONS CODE AT CHAPTER 13 TITLE 2 FOR THE PARKS AND RECREATION DEPARTMENT FOR THE CITY OF MERIDIAN; PROVIDING FOR HOURS OF OPERATION, GUIDELINES ON SKATEBOARDS, HELMET REQUIREMENT, AND RULES FOR THE SKATE PARK AND FOR THE PARK SHELTERS; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, the Mayor and Council have the authority [pursuant to I.C. § 50- 302] to establish resolutions not inconsistent with the laws of the state of Idaho as maybe expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the skate park and park shelters are owned and operated by the Parks and Recreation Department of the City of Meridian and are made available to the public for their enjoyment and pleasure as long as the public abides by the skate park rules and park shelter rules; and WHEREAS, the City has authority under the Park Regulations Ordinance Code at Chapter 13 Title 2 of the Meridian City Code to ;set rules and regulations; and WHEREAS, the Mayor and Council have deemed it expedient and in the best interests of the City of Meridian to establish skate park rules and park shelter rules for the City of Meridian to implement guidelines for the appropriate use of the skate park and park shelters for the public for the City of Meridian. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCII. OF THE CITY OF MERIDIAN, IDAHO as follows: SECTION 1. Pursuant to Idaho Code §50-3D1 et sey., the Mayor and City Council hereby adopt the City of Meridian Skate Park Rules and Park Shelter Rules for. the Parks and Recreation Department for the City of Meridian, copies of which are attached hereto as Exhibits CERTIFICATE OF CLERK PAGE 1 OF 2 • 1 and 2, respectively, and incorporated as i.f set forth in full herein. A copy of this Resolution and attached E.~hibits 1 and 2 shall beheld on file in the office of the City Clerk. SECTION 2: EFFECTIVE DATE..This Resolution shall be in full force and effect on September 1, 2003. ~ ~ ~~~,~~'`~~~~~""~~~,,. \,~,~~ O~ ~E~~,'`~,w `. Y ~S<. /, ~ ~ // JA~ T William G. Berg, Jr. ;SEAL %9 ~ris~• S,; '~ ~~q P ~: STATE OF IDAHO, } ,'~''~r,~~~U +~Yt;,~O\\~~. . ss: County of Ada. ) On this 2~~ day of -(: 2003, before me, OVlQ..171/I.UY~t..c ~~ _, a Notary Public, appeared WILLIAM G. BERG. JR., known or identified to me, respectively, to be the City Glerk of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. i •'~~'~ S~t•~i ,'~ SEAL) ~ t ~ UV (C~.~4YZ C~YV1-c~'l~ • Notary Public for Idaho ;• s ,,1'F18L~=•~.+~e+ Residence: ~c~..(,~L~n2Lc~{ J~{a.6zv •.~~~ag~•.• Commission Expires: ~}'-28 05 ~~~~~ Zi`~WorkUNiMerdianlMeridian 15360M~Resolutions City Ha11120031CERT of CLK Skate Park and Park Shelter Rules 08 20 03.doc CERTIFICATE OF CLERK PAGE 2 OF 2 PARK SHELTER RULE S ^ Hours of Operation: % hour before sunrise to % hour after sunset. ^ No riding skateboards, inline skates, scooters or bicycles in the shelter. ^ No climbing or hanging from the shelter structure. ^ No littering. ^ No graffiti. ^ No. alcoholic beverages allowed except by approved Park Alcohol Beverage Application and Permit. ^ Reservations shall have priority for use of shelter. ^ The City of Meridian is NOT responsible for lost or stolen items. IN CASE OF EMERGENCY CALL 911 PARKS AND RECREATION OFFICE 8$8-3579 As Per City of Meridian Code i April 6, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING April 10, 2007 APPLICANT Public Works Department ITEM NO. 6-8-1 REQUEST DISCUSSIOrI of Gemt~nP St ihrlivicinn Nn .5 Irriryrti+inn c. irA+v Pr,vmor,+• AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS.: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials COMMENTS See Attached Memo ~~ ~- o~ Materials presented at public meefings shall become property of the City of Meridian. • emo ~EC~I~~~ APR 0 6 2007 To: Mayor De Weerd & City Council City pf Meri~~ From: Brad Watson, P.E. City Clerk Office CC: File, City Clerk, City Attorney Date: 4/6/06 Re: April 10, 2007 City Council Meeting The Public Works Department respectfully requests that the following item be placed on the April 10 City Council agenda, under Department Reports, for Council's consideration. Gemtone #5 Irrigation Surety Payment. A situation has arisen for which neither ordinance nor policy provides staff direction. A brief synopsis follows: 1. The plat for this commercial subdivision was approved and signed in 2004. 2. There were two irrigation ditches/laterals crossing a portion of the plat involving multiple building lots. 3. Through the approval process, the developer was allowed to post a cash deposit with .the City for piping the waterways in lieu of actually installing them. Future builders of the affected lots would use the cash to pipe the waterways. 4. The developer's engineer provided a cost estimate of nearly $41,000, which the City accepted. 5. In 2006, Walt Morrow Construction buys one of the lots on which the two waterways exist. 6. Mr. Morrow must pipe the waterways in order to build their commercial building and wants reimbursed by the City. He solicits and receives three competitive bids and uses the low one to complete the work at a cost of $17,000+. This would be approximately 41 % of the total funds available for reimbursement from the City. 7. About 17% of the total length of the waterways lies on this one lot. Question A) Do we reimburse proportionately to all affected lots, or does this first builder in get fully reimbursed, leaving the future ones disproportionately "short"? • Page 1 Reasons for the cash deposit shortfall: - high inflation of construction costs over last several years estimate done by developer's engineer did not assume pipe type now being required by irrigation district pipe size upon which cost estimate was done by developer's engineer was incorrect on one of the waterways. Thank you for your consideration. • Page 2 April 6, 2007 MERIDIAN CITY COUNCIL MEETING APPLICANT Mayors O#fice REQUEST Discussion of Surplus Computers: Department Reports April 10, 2007 ITEM NO. 6-C-~ 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 SERVLCE COMPANY CENTRAL DISTRICT HEALTH: NAM'PA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials• COMMENTS ~~~'~ Materials presented at public meetings shall become property of the City of Meridian. • • April 6, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING April 10, 2007 APPLICANT Mayors Office ITEM NO. 6-C-2 REQUEST Appointment of Mayors Youth Advisory Council member to the Parks and Recreation Commission: 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 s~ S Contacted: Date: Phone: Emailed; Staff Initials Materials presented at public meetings shall become property of the City of Meridian. • Sharon Smith From: Will Berg Sent: Tuesday, April 10, 2007 8:40 AM To: Sharon Smith Subject: FW: tuesday agenda -----Original Message----- From: Tammy de Weerd Sent: Monday, April 09, 2007 8:20 PM To: Will Berg Subject: tuesday agenda please add under my office appt. of Sara Steele as the youth council commissioner, replacing Stephanie Priess. 1 • • April 6, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING April 10, 2007 APPLICANT Purchasing Department ITEM NO. 6-D-1 REQUEST Approval of Bid Award of City Hall Packages 1 through 10 for a total of $,836,369.35: AGENCY COMMENTS CITY CLERK: See Memo /Spreadsheet from Keith Wags 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: 'fj~ ~j(~ ~% INTERMOUNTAIN GAS: ~ / (/ 1 MERIDIAN POST OFFICE: ~~ (~ ~-I Z Z~1 ~ ~ OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridian. • • Page 1 of 1 Sharon Smith From: Keith Watts Sent: Monday, April 09, 2007 1:20 PM To: Will Berg Cc: Sharon Smith; Stacy Kilchenmann Subject: City Hall Bid Awards /Department Report Attachments: Council Memo for Request of Award Bid Phase II -Department Report.doc; Phase II Bid Total.xls Will, please add the attached to the Agenda. Thanks, Keith Watts Purchasing Agent City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Ph. 208-888-4433 x207 Fax: 208-887-4813 4/9/2007 • Memo To: Will Berg, City Clerk From: Keith Watts, Purchasing Agent CC: Sharon Smith, Ted Baird Date: 4/9/07 Re: April 10 City Council Department Report The Purchasing Department respectfully requests that the following item be placed on the April 10 City Council Agenda under Department Report. of T (10) bid packages is $5 836 369.35. A listing of each bid package is attached for reference. All work under this Bid and subsequent contracts will be completed pursuant to the AIA 101 CM &AIA 201 CM Construction Agreements modified by Ted Baird for the City Hall Project. Recommended Council Action: Approve award of the ten (10) bid packages presented, authorize the Purchasing Agent to issue Conditional Notices of Award and authorize the Mayor to sign all agreements and City Clerk to attest. Thank you for your consideration. • Page 1 ~"' J ~ ~. ~, ~ ~~ {,~ s ..'~,'. ..t;ti •~ Q o~ F- U O 0 • N 2 O H a O • M O O ~Cf M 0 0 0 0 v_ m °o M o ° o °o 0 0 0 00 ~ M p '~ ,~ M o O' p ~ r '~ p N _ N M p p O CV M ~ p g ~ ~ ~ ~ ' S ~ ~ ~ ~ b9 EA b9 C O . ~ w ~ ~ C7 O x O U O U ? j ~ J J > J ~ s Y J w Z Q (~ Z J. cO m Q ~ ~ - ~ w U' ~ O ~ w ~ O. Z ~ J ur W U J mo w: ~, (n = Q ~ ~ ~ ~ Q Q U ~ cn ~ Z Z Q O O ~ ~ U O w w ~ ~ O c~n ~ w °~ ~ ~ ~ C~ w ' cn ' ~' az ~ W ~ °~ ~ ' 'Q; ~ ~ Z ~ ~ O O ~ ~ CU ~O ~ ~ Z J ~ ~ ~ ~ Z > ~ Q' ~ w U D w O gC~ w O w n. O~ J ~ cn Z O U cn Q ~ w ~ c4 ~ O Z O ~ ~ X w Z ~_ ~n1 Q¢ D ~ O w o ~w' ~Q Q ~ 3 r Y d c m a O • • :; h as +. .. Q ~ ~ -~..~ Mer ian City Hall _ Meridian, Idaho ~~, _ 1 Q~ ~,YY<~: ' r~~_~ ~..~_ YZGrt~«r~ ~nnr~o ~~ O fOLro GENERAL CONTRACTORS 9-Apr-07 7 nr. T ~- ~ City .City Fixtures and Equipment r e erk Office Phase II Bids 4/3/2007 1 Fixtures & E ui ment 2 Demountable Walls (Options to $1.163 Million) $465,910 Soft Costs Phase II Bids 4/3/2007 1 __ Cit Fees - Prea Ifcation Meetin 2 Ci Fees -Conditional Use 3 Cit Fees - Rlan Check 4 Cit Fees - Bld Permit 5 Cit Fees -Water & Sewer Connection 6 Cit Fees -Outside/S ecialt Consultant Plan Ck _. 7 ACRD Im act Fees 8 Local Fire De artment Review _ _ 9 DEQ Plan. Review 4D Idaho Power 11 Union Pacific 12 Advertisement for Bids 13 Soil and Geotechnical Re ort 14 Surve Work Desi n 15 Bid Document Costs - Re roduction & Posta e 16 Bond Counsel 17 __ Bond Ratin Bond Issuance Cost _ _ 18 Fiscal A ent 99 Architectural Pro ramin /Schematic Desi n _. 20 Architecural Desi n Develo meet-Const. Administration 21 Architectural Reimbursables _. 22 S ecialt Consultant-Commissionin En ineer 23 S ecialt Consultant-Traffic Stud 24 S ecialt Consultant-Misc. 25 Le al Counsel 26 Insurance Costs-Builders Risk __ 27 Contin enc for Soft Costs Total Soft Costs Construction Mgmt & Site Acquisition Cost Phase II Bids 4/3/2007 1 Bid Phase f -Asbestos & Demolition $426,357 2 Contaminated Soil Abatement NTE 3,500 CY Est $290,500 3 Reimbursables -Construction $279,812 4 Construction Mana ement Fee $574,000 Total CM 8 Site Acquisition Cost $1.,570,669 Construction Costs Phase II Bids 4/3/2007 1 Bid Phase II -Core & Shelf $5,836,369. 2 Bid Phase 111 - MEP's & Tenant Im rovement $8,714,942 3 Bid Phase IV -Site & Plaza $1,500,000 4 Construction Contin enc. 5% $802,566 Value En ineerin -$800,000 Total Construction Cost $1.6,053,877 Bid Alternates: Delete Basement -$1,000,000 .Delete South Wing -$800,000 -Raise Building by ^- 40 -$300,000 TOTAL PROJECT COSTS Total Project Cost w/FFE, before Alternates $0 $0 $18,090,456 Z:\ESTIMAT S & PROPOSALS\2006\Wes\Meridian Ci Hall\Project S mma 04-03-0 Presentation. ~~ _ • ~~ ~~ City ~f A~erediael ~ety Cierti ®ffic~ GENERAL CONTRACTORS & CONSTRUCTION MANAGEMENT Apri19, 2007 Mayor Tammy de Weerd Councilman Keith Bird Councilman Joseph Borton Councilman Charles Rountree Councilman David Zaremba City of Meridian 3:3 E Idaho St Meridian, ID 83b42 RE: New City Hall Project Bid Phase II -Bid Results Mayor and Council for the City of Meridian: On April 3, 2007 Phase II-The Cold Shell & Core scopes of work for the new City Hall bid with sealed proposals received by the City Clerk's office until 2:00 P.M. The 25 bids received for the 10 bid packages that comprised the contract documents were then carried to the council chambers where the bids were opened and read aloud in a public bid opening in accordance with IDPW requirements and applicable statutes. The bid results were tallied by bid package and the original tally sheets and bid documents retained by the City's Purchasing Agent, Mr. Keith Watts. Copies of the bids and a bid package re-cap sheet are included in the three ring binder accompanying this letter. All bids were checked for appropriate and current IDPWC license class, attached bid bond or bid guarantee, current Idaho RCE, acknowledgement of all published pre-bid addenda and a properly filled-out and signed bid form. Any deviations from the requirements were noted on the re-cap sheet and reviewed as a potential disqualifying action for the submitted bid. The confirmed low responsive bids are as follows: 90.56 W. BLACKEAGLE DR. BOISE., ID 83709 ~ PHONE: (20$) 323-4500 FAX: (208) 323-4.507 WWW.PETRAINGNET RCE-1875 - • E~~ ~.' - - APR 0 9 ~~~~ 1y9~ Re , 4 ':~~ City ~f AAeridiael ,~ ~~ w. City Clem ®~ffic~ GENERAL CONTRACTORS & CONSTRUCTION MANAGEMENT April 9, 2007 Mayor Tammy de Weerd Councilman Keith Bird Councilman Joseph Borton Councilman Charles Rountree Councilman David Zaremba City of Meridian 33 E Idaho St Meridian, ID 83642 RE: New City Hall Project Bid Phase II -Bid Results Mayor and Council for the City of Meridian: On April 3, 2007 Phase II-The Cold Shell & Core scopes of work for the new City Hall bid with sealed proposals received by the City Clerk's office until 2:00 P.M. The 25 bids received for the 10 bid packages that comprised the contract documents were then carried to the council chambers where the bids were opened and read aloud in a public bid opening in accordance with IDPW requirements and applicable statutes. The bid results were tallied by bid package and the original tally sheets and bid documents retained by the City's Purchasing Agent, Mr. Keith Watts. Copies of the bids and a bid package re-cap sheet are included in the three ring binder accompanying this letter. All bids were checked for appropriate and current IDPWC license class, attached bid bond or bid guarantee, current Idaho RCE, acknowledgement of all published pre-bid addenda and a properly filled-out and signed bid form. Any deviations from the requirements were noted on the re-cap sheet and reviewed as a potential disqualifying action for the submitted bid. The confirmed low responsive bids are as follows: 9056 W. BLACKEAGLE DR. ~ BOISE, ID 83709 PHONE: (208) 323-4500 FAX: (208) 323-4507 WWW.PETRAiNC.NET RCF-7R7S Bid Package/Scone of Work Responsive Low Bidder $ Bid Amount l/ Sitework_ MJ's Backhoe & Excavation $ .610,314.00 2/ Concrete Sidewalks, LLG $ 655,595.35 3/ Masonry * ~ TMC, Inc: $1,584,760.00 4/Steel Fabricate & Erect. Rule Steel Tanks; Ina, $1,847,000:00 5/NOT USED 6/Exterior Doors/Frames & Hardware .Architectural. Building Systems, Inc. $ 7,820.00 7/ Exterior Framing, Drywall, & Insulation American Wall Cover, Inc. $ 363,287.00 8/Aluminum Storefronts Curtain wall & Glazing Custom Glass, Tnc. $ 295,321.00 9/Roofing Western Roofing,.Inc. $ 182,990:00 10/Elevators ** Schindler Elevator Corp $ 222,100.00 11 / Moisture Protection & Water roofing SEALCO $ 67,182:00 Total of Responsive Low Bids for Phase II $5,836,369.00 * The bid form allowed for a bid on an alternate product for the Cast Stone on the building. The bid from TMC, Inc. for the Rock Cast -Cast Stone would result in a cost savings or contract reduction of <$ I~,b80.00>. ** A lower bid by $1,294.00 was submitted by ThyssenKrupp Elevator, but the product bid does not match the specifications, so the bid was disqualified on the grounds of not being in accordance with the bid documents. Petra Incorporated, as the Construction .Manager of Record, recommends that the City accept and ratify the results of the Phase II Bid Packages for the New Meridian City Hall as being valid and complete: Best Regards, Petra Incorporated 4-:~.~ April. 6, 2007 MERIDIAN CITY COUNCIL MEETING April 10, 2007 APPLICANT ITEM NO. S REQUEST Public Hearing: Proposed New Sewer PreTreatment Ordinance: 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: See Affached Draff Ordinance 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. April 6, 2007 MERIDIAN CITY COUNCIL MEETING April 10, 2007 APPLICANT Providence Development ITEM NO. 9 REQUEST Continued Public Hearing from March 27, 2007 -Annexation and Zoning. of 224.26 acres from RR to R-2, R-4 & R-8 zones for Blackrock Castle Greens Subdivision - West of S. Eagle Road and South of Amity 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: AZ 06-059 COMMENTS See Previous Item Pocket /Attached Minutes See Attached Memo MERIDIAN POST OFFICE: OTHER: New Affidavit of Postdng Attached Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. April 6, 2007 PP 06-059 MERIDIAN CITY COUNCIL MEETING April 10, 2007 APPLICANT Providence Development ITEM NO. 10 REQUEST Continued Public Hearing from March 27, 2007 -Preliminary Plat approval of 644 residential lots and 31 common lots on 224.26 acres in the proposed R-2, R-4 and' R~8 z®nes for Blackrock Castle Greens Subdivision - W of S. Eagle Rd 8~ S of Amity Rd 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 Previous Item Packet /See Attached Minutes See Attached Memo OTHER: New Affidavit of Posting Attached Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. April 6, 2007 MfP 07-002 MERIDIAN CITY COUNCIL MEETING April 10, 2007 APPLICANT Dimension Properties ITEM NO. 11 REQUEST Public Hearing -Modify the site specific requirements # 12 and # 13 of fhe Sond Final Plat for Sond Subdivision - 1155 and 1123 N. Black Cat Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: ~ See Attached Staff Report CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: See Attached Comments SETTLERS IRRIGATION: IDAHO POWfR: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Affidavit of Posting Attached Contacted: Date: Phone: Emailed: Staff Initials: Materidls presented at public meetings shall become property of the City of Meridian. April 6, 2007 VAR 07-004 MERIDIAN CITY COUNCIL MEETING April 10, 2007 APPLICANT Dimension Properties ITEM NO. 12 REQUEST Public Hearing -Variance to UDC 11-2A-5 to temporarily allow existing buildings to encroach in the required setbacks for Sond Subdivision (Lot 4, Block 1 and Lots 3 and 4, Block 3) - 1155 8~ 1123 N. Black Cat Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Staff Report CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: See Attached Comments SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Affidavit of Posting Attached Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. April 6, 2007 AZ 07-003 MERIDIAN CITY COUNCIL MEETING April 10, 2007 APPLICANT Stanley Consultants ITEM NO. 13 REQUEST Public Hearing: Request for Annexation and Zoning of 1.0 acres from RI to L-O and R-8 zones for Grau Subdivision - 4135 W. Cherry Lane 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 P8Z Item Packe$ /Minutes OTHER: See Applicant Request to Continue to April 17, 2007 / Af~davtt of Posting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. April 6, 2007 PP 07-005 MERIDIAN CITY COUNCIL MEETING April 10, 2007 APPLICANT Stanley Consultants ITEM NO. 14 REQUEST Public Hearing: Request for Preliminary Plat approval of 1 office lot in the proposed L-O zone and 3 single family residential lots in the proposed R-8 zone on 1.0 acres for Grau Subdivision -- 4135 W. Cherry Lane AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY $UILDING 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: See P8Z Item Packet /Minutes MERIDIAN POST OFFICE: OTHER: See Applicant Request to Continue to April 17, 2007 / Afildavit of Posting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. April 6, 2007 MERIDIAN CITY COUNCIL MEETING PP 07-004 April 10, 2007 APPLICANT Ron Babneau ITEM NO. ~ S REQUEST Public Hearing: Request for Preliminary Plat approval of 16 residential lots (proposed to contain 64 multi-family units) and 3 common lots on 5.7 acres in an L-O zone for Doubletree Subdivision - 1105 W. Pine Street: 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: COMMENTS See P8Z Item Packet /Minutes See Attached Recommendations MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. April 6, 2007 CUP 07-002 MERIDIAN CITY COUNCIL MEETING April 10, 2007 APPLICANT Ron Babneau ITEM NO. 16 REQUEST Public Hearing: Request for Conditional Use Permit to construct amulti-family development consisting of 64 multi-family dwelling units (4-plexes) on 16 lots in an L-O zone for Doubletree Subdivision - 1105 W. Pine Street: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER. DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See P&Z Item Packet /Minutes See Attached Recommendations Date: Phone: Staff Initials: Materiels presented at public meetings shall become property of the City of Meridian. April 6, 2007 RZ 07-004 MERIDIAN CITY COUNCIL MEETING April 10, 2007 APPLICANT Bob Niblett, Niblett 8~ Associates Architects ITEM No. 17 REQUEST Public Hearing: Request for a Rezone of 7.23 acres from R-4 to L-O zone for the property located at 1615 W. 2nd Street for LDS Church - 1615 W. 2nd Street: 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 P8Z Item Packet /Minutes See Attached Recommendations OTHER: Affidavit of Posting Attached Contacted: Date: Phone: Emailed; Staff Initials: Materials presented at public meetings shall become property of the Clay of Meridian. • • ,, April 6, 2007 MERIDIAN CITY COUNCIL MEETING April 10, 2007 APPLICANT ITEM NO. ~ $ REQUEST Executive Session per Idaho State Code 67-2345(1) (f) -- to consider and advise its legal representatives in pending litigation: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. l ..: • ~ W s ~ !~ ~.. CI`fYC7F Yd~.L~ ~ ~ y_,~ t,Z erl~l~n . ,~1 IDAHO } ~~P , ~ C^.~'~.: rFiF.n.SI.iRF:~~FY 61N6E t ; 19W 1 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joe Borton Charles Rountree David Zaremba CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234 /fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 /fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 /fax 888-6844 Police 1401 E. Watertower Lane 888-6678 /fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 /fax 884-0744 - Water 2355 N.W. 8th Street 888-5242 /fax 884-1159 • DELIQUENCY FOR TURN OFF Schedule for Apri'I 11, 2007 Cycle 2 RECEIVED APR 10 2007 City of Meridian (`ati- Clefk O~C® MAYOR: This letter attests to the fact that no water users have requested a pre-termination hearing for April 10, 2007. Users having delinquent utility bills will be shut off on April 11, 2007. The total amount past due is $ 12,937.38. The number of past due customers is 175. c_r,_~ Jaycee Holman Billing Manager CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 208') 888-4433 CITY CLERK -FAX 888-4218 CITY ATTORNEY / HR -FAX 884-8723 FINANCE & UTILITI' BILLING -FAX 887- 13 MAYORS OFFICE -FAX 884-81.16 i• • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 1 Standard Payment Customers Apr 10, 2007 04:51 pm Current Period: 04/20/2007 -Transactions Included Through: 04/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Report Criteria: Terminated customers not included Customer.Cust No O _ {<}880000001 Customer.Bill Cycle = 2 Customer.disconnected = No Customer.shut off list = No Ref No Cust No Name /Service Address Past Due Balance 1 17.34.2728.5 ACKERMAN, ELAINE 117.05 228.92 1210 COUGAR CREEK DR E 2 16.31.0226.5 AFRAM, HAMOURABI 60.20 99.70 1725 13TH AVE NW 3 17.34.3320.2 AGUILERA, MEINARDO & KIMBERLY 105.13 132.54 1542 RINGNECK DR E 4 9.90.1912.2 ALLEN, RALPH 57.58 87.12 3945 BRYCE CANYON PL N 5 3.15.4619.2 ARMSTRONG, BRADLEY & RAQUEL 154.70 291.75 2161 TANGO CREEK DR W NO ARRANGEMENTS ALLOWED TIL 7/11!07--CASH ONLY TIL 7/11/07. 6 18.42.1034.1 AV II L.L.C. 68.51 708.07 1890 FAIRVIEW AVE E 7 17.34.2710.6 BALLARD, DAVE & KRISTA 88.43 134.66 1408 COUGAR CREEK DR E 8 15.21.0560.2 BARBEE, JASON & FAIN STEPHANI 140.37 161.55 2602 PARK STONE DR W 9 17.33.2316..1 BELL, LILLY 113.03 148.50 2518 ARROW WOOD WAY N 10 10.20..0074.3 BENCH, JACOB 69.50 109.92 3922 COOL RIVER WAY N 11 14.20.0700.5 BIGHAM, CINDY 78.47 175.37 1.669 GOLFVIEW WAY N 12 15.22.2418.2 BiNGHAM, KEVIN & NANCY 72.31 116'.48 1795 TUMBLE CREEK DR W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 2 Standard Payment Customers Apr 10, 2007 04:51 pm Current Period: 04/20/2007 -Transactions Included Through: 04/20/2007 Shutoff Minimum of $ 50..00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 13 3.15.2621.2 GLAIR, MICHAEL & KRISTA 125.12 194.09 1876 HAM RAPIDS ST W 14 16.31.0242.2 BLABBER, DARREN G 61.80 84.88 1516 CHERRY LN W 15 3.18.1510.2 BLEDSOE, MARY 50.26 113.70 2727 DITCH CREEK DR W 16 13.13.6038.4 BODINE, DAVID L & JANICE L 89.24 189.90 4975 MCMURTREY ST W 17 17.34.1318.2 BOOHER, CRAIG & DANA 67.71 127.36 2627 SNOW GOOSE WAY N 18 8.85.0014.2 BRAUN, DEREK 56.19 88.10 4067 DONAVAN WAY N 19 10.20.0066.3 BROWN, CHRISTOPHER M 88.43 138.56 3830 COOL RIVER WAY N 20 15.22.2378.4 BROWN, STEVE & KARLA 107.25 154.40 1849 PARKSTONE ST W 21 15.21.2860.3 BROWN, TRAVIS & TEGAN 73.03 120.63 2820 FOXTROTTER DR W 22 18.42.2718.3 BRYANT, JOHN 77.56 121.09 2507 LAUGHRIDGE AVE N 23 16.32.14'32.1 BUEHRING, RANDI 76.23 129.51 572 WOODBURY DR W 24 14.19.5494.5 BURCHFIELD, DARRELL 65.86 1.09.59 2853 VALAM AVE N 25 12.40.0618.1 BURNS, DANIEL 82.35 148.77 4963 PINESTONE ST W NO ARRANGEMENTS FOR RENTERSrt 1 1 1 1 I.I 1 1 1 1 1 1 26 7.48.1409.2 BURNS, EMMETT 53.99 77.07 2559 OMERA ST E 27 13.13.6008.3 CAGLE, JAY 58.05 83.23 5180 MCMURTREY ST W 28 14.14.3618.3 CALZIA, PETER & DIANE 121.89 154.08 4103 BEDROCK DR W • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 3 Standard Payment Customers Apr 10, 2007 04:51 pm Current Period: 04/20/2007 -Transactions Included Through: 04/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 29 3.15.4925.1 CANYON RIVER CONSTRUCTION 62.08 85.16 2076 BOULDER BAR DR W 30 7.48.074'8.2 CARR, JOEY &CARR, WILLIAM 64.44 104.11 2227 NAKANO DR E 31 3.03.5182.3 CASE, LEX 52.89 77.02 1668 PUZZLE CREEK CT W 32 13.13.8540.3 CHALOUPKA, DANNYEL 54.29 122.81 2530 VALLEY GREEN WAY N NO ARRANGEMENTS ALLOWED FOR RENTERS PER OWNER 33 15.21.3260.2 CHRISTENSfN, JOHN & KAREN 106.68 240.90 2866 PARK STONE ST W 34 6.45.0402.1 CLARK, HEATHER 54.70 118.14 5150 SPANGLE AVE N 35 14.1.4.3670.3 COLLINS, JULIE 66.91 111.36 3011 SAGEFIRE AVE N (CORNER) 36 16.31.2286.4 COLSON, CAROL R 53.38 72.73 2852 14TH ST NW 37 10.20.0228.2 COWLISHAW, RICHARD & KRISTEN 50.26 112.65 3729 TIMBER LAKES WAY N NO ARRANGEMENTS ALLOWED FOR RENTERS PER PM!!! 38 18.42.2530.2 CRAW FORD, CHRISTIAN 85.62 175.27 2031 LOGHMEADOW CT E NO ARRANGEMENTS TIL 11/24/07!!.!--CASH ONLY TIL 11/24/07 FOR CUSTOMER WHO WROTE NSF TO KEEP/GET WATER BACK ON. 39 3..90.0330.2 CRIBBS, BRANDON & ALEO,DESERAE 62.35 151.76 3079 DIVIDE CREEK DR W CASH ONLY UNTIL 6/20/07 FOR PAM MILLER (RENTER'S MOTHER) DUE TO NSF.--DB-6/22/06 40 14.19.5498.2 CURTISS, MARK & AMY 74.44 134.73 2901 VALAM AVE N NO ARRANGEMENTS ALLOWED TIL CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 4 Standard Payment Customers Apr 10, 2007 04:52pm Current Period: 04/20/2007 -Transactions Included Through: 04/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance 7/25/07 FOR CURTISS (RENTER) WHO IS ON CASH OR MONEY ORDER ONLY TIL 7/25/07!! CURTISS PH: 794-4547 41 15.15.0042.3 DAVIS, CAMILLE & FARRELL, D. 123.43 180.74 1680 CLAIRE ST W 42 17.34.1056.2 DAVIS, MIKE & MARY 65.47 104.97 2652 BOBCAT WAY N 43 14.14.4324.1 DBD INC. 122.85 215.89 3605 PATEL DR W 44 18..42.1824.3 DELEON, SHAN 58.44 93.91 2166 MEADOW WOOD DR E NO ARRANGEMENTS ALLOWED UNTIL 10/13/07 DUE TO ANOTHER BROKEN ARRANGEMENT. ON CASH ONLY FOR SHAN DELEON PERMANENTLY. 45 15.21.0186.2 DERETICH, JOHN & STACEY 79.00 128.53 2637 CREEKSTONE CT W 46 5.50.0402.2 DILDINE, DERIN 52.97 114.04 842 YUCCA CANYON ST E 47 17.33.2612.6 DONALDSON, NEAL 79.64 107.05 2924 CAPE COD AVE N 48 12.40.0407.1 DUNBAR, JASON & SHANELLE 83.03 127.31 3288 MAPLESTONE DR W 49 15.22.1342.2 DUNN, LINDY 58.32 154.03 1877 MCGLINCHEY ST W 50 15.22.1418.2 EARLS, SCOTT & SHIRLEY 54.29 112.65 1745 MCGLINCHEY ST W 51 47.79.0509.2 EASON, SONIA 91.60 137.83 2140 COUGAR WAY N NO ARRANGEMENTS ALLOWED FOR RENTERS PER HPM!i!'[!!!F!!!f! 52 10.20.0230.2 EATON, RONDA 80.37 126.47 3713 TIMBER LAKES WAY N NO ARRANGEMENTS ALLOWED FOR RENTERS, PER HPMt!t • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 5 Standard Payment Customers Apr 10, 2007 04:52pm Current Period: 04/20/2007 -Transactions Included Through: 04/20/2007 Shutoff Minimum of $ 50..00 compared to Delinqu ent Balance Ref No Cust No Name /Service Address Past Due Balance 53 16.31.0164.3 EPP, DANIEL 61.44 92.88 1336 RADIAL CT W 54 6.06.1314.2 FIL, ERIC & HAUNTZ-FIL, TAMMY 92.88 131.20 5303 SCHUMANN AVE N ' 55 15.22.2524.3 FOWLER, RICHARD 54.29 112.65 1718 LOWRY ST V1/ 56 8.08.5124.3 GALUSHKIN, BRANDY & ANDREI 69.50 117.10 4529 MOONEY FALLS WAY N NO ARRANGEMENTS ALLOWED FOR RENTERS PER PM!!I 57 15.22.1596.4 GIAUQUE, PAUL 96.38 156.67 1767 BEARDON CT NO ARRANGEMENTS ALLOWED FOR RENTERS!!! 58 17.79.0611.3 GINNINGS, DEREK 59.77 169.42 2037 COUGAR WAY N 59 16.32.1354.3 GUERRERO, OSCAR 70.41 154.00 278 WOODBURY DR W 60 15.22.2326.6 GUINN, PHILLP M 64.29 218.06 1813 WHITESTONE CT W CASH ONLY FOR JIMMY PEREZ UNTIL 3/23/08 DUE TO NSF TOGET/KEEP WATER ON. PERSON NOT LISTED ON ACCOUNT; THEREFORE, NOT SURE WHO HE IS. 61 4.70.0194.4 GUTKE, STEVE & MOLLY 56.08 116.37 5757 ARLISS AVE N 62 3.90.0826.2 HALE, MEADOWS & CONWELL 71.59 144.98 5230 CORTONA WAY N 63 17.34.2732.1 HAMILTON, FLOYD 83.03 126.56 1178 COUGAR CREEK DR E 64 16.31.3394.2 HANHARDT, ANDREW & CAMILLE 84.40 122.57 1080 DELMAR DR 65 17.33.4248.2 HARGRAVE, CLATE & KAREY 51.59 99.15 2703 EUREKA AVE N • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 6 Standard Payment Customers Apr 10, 2007 04:52pm Current Period: 04/20/2007 -Transactions Included Through: 04/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address 66 14.14.3658.5 HARROWA, NITA 4180 CAMPFIRE ST W 67 16.32.1084.3 HARRYMAN, MARY 134 CHRISFIELD DR W Past Due Balance 55.47 79.60 63..53 111.09 68 10.20.0120.2 HAVLIK, JEREMY & LAURA 79.00 127.48 1741 QUJET PEAK ST W 69 8.08.5014.3 HEATTER, W. & ELLGESTON, N. 63.59 106.71 1498 GRAND CANYON ST E 70 15.21.2786.2 HELP FUND 2 167.55 225.57 2472 CLYDESDALE AVE N NO ARRANGEMENTS ALLOWED FOR RENTER (VEGA) UNTIL 2/2/2008-WROTE NSF TO GET/KEEP WATER ON. CASH ONLY. 71 15.22.2526.2 HERBERT, WILLIAM III 88.43 146.79 1740 LOWRY ST W 72 16.32.0458.2 HERRELL, JACQUELINE 55.62 103.18 2130 8TH ST NW 73 9.09.9014.3 HERRERA, LEOPOLDO & MARGARITA 63.69 90.80 1517 CRESCENT CT W (CORNER) 74 14.19.6566.2 HODGIN, JOHN 50.26 106.52 2949 BURLEY WAY N 75 14.20.1552.1 HOOK, ARTHUR L. 60.88 113.89 3350 SUGAR CREEK DR CASH ONLY DUE UNTIL 2/ 1./2008-N S F'S--D B. 76 7.04.0907.3 HORSEWOOD, AARON 69.29 124.30 1646 TERRITORY DR E 77 19.10..1304..2 HOYT, BRIAN 98.28 132.42 4184 RACE ST E 78 10.10.0634.2 HYMER, GERALD 58.29 125.76 4003 BREEZE CREEK PL N 79 3.15.5421.4 INDA, REYNALDO & ALGARIN, T 62.42 85.50 2135 BOULDER BAR DR W .. • • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 7 Standard Payment Customers Apr 10, 2007 04:52prn Current Period: 04/20/2007 -Transactions Included Through: 04/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cush No Name /Service Address Past Due Balance 80 16.32.1148.1 fRWIN, DAVID 58.85 90.29 411 CHRISFIELD DR W 81 6.45.0419.2 JAMIESON, TRACY 58.05 81.13 4832 SCHUBERT AVE N 82 14.14.4'440.3 JENSEN, ERIK & HEATHER 63.99 147.41 3754 BEDROCK DR W NO ARRANGEMENTS FOR RENTERS!! t! r!!! r! r!!! 83 7.48.0094.2 JOHNSON, SCOTT 65.24 117.47 2256 SATTERFIELD ST E 84 17.85.0414.2 JOHNSTON, MANDY 82.46 131.40 2725 ALDGATE WAY N 85 19.10.1314.2 JOHNSTONE, DAVID 51.44 86.91 4341 ARCH DR E 86 6.06.1926.2 KELLY, MICHAEL & LESLIE 69.09 100.73 1677 SABALIOUS ST E 87 17.33.3654.3 KLINE, KEVIN & GAIL 113.03 156.56 469 BALDWIN ST E 88 3.03.5050.2 KREIGER, DAVID & SHANNA 89.80 158.92 1897 DITCH CREEK DR W 89 3.90.1009.2 KUMAR, MANISH 62.08 85.16 2951 WAPOOT ST W 90 10.10.1046.3 LAND VENTURE, INC 50.26 111.60 3501 STATION AVE N 91 7.04.0906.3 LAND, JUSTIN, JESSICA & THOMAS 62.35 118.61 1624 TERRITORY DR E NO ARRANGEMENTS ALLOWED FOR RENTER (LAND) PERMANENTLY. BROKE LAST ARRANGEMENT.--DB 92 3.90.0832.2 LANE, JULI 73.53 125.16 2894 WAPOOT ST W NO ARRANGEMENTS ALLOWED FOR RENTERS, PER HPM!!! .. • • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 8 Standard Payment Customers Apr 10, 2007 04:52pm Current Period: 04/20/2007 -Transactions Included Through: 04/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 93 15.21.3018.1 CARSON, GORDON 58.32 125.79 2887 HEARTH AVE N 94 16.26.0104.2 LASHLEY, MATT 52.04 92.92 59 INDIAN ROCKS ST W 95 16.31.0538.6 LEMA, BENJAMIN & HEIDI 57.00 109.97 1521 KINGSWOOD AVE 96 15.22.2178.2 LEWIS, SHELLY & LAWRENCE 84.40 132.60 3019 ASTAIRE AVE N 97 8.08.5058.4 LIEU, TINA MARIA 65.47 110.97 4462 SUPAI AVE N 98 4.70.0104.2 LIND, ROBERT 50.26 109.67 5798 ARLISS AVE N 99 3.15.1330.4 LOPEZ, GILBERTO 107.70 157.06 1899 MARTEN CREEK DR 100 15.21.0040.3 LUCERO, JERRY 102.31 154.54 2002 KRISTEN WAY 101 3.03.5770.2 LUTES, ROBERT 58.32 136.12 2257 DITCH CREEK DR W 102 17.33.2746.3 MALVEAUX, KEVIN & DAWN 91.09 134.62 659 EDGAR ST E 103 18.42.2332.1 MARIN, JOSE 82.50 186.94 1902 GREENMEADOW CT E 104 17.34.1472.1 MARKHAM, RON 64.14 102.31 2898 MULE DEER WAY N 105 16.31.0790.3 MARKS, CONI 70.94 110.44 1304 FAIRWOOD DR 106 4.70.0417.2 MARSHALL, JOSEPH & VALICITY 58.50 104.00 5937 ARLISS AVE N 107 18.42.1206.1 MARTIN, LOREN 60.47 86.55 1975 DIXIE AVE N 108 10.20.0070.3 McCAULEY, JAMES R 51.59 154.42 3864 COOL RIVER WAY N • • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 9 Standard Payment Customers Apr 10, 2007 04:52pm Current Period: 04/20/2007 -Transactions Included Through: 04/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 409 16.21.0317.2 McCORMACK, K & MCTLUEEN, N 52.25 75.33 627 INDIAN ROCKS ST W 110 16.31.3648.3 MEACHAM, BRENT & KIMBERLY 63.89 102.06 1926 BLOSSOM PL 111 18..43.0428.2 MERTES, JEFFREY P. 113.03 152.53 2502 MEADOWGRASS ST E (CORNER) 112 9..09.0288.2 MILLER, JAMES 116.86 169.09 3602 ALEXIS WAY N 113 17.34.1938.4 MILLER, THOMAS C 57.41 88.85 705 WILLOWBROOK DR E 114 17.33.2742.2 MISNER, WENDY 50.79 78.20 619 EDGAR ST E 115 8.81.0307.2 MOCKBEE, RICK 67.71 149.82 122 ANION ST E NO ARRANGEMENTS ALLOWED FOR RENTERS PER HPM!'!! 116 18.42.1878.2 MOFFIT, DON 86.53 199.03 2072 SEQUOIA PL N 117 15.15.0526.2 MOLINA, RONALD 57.56 102.01 2267 LONESOME DOVE ST W 118 6.06.9590.2 MORGAN LAUREL 68.17 11.0.07 2192 MEADOW CREEK DRIVE E 119 16.32.1420.3 MUNOZ, LETITIA & JUAN 88.43 136.46 549 WOODBURY DR W 120 9.92.7158.2 MURRAY, JAY & MELISSA 69.50 122.01 4490 LORETTA ST W NO ARRANGEMENTS ALLOWED FOR RENTERS PER HPM!!! 121 18.42.1242.2 MURRAY, JOCELYN 76.16 114.33 2467 CLARENE ST E 122 8.08.1542.2 NEGRETTE, DORNELLA 58.32 123.86 405 PATAGONIA DR E CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 10 Standard Payment Customers Apr 10, 2007 04:53pm Current Period: 04/20/2007 -Transactions Included Through: 04/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 123 6.45.0307.1 NEIDER, MENDI 87.06 126.43 5035 SPANGLE AVE N 124 3.18.1206.3 NIELSEN, CHRISTOPHER 51.59 118.46 2347 APGAR CREEK DR W 125 8.81.0801.3 NIKITICH, DINA 54.29 126.84 539 ANTON ST E 126 9.09.0632.3 NOWASKI, CRAIG & JUDY 54.29 122.81 670 ASHBY DR W 127 17.34.2848.6 OLIVER, ERIKA 137.06 180.59 3043 YELLOW PEAK WAY N 128 15.15.3010.3 PAMELA DE JONG TRUST 65.47 109.92 1734 EMERALD FALLS DR W 129 13,13.8426.4 PETERSON, ALAN 119..64 180.71 4935 MOONLAKE DR W (CORNER) 130 17.34.2708.3 PRICE, PAT 50.79 74.17 1434 COUGAR CREEK DR E CANCELED D/P ON 8/7/06 PER OWNER REQUEST.-DB 131 4.70.0032.2 PRITCHETT, HEATHER 58.85 97.17 5672 BERGMAN AVE N 132 7.04.0804.2 PURWITZ, JENNIFER 52.75 75.83 1746 GRAND CANYON DR E 133 14.14.5034.2 PUTMAN, CHERYL 62.88 103.30 3703 BISMARK DR W 134 18.42.1988.3 RANSOM, JON 103.18 138.65 2219 MEADOWROSE PL N 135 14.14.3592.3 RAY, STAN 50.47 74.60 4084 PATEL DR W 136 3.15.1414.2 REYNA, ANTHONY & MARIA 96.12 150.45 1850 MARTEN. CREEK DR W 137 16.31.3518.5 RICE, KATHRYN 64.72 98.86 1836 11TH AVE NW CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 11 Standard Payment Customers Apr 10, 2007 04:53pm Current Period: 04/20/2007 -Transactions Included Through: 04/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 138 18.42.2596.2 RODERICK, RICHARD & GLENDA 50.26 92.46 2052 LOCHMEADOW CT E 139 8.08.0584.2 ROMERO, CATHERINE 84.40 132.60 3898 LEGACY COMMON AVE N 140 16.26.0205.2 ROSSI, CHRISTINA 58.05 77.40 418 INDIAN ROCKS ST W 144 15.21.0242.3 ROWE, MARGIE 76.23 128.46 2848 OLD STONE WAY N 142 15.21.2610.3 RYAN, DEBBIE 66.38 141.74 3001 KENDRICK ST W NO ARRANGEMENTS TIL 1/2/08 FOR RENTER (RYAN)!tl__CASH ONLY FOR RENTER (RYAN) TIL 1./2/08 FOR WHO WROTE NSF TO KEEP/GET WATER BACK ON. 143 9.92.7044.3 SELF, SEAN & KAYTEA 80..37 131.55 4420 KILEE AVE N 144 13.13.0022.3 SHERIDAN, JEFFREY & SHELLEY 51.59 119.34 4976 CLASSIC DR W 145 15.21.0208.1 SILSBY, TERRY 68.73 118.86 2674 OLD STONE WAY N 146 10.10.2020.2 SIMMONS, ADAM 57.41 86.62 2143 GRASSY BRANCH DR W 147 15.21.2836.2 SINGLETON, RODNEY 78.94 170.01 2777 STALLION ST W 1.48 7.04.1005.2 SMITH, ALEXANDER & LAURA 79.00 123.45 4493 STAMPEDE WAY N 149 9.09.9396.2 SMITH, DANETTE 92.46 150.82 4152 ARCHES WAY N 150 8.08.5028.2 SNOW, TIMOTHY & ItERRI 92.46 149.94 4471 PARK CROSSING AVE N 151 3.15.4301.1 SORENSEN, PETER 64.25 98.26 2560 WOLF RAPIDS DR W 152 7.40.0016.2 STACEY, HOLLY 55.27 122.14 3248 SUMMERBROOK PL N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 12 Standard Payment Customers Apr 10, 2007 04:53pm Current Period.: 04/20/2007 -Transactions Included Through: 04/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 153 15.24.0152.2 STODDARD, NORMAN 58.32 132.97 2486 LEANN WAY N 154 10.40.1084.2 TAKASUGI, LYNETTE M. 76.23 127.41 2640 PRIMELAND DR W 155 10.10.2360.1 THANADABOUTH, JIM & MARIBEL 61.64 132.09 2511 TEANO DR W 156 18.42.2096.2 THOMAS, BARBARA A 60.11 90.22 2224 WiNGATE PL N 157 15.21.1150.2 TOTH, CRAIG 87.06 132.56 2392 MAXIE WAY N 158 12.40..0202.2 TSVEROV, YURILY 50.26 107.57 3484 OAKSTONE AVE N 159 17.79.0207.2 TURCOTTE, TINAE 114.40 156.60 756 BLUE HERON ST E 160 14.14.3018.1 VAIL, RANDY & VICTORIA 59.65 163.53 3075 HIGH DESERT WAY N (CORNER 161 15.21.2884.3 VANNEWKIRK, TAI 64.14 109.36 3054 FOXTROTTER DR W 162 19.10.1006.2 VEIRS, RONALD 91.09 134.62 4224 ARCH DR E 163 17.33.3746.5 WALLACE, BOW 101.77 162.80 2769 ARROW WOOD WAY N 164 13.13.6146.2 WALTERS, JIM & MARY 85.62 159.33 4990 MCMURTREY ST W (CORNER) 165 12.40.0507.2 WARD, HEATHER & ALLAN 54.23 127.56 5441 ALDERSTONE ST W NO ARRANGEMENTS ALLOWED FOR RENTERS, PER HPM!!! 166 16.32.0662.3 WARE, RANDY & BETH 83.03 122.53 425 CRANMER DR 167 10.55.2105.2 WATSON, SCOTT AND TONI 84.40 134.53 2855 TORANA DR W 168 16.46.3508.2 WHITMIRE, SCOTT & SYNDI 104.97 148.37 478 SEDGEWiCK DR W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 13 Standard Payment Customers Apr 10, 2007 04:53pm Current Period: 04/20/2007 -Transactions Included Through: 04/20/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 169 8.08.1244.2 WILSON, JACOB & ANDERSON, MERI 60.11 101.13 411 CASSIDY DR E 170 17.33.2538.1 WITMER, STEPHEN & LAURIE 52.36 99.92 700 GROUSE CT E 171 17.85.0324.2 WOOD, NATHAN & CHELSEY 50.26 100.52 273 RYEGATE DR E 172 9.09.9126.3 WOYAK, CYNTHIA 78.54 124.64 1425 WHITE SANDS DR W 173 17.34.1858.6 WRAY, JENNIFER 72.58 120.14 2050 BRIXTON PL NO ARRANGMENTS FOR CUSTOMER 174 5.50.1009.2 ZENTGRAF, JON & SHELLI 80.37 126.47 615 SILVER TORCH ST E 175 17.79.0705.2 ZTLATAN, BEHRIC 60.11 106.34 2060 EUREKA AVE N Grand Totals: 175 Customers Listed 12,937.38 22,768.39 Report Criteria: Terminated customers not included Customer.Cust No () _ {<}880000001 Customer.Bill Cycle = 2 Customer.disconnected = No Customer.shut off list = No