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HomeMy WebLinkAbout2007-05-08• Revised 5-7-®7 ' CITY OF ~u°'' - 1DAH0 ;~j '~ C~R ~ TREASURE V ~Y 'SINCE 1903 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian,. Idaho Tuesday, May 8, 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 the best of the ability of the presenter." 1. Roll-call Attendance: ~_ David Zaremba ~ Joe Borton ~ Charlie Rountree ~ Keith Bird ~ Mayor Tammy de Weerd 2. Pledge of Allegiance: G~fv~i7 /~l4~yu. 3. Community Invocation by Pastor Shawn Ragan with Church of God Seventh Day: ire t~~ 4. Adoption of the Agenda: a~'~1rov~c, 5. Proclamation for National Historic Preservation Month: /~ek,oC.. 6. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: AZ 06- 065 Request for Annexation and Zoning of 22.30 acres from R1 to a C-G zone for Ahlquist Annexation by Ahlquist Development, LLC -Southeast Corner of the intersection of Eagle Road and Franklin Road: ~~~,.-'`'r` B. Findings of Fact and Conclusions of Law for Approval: PP 07- 007 Request for Preliminary Plat approval of 11 commercial lots on 19.30 acres in the proposed C-G zone for Gardner-Ahlquist Gateway Subdivision by Ahlquist Development, LLC -Southeast Corner of the intersection of Eagle Road and Franklin Road: Qy~""'^~" Meridian City Council Meeting Agenda -May 8, 2007 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • Revised 5-7-07 7. 8. 9. 10. C. Findings of Fact and Conclusions of Law for Approval: VAR 07-006 Request for a Variance to UDC 11-2H-4 to allow an existing approach to Eagle Road (SH 55) to remain as part of the intensification and change in use proposed for the property for Gardner-Ahlguist Gateway by Gardner-Ahlquist Development, LLC -Southeast Corner of the intersection of Eagle Road and Franklin Road: a~~irw~ D. Resolution No. O 7' 558 Amendment to the Standard Operating Policy and Procedure Manual Regarding Appropriate Clothing Attire for Work Purposes, and Procurement: .~~„s w E. Resolution No. p7. 559 Amendment to the Standard Operating Policy and Procedure Manual Regarding Electronic Mail: a~~s~ F. Resolution No. ~ 7.560 Amendment to the Standard Operating Policy and Procedure Manual Regarding On-Call /Call Out Duties and Compensation: ~~~~,,~,.~- G. Approve Water Main Easement Agreement for Pleasant Valley Office by Pleasant Valley, LTP: ~~'~'r'"°"'`' H. Approve Memorandum of Understanding with DMHR Development, .LLC - Gemtone No. 5 Irrigation Reimbursement for $17,900.50: ~~~v,c~ I. Approve License Agreement with Nampa & Meridian Irrigation District fora 10 inch Water Main Under the Nine Mile Drain within the Taylor Subdivision: ~Y'I'''"°"{' Items Moved from Consent Agenda: fib Public Hearing.: Proposed Issuance by the Colorado Educational and Cultural Facilities Authority of its Adjustable Rate Demand Revenue Bonds, Series 2007 for Cole Valley Christian Schools Project: Public Hearing.: Pawnbrokers Ordinance License Fee: Ordinance Amending Title 3, Chapter 5, of the Meridian City Code Regarding: License Fee; Section Numbering; and Providing for a Waiver of the Reading of RULES; and Providing an Effective Date: /hoc p~v~-.c ~ o~r~diha~-oc. ~' n.c ac f Amended Ordinance No. 07-1292A AZ 06-048 Request for Annexation and Zoning of 32.75 acres from RUT to a C-G zone (8.74 Meridian City Council Meeting Agenda -May 8, 2007 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • Revised 5-7-07 acres) and I-L zone (24.01 acres) for Creamline Park Subdivision by Creamline Associates, LLC - 1200 West Franklin Road: ~~~,y'n° ~ 11. Department Reports: A. Legal Department: 1. Discussion of Use of Facilities Hold Harmless Agreement with Joint School District No. 2: ~~`..c~ B. Mayor's Office: 1. Appointment to the Meridian Development Corporation: ti~r~Y°~- Scof`f' Tur''-~ih9 fow C. Finance /Purchasing Department: 1. Approval of Contracts for Phase II of City Hall Proiect Packages 1-11 for a total Not to Exceed Amount of $5,836,369.35: MJ's Backhoe and Excavation, Inc. $ 610,314.00 ~ro~v Sidewalks, LLC $ 655,595.35 ap~~- TMC, Inc $1,584,760..00 c~rr~~- Rule Steel Tanks, Inc $1,847,000.00 ~,..ev~ .~~ ~„~ Western Roofing, Inc. $ 182,990.00 ~~~ Seal Co. $ 67,182.00 u~"r'~"°'^'" 12. Executive Session per Idaho State Code 67-2345(1)(c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): ~~ Meridian City Council Meeting Agenda -May 8, 2007 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • ~(,Qt~S ~ `~~~-t :~ ~~--12~c L /l~~ ce~ - L Inc ~~ dl r 'CITY OF ~~.~_>•.' - ~_%~~l eY1G~1~~I - -^ ~Y 1DAH0 ;~ y ~// Fc ~~ ~ TREASURE V ~Y b~tlCE 1903 CITY COUNCfL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, May 8, 2007 at 7:00 p.m. 1. "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 the best of the ability of the presenter." Roll-call Attendance: David Zaremba Charlie Rountree 2. 3. 4. 5. 6. Pledge of Allegiance: Community Invocation by Adoption of the Agenda: Joe Borton Keith Bird Mayor Tammy de Weerd Proclamation for National Historic Preservation Month: Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: AZ 06- 065 Request for Annexation and Zoning of 22.30 acres from R1 to a C-G zone for Ahlquist Annexation by Ahlquist Development, LLC -Southeast Corner of the intersection of Eagle Road and Franklin Road: B. Findings of Fact and Conclusions of Law for Approval: PP 07- 007 Request for Preliminary Plat approval of 11 commercial lots on 19.30 acres in the proposed C-G zone for Gardner-Ahlquist Gateway Subdivision by Ahlquist Development, LLC -Southeast Corner of the intersection of Eagle Road and Franklin Road: Meridian City Council Meeting Agenda -May 8, 2007 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • 7. C. Findings of Fact and Conclusions of Law for Approval.: VAR 07-006 Request for a Variance to UDC 11-2H-4 to allow an existing approach to Eagle .Road (SH 55) to remain as part of the intensification and change in use proposed for the property for Gardner-Ahlauist Gateway by Gardner-Ahlquist Development, LLC -Southeast Corner of the intersection of Eagle Road and Franklin Road: D. Resolution No. Amendment to the Standard Operating Policy and Procedure Manual Regarding Appropriate Clothing Attire for Work Purposes, and Procurement: E. Resolution No. Standard Operating Electronic Mail: Amendment to the Policy and Procedure Manual Regarding F. Resolution No. Amendment to the Standard Operating Policy and Procedure Manual Regarding On-Call /Call Out Duties and Compensation: G. Approve Water Main Easement Aareement for Pleasant Valley Office by Pleasant Valley, LTP: H. Approve Memorandum of Understanding with DMHR Development, LLC - Gemtone No. 5 Irrigation Reimbursement for $17,900.50: I. Approve License Aareement with Nampa 8~ Meridian Irrigation District fora 10 inch Water Main Under the Nine Mile Drain within the Taylor Subdivision: Department Reports: A. Legal Department: 1. Discussion of Use of Facilities Hold Harmless Agreement with Joint School District No 2: B. Mayor's Office: 1. Appointment to the Meridian Development Corporation: 8. Items Moved from Consent Agenda: Meridian City Council Meeting Agenda -May 8, 2007 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • s 9. Public Hearing: Proposed Issuance by the Colorado Educational and Cultural Facilities Authority of its Adjustable Rate Demand Revenue Bonds, Series 2007 for Cole Valley Christian Schools Project: 10. Public Hearing: Pawnbrokers Ordinance License Fee: Ordinance Amending Title 3, Chapter 5, of the Meridian City Code Regarding: License Fee; Section Numbering; and Providing for a Waiver of the Reading of RULES; and Providing an Effective Date.: 11. Amended Ordinance No. 07-1292A AZ 06-048 Request for Annexation and Zoning of 32.75 acres .from RUT to a C-G zone (8.74 acres) and I-L zone (24.01 acres) for Creamline Park Subdivision by Creamline Associates, LLC - 1200 West Franklin Road: 12. Executive Session per Idaho State Code 67-2345(1)(c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): Meridian City Council Meeting Agenda -May 8, 2007 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY OF MERLDIAN NOTICE OF HEARING • NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on Tuesday, May 8, 2007, for the purpose of reviewing and considering the proposed Amendment to the Pawnbroker License Ordinance which specifically adds license fees omitted by the previous ordinance amendment. The proposed ordinance by title reads: AN ORDINANCE AMENDING TITLE 3, CHAPTER 5, OF THE MERIDIAN CITY CODE REGARDING: LICENSE FEE; SECTION NUMBERING; AND PROVIDING FOR A WAIVER OF THE READING RULES.; AND PROVIDING AN EFFECTIVE DATE. A more particular description of the proposed ordinance is on file in the City Clerks Office, 33 East Idaho Avenue, Meridian, and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. You may contact the City Clerks Office at (208) 888-4433 during regular business hours. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials should be submitted to the City Clerk no later than seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing.. All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at (208) 888-4433 at least 72 hours prior to the public meeting. ~~~"'"""""~~J, ~~` ~ g ~/ DATED this 20th day of April, 2007. ~j, = ~.~~~"/ice= ~ c ~z .~;: ~ WILLIAM G. BERG, JR., CITY CLE ~ ~' 9 '` ~ : ` ~w PUBLISH 23rd and 30th of April, 2007 , `Y ~~ /1/I11111H HN11+,oQL • Meridian Citv Council Meeting Mav 8, 2007 The regular meeting of the Meridian City Council was called to order at 7:05 P.M., Tuesday, May 8, 2007, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Charlie Rountree and Joe Borton. Others Present: Ted Baird, Will Berg, Len Grady, Bill Musser, Joe Silva, Keith Watts, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Charlie Rountree X X Joe Borton X Keith Bird Mayor Tammy de Weerd De Weerd: I will go ahead and call this meeting to order. It is Tuesday, May 8th. It's 7: 05. Thank you for joining us here this evening. Mr. Berg, will you, please, call roll. Item 2: Pledge of Allegiance: De Weerd: Tonight we will be led in the pledge by Chris Blaine. He is a student at -- a senior. So, aren't you getting senioritis that you would rather spend your time anywhere but here? But he will lead us in the pledge tonight. If you will all rise. (Pledge of Allegiance recited,) Item 3: Community Invocation by Pastor Shawn Ragan with Church of God Seventh Day: De Weerd: Chris, if I could give one of our City of Meridian pins and thank you for leading us. And good luck with the extra credit. I think that pin and leading us in the pledge should get you extra points. So, make sure you tell your teacher that. Yeah. It will be online in the minutes. You could prove it even. Okay. Item 3 is our community invocation. Tonight we will be led by Pastor Shawn Ragan with the Church of God Seventh Day. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Pastor. Ragan: Thank you. Shall we pray? Oh, God, our Heavenly Father, who loveth mankind and art most merciful and compassionate. Lord have mercy on our city and on our Mayor and Council. Direct them in the path that you would have them walk according to your will for our city and our community. Give them wisdom in the decisions they make tonight and guide them and all of those who serve on our behalf throughout the week, that they may accomplish the tasks set before them. Watch over • Meridian City Council May 8, 2007 Page 2 of 18 our police and fire departments, protect them and keep them from harm's way as they work to protect us. Be with each officer as they work to keep us safe. Watch over all of those who are in need in our community, the sick and the dying, the hungry and the poor, help us to reach out in Christian love to each person in Meridian, especially those who are struggling.. Watch over our armed forces both those serving at home and abroad.. Protect them as they serve our country and keep us safe from those who seek to harm us. We thank you, oh, Father, for all that you do, for your great love and mercy, and we ascribe all glory and honor to your holy name, of the Father and of the Son and of the Holy Spirit, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Pastor. Item No. 4 is adoption of the agenda. Bird.: Madam Mayor? De Weerd: Mr. Bird: Bird: Seeing how I didn't get the resolution numbers, I need. to -- 07 what? Okay. We have had no request to change any of our agenda. Items D, E, and F on the Consent Agenda is Resolution Nos. 07-558, 07-559, and 07-560 and with that I move that we approve the agenda as published.. Rountree: Second.. Zaremba: Second... De Weerd: Okay. I have a motion and a second to approve the agenda as noted.. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Proclamation for National Historic Preservation Month: De Weerd: Item 5 is a proclamation for National Historic Preservation Month. So, you know, we can ask Frank if we have any questions about what currently -- actually, Frank, if you wouldn't mind after I read this proclamation, if I can present it to you and maybe you can tell us what the Historical Preservation Commission is up to. Okay. Whereas, historical preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering local pride and maintaining community character, while enhancing livability and, whereas, historical preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages and all walks of life, and all ethnic backgrounds, and, whereas, it is important to celebrate the roll of history in our life and the contributions made by dedicated individuals in helping to preserve the tangible assets of the heritage that has shaped us as a people and, whereas, making preservation work is the theme for National Preservation Month, May Meridian City council May 8, 2007 Page 3 of 18 2007, cosponsor by the City of Meridian Historic Preservation Commission and the National Transfer of Historic Preservation. Therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim May 2007 as National Preservation Month and call upon all the people of the City of Meridian to join their fellow citizens across the United States and recognizing and participating in this special observance. And I will just hand it to you, Frank. But if you can give us an overview, we would enjoy that. Thomason: Thank you, Madam Mayor, Members of the Council. I seldom am asked to speak before this body. Asa -- just as a prelude note, I trust the new City Hall will include at least one or more armchairs wide enough to accommodate my amplitude. I have been on the Historic Preservation Commission for over ten years -- ten to 12 and along with Tom Hammonds.. I'm very proud to serve as part of the dynamic group and as part of a process whereby there is more input from the HPC into the processes whereby applications are brought to the city and, then, reviewed and ultimately approved. In the last year the City of Meridian added two buildings to the National Register of Historic Places, making a total of six, and on June 5th, following a chamber luncheon, we are having a signage event for the two new buildings. One's on the southwest corner of 2nd and Pine. The other is the Dorian Studio building across from the post office. Meridian does not have what's called an Historic Preservation District, that is a cluster of buildings that are adjacent to where you can actually have a district, but a year or two ago we came up with an approach that the city is actually following, whereby the new projects, including mixed use and the new City Hall, will incorporate certain features that lend .itself to the appearance of the historic district and in some cases actual materials, as in the case of the bricks. That's very exciting. And as a member of a former -- one of the many hundreds of former creamery families in the area, I couldn't be more proud of this city for its leadership and for the direction in which you're taking us. It is extremely exciting and thanks to the support of the City Council and some very timely personal input from the Mayor, we, as a group, are becoming more involved with projects to provide input, that I think will ultimately benefit not just the downtown core where we started with our consultant, but also the city as a whole and as we expand to Ten Mile interchange is a good example of that. A developer recently came to us through the city to ask us what could be done to preserve and salvage some of those materials and we are working with that developer and we are extremely excited and I just want to say thank you for the opportunity to serve on the commission and I am looking forward to the new city Hall with great anticipation. Any questions, I will be glad to try and answer them. De Weerd: Thank you, Frank. Council? Rountree: No. Thank you. Zaremba: Thank you. De Weerd: We appreciate your stepping in at the last moment and -- Thomason; I am honored. Meridian City Council May 8, 2007 Page 4 of 18 Item 6: Consent Agenda: CJ A. Findings of Fact and Conclusions of Law for Approval: AZ 06- 055 Request for Annexation and Zoning of 22.30 acres from R1 to a C-G zone for Ahlquist Annexation by Ahlquist Development, LLC -Southeast Corner of the intersection of Eagle Road and Franklin Road: B. Findings of Fact and Conclusions of Law for ApprovaF; PP 07- 007 Request for Preliminary Plat approval of 11 commercial lots on 19.30 acres in the proposed C-G zone for Gardner-Ahlquist Gateway Subdivision by Ahlquist Development, LLC -Southeast Corner of the intersection of Eagle Road and Franklin Road: C. Findings of Fact and Conclusions of Law for Approval: VAR 07-006 Request for a Variance to UDC 11-2H-4 to allow an existing approach to Eagle Road (SH 55) to remain as part of the intensification and change in use proposed for the property for Gardner-Ahlquist Gateway by Gardner-Ahlquist Development, LLC -Southeast Corner of the intersection of Eagle Road and Franklin Road: D. Resolution No. 07-558 Amendment to the Standard Operating Policy and Procedure Manual Regarding Appropriate Clothing Attire ffor Work Purposes, and Procurement: E. Resolution No. 07-559 Amendment to the Standard Operating Policy and Procedure Manual Regarding Electronic Mail: F. Resolution No. 07-560 Amendment to the Standard Operating Policy and Procedure Manual Regarding On-Call / CaIB Out Duties and Compensation: G. Approve Water Main Easement Agreement for Pleasant Valley Office by Pleasant Valley, LTP: H. Approve Memorandum of Understanding with DMHR Development. LLC - Gemtone No. 5 Irrigation Reimbursement for $17,900.50.: I. Approve License Agreement with Nampa 8< Meridian Irrigation District fora 10 inch Water Main under the Nine Mile Drain within the Taylor Subdivision: Meridian City Council May 8, 2007 Page 5 of 18 De Weerd.: Okay. Item 6, our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird.. Bird: I move we approve the Consent Agenda, which Item D is 07-558, Item E is 07- 559 and Item F is 07-560., resolution numbers, and with that I move we approve it and for the Mayor to sign and the Clerk to attest on all papers. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda as stated. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. There were not items moved from the Consent Agenda. Item 8: Public Flearing: Proposed Issuance by the Colorado Educational and Cultural Facilities Authority of its Adjustable Rate Demand Revenue Bonds, Series 2007 for Cole Valley Christian Schools Project: De Weerd: Item 8 is a Public Hearing on the proposed issuance for Cole Valley Christian School. I will go ahead and open this Public Hearing and ask if there are any comments from the public. Mr. Berg., do you have a statement on this to read, so that -- this is some bonding and funding that Coie Valley Christian School is pursuing.. As part of that bonding requirement they do have to issue a Public Hearing. The city is offering this as -- to help them fulfill their requirements and it requires no action, just a Public Hearing. Mr. Berg. Berg.: Thank you, Madam Mayor. You said it pretty well, but I will just read a bottom sentence that you will sign it and I will attest to on the document. The City of Meridian will not bear responsibility for this tax exempt status of the bond, the debt service on the bonds, or any matter related to the bonds. We are holding a Public Hearing for these bonds and for the school and for the bondholder and that's all our obligation is. So, we are just doing it as a service to them and I think all the obligations that they need to have will be met. And if the attorney has anything else to add he can. Baird: Madam Mayor, Members of the Council, that says it all. My notes, in preparation, were just to reemphasize that this is not a pass through like you have done • Meridian City Council May 8, 2007 Page 6 of 18 for other entities and we have no responsibility whatsoever, as you said before, and it appears that no one is here to take advantage of that. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I would just like to add to the record that this would have been given the standard public notice and since it appears that we did not attract anybody to speak on it, just for the record, that adequate notice has been given that people could come on this matter and apparently they didn't, but at least they were notified. De Weerd.: Okay. So, no public comment. Seeing none -- Rountree: Question, Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: For Ted or Will, either one. Is there a period of time in which the hearing needs to remain open or can it be closed and the transcript sent to the applicant? Baird: Madam Mayor, Members of the Council -- Rountree: Some of these require -- Baird.: This was -- this is the time and the place. We anticipate that you would make a motion to close the Public Hearing this evening and forward the record on. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If there is no public testimony, I move that we close the Public Hearing for Item No. 8, on the Colorado Educational and Cultural Facilities Authority of its Adjustable Rate Demand Revenue Bonds, for Cole Valley Christian School, and forward the transcript of this Public Hearing to the applicants.. 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. MOTION CARRIED: ALL AYES. Meridian City Council May 8, 2007 Page 7 of 18 De Weerd: We will proceed with forwarding the appropriate documents to the school, so they can move forward on this item. Thank you, Will. Otero 9: Public Hearing: Pawnbrokers Ordinance License Fee: Ordinance Amending Title 3, Chapter 5, of the Meridian City Code Regarding: License Fee; Section Numbering; and Providing for a Waiver of the Reading of RULES; and Providing an Effective Date: De Weerd: Okay. Item No. 9 is the Public Hearing for our Pawnbrokers Ordinance License Fee.. I will open this Public Hearing and invite any members of the public to come forward if you have testimony. Council, I guess I would say that we visited this ordinance last year in detail. We had participation from our local pawnbrokers. I think there is two or three businesses -- two? And one of the things that we didn't do is establish the license fee itself, so this is coming back to establish that, so we can put that into practice. Seeing no public testimony, I would entertain a motion to close the Public Hearing on this item. Zaremba: Madam Mayor, I would have some discussion. De Weerd: Okay. Mr. Zaremba. Zaremba: And I don't know whether that needs to be before the Public Hearing is closed or not, but -- De Weerd: I think it's appropriate. Zaremba: Okay. If I may. I have noted a couple things that I would like to ask -- I'm pointing to the clerk that the list of City Council members does not include me at the moment. In the section where it says -- exactly talking about pawn shop employees, which is Section 5 -- I'm sorry, 3-5-56, it looks like, or 5.6, on D it says no pawnbroker shall employ a person who has been convicted of a felony ortheft-related offense. This is a semantic question, I guess, whether we should emphasize that by saying any felony or any theft-related offense. And I don't know if that requires any discussion, but -- then, under 3-5-9.10, it looks like, records, paragraph B-3, it says that one of the records that they need to keep is the nature and date of the transaction and, then, identification number. Nowhere else does it say how that identification number is derived and I would suggest that we add that -- specifically that identification numbers are to be either sequential or serial, whatever you would call it, and that they keep a log of those numbers, so that fhey just don't make a random number. Under -- this is also under records. Same paragraph, but now section four, where it says the record they need to keep is a complete description, then, there is some special things that need extra records, jewelry, vehicles, and firearms and, again, I pose this as a question, I guess.. Now that digital photography is so easy, would it be fair to require each pawnbroker to have a digital camera and actually take a picture of the item to include in the record.. And I would ask the same question about paragraph five, can they not take a picture of the seller and include that in the record. This may be a question for our attorney. But ~~ Meridian City Council May 8, 2007 Page 8 of t8 C~ anybody who chooses to do business with the -- and since the stated goal of this policy is to limit the opportunity for stolen goods to be passed along and anybody that has legitimate dealings with a pawnbroker should be willing to have their picture taken and I don't see that as an expensive or difficult burden on the pawnbroker. I'm suggesting these things for discussion, if anybody has an opinion on them. Anybody want to discuss that or should I go on? De Weerd: I don't know if I should suggest either our attorney or our chief of police.. I think he came prepared to talk about the fees. Zaremba.: Oh, I'm sorry. Baird: I do have a suggestion that regard, Madam Mayor and Members of the Council, and Councilmember Zaremba. You're pointing out some good things. I have already lost -- I have already fallen behind in taking notes on this. Tonight's hearing was, indeed., noticed up for -- as specific to the fees. I think we would owe it to the pawnbrokers, pawn shop operators, if we were going to make additional changes to have a new hearing and come forward with the list that you have got perhaps. So, maybe the thing to do is to meet with police and legal and the things that you're pointing out are very well taken and maybe we can come back again with another ordinance. Zaremba: I apologize for complicating the hearing. I, actually, agree with and have no comment on the fees and I will sit down with the attorney and the chief of police and discuss my handwritten notes on the other subject offline. De Weerd: We appreciate you read it. Berg: Madam Mayor, if I can just say that we did send this information on the changes - - the proposed changes that dealt with just the fees to both the pawnbrokers. They knew that was coming up, because we did say this was the freebie year that we didn't get -- we weren't able to charge them a fee, but we would get them next year and they -- they understood it was coming. This other information I think that would be a good dialogue to talk to them about, because we did have a good dialogue when we did the changes originally in October and I think it was a good dialogue back and forth with our ,police department and the pawnbrokers. So, I think these are some good suggestions we need to talk to them about, but like the attorney said, we noticed for this fee change., because we didn't have a fee at all in the ordinance and we had to notice it, because we were establishing a fee. Zaremba: I'm still a rookie, so I can make mistakes at this point. Berg: No mistake. De Weerd: No, not mistakes.. Zaremba: Thank you. Meridian City Council May 8, 2007 Page 9 of 1'8 r~ De Weerd: Okay. Thank you, Mr. Zaremba. Any other comments before I ask to close the Public Hearing? Rountree: I have none. De Weerd: Okay. Do I .have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the Public Hearing on Item No. 9, Pawnbrokers Ordinance License Fees. Bird: Second.. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Item 9. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd:~ Okay. Rountree: And the action is to move to approve the fees? Mr. Clerk? Berg: Madam Mayor, Councilman Rountree, I would suggest that you just suggest us to put the ordinance on the agenda. We have to amend the ordinance, because we have to say that there is a fee and, then, we can do that. Rountree: Madam Mayor, question for city clerk and legal attorney. Should we just have that fee in a resolution, so we don't have to amend the ordinance time and time again? Berg: Madam Mayor, in my opinion, which may not be the attorney's opinion, we have a lot of fees established by ordinance and it's not a lot of difference, such as massage therapists and a few others that are established by ordinance. If we raise them more than five percent, then, we have to have a hearing. A lot of fees, especially if there is schedules, are good to have in a resolution, because., then, you can keep up with them and. modify them a little bit differently, like, for instance, the parks and recreation. De Weerd: So, we will set this for next week. Does that work? Okay. Item 10: Amended Ordinance No. 07-1292A AZ 06-048 Request for Annexation and Zoning of 32.75 acres from RUT to a C-G zone (8.74 Meridian City Council May 8, 2007 Page 10 of t8 acres) and I-L zone (24.01 acres) for Creamline Park Subdivision by Creamline Associates, LLC - 1200 West Franklin Road: De Weerd: Okay. Item No. 10 is an amended ordinance, 07-1292A. Mr. Berg, will you, please, read this ordinance by title only. Berg: Thank you, Madam Mayor, Members of the .Council. Ordinance 07-1292A, an amended ordinance for annexation of property being a portion of the west one half of the southwest one quarter of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to I-L and C-G in the Meridian City Code, providing that a copy of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date.. De Weerd: Thank you. You have heard this ordinance read by title only. is there anyone who would like to hear it read in its entirety? Thank you for not saying yes. Council, would you, please, give me a motion. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve Ordinance 07-1292A, with suspension of rules. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 10. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 11: Department Reports: A. Legal Department: 1. Discussion of Use of Facilities Hold Harmless Agreement with Joint School District No. 2: De Weerd: To our high school students, usually our meetings are much more boring than this. Thank you for joining us. This is one of the first meetings we have had that we haven't had any land use applications on it. So, you just happen to hit one of the • Meridian City Council May 8, 2007 Page 11 of 1'8 most boring evenings. We would invite you back anytime. Item 11 under Department Reports, we will start with legal with discussion of use of facilities. Baird: Thank you, Madam Mayor, Members of the Council. The agreement that's on the agenda is a resolution of a problem -- let me use a different word. It resolves a problem that we have had in getting the school district to acknowledge that we are not able to .give them a certificate of insurance. They are merely a certificate holder. It's a legal distinction that our insurance carrier has steadfastly refused to change and we have got the district to acknowledge that. So, we asking that you approve and the Mayor to sign this agreement, so we can move forward and make use of the shared use of the school district facilities for a variety of programs. De Weerd.: Mr. Baird, we sure appreciate the work on behalf of the attorney's office and certainly that with Mr. Freeman to find some kind of compromise and taking the time to explain what our whole -- what parameters have been -- has been difficult at best, but glad to see it finally resolved. Baird.: Thank you, Madam Mayor and Members of the Council. Yes., we have had a number of meetings. We have had the attorney for the insurer meet with Mr. Freeman and I'm sure Mr. Freeman has had multiple meetings with his client the school district, and we have reached that common ground that allows our citizens to make use of -- make full use of the facilities that have already been paid for. De Weerd: Thank you. Council, what we need is a motion to approve this and authorize me to sign and the clerk to attest. Bird.: Madam Mayor? De Weerd: Mr. Bird. Bird:: I move we approve the joint hold harmless agreement with the Joint School District No. 2 and for the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd.: Okay. I have a motion and a second on this item. Any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, abstain. MOTION CARRfED: THREE AYES. ONE ABSTAfN. B. Mayor's Office: 1. Appointment to the Meridian Development Corporation: • • Meridian City Council May 8, 2007 Page 12 of 18 De Weerd: Okay. Item B. I have in front of you a request to confirm an appointment to the Meridian Development Corporation for Scott Turlington. He is with us here tonight. He will be replacing Erik Oaas on the MDC board, so that Mr. Oaas can spend his time and attention to the project that he has upcoming here in downtown. I did not open this up again, because we just recently filled a position on the board and our top three were of high interest to us and, Scott, certainly, if you have anything you would like to add, I would invite you forward.. You look different than when I last saw you, so when you came in it was just like., boy, that guy looks familiar. Turlington: You weren't sure who you had there, were you, so -- Madam Mayor, appreciate the opportunity to address you briefly and I will be brief. I don't have a lot to add.., but I would just give you a -- just a brief overview of my background and thank you in advance for your consideration of this appointment. I currently work for Tamarack Resort, which is located about 90 miles north of Boise, south of McCall, and in my capacity I'm the vice-president of external affairs and public relations and I handle all the regulatory matters, permitting matters, corporate lobbyists, and affairs of that nature for the resort and I have been with Tamarack for just over three years and prior to that I worked for the governor of Idaho for about five years and prior to that spent some time with one of our senators here in Idaho. So, I have had a chance to travel around this great state quite a bit and I have had the good fortune of calling Meridian home for the last two years, two and a half years, and I was just really interested in this opportunity, when I read about it, so I pursued it and I just look forward to getting involved with MDC and being able to understand more about the rules and helping out where I can and bringing, hopefully, some good ideas to the -- to the board relative to my relationship with Tamarack and being heavily involved with the development there and what's going on, you know, from, basically, the ground up. It gives me a good perspective on community and community building. So, look forward to it and certainly, Madam Mayor, Members of the Council, I would stand for any questions if there are any. De Weerd: Thank you, Scott. Council, any questions? Bird: I have none. Rountree: I have none. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I would only comment that I was pleased by the information that was provided in the resume that you provided to the Mayor and I welcome you to this opportunity and as impressed I was with the information you have provided, I hope your interest in activities with Meridian will go beyond MDC as well. Welcome. Turlington: Thank you, Madam Mayor. Appreciate that. Thanks. • Meridian City Council May 8, 2007 Page t3 of 18 De Weerd: I think Scott has summarized our interest he brings, the skill set that currently isn't on MDC and, certainly, the experience he has at Tamarack and seeing a village born, has an interest as we have renewal in our own downtown. So, with that said, I would like to put this appointment in front of you for your confirmation. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: It's my pleasure to move that we approve the appointment of Mr. Scott Turlington to the Meridian Development Corporation Borton: Second. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve the appointment of Scott Turlington to the Meridian Development Corporation. If there is no discussion, Mr. Berg.. Berg: Thank you, Madam Mayor. It's implied that he will fulfill the appointment seat for Erik Oaas. Rountree: For Mr. Oaas. Yes. De Weerd: And just also for the record -- and I did discuss this with Mr. Turlington, this seat will expire in August of this year and I will bring his reappointment to you at this time, unless he convinces me that, oh, man, did he get in over head. And I will put that onus on Councilman Borton and Bird, if that happens. Borton: Fair enough. Turlington: Madam Mayor, I would make mention -- you mentioned the other night the first meeting that I would attend would be in the morning and without the benefit of having my schedule in front of me, I'm committed in the morning fora 7:00 o'clock flight out of town. So, unfortunately, I will miss the first meeting, which probably isn't the best way to start, but -- maybe it is. I don't know, but -- Rountree.: It happens to the best of us. Turlington: Well, 1 would much rather be here -- Bird.: We don't pay very much at this job. Turlington: That's what I'm told. Well, you get what you pay for. But I will miss Saturday morning, but would -- I look forward to at east making contact with the other • Meridian City Council May 8, 2007 Page 14 of 18 board members to introduce myself, the ones I haven't met yet, and get scheduled to the next one. De Weerd: And I think that works out good., because it gives you a chance to meet prior to your first full board meeting and have some kind of acclamation, too, so -- Turlington: Okay. Thanks. De Weerd: Okay. Thank you. Mr. Berg. Berg.: We do have his a-mail address, so we will get him plenty of information to look over. De Weerd: He will kill you with information. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. C. Finance /Purchasing Department: 1. Approval of Contracts for Phase II of Citv Hall Project Packages 1-11 for a total Not to Exceed Amount of $5,836,369.35: MJ's Backhoe and Excavation, Inc. $610,314.00 Sidewalks, LLC $655,595.35 TMC, Inc $1,584,760.00 Rule Steel Tanks, Inc $1,847,000.00 Western Roofing, Inc. $182,.990.00 Seal Co. $67,182.00 De Weerd: Thank you, Council. Thank you, Scott, for being here tonight. Okay. Item 11-C. Our finance department. You have a load of contracts in front of you. I will have Mr. Watts introduce those. Watts: Good evening, Madam Mayor and Councilmembers. Petra had hoped to get all the contracts here tonight for approval, but we were only able to get six of them signed and executed by the contractors. Those contracts will be MJ's Backhoe and Excavation; Sidewalks, LLC; TMC, Inc; Rule Steel; Western roofing, and Seal Co. So, we will be removing ABS -- Architectural Building Supply, American Wallcovering -- or Wallcover. Custom Glass and Schindler Elevator from the approval list tonight. We will bring those as soon as we get those. I will bring to your attention that we sent out a conditional notice of award -- once you approved the bid awards, we sent out a • Meridian City Council May 8, 2007 Page 15 of 18 conditional notice award to all ten vendors, contractors that they could prepare to begin work, start to prepare in their own office. They are not to commence any on-site work until we have bonds and insurance all verified and, then, they are issued an executed contract with a purchase order and a notice to proceed. And to this date the only contract that I have both bonds and insurance for is Rule Steel. So, they will get their full notice to proceed after you approve the contracts and execute them. The others we will hold until we get their bond and insurance, create a purchase order, and forward that on through Petra. De Weerd: Okay. Thank you. Council? Bird: Madam Mayor? De Weerd: Yes. Bird: Keith, also, we have MJ's over there, but you do have a certificate of -- Watts: Exactly. Yes, we do have it -- that was from a previous agreement with them, yes. Bird: I just wanted that clear at this point. Borton: Madam Mayor? De Weerd.: Yes, Mr. Borton. Gorton: Keith, is that -- I don't know if delay is the right word. Watts: No. Borton: Is that pretty normal in the course of -- Watts: Absolutely. I thought -- trying to get everything today I thought was pushing it quite a bit when they were issued their contracts. I'm happy that we got six of them, actually. Borton: Okay. Watts: And it does take a little bit of time for them to get their bonds. Insurance should be a simple phone call and, then, it comes directly from their insurance carrier. Borton: Okay. Watts: But we will oversee that part of it for sure, because we are covering our liability and., then., we will forward that to Petra and let them know that they are now available to give those full notices to the contractor. We will work through them. I • Meridian City Council May 8, 2007 Page 16 of 18 Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird.: And also on the bonding, each one of them had to be -- each one of their bids had to be accompanied with a bid bond, unless they were with a certified check, but if they were with a bid bond, that's -- the bonding company is assuring you that they are going to issue a bond to that -- Watts: Exactly. Bird: -- to that work for that amount of money and sometimes some of these guys don't have to have much bond and it's takes awhile, if you don't have a track record. Watts: Yeah. It could. You know, it's not unusual that we don't have them all yet. I'm not concerned. And work is not to begin for quite some time for most of these. Bird: We would just not pay them until we have all of it. Watts: Absolutely. De Weerd: Okay. Any other questions? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: The wording of what we are being asked to approve would change a little bit, I would think. Do you have the math for the six items that -- Watts: I don't. I did not recalculate, because I -- Petra was -- Zaremba: Does it make a difference as to how we make the motion, whether -- Bird: I was going to make a motion with individual dollars -- Watts: Yeah. Zaremba: Okay. All right. Bird.: -- for each contract. Zaremba: Thank you. • Meridian City Council May 8, 2007 Page 17 of T8 Baird: Madam Mayor and Members of the Council, just as a reminder, you have already approved the budget for this, so it's really the agreement themselves that are receiving your approval with the direction for the Mayor and the Clerk to sign and attest. Watts: And I would also like to add that those agreements were in the original bid forms that we had sent out and were part of the award packages as well. So, none of the language has changed. De Weerd.: Thank you. Okay. Council, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird,. Bird: I'd move we approve contracts for phase two of the City Hall project to MJ's Backhoe and Excavation, Incorporated, for $610,314. Sidewalks, LLC, for $655.595.35. TMC, Incorporated -- do you supposed we could remove that 35 cents -- $1,584,760. Rule Steel Tanks, Incorporated, $1,847,000. Western Roofing, Incorporated, $182,990. And Seal Co. for $67,182. Zaremba: Second. De Weerd: And you will authorize the Mayor to sign -- Bird: Oh. And authorize the Mayor to sign and the Clerk to attest. De Weerd.: Thank you. Zaremba: Also seconded. Bird: Apologize. De Weerd: Okay. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Gorton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Watts: Thank you, Madam Mayor and Council Members. De Weerd: Thank you. Council, I'd just like to remind you there is a town hall meeting at the senior center on Thursday evening that is being led by Kay Francis in regards to our entitlement funds that we are pursuing and looking at pulling together a strategic community plan, so would remind you, invite you, and we hope we get a good turnout. • Meridian City Council May 8, 2007 Page 18 of 18 Item 12: Executive Session per Idaho State Code 67-2345(1)(c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): De Weerd: Item No. 12 is our Executive Session per Idaho State Code 67-2345(1)(c). Do I have a motion? Rountree: Madam Mayor, I move that we go into Executive Session per 67-2345(1)(c). Bird: Second.. De Weerd: Okay. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: Rountree: I move we adjourn from Executive Session. Bird: Second. De Weerd: Okay, I have a motion by Charlie and a second by Keith to come out of Executive Session. All those in favor say aye. MOTION CARRIED: ALL AYES. MEETfNG ADJOURNED AT 8:29 P.M. (TAPE ON FfLE OF THESE PROCEEDINGS) APPROVED: MAYOR T Y DE WEERD ATTESTED: WILLIAM G ~ / 2~/~ DATE APPROVED ~~~~""'~~"'"'~~~~ v ~~ °i' t tiv ,~ P3 u _ d . BERG JR., IT ~.E ~ flf .9.J ~ /'A~ s q~ ~ ~ q\ ~: Q~ P 1~~ ' Q' 4~e ~i o~ • • May 4, 2007 MERIDIAN CITY COUNCIL MEETING May $, 2007 APPLICANT ITEM NO REQUEST Proclamation for National Historic Preservation Month 5 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 ~ ~~ ~ P,,r Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • ?~Ce Office of t`ie 9-~tayor P R, O C L .~l ~-~l .~l ~I O N ~1~Vf ereas, historic preservation is an ef~ecfive tool for managing growth, revitalizing neighborhoods, fostering local pride and maintaining. community character while enhancing livability; and 1M`iereas;;}historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and ' 1~Vfte-teas, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve-the tangible aspects of'the heritage that has shaped us as a ..people; and 1NFereas, "Making Preservation Work!" is the theme for National Preservation Month May 2007; co-sponsored by the City, of Meridian Historic Preservation Commission and the National Trust for Historic Preservation; ?rerefore, I, Tammy de Weerd; .Mayor of the 'City of Meridian, do hereby proclaim May 2007, as NatonaCPreservativn ~-~ionth and call upon all the people of the City of Meridian to join-their fellow- citizens .across the United States in recognizing'and participating in this special observance. Dated this 8th day of `May, 2007. ~ryry. Tam de ',eerd, .Mayor Joe Boston, City Council Cha`r'.I'ie :Rountree, City Council Keith. Bird, City Council David Zaremba, City Council ?fie Office of t6ie Mayor P R O C L .~l ~1~1.~1 ~I O N 1Nfcereas, historic preservation is an ef#ecfive tool for managing growth, revitalizing neighborhoods, fostering local pride and maintaining. community character while enhancing livability; and' 1Nhereas,~historic,preservation is relevant for communities across the nation, both urban. and rural, and for Americans of all ages, all walks of fife and all ethnic backgrounds; and 1Nifrereas, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in :helping to preserve the tangible aspects of`the heritage that fias shaped us as a people; and 1N,~iereas; "Making Preservation Work!" is the theme for National Preservation Month May 2007; co-sponsored by the City of Meridian Historic Preservation 'Commission. and the National Trust for Historic Preservation; ?T erefore, I, Tammy de Weerd; Mayor of the City of Meridian, do hereby proclaim May 2007, as National Preservation .~1~lonth and call upon all the people of fhe City of Meridian to join their fellow-citizens .across the United States in recognizing and participating in this special observance. Dated this 8th day of{May, 2007 ~` ~~~r . Tam de "~,eerd, .,Mayor Joe Borton, City Council Charlie Rountree, City Council Keith Bird, City Council David Zaremba, City Council • ~r . ~.! .~ .. .` CITY OF ~r~ ~.- - ~~ -. ~Yl~l.~'~~ r -- `~ IDAHO ,j 7~,e Office of tFie ~-~layor P~Z,OCL.~L~bi.~l71ON "1Ni~iereas, historic preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and "1Nhereas, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and 1Nhereas, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and "1Nifiereas, "Making Preservation Work!" is the theme for National Preservation Month May 2007, cosponsored by the City of Meridian Historic Preservation Commission and the National Trust for Historic Preservation.; ~ferefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim .May 2007, as National Preservation ~-~lonth and call upon all the people of the City of Meridian to join their fellow citizens across the United States in recognizing and participating in this special observance. Dated this 8th day of May, 2007. Tammy de Weerd, Mayor Joe Borton, City Council Charlie Rountree, City Council Keith Bird, City Council David Zaremba, City Council Preservation Month 2007 Sample~clamation ~ National Trust for Histori~eservation Page 1 of 1 . ~ ~. The National Trust for Historic Preserva#ion The National Trust provides leadership, education, advocacy, and resources to save America's diverse historic places and revitalize our communities. Preservation Month Sample Pro 1-a-r~-a#i_o (Print and re-type on your stationery.) WHEREAS, historic preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and WHEREAS, "Making Preservation Work!" is the theme for National Preservation Month 2007, cosponsored by (name of organization in your state or city) and the National Trust for Historic Preservation NOW, THEREFORE, I, (governor of your state, mayor of your city), do proclaim May 2007, as National Preservation Month, and call upon the people of (your state or city) to join their fellow citizens across the United States in recognizing and participating in this special observance. National Trust Atlas Use the National Trust's .Preservation Atlas to find your community's historic resources. Local Contacts Please use the drop down list below to select a state: State '~~ Go Regional Offices Regional and field offices bring the programs and tools of the National Trust to local communities across the country Learn more! Visit the National Trust's Preservation Books, the online bookstore that offers information on every aspect of preservation. 1785 Massachusetts Ave, NW, Washington, DC 20036-2117 • tel: 202.588.6000 • 800.944.6847 • fax: 202.588.6038 ©2007 National Trust for Historic Preservation. All rights reserved. Privacy .Statement ~ Terms of Use http://www.nationaltrust.org/preservationmonth/proclamation.html 5/3/2007 "Preservation Month 2007 ~ Natio~rust for Historic Preservation • Page 1 of 1 The Nations Trust for Historic Preservation The National Trust provides leadership, education, advocacy, and resources to save America's diverse historic places and revitalize our communities. May Is Preservation Month Making Preservation Work! The National Trust for Historic Preservation will commemorate the third annual National Preservation Month in May 2007. And while the theme of this year's National Preservation Month-Making Preservation Work-is new, the idea behind preservation month remains the same; celebrating the country's diverse and irreplaceable heritage by participating in local events throughout the nation. Throughout May, the National Trust and its thousands of partners across the country will demonstrate the importance of our nation's heritage as they focus on many aspects of the preservation movement including historic travel, heritage education, historic homeownership, and community revitalization. Local celebrations will highlight the unique culture and traditions of different areas of the country, and the National Trust strongly encourages people to participate in National Preservation Month events being held in their communities. The National Trust has prepared documents to help your community celebrate Preservation Month: ~- -a Ga, ~' ~a ~ti a W r~, ~'~ ~ n ~~ ~ ~~~' ~ ~~ ~ _ ' ~ti e ~ ;1. -~ ,~.' ~'' _i~'~ ~ ~~ . • Sample Press Release volunteer paints a wooden horse at • Publicity Plan Directiohs Carousel Gardens, New Orleans • Public Service Announcement Template • Sample Activities to Celebrate Preservation Month • Statement .from Richard Moe, President, National Trust for Historic Preservation on Preservation Month 2007 Get Involved Read the Samole National Preservation Month Proclamation, and use it to promote preservation in your community. Auction Make a bid for preservation during May's Preservation Month Online Auction, which will feature getaways at historic hotels, special access to sites, and much more. Proceeds will support preservation nationwide. Getaways National Trust Historic Hotels of America is celebrating Preservation Month by offering an array of springtime specials. Events Looking for a Preservation Month event near you? Check out the National Trust's events calendar. 1785 Massachusetts Ave, NW, Washington, DC 20036-2117 • tel: 202.588..6000 • 800.944..6847 • fax: 202.588.6038 ©2007 National Trust for Historic Preservation. All rights reserved. Privacy Statement ~ Terms of Use http://www.nationaltrust.org/preservationmonth/ 5/3/2007 ~. • • SAMPLE ACTIVITIES TO CELEBRATE PRESERVATION MONTH 1) Host an open house to show off a historic building that has been recently restored or is in need of restoration. 2) Work with students to research the history of their community or a well-known local landmark such as their school, then put on a pageant to present their findings. 3) Hold a career day, inviting preservationists, architects, craftspeople, researchers and others to speak to students about their work. 4) Encourage Main Street merchants to create special store-window displays that highlight the history of their business or building. 5) If a historic building in town is threatened with demolition, hold rallies, letter-writing campaigns, cleanup days, and/or and public town meetings. 6) Hold workshops for owners of historic houses. 7) Organize a work project to clean up a historic town square, park or cemetery. 8) Conduct a walking tour through a historic district. 9) Collect "then and now" photos of your community and exhibit them in a public space such as a school or library. 10) Present preservation awards to those who have made a difference in your community. 11) Organize a block party, community picnic or period fashion show in a historic neighborhood or park. 12) Hold a photo or architectural trivia contest. 13) Volunteer on an archaeological dig. 14) Conduct oral history interviews with longtime residents. 15) Bury a Community Time Capsule to be opened in 2057. • / • NATIONA TR s NEWS RELEASE for HISTORIC PRESERVATION® wwW.natlOnaltruSt.Org FOR IMMEDIATE RELEASE CONTACT: Office of Communications, 202-588-6141 DIRECTIONS TO CREATE A PUBLICITY PLAN FOR NATIONAL PRESERVATION MONTH 1) Plan events for Preservation Month that will generate the most media interest. Choose occasions that are visual and involve a number of participants. 2) Designate a media coordinator as the primary contact for press inquiries. Your organization benefits from having one person develop relationships with the press. 3) Prepare a complete list of all radio and television stations in your community (including cable), daily and weekly newspapers, magazines, online news forums and community newsletters. Call the media and identify areporter/editor who would be interested in Preservation Month news. Include education, real estate and architecture editors; assignment editors; feature writers; and the editorial page editor. 4) Prepare a media advisory about your event, identifying "who, what, when, where and why." Send it at least a week in advance. Follow up your advisory with a personal phone call to each reporter or editor. 5) Prepare a news release to distribute at your event and to send to press that cannot attend. Include a headline, release date, contact name and phone number, and boilerplate description of your organization. Releases should be concise and factual, and should appear on your organization's stationery. Use the sample press release provided as a model. 6) Set up an interview for your spokesperson with a local radio or television talk show. Many broadcast stations have programs that focus on community and public affairs issues; they are often taped in advance to air on Saturday and Sunday mornings. Call at least three to four weeks in advance. Ask whether there will be other guests and how long the segment will last so you can be well prepared. 7) Get your activities into radio, television and cable community calendars. Call each station and ask for the public service announcement (PSA) director who is responsible for informing the public about community events. Send the PSA director 15- or 30-second scripts about Preservation Month activities. Include an interesting lead sentence with basic information about the event, location, time and phone number for more information. For accuracy, make sure you read your script aloud and time yourself with a stopwatch. The National Trust for Historic Preservation is a private, nonprofit membership organization dedicated to protecting the irreplaceable. Recipient of the National Humanities Medal, the Trust was founded in 1949 and provides leadership, education, advocacy, and resources to save America's diverse historic places and revitalize communities. Its Washington, DC headquarters staff, six regional offices and 28 historic sites work with the Trust's 270,000 members and thousands of local community groups in all 50 states. For more information, visit the Trust's web site at www.nationaltrust.or~. History is in Our Hands 1785 Massachusetts Avenue, NW, Washington, DC 20036 May 4, 2007 AZ 06-065 MERIDIAN CITY COUNCIL MEETING May 8, 2007 APPLICANT Ahlquist Development, LLC ITEM NO. 6A REQUEST Findings -Annexation and Zoning of 22.30 acres from R 1 to a C-G zone for Ahlquist Annexation -Southeast Corner of the intersection of Eagle Road and Franklin Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION` SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Findings Emailed: ~~, ,per ~ -(h/,?~~n ~~,~~„~ Staff Initials: M~ Is presented at public meetings shall become property of the City of Meridian. L J CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER i ~- < -` ®nMO ~' ~. In the Matter of Annexation and Zoning of 22.30 acres from R-1 (Ada County) to C-G (General Retail and Service Commercial) AND Preliminary Plat Approval for 11 commercial lots on 19.3 acres in the proposed C-G zone, for Gardner-Ahlquist Subdivision, by Ahlquist Development, LLC Case No(s). AZ-06-065, PP-07-007 For the City Council Hearing Date of: Apri124, 2007 (Findings approved on May 8, 2007) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of Apri124, 2007 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of Apri124, 2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 24, 2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of Apri124, 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 CASE NO(S). AZ-06-_065 and PP-07-007- PAGE 1 of 4 • • 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 Apri124, 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 Submitted and prepared by Treasure Valley Engineers on January 31, 2007 is hereby conditionally approved; 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of Apri124, 2007 incorporated by reference; and, The following modifications to site specific conditions and development agreement provisions were made at the City Council hearing: i. Approved one right-in/right-out access to Eagle Road (see VAR-07-007); ii. Approved one right-in/right-out/left in access to Franklin Road and required the applicant to design and construct the traffic control devices (medians, pork chops, etc.) at the Franklin/1Vlontvue Park intersection to direct traffic movements; iii. Allowed buildings to be a maximum of 100-feet tall without any subsequent approval; iv. Required the applicant to landscape the area outside of the ultimateright-of- way for Eagle Road by either vacating the excess right-of--way, or entering into a license agreement with the transportation authority; v. Required the applicant to construct a 10-foot wide multi-use pathway, lighting and landscaping along Eagle Road that is consistent with the Eagle Road Corridor Study. vi. Required around-about at the intersection of Louise Drive and Montvue Park Drive to alleviate potential cut through traffic; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-065 and PP-07-007- PAGE 2 of 4 D. Notice of Applicable Time Limits Notice of Twelve (12) Month 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 terlnination 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 Inay require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met 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 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 Apri124, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-065 and PP-07-007- PAGE 3 of 4 • • By action of the City Council at its regular meeting held on the ~~ da of y 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED__Z~~ COUNCIL MEMBER JOE BORTON VOTED__~~~~- COUNCIL MEMBER CHARLIE ROUNTREE VOTED_~ COUNCIL MEMBER KEITH BIRD VOTED__'~~ MAYOR TAMMY de WEERD VOTED -^ (TIE BREAKER) Attest: ~~ William G. Berg, Jr., ty C Copy served upon Applicant, Attorney. Mayo~~,~~,m e W erd ~~ r~ :. ~.- ~ ~~~ irk - ~ ~ \, The Planif~~ DC1$ ~~~rrt;~Public Works Department and City B ' /19~~ Dated: cJ' ~~ 01 City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-065 and PP-07-007- PAGE 4 of 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: 4/24/2007 Mayor and City Council Justin Lucas, Associate City Planner 884-5533 p:;t;~- 2 e-rv taw '_ .~. .~ ~,~. ~~'1~11 ..~ V iD~Hq }~ ~v- f' Ahlqust Annexation/Gardner-Ahlquist Preliminary Plat AZ-06-065 Annexation and Zoning of 22.30 acres from R-1 (Ada County) to C-G (General Retail and Service Commercial) PP-07-007 Preliminary plat approval of 11 commercial lots on 19.3 acres in the proposed C-G zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Ahlquist Development, LLC, has applied for Annexation and Zoning of 22.30 acres from R-1 (Ada County) to C-G (General Retail and Service Commercial) and Preliminary Plat approval of 11 commercial lots in the proposed C-G zone. The applicant intends to develop a large office and retail center on this site that would include several office buildings and some smaller commercial structures. The subject property is located on the southeast corner of Franklin Road and Eagle Road (SH 55) in Section 16, Township 3 North, Range 1 East. This site is composed of multiple lots within the existing Montvue Park Subdivision (Ada County). The site contains various existing homes and associated outbuildings that will be removed/relocated at the time of development. This property is within the City of Meridian's Area of Impact and Urban Service Planning Area. 2. SUMMARY RECOMMENDATION Staff recommends approval of AZ-06-065 and PP-07-007, as presented in the staff report for the hearing date of March 15, 2007, based on the Findings of Fact as listed in Exhibit D and subject to the Development Agreement and preliminary plat provisions proposed in Section 10. The Meridian Planning and Zoning Commission heard these items on March 15 2007 At the March 15 2007 public hearing the Commission voted to recommend approval a. Summary of Commission Public Hearing: i. In favor: Penelope Riley, Ron Mortimer Tom Ahlguist Matt Bell ii. In opposition: None iii. Commenting: None iv. Written testimony: Matt Bell, St. Luke's RMC v. Staff presenting application: Justin Lucas vi. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. -Access to Eagle Road ii. -Traffic concerns c. Key Commission Changes to Staff Recommendation: i. -Modified condition 1.2.4 regarding the access to Eagle Road to include the statement. "Unless approved through a variance by the City Council" ii. -Strongly supported the proposed access point to Eagle Road with the following language which was included in the motion "Commission highly recommends aright-in, right-out access on Eagle Road. We feel it's necessary for traffic flow and safety and viability of the proiect Gazdner/Ahlquist - AZ-06-.065, PP-07-007 PAGE 1 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 d. Outstanding Issue(s) for City Council: i. -A variance application has been submitted for City Council review regarding the access point to Eagle Road (see VAR-07-006) ii. -A vacation application been submitted for City Council review regarding the right-of-wav vacation required by ACRD with this proiect (see VAC-07- 00 iii. Staff has concerns about the excess right of wav adiacent to Eagle Road This area. could end up as a "no mans land". ~, _ ummarv of :itv o ~ncil P ~hli Wearinvc i. In favor: Penelope Riley. Tom Ahlauist. Ron Mortimer Bob Floto ii, In opposition: None iii. Commenting: Christy Richardson (ACHDI iv. Written testimony: Matt Bell. (St. Luke'sl. ACHD_ ITI~ v. Staff presenting application: Caleb Hood vi. Other staff commentine on annlication•_ None 1L ev Ic ue of Diccuccion by o ~n i i. Access to the site• ii. Landscapine and liehtine_ alone Eagle Road: iii, Heieht of buildinQSi iv. Traffic. ~, Council Actions i. A moved one right-in/rieht-out access to Eagle Road (see VAR-07-0071• ii. Approved one right-in/right-out/left in access to Franklin Road and required the applicant to design and construct the traffic control devices (medians Work chops etc.l at the Franklin/Montvue Park intersection to direct traffr. mnvements• iii. Allowed buildings to be a maximum of 100-feet tall without any subsequent approval: iv. Required the anplicant_ to landscape the area outside of the ultimate right-of--wav for Eagle Road by either vacating the excess right-of--wav or entering into a license a Bement with the transportation authority: v. Required. the applicant to construct a 10-foot wide multi-use pathway lighting and landscaping along Eagle Road. that is consistent with the Eagle Road Corridor Study vi. Required around-about at the intersection of Louise Drive and Montvue Park Drive to alleviate. potential cut through traffic: 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-065 and PP-07-007 as presented in the staff report for the hearing date of Apri124, ,2007, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-06- 065 and PP-07-007 as presented during the hearing on Apri124, 2007, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat request.) Gardner/Ahlquist - AZ-06-065, PP-07-007 PAGE 2 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 Continuance After considering all staff, applicant and public testimony, I move to continue File Number AZ- 06-065 and PP-07-007 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: Southeast corner of the intersection of Franklin Road and Eagle Road Section 16, T3N, R1E b. Owner: Artiach Properties, LP Touchmark of the Treasure Valley, LLC 2770 E Franklin Road PO Box 1355 Meridian, ID 83642 Meridian, ID 83680 Note: For a complete list of property owners please see the project file c. Applicant: Ahlqusit Development, LLC 1263 West Wickshire Court Eagle, ID 83616 c. Representative: Penelope Riley, Treasure Valley Engineers d. Present Zoning: R1 (Ada County) e. Present Comprehensive Plan Designation: Commercial £ Applicant's Statement/Justification: "The applicant is proposing a mixed use development targeted towards high end users. The proposed uses include shopping, restaurant services, general office, and medical office." 5. PROCESS FACTS a. The subject application will in fact constitute an annexation 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 UDC 11-5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: February 26`x, and March 12`x, 2007 (Planning Commission), March 26`h, and April 9~h, 2007 (City Council) d. Radius notices mailed to properties within 300 feet on: February 16`h, 2007 (Planning Commission), March 23`d, 2007 (Gifu Councill e. Applicant posted notice on site by: March 5~', 2007 (Planning Commission), April 7"', 2007 (City Council) Gardner/Ahlquist - AZ-06-065, PP-07-007 PAGE 3 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 6. LAND USE a. Existing Land Use(s): Single family rural residential b. Description of Character of Surrounding Area: This site is surrounded by various uses and zoning designations. Of note,. are the St. Luke's Regional Medical Center to the south, and the RC Willey complex to the north. This area is rapidly transitioning into one of the city's largest and most visible business and retail .areas. c. Adjacent Land Use and Zoning 1. North: Franlin Road and RC Willey Building, zoned C-G 2. East: Touchmark Living Center, zoned L-O 3. South: St. Luke's Regional Medical Center. Zoned L-0 4. West: Eagle Road, Offices, and homes, zoned L-O and R-2 (Ada County) d. History of Previous Actions: The subject annexation application originally included a larger area than currently proposed. For various reasons the applicant chose to shrink the annexation area to what is currently proposed. While revising the annexation area the applicant also included the proposed preliminary plat application for the property. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: This property is proposing sewer from mains in Franklin Road. Location of water: There are currently water mains in Franldin and E. Louise Drive. Issues or concerns: None. 2. Vegetation: There are some existing trees on the site that may need to be protected or mitigated for. 3. Floodplain: N/A 4. Canals/Ditches Irrigation: The Snyder Lateral courses through the subject site in an east/west direction. 5. Hazards: N/A 6. Proposed Zoning: C-G 7. Size of Property: 22.30 acres f. Landscaping: 1. Width of street buffer(s): Per the Future Land Use Map, both Franklin Road and Eagle Road are designated as "Entryway Corridors" adjacent to this site. As such, the UDC (Table 11-2B-3) requires a 35-foot wide street buffer adjacent to both roadways. The landscape plan (Sheet L1) proposes a 35-foot wide buffer along both Franklin and Eagle Roads, except along Eagle Road where the right of way dips significantly into the site. Landscape buffers along streets should be either placed in a separate common lot or a landscape easement outside of the ultimate right of way line. 2. Percentage of site as open space: The UDC does not require open space or site amenities for commercial developments. 3. Other landscaping standards: Landscaping within the proposed parking lot areas should be constructed in compliance with UDC 11-3B-8. Gardner/Ahlquist - AZ-06-065, PP-07-007 PAGE 4 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 g. Proposed and Required Non-Residential Parking: One off-street parking space is required for every 500 square feet of gross floor area. Also, one Type A and one Type B parking space required for the loading areas (per UDC 11-3C-8). No buildings are proposed with the subject application. Staff will monitor the square footage of each building as it is submitted for CZC approval to ensure that adequate parking is provided. h. Summary of Proposed Streets and/or Access: The concept plan submitted by the applicant shows three points of public street access into this development. The first public street access is proposed directly from Eagle Road (SH 55). This access to Eagle Road currently exists as Montvue Drive, which acts as the primary entrance in to the Montvue Park Subdivision. The second proposed public street into the site is proposed from Franklin Road which borders the subject property to the north. The third public street access is the extension of East Louise Drive which currently stubs to the subject property from the east. These access points and other access issues are discussed at length in section 10 of this report. Although City Staff has been in contact with ACRD on this project, as of the print deadline for this report ACRD has not submitted official comments back regarding this application. 7. COMMENTS MEETING On January 12, and February 23, 2007 Planning Staff held an agency continents meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recornrnended actions in the attached Exhibit A. Because this is only a rezone application, there are no conditions of approval. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated on the Comprehensive Plan Future Land Use Map as "Commercial" The Comprehensive Plan defines the Commercial district as: "This designation will provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone." The applicant is requesting to rezone this property to C-G, which is consistent with the comprehensive plan designation for this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis below policy in italics): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire Department. Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The lands currently.... The lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD) and the Idaho Department of Transportation (ITD). This service will not change. Gardner/Ahlquist - AZ-06-065, PP-07-007 PAGE 5 • CITY DF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ,APRIL 24, 2007 The subject lands are currently serviced by the Meridian School District #2. This service will not change. The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. • Plan for a variety of commercial and retail opportunities within the Impact Area. (Chapter VII, Goal I, Objective B) Stafffinds that the site is designated Commercial on the Comprehensive Plan Future Land Use Map. Staff believes that over time, a variety of office and commercial opportunities will be provided on this site. • Encourage appropriate land uses along transportation corridors. (Chapter VII, Goal I, Objective D) Staff believes that the proposed development is appropriate along the adjoining transportation corridor (SH 55). This development project will be highly visible and help to define the entrance to the city. Access the SH 55 is discussed in greater detail below. • Ensure the ease of mobility of people and goods by implementing access control measures on major transportation corridors. (Chapter VII, Goal III, Objective A, Action 1) As currently proposed the existing access point to SH SS remains as part of this development. Staff is concerned that this access point does not conform to the UDC and may cause increase traffic issues in this area. Staff support of this project is based on the removal of this access point to the SH S5. • Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). The applicant is proposing to construct 35 foot wide street buffers along the adjacent arterial streets (Franklin Road and Eagle Road). By Ordinance, a minimum 35 foot wide landscape buffer along entryway corridors is required. 9. ZONING ORDINANCE a. Allowed Uses in Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C-G zoning district. Retail stores, offices uses, and service-based industries are either principally or conditionally permitted uses within the C-G zone. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation 1. AZ Application: Please see Exhibit C for detailed analysis of the required facts and findings. The annexation legal description submitted with the application (prepared on January 12, 2007, by Robert G. Hinckley, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. Gardner/Ahlquist - AZ-06-065, PP-07-007 PAGE 6 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 Concept Plan: The applicant submitted a conceptual site plan that has various elements. To begin, the concept plan proposes approximately 212,000 square feet of office space, which is distributed among four large office buildings. The largest office building is proposed at five stories and 100,000 square feet. The concept plan also shows approximately 18,000 square feet of retail space spilt between three separate buildings. Along with this retail space the applicant anticipates to locate a 30,000 square foot hotel on this site. Staff is very supportive of the focus on office space over retail at this location. The proximity to St. Luke's Regional Medical Center makes this an ideal area for medical office buildings and other professional users. Staff is also supportive of the retail element of the proposal which will help to support the high daytime population that will be present with the amount of office space proposed. Also included in the concept plan is a redesigned street network in on the subject property. This proposed street network eliminates much of the existing loop road, Montvue Drive, and creates a more direct east-west and north-south circulation pattern through the site. This new circulation pattern and intensification of use in this area raises some important access issues. These access issues are of such importance that staff does not fully support the conceptual street system as shown on the concept plan. Further discussion of these access issues is found in the preliminary plat analysis below. Design: This site is located in a very visible section of the city and has the potential to become one of the city's most recognizable features. The importance of this location makes quality design essential. The applicant has submitted conceptual elevations for both the office and retail portions of this development. Staff has reviewed these conceptual elevations and believes they are high quality buildings. To ensure a nunimum design standard, and as required for development along entry way corridors, all buildings in the development should be subject to administrative design review as defined in UDC 11-3A-19. Staff also believes a nunimum of 11 buildings should be required on this site to ensure that a variety office and retail space is provided. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11-SB-1 A). To ensure that all of the provisions in the development agreement (see below) are complied with, Staff will require the applicant to obtain CZC approval from the Planning Department prior to site development, where all site and landscaping improvements must be installed prior to occupancy. Development Agreement: UDC 11-SB-3D2 provides the Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the proposed uses and the visibility of this site, staff believes that a Development Agreement is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan and does not negatively impact nearby properties. If the Commission or Council feels additional development agreement requirements are necessary, staff recommends a clear outline of the commitments of the developer being required. A Development Agreement (DA) will be required as part of annexing this property. Prior to annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezoning ordinance adoption, and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall include, at minimum, the following: Gardner/Ahlquist - AZ-06-065, PP-07-007 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 • All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. • The applicant shall be responsible for all costs associated with sewer and water service installation. • The following shall be the allowed uses on this property: Permitted and accessory uses within the C-G zone. All conditionally permitted uses in said zone shall be subject to CUP approval. • The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) pernut and administrative design review approval from the Planning Department for all new construction on the subject property. • The site .shall develop generally consistent with the submitted concept plan and shall include between 200,000-300,000 square feet of office space, 30,000-50,000 square feet of retail space and a 20,000-40,000 square foot hotel. A minimum of 11 buildings shall be required on this site. No single building shall exceed 125.,000 square feet. • All buildings on the site shall be generally consistent with the conceptual office and retail elevations submitted with this application. All buildings shall also be subject to the city's Administrative Design Review. The applicant shall be allowed to construct up to 100- foot tall buildings without alternative compliance or conditional use Hermit approval. • Pedestrian crossing shall be provided in the locations shown on the concept plan and shall be differentiated form other driving surfaces by the use of brick, colored/scored concretes, or pavers or by other means approved by the transportation authority. • The a plicant shall. construct_a round-about at the intersection of Louise Drive and Montvue Park Drive to alleviate potential cut through traffic OR provide a city- approved alternative design for the internal streets • The buildings shown on the concept plan directly adjacent to Eagle Road and Franklin Road shall have architectural elements and enhancements consistent with the submitted elevations on all facades that face Eagle Road and Franklin Road. • Locate a minimum of two buildings abutting the landscape buffer along both Eagle and Franklin Roads as shown on the concept plan. • f ^-~~ ~'~~'° ~^~a'~u «` Construct a maximum of one right-in/rieht-out access point to Eagle Road: coordinate the .design and construction of the access point with ACHD and ITD. • The applicant shall construct a maximurn_of one right-in/rieht-out/left-in access point to Franldin Road. The applicant shall be responsible for_the formal layout. design and construction of the raised island(sl/devices necessa_rv to control traffic movements for the Franklin Road/Montvue Drive access as reauired by ACRD • The applicant shall either vacate and/or exchange all right of way for Eagle Road that is not necessary for the road, as defined by the transportation authority, OR enter into a license agreement with the transportation authority to landscape the surnlus right-of--way. • A continuous 35-foot wide landscape buffer shall be constructed adjacent to Eagle Road and Franklin Road. • The applicant shall be responsible for_the construction of a 10-foot wide multi-use pathway (with a public use easementl and the installation of street lights and landscaping along Eagle Road (SH 551 that this consistent with the Eagle Road Comdor Study. • Prior to the issuance of a building permit, the subject property shall be subdivided, as proposed. Gardner/Ahlquist - AZ-06-065, PP-07-007 PAGE 8 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for the proposed development. Preliminary Plat Application: After compliance with the conditions listed in Exhibit "B", Staff believes that the proposed preliminary plat will substantially comply with the Unified Development Code. Special Considerations: Access: Access to this property and connectivity in this area of the city is an issue of extreme importance for this project, especially when the size and visibility of this proposal is considered. There are only two points of public access that exist into this site. The first is Montvue Drive, which is a public street connecting to North Eagle Road (SH 55) that serves the existing residential subdivision. The second is an existing stub street, East Louise Drive, that is extended to the property from the Touch Mark Living Center to the east. As part of this project the applicant is proposing a third point of public access be added from Franklin Road. The applicant also proposes to tie into the existing access point to St. Luke's Drive in southeast corner of the property. St. Luke's Drive is a private street owned and maintained by the Hospital, as such St. Luke's controls access to this street. After reviewing the proposed circulation system for this project staff has identified two main issues that are described in detail below. • Access to Eagle Road (SH 55): Although there is an existing access point to SH 55 (Montvue Drive) that serves this property, UDC 11-3H-4 clearly states that "Use of existing approaches shall be allowed to continue provided that all of the following conditions are met: a. The existing use is lawful and properly permitted effective September 15, 2005. b. The nature of the use does not change (for example a residential use to a commercial use). c. The intensity of the use does not increase (for example an increase in the number of residential dwelling units or an increase in the square footage of commercial space). Staff believes that both the nature and intensity of the use on this site (residential use to a commercial use) are changing significantly. Furthermore the proposed access point to SH 55 is not located on or near the section line road or the half mile point. Due to the access control measures for state highways defined in the UDC staff does not support the applicant's proposal to preserve the existing access point to SH 55 that serves this property. All access to SH 55 should be abandoned with this application. (Note: Staff has discussed this issue at length with the applicant and anticipates that the applicant will submit a variance application to be considered by the City Council to request that the access to SH 55 be allowed.) • Franklin Road Access: Due to the proximity of this site to the Franldin/Eagle intersection both the Police and Fire Departments have expressed safety concerns over allowing a full access point in to this property from Franklin Road. The police and Fire Departments are requiring that the proposed Franlin Road access be limited to right in, right out only to mitigate any safety issues in this area. Public Street Realignment/Vacation: As part of this development the applicant is proposing to realign a large portion of the existing Montvue Park Drive public street and create the street system that is proposed on the preliminary plat. In addition to the access issues described above that need to be resolved, the applicant should also be required to vacate any portion of the public right of way that will not be used for the new street system. Gardner/Ahlquist - AZ-06-065, PP-07-007 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 It is staff's understanding that the applicant intends to perform a right of way swap with the necessary transportation authorities to facilitate the realignment of the Montvue Park Drive street system. Staff is generally supportive of this swap, but is specifically concerned with what properties are being exchanged/vacated and the western boundary of Lots 3 and 4, Block 1 that currently abuts public right of way and that is used for the existing access point and frontage road that serves the homes with in the Montvue Park Subdivision. Due to the design of the existing frontage road, this right of way extends approximately 170 feet from the centerline of Eagle Road (SH 55) which is not consistent with the 70 feet from centerline that is established along the rest of this portion of Eagle Road (there is approximately 100 feet of surplus right of way). According to the submitted preliminary plat it appeazs that the applicant plans to vacate approximately 60 feet of this right of way, leaving approximately 110 feet of right of way from the centerline of Eagle Road. This remainder right of way is 40 feet greater than the 70 feet from centerline that is necessary for Eagle Road. Staff is concerned that this extra 40 feet of right of way will function as a "no mans land" that will remain with out landscaping and uncazed for. To avoid this unwanted situation, staff believes that the applicant should vacate all portions of the public right of way along the western boundary of this subdivision that are beyond the required ultimate right of way, as defined by the transportation authority. NOTE: City Staff has contacted ACHD and ITD staff several times regarding the street system for this project. ITD has provided comments, but ACHD has not provided a final staff report regarding this project. Once the comments from ACHD are received, they will be added to the staff report conditions in Exhibit B. The applicant should comply with all ACRD and ITD conditions or requirements. Landscaping: Staff is generally supportive of the proposed landscape plan prepared by Edwards Landscape Architecture, labeled Sheet L1, dated 1/15/06, with the following revisions: UDC 11-2B requires a 35-foot wide street buffer along entryway corridors. Both Franklin and Eagle Roads are entry way corridors abutting this site. On the submitted landscape plan, the applicant is proposing to construct a 35-foot wide street buffer along both Eagle and Franklin Roads except adjacent to Lots 3 and 4, Block 1 which border the unique right of way area described in the section above. Staff believes that the applicant should be required to provide the required street buffer along the entire western boundary including adjacent to Lots 3 and 4, Block 1 to ensure that a consistent street landscape buffer is provided in this area. The applicant should be required to depict the required street buffers on the face of the final plat in an easement or place the required buffers in common lots (UDC 11-3B). All required landscape buffers shall be exclusive of the ultimate public right-of--way and conform to the design and construction requirements of UDC 11-3B-7. Chapter 2 of the UDC requires a 10-foot wide landscape buffer along both sides of the proposed East Louise Drive and North Montvue Park Drive, which are local commercial streets. The applicant should be required to depict the required local street buffers on the face of the final plat in an easement or place the required buffers in common lots (UDC 11-3B). All required landscape buffers shall be exclusive of impervious surfaces and conform to the requirements of UDC 11-3B-7. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Gardner/Ahlquist - AZ-06-065, PP-07-007 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 Landscape Buffer Between Uses: Usually a landscape buffer would be required between the proposed commercial uses and the residential uses to the south. Staff does not believe this buffer is necessary in this instance because the land to the south is designated commercial on the Comprehensive Plan Future Land Use Map. It is also staffs understanding that the applicant is in the process of taking ownership of the remaining residential areas to the south, and plans to convert these properties to commercial development; similar to the whit is currently proposed. Ditches, Laterals, and Canals: The Snyder Lateral traverses through this property. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. Pressure Irrigation: The City of Meridian requires that pressurized imgation systems be supplied by a year-round source of water (UDC 11-3A-15). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is 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 City Code. Fencing: The applicant is not showing any fencing on any of the submitted plans. A detailed fencing plan should be submitted upon application of the final plat (UDC 11-3A-7). If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. See Exhibit B below. Refuse/Service Area Screen: The submitted, landscape plan and preliminary plat do not depict where the refuse/service areas will be. UDC 11-3A-12 requires the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. All future CZC applications should clearly demonstrate how this standard is met. Staff Recommendation: Based on the above analysis, staff finds the Preliminary Plat application generally conforms to the Comprehensive Plan policies and UDC standards. Staff recommends approval of AZr06-065 and PP-07-007 with the Conditions listed in Exhibit B of the Staff Report for March 15, 2007 and subject to the development agreement provisions listed in Section 10. The Meridian Planning and Zoning Commission heard these items(s) on March 15, 2007. At the March 15, 2007 public hearing the Commission voted to recommend approval. n Anril 24. 2007. the Meridian itv ouncil voted_ to annrnvp the subject anulicationc. Gardner/Ahlquist - AZ-06-065, PP-07-007 PAGE 11 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated January 31, 2007) 2. Landscape Plan (dated Apri15, 2006) 3. Conceptual Site Plan 4. Conceptual Office Elevation 5. Conceptual Retail Elevation B. Agency Comments and Conditions 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Ada County Highway District F€e~ig) 7. Idaho Transportation Department C. Legal Description D. Required Findings from Unified Development Code Gardner/Ahlquist - AZ-06-065, PP-07-007 PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2U07 A. Drawings 1. Preliminary Plat (Dated 1-31-07) N] L1rN f At~mf1109 [0/"h JT • ~ .~xy~r~.'ratian] :1TL'6l tAlN~ s. W ~a~ ~ In rv~a9dA~sW911sp W /~ a~~ Z LDWdOl3n3a 1SIl10'INtl 'ms ~ ,(]~~+'f~~~~y~~`j'1~-~ tt o1 NOI.LdiN~S3Q 31V0 A9 o a¢ddl]A3a/MHN30 ~nm ash m~~®+m ~I~'WBtl/u~~ ,3a ~ 9'~~ lnd •cwanm aarov fZ S L 0 F 3 z A C a 7 ~ ~ z `~ c ~c F ~ S c~ ~ 0 2 >: ~ o~< 5 ~ y2c j ~ U F ym~ ~w~ ~~ U y 4 ~1 A\~ ~ ~<a ~ ~F~ U 4 0 ~ a\ ~ Qi Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 2. Landscape Plan (Dated 1-15-07) h KANKLIN Exhibit A i ~ ~}~ 1 ~ y ~~ ~ S ~ ~CRO „. P • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 3. Conceptual Site Plan Exhibit A • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 4. Conceptual Office Elevations ~r_ a _ ~r ~ _ ! ~l .-~9.O.a~~ - a Q e" :o I / ~~ ~~~ 1 ~~ ~. ;.~~ o, ~~~ ~~ ~, a ~ „ ~- _ ~ ~ - . aa .~, a ~ ~ ~ a - ~ ~ ,;„ ~a ~~ n ~ ~ 4 . -~ ~~ ,- ~~Q ~~ ~t _ y ,t ~1 ,~A ~ '~"?~,y ~, . ~~ !~ ~ 'V. ilk ~ ~'i' -C 7 ~Y,r~ ... ~. ~. ~. ~_ _ ,. t .~ __-' ,~ ~ ~ ~ '~~ ~ °' l ._.~- _ ~J.. ~ ~ r~ : _ .j ,~ ~ , ~ .' __ o ~_ -,: - -- ..~. M~. _.~ .-- _-- Exhibit A _ __ i • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 >. Conceptual Retail Elevation J ~•~ ~~ ~~ ~~ ." ~~d :~ a ~ ~~ ~~ ~i' ~~i~~~~~v ^. a ma ,rc .~ .-.~ A CITY OF MERIDIAN PLANNIN• PARTMENT STAFF REPORT FOR THE HEAl• DATE OF APRIL 24 2007 B. Agency Comments and Conditions 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (prepared on February 6, 2007, by Robert G. Hinckley, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. 1.1.2 Prior to annexation ordinance approval, the applicant shall enter into a Development Agreement with the City. See section 10 above for analysis and provisions that shall be included in the Development Agreement for this site. 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT .2.1 All comments and provisions of the accompanying Annexation and Zoning application (AZ-06- 065) and any future development agreement shall also be considered conditions of the Preliminary Plat (PP-07-007). .2.2 The landscape plan prepared by Edwards Landscape Architecture, labeled Sheet L1, dated 1/15/06, is approved with the following revisions: • Construct a 35-foot wide street buffer along the entire frontage of Franklin and Eagle Roads. All required landscape buffers shall be exclusive of the ultimate public right- of-way and conform to the design and construction requirements of UDC 11-3B-7. • Construct a 10-foot wide landscape buffer along both sides of the proposed East Louise Drive and North Montvue Park Drive. All required landscape buffers shall be exclusive of impervious surfaces and conform to the design and construction requirements of UDC 11-3B-7. • 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. The landscape plan is not to be altered without approval of the Planning and Zoning Departrnent. No field changes to the landscape plan are permitted. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). .2.3 Graphically depict on the face of the final plat a 35-foot wide landscape buffer along Franklin and Eagle Roads. Graphically depict on the face of the plat a 10-foot wide landscape buffer along both sides of the proposed East Louise Drive and North Montvue Park Drive. Said buffers shall either be an easement or within separate common lots. .2.4 o ~ «,. ~..,.,o n,,,,a «u cc~ ..w..,, ,-....~..._a__..a The access point to Eagle Road shall be s restricted to right-in/ri~ht-out o_nly_ . Place a note on the face of the final plat restricting access to Eagle Road .2.5 Construct a maximum of one access point to Franklin Road Said access shall be restricted to right-in/right-out/left-in only. Place a note on the face of the final plat restricting access to Franlin Road. B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 1.2.6 The applicant shall construct around-about at the intersection of Louise Drive and Montvue Park Drive to alleviate. potential cut throueh traffic OR provide a city-approved alternative desien for the internal streets. 1.2.7 The applicant shall construct a 10-foot wide multi-use pathway (with a public use easementl and install street lights and landscapine along Eagle Road (SH 551 that this consistent with the Eagle Road Corridor Study 1.2.8 Prior to signature of the final plat by the city engineer the applicant shall vacate all portions of the internal public streets and any public utility or drainage easements that do not coincide with the proposed preliminary plat. 1.2.9 Prior to signature of the final plat by the city engineer the applicant shall vacate all portions of the public right of way along the western boundary of this subdivision that are beyond the required ultimate right of way necessary for Eagle Road, as defined by the transportation authority, OR enter into a license agreement with the transportation authority to landscape the surolus right of ~• .2.10 All buildings 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. .2.11 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. 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. .2.9 Prior to the issuance of a building permit, the subject property shall be subdivided, as proposed. .3 GENERAL REQUIltEMENTS-PRELIMINARY PLAT .3.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. .3.2 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. .3.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized 'irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. .3.4 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. 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. .3.5 The applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be ibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.7 Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. PUBLIC WORKS DEPARTMENT Sanitary sewer service to this development is being proposed via extension of mains in Franklin Road. 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 Water service to this site is being proposed via extension of mains in Franklin Road and E. Louise Drive. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. .3 Due to the possible fire flow requirements, mains shall be upsized to a minimum of 10-inch from the connection in Franklin to the connection in Louise Drive, with an upsized stub to one of the stubs to the south that would eventually connect to the 12-inch main to the south of this subdivision in St. Luke's Street. This property is on a pressure zone boundary, therefore a Pressure Reducing ValveNault shall be installed at the applicants expense in a location to be coordinated with the Public Works Department. ;.5 With the final plat submittal the construction plans shall show to every lot either a service installed or main fronting it. 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. .7 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). .8 A pressurized irrigation system using existing surface water shall be required per City Code. The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shal'1 be B • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 submitted prior to scheduling of apre-construction meeting. 10 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. 11 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. 12 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. 13 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. 14 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 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. .15 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 imgation, sanitary sewer, and water. .16 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive final approval prior to occupancy. Other required development improvements, such as fencing, micropaths, and landscaping maybe bonded for prior to obtaining certificates of occupancy .17 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. .18 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. .19 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. .20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. .21 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. .22 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. .23 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. .24 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 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. FIRE DEPARTMENT 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. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 '/~" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works 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. 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. ~.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. Any roadway greater than 1.50 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. ~.5 Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. For all Fire Lanes provide signage "No Parking Fire Lane". Insure that all yet undeveloped parcels are maintained free of combustible vegetation. Operational fire hydrants, temporary or permanent street signs and access roads with an ali weather surface are required before combustible construction is brought on site. Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 10 The various office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 11 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 12 The Fire Dept. has concerns about the addressing of the existing house and the address being visible from the street which the project is addressed off of. Please contact the :Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 13 Provide exterior egress lighting as required by the International Building & Fire Codes. 14 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). 15 There shall be a fire hydrant within 100' of all fire department connections. 16 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 17 Emergency response routes and fu-e lanes shall not be allowed to have speed bumps. .18 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 19 Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) .20 Due to public safety concerns the Fire Department recommends a right in, right out only access to Franklin Road. B • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 POLICE DEPARTMENT The proposed development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. Due to public safety concerns the Police Department recommends a right in, right out only access to Franklin Road. PARKS DEPARTMENT Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. .2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. ADA COUNTY HIGHWAY DISTRICT All of the identified roadway and transportation mitigation proposals in the submitted Traffic Impact Study are either not in any public agency plans to construct (ACRD &ITD) qr proposed by the applicant to be constructed. Therefore, the impacts of this development cannot be adequately mitigated and surrounding intersections will not operate at an acceptable level of service. .2 Comply with requirements of ITD and City of Meridian for the Eagle Road frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact the District III Traffic Engineer at 334-8340. .3 Dedicate 60-feet ofright-of--way from the centerline Franklin Road abutting the site. .4 Construct the internal streets as a 40-foot street section with two 20-foot travel lanes, vertical curb, gutter, and 5-foot concrete sidewalks within 54-feet ofright-of--way, as proposed: .5 Construct one temporary turnaround on lot 2, as proposed. .6 Submit a vacation application for the existing right-of--way on N. Montvue Drive to be vacated or exchanged. If the vacation/exchange is not approved by the District through the separate process, the applicant will be required to improve the existing roadways to current public street standards. .7 Construct one roadway (E. Louise Drive) to intersect Eagle Road located approximately 200-feet north of the south property line (measured property line to centerline). 8 Construct one roadway to intersect Franklin Road located approximately 360-feet west of the east property line (measured property line to centerline). Design and install a median to construct on Franklin Road that will restrict this roadway to left-in/right-in/right-out only. 9 Other than the access specifically approved with this application, direct lot access is prohibited to Eagle Road and Franklin Road and shall be noted on the final plat. 10 Comply with all Standard Conditions of Approval. B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 7. IDAHO TRANSPORTATION DEPARTMENT (PER A LETER RECEIVED JANUARY 22, 2007) Dear Zoning Administrator, I.T.D.s comments dated January 6, 2007 prompted a meeting with the developer and their engineers. At the meeting that was held on January 1'9m the main discussion was to leave the Montvue Drive access in place to function as a right in right out access.; The T.I.S. showed how the access could help x+ec3uce the delay at the St. Lukes signal. I.T.D. is agreeable tQ leaving the access and have the developer imczease the existing 20 curb radius to a minimum of 30 het lJther than the curb radius we have no comment on this application.. iL Any work done on the State Right of I Vay will require a permit permit applications are available from tlvs office orthe maintenance office in C~scade. Please have the applicant contact Matt Ward at 8150 Chinden Blvd. 83714 in Boise or call (208) 334-8341 to obtain a peanut application. If you have any questions please call ~.anty Strough at 334-8924 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 Legal Description •~`''~ L LANp SS~~~~1ST@~~c~ %~~~ ~« CIVIL AND STRUCTURAL ENGINEERING m ~~-_ ~~ ~ ~~~g2 o-'._ EXHIBIT A E ~~o~.~' Annexation Description Rev. C ~•~ For Ahlquist Development - C <~» Job No. 06320 February 6, 2007 A portion of the NW1/4 of Section 16, T3N, R1E, B.M., Ada County, Idaho, as follows: BEGINNING at found Brass Cap monument marking the Northwest Corner of said Section 16, as shown on Corner Perpetuation Record, Inst. No. 99007475, Ada County Records; thence along the North Line of said Section 16, South 89°20'11" East, 1015.45 feet, to a point on the East Line of Montvue Park Subdivision, extended north to said Section Line, as per the plat thereof, in Book 17, at Page 1107-1108, Ada County Plat Records also being a point on the West Line of Touchmark Living Center Subdivision No. 1, in Book 89, at Page 10313-10316. Ada County Plat Records, also extended north to said Section Line; thence along the boundaries common to both said subdivisions, South 00°11'43" East, 1111.19 feet, to the southeast corner of Lot 1, Block 5, of said Montvue Park Subdivision; thence along the South Line of said Lot 1, Block 5 and beyond, North 89°14'00" West, 207.40 feet, to a point on the Centerline of E. Montvue Drive, as shown on said plat of Montvue Park Subdivision; thence along said Centerline, North 00°12'19" West, 119.58 feet; thence North 89°30'09" West, 199.73 feet, to a point on the Line common to Lots 1 and 2, block 4 of said plat of Montvue Park Subdivision; thence along said common Line, North 00°12'19" West, 1.6.12 feet; thence North 89°30'09" West, 200.23 feet, to a point on the Centerline of W. Montvue Drive, as shown on said plat of Montvue Park Subdivision; thence along said Centerline, North 00°12'1.9" West, 122.02 feet, to a point on the Line common to Lots 9 and 10, in Block 5 of said Montvue Park Subdivision, extended east to said Centerline; thence along said extended Line, North 89°30'24" West, 179.37 feet, to a found 1 /2 inch rebar marking the corner common to Lots 6, 7, 9 and 10 of Block 5 in said Montvue Park Subdivision; thence along. th.e Line common to said Lots 6 and 7, Block 5, and extending westerly, North 89°30'07" West, 226.03 feet, to a point on the West Line of said Section 16, being coincident with the Centerline of S. Eagle Road; thence along said West Line, North 00°22'14" West, 855.49 feet, to the POINT OF BEGINNING. Containing 971,520 square feet, or 22.30 acres, more or less, and subject to any easements or rights of way of record or othervuise existing. v~~ HE~'.~ ;;Y ~rt;2i'Ji A1? PUBLiv P:\AHI,QUISTDEVELOPWhlquistDevelopment Meridian\Drewings\SurveylDescriptions\06320 ANNEX revCDesc:doc Treasure Valley Engineers, Inc. Office: (208) 463-0305 1204 bt". Street Norih Fax: (208) 463-4;99 Nampa, Idaho 83687 w~ttiv.TreasureValleyEngineers.com • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 EXHIBIT B (t^.EKI W01~ER ,~~~t~NST~N 990W~75 8 9 STA. 63+08.07 E. FRANKLIN ROAD 589'20'11"E 2706.25' -~~-- 17 16 _ 1015.45' 1 r. -. _...- - - 1690.80'---~ I _L ~"' r... _...._.. _. ~. _..._. 1/4 CORNER I ~ I( T j j j 1 E7JD. BRASS CAP 1! / ~ ---1 O I O I ® I ® I ! I No.B309298 j ~ ..... ~ ~ I g`pCK , ! 1 I ! ~ 1 I j O `• ~..~..~ j ! 01 I ~ ~ ~ p PRK I 1 1 I ' ~ ~~:.~~''-~~bit~~. ~ Sl~" ~ PGE j I I Oj ~ 2' i \`~ g00K/ ~ I I I pOK ~ ~ ~ ~~ ` ~ ~ 1 I I I ~ ~~ I' I •~~R ~ 1 v 1 I ..~~~ ~~ ~ 1 m l j ~ I j \ g`OGK13 ~ ~~~~ ~ i 1 I I ~. 1 1 ._..I ~.._ III ~ ~\~'\ ! ._..i O~ v l I r.._.. I r..-._-. _ ~..y ~ 1 }. _.__. 1 al _J ~I j .I j 1~ o i I p j ~~! O i ~~~:: © I^ z t ~ ~ ::\..\ 1 I I I I ° ~I ~ g~OCK ~ I j I \:~~ I w ' N_ 89 30'07"W j N89.30~24 W: I I ~ ~' 1 r--- ._.._..- o 1226.03 179.3 . J I I ! I Di ~I 1 w N_B_9'30'09°W I I Q1 1 I I I I© I ® 200.23' N89'30'09°W. I W I j I I ~ I I N00'12'19°W~--199.73' 1 y l I t j I l j 16.12 ' j 1 I ~_..~.._.._.. ~I I 2pT04 I I T.._..._.. ~.._.._ I ~J NB9'1400 W I I I ~_.._.._.._..__._.~.. © I_w a.n PT srA 6Ml10.T 1 I ® ! ® ~,OGK 15 03 I !:I 1 ~ I g I I NI!°n Gl. I• Pa9TA~iN0.1T `'._.._.__..L.._.._.._.._1.,_,._.._. _ _ _ L. 1 N89'28'41°W 1011.72' ~ - - .-~ _~~J I I CURVE RADIUS ARC LENOTN CNORDIEN CHORD BEARING .DELTA .ANGLE I Ct - 57~. .88.88 .ee: NOOS2 4 oo' I I 1. ANNEXATION AREA I I 2.2.30 ACRESt ! 971,520 S0. FT.f ANNEXATION MAP NW1/4, SEC. 16, T3N, R1'E, B,M. CITY OF MERIDIAN, ADA CO., IDAMO M] CJ Z ~ O j Z J w a' ~k'oa Q W fN =U>oi U p aO ~ m Y ~ ~ O ~ ~ O m 1 °=200' f DEVELOPMENT .REV C ~~J~~rr~~~fff~~~~~~~~IIII~~~111II~~II~~~~~~~I~~~' ~" '°"" iREASURfVALLEYENGINEER$lNC. 720467hSTREETNORTH NAMPA IDAHOB36B7 • (?081463-0305 ~ FAX (20814614391 / ENG/NEERS•PLANNERS•SURVEYORS mai/~7VEinc.com VISIT OUR.WEB S?E~www. Nfinc.aom 2057- 06320 1 OF 1 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 Required Findings from Unified Development Code 1. Annexation 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: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to C-G. The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; If the applicant complies with the conditions outlined in the development agreement, the Council finds that the proposed commercial district will be in compliance with the specific district regulations. The Council finds that future development of this property should comply with the established regulations and purpose statement of the C-G zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. 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 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. 5. The annexation is in the best of interest of the City (iTDC 11-SB-3.E). The C-G zoning amendment will provide commercial area that is similar in nature to existing and proposed commerciaUoffice development in the vicinity. The Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. In accordance with the findings listed above, The Council finds that Annexation and Zoning of this property to C-G would be in the best interest of the City, if the applicant enters into a IDevelopment Agreement (DA) with the City, as mentioned in Section 10 of the Staff Report. ibit D • OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 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: 1. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services are available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this fmding. (See finding Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail.) 5. 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'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. 6. The development preserves significant natural, scenic or historic features. Staff is unaware of any natural, scenic or historic features on this site. The Commission and Council find that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. ibit D • C~ M y 4, 2007 PP 07-007 M IRIDIAN CITY COUNCIL MEETING May 8, 2007 APi LICANT Ahlquist Development, LLC ITEM NO. 66 REQUEST Findings -Preliminary Plat approval of 11 commercial lots on 19.30 acres in the proposed C-G zone for Gardner-Ahlquist Gateway Subdivision -Southeast Corner of the intersection of Eagle Road and Franklin Road 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: AD I COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NA i PA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTEIRMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: led: See Findings in AZ Packet Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • ~'RY {?i '`c~ ~rr~i~r u~.~Ha r .~ the Matter of Annexation and Zoning of 22.30 acres from R-1 (Ada County) to C-G eneral Retail and Service Commercial) AND Preliminary Plat Approval for 11 nmercial lots on 19.3 acres in the proposed C-G zone, for Gardner-Ahlquist Subdivision, Ahlquist Development, LLC No(s). AZ-06-065, PP-07-007 the City Council Hearing Date of: Apri124, 2007 (Findings approved on May 8, 2007) Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of Apri124, 2007 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of Apri124, 2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 24, 2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of Apri124, 2007 incorporated by reference) 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. OZ-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECTSTON & ORDER NO(S). AZ-06-065 and PP-07-007- PAGE I of 4 • 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 Apri124, 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. 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 Submitted and prepared by Treasure Valley Engineers on January 31, 2007 is hereby conditionally approved; 2. The site specific and standazd conditions of approval aze as shown in the attached Staff Report for the hearing date of Apri124, 2007 incorporated by reference; and, 3. The following modifications to site specific conditions and development agreement provisions were made at the City Council hearing: i. Approved one right-in/right-out access to Eagle Road (see VAR-07-007); ii. Approved one right-in/right-out/left in access to Franklin Road and required the applicant to design and construct the traffic control devices (medians, pork chops, etc.) at the Franklin/Montwe Park intersection to direct traffic movements; iii. Allowed buildings to be a maxirnum of 100-feet tall without any subsequent approval; iv. Required the applicant to landscape the azea outside of the ultimate right-of- way for Eagle Road by either vacating the excess right-of--way, or entering into a license agreement with the transportation authority; v. Required the applicant to construct a 10-foot wide multi-use pathway, lighting and landscaping along Eagle Road that is consistent with the Eagle Road Corridor Study. vi. Required around-about at the intersection of Louise Drive and Montvue Park Drive to alleviate potential cut through traffic; OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS Off' I.AW AND DECISION & ORDER NO(S). AZ-06-.065 and PP-07-007- PAGE 2 of 4 • Notice of Applicable Time Limits Notice of Twelve (12) Month 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 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. Notice of Final Action and Right to Regulatory Takings Analysis 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. Attached: Staff Report for the hearing date of Apri124, 2007 OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER NO(S). AZ-06-065 and PP-07-007- PAGE 3 of 4 ~~ • action of the City Council at its regular meeting held on the ~~ da of Y 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED__Z~~ COUNCIL MEMBER JOE BORTON VOTED__~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED_ ~~~ COUNCIL MEMBER KEITH BIRD VOTED__~~~ MAYOR TAMMY de WEERD VOTED ~~ (TIE BREAKER) Ma~o,~ ~'n e W erd F~ ~~ ~ - S~~L illiam G. Berg, Jr., ty erk ~ 1 ~ ,~ py served upon Applicant, The Pl ~aniii~ ~~t;~~public Works Department and City City Clerk Dated: 5-1~- o, OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER NO(S). AZ-06-065 and PP-07-007- PAGE 4 of 4 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 REPORT Hearing Date: 4/24/2007 Mayor and City Council Justin Lucas, Associate City Planner 884-5533 1 cm~i ._ ,~ e~~~~ ~~~ Y 1DnH~i Ahlquist Annexation/Gardner-Ahlquist Preliminary Plat AZ-06-065 Annexation and Zoning of 22.30 acres from R-1 (Ada County) to C-G (General Retail and Service Commercial) PP-07-007 Preliminary plat approval of 11 commercial lots on 19.3 acres in the proposed C-G zone SUNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST he applicant, Ahlquist Development, LLC, has applied for .Annexation and Zoning of 22.30 acres from -1 (Ada County) to C-G (General Retail and Service Commercial) and Preliminary Plat approval of 11 -mmercial lots in the proposed C-G zone. The applicant intends to develop a lazge office and retail ;nter on this site that would include several office buildings and some smaller commercial structures. he subject property is located on the southeast corner of Franklin Road and Eagle Road (SH 55) in action 16, Township 3 North, Range 1 East. This site is composed of multiple lots within the existing ontvue Park .Subdivision (Ada County). The site contains various existing homes and associated itbuldings that will be removed/relocated at the time of development. This property is within the City 'Meridian's Area of Impact and Urban Service Planning Area. SUMMARY RECOMMENDATION Ff recommends approval of A~06-065 and PP-07-007, as presented in the staff report for the ring date of March 1S, 2007, based on the Findings of Fact as listed in Exhibit D and subject to Development Agreement and preliminary plat provisions proposed in Section 10. The Meridian a. Summary of Commission Public Hearing: i. In favor: Penelope Riley. Ron Mortimer, Tom Ahlpuist Matt Bell ii. In opposition: None iii. Commenting: None iv. Written testimony: Matt Bell. St. Luke's RMC v. Staff presenting application: Justin Lucas vi. Other staff comraendng on application: None b. Key Issues of Discussion by Commission: i. -Access to Eagle Road ii. -Traffic concerns c. Key Commission Chances to Staff Recommendation• i. -Modified condition 1.2.4 regarding the access to Eagle Road to include the statement "Unless approved throueh a variance by the City Council" ii. -Strongly supported the proposed access point to Eagle Road with the following hnguage which. was. included in the motion "Commission highly recommends aright-in. right-out access on Eagle Road We feel it's necessary for traffic flow and safety and viability of the proiect Ahlquist - AZ-06-065, PP-07-007 PAGE 1 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 d. Outstanding Issue(s) for City Council: i. -A variance application has been submitted for City Council review regarding the access point to Ea>=1e Road (see VAR-07-006) ii. -A vacation application been submitted for City Council review regarding then ht-of-wa vacation re aired b ACRD with this ro'ect see VAC-07- OU7Z iii. Staff has concerns about the excess right of way adiacent to Eagle Road This area could end up as a "no mans land". approved the $. umm cu i ct 7, and P arv of Citv oun P r a ~ c c cil ~bli Hearin i. In favor: Penelo pe Riley Tom Ahlauist Ron Mor timer Bob Floto ii. In opposition• None ^~ iii. Commenti~t?• C hristy Richardson (A~' ) iv. Written testimon y Mat1~e11(St Luke'sl ACRD ITD v. Staff presenting anplication• Caleb Hood vi. Other staffcom ment'ne op. apnlication• None h. ev I ssues of Discussio n by o ~nc'L• _ ___. i. Access to the site: ii. Landscapine and ting alon~~le Road• iii. Hei t of build' iv. ra s. Coun cil Action• i. pproved one ri t-in/ri t-out access to Eagle Ro ad (see VAR-0'7_(1(171• ii. Approved one ri ght-in/rieht-out/left in access to Fr ankl;n Rnarl a„~ rP.,,,;r~ rl,P applicant to desi gn and construct the traffic c~ trol devices (medians Work chon etc.l at the. Frank lin/Mon ,P Park 'pters~c~ion to d _ _ irect traffic movement; iii. Allowed buildin gs to be a maximum of 100-feet t? ll witl,n„t any subsequent approval: iv. li~~red the app licant to landscape the area outsid e of the ultimaS.e~ght of way for Eagle Road by e ither_ vaca_' tg he e.~,c~s~~ht-of-way or entering into a license ~reement with t he nsportation authority: v. Required the alro licant to construct a 10-foot wide mulr;_„se aA thwav. lightine and c i glop Ea le Road that is consistent wi th the Eagle Road Corridor tudv vi. Required. around-about at the intersection of L.ou;c e 17rivP and Mnntcn,P Parlr T)r;~,p leviate poten tial cut throu t fl~lc' PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-065 and PP-07-007 as presented in the staff report for the hearing date of Apri124, 2007, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-06- 065 and PP-07-007 as presented during the hearing on Apri124, 2007, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat request.) Ahlquist - AZ-06-065, PP-07-007 PAGE 2 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRJL 24, 2007 Continuance After considering all staff, applicant and public testimony, I move to continue File Number AZ- 06-.065 and PP-07-007 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) APPLICATION AND PROPERTY FACTS a. Site Address/I,ocation: Southeast comer of the intersection of Franklin Road and Eagle Road Section 16, T3N, R1E b. Owner: Artiach Properties, LP Touchmazk of the Treasure Valley, LLC 2770 E Franklin Road PO Box 1355 Meridian, ID 83642 Meridian, ID 83680 Note: For a complete list of property owners please see the project file c. Applicant: Ahlqusit Development, LLC 1263 West Wickshire Court Eagle, ID 83616 c. Representative: Penelope Riley, Treasure Valley Engineers d. Present Zoning: Rl (Ada County) e. Present Comprehensive Plan Designation: Commercial f. Applicant's Statement/Justification: "The applicant is proposing a mixed use development tazgeted towazds high end users. The proposed uses include shopping, restaurant services, general office, and medical office." PROCESS FACTS a. The subject application will in fact constitute an annexation 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 UDC 11-5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: February 26~', and March 12`x, 2007 (Planning Commission), March 26te. and April 9~'. 2007 (City Councill d. Radius notices mailed to properties within 300 feet on: February 16~', 2007 (Planning Commission), March 23'~s 2007 ~Cit~Council) e. Applicant posted notice on site by: March 5~, 2007 (Planning Commission), Apri17's. 2007 (Gifu Council) Ahlquist- AZ-06-065, PP-07-007 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 LAND USE a. Existing Land Use(s): Single family rural residential b. Description of Character of Surrounding Area: This site is surrounded by various uses and zoning designations. Of note, are the St. Luke's Regional Medical Center to the south, and the RC Willey complex to the north. This area is rapidly transitioning into one of the city's largest and most visible business and retail areas. c. Adjacent Land Use and Zoning 1. North: Franklin Road and RC Willey Building, zoned C-G 2. East: Touchmark Living Center, zoned L-O 3. South: St. Luke's Regional Medical Center. Zoned L-O 4. West: Eagle Road, Offices, and homes, zoned L=0 and R-2 (Ada County) d. History of Previous Actions: The subject annexation application originally included a larger area than currently proposed. For various reasons the applicant chose to shrink the annexation area to what is currently proposed. While revising the annexation area the applicant also included the proposed preliminary plat application for the property. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: This property is proposing sewer from mains in Franklin Road. Location of water: There are currently water mains in Franklin and E. Louise Drive. Issues or concerns: None. 2. Vegetation: There are some existing trees on the site that may need to be protected or mitigated for. 3. Floodplain: N/A 4. Canals/Ditches Irrigation: The Snyder Lateral courses through the subject site in an east/west direction. 5. Hazards: N/A 6. Proposed Zoning: C-G 7. Size of Property: 22.30 acres f. Landscaping: 1. Width of street buffer(s): Per the Future Land Use Map, both Franklin Road and Eagle Road are designated as "Entryway Corridors" adjacent to this site. As such, the UDC (Table 11-2B-3) requires a 35-foot wide street buffer adjacent to both roadways. The landscape plan (Sheet Ll) proposes a 35-foot wide buffer along both Franklin and Eagle Roads, except along Eagle Road where the right of way dips significantly into the site. Landscape buffers along streets should be either placed in a separate common lot or a landscape easement outside of the ultimate right of way line. 2. Percentage of site as open space: The UDC does not require open space or site amenities for commercial developments. 3. Other landscaping standards: Landscaping within the proposed parking lot areas should be constructed in compliance with UDC 11-3B-8. - AZ-06-065, PP-07-007 PAGE 4 ~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 g. Proposed and Required Non-Residential Parking: One off-street parking space is required for every 500 square feet of gross floor azea. Also, one Type A and one Type B parking space required for the loading areas (per UDC 11-3C-8). No buildings are proposed with the subject application. Staff will monitor the square footage of each building as it is submitted for CZC approval to ensure that adequate parking is provided. h. Sununary of Proposed Streets and/or Access: The concept plan submitted by the applicant shows three points of public street access into this development. The first public street access is proposed directly from Eagle Road (SH 55). This access to Eagle Road currently exists as Montvue Drive, which acts as the primary entrance in to the Montvue Park Subdivision. The second proposed public street into the site is proposed from Franklin Road which borders the subject property to the north. The third public street access is the extension of East Louise Drive which currently stubs to the subject property from the east. These access points and other access issues aze discussed at length in section 1-0 of this report. Although City Staff has been in contact with ACRD on this project, as of the print deadline for this report ACRD has not submitted official comments back regazding this application. . COMMENTS MEETIING January 12, and February 23, 2007 Planning Staff held an agency comments meeting. The agencies departments present include: Meridian Fire Department, Meridian Police Department, Meridian lic Works Department, and the Sanitary Services Company. Staff has included all comments and rmmended actions in the attached Exhibit A. Because this is only a rezone application, there are no Iitions of approval. COMPREHENSIVE PLAN POLICIES AND GOALS pie subject property is designated on the Comprehensive Plan Future Land Use Map as "Commercial" ~e Comprehensive Plan defines the Commercial district as: "This designation will provide a full range commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service id office uses, multi-family residential, as well as appropriate public uses such as government offices. 'ithin this land use category, specific zones may be created to focus commercial activities unique to their cations. These zones may include neighborhood commercial uses focusing on specialized service for sidential areas adjacent to that zone." The applicant is requesting to rezone this property to C-G, which consistent with the comprehensive plan designation for this area. finds the following Comprehensive Plan policies to be applicable to this property and apply to the used development (staff analysis below policy in italics): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire Department. Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The lands currently....The lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRD) and the Idaho Department of Transportation (I7D). This service will not change. Ahlquist - AZ-06-065, PP•07-007 PAGE 5 • CITY OF MER]DIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 The subject lands are currently serviced by the Meridian School District #2. This service will not change. The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. • Plan for a variety of commercial and retail opportunities within the Impact Area. (Chapter VII, Goal I, Objective B) Staff finds that the site is designated Commercial on the Comprehensive Plan Future Land Use Map. Staff believes that over time, a variety of off ce and commercial opportunities will be provided on this site. • Encourage appropriate land uses along transportation corridors. (Chapter VII, Goal I, Objective D) Staff believes that the proposed development is appropriate along the adjoining transportation corridor (SHSS). This development project will be highly visible and help to define the entrance to the city. Access the SHSS is discussed in greater detail below. • Ensure the ease of mobility of people and goods by implementing access control measures on major transportation comidors. (Chapter VII, Goal III, Objective A, Action 1) As currently proposed the existing access point to SHSS remains as part of this development. Sta, ff'is concerned that this access point does not conform to the UDC and may cause increase traffic issues in this area. Staff support of this project is based on the removal of this access point to the SHSS. • Chapter VII, Goal 'IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). The applicant is proposing to construct 3S foot wide street buffers along the adjacent arterial streets (Franklin Road and Eagle Road). By Ordinance, a minimum 35 foot wide landscape buffer along entryway corridors is required. 9. ZONING ORDINANCE a. Allowed Uses in Commercial Districts: UDC Table 11-2B-2 lists the pemritted, accessory, and conditional uses in the C-G zoning district. Retail stores, offices uses, and service-based industries are either principally or conditionally permitted uses within the C-G zone. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. ]:0. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation 1. AZ Application: Please see Exhibit C for detailed analysis of the required facts and findings. The annexation legal description submitted with the application (prepared on January 12, 2007, by Robert G. Hinckley, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. Gazdner/Ahlquist - AZ-06-065, PP-07-007 PAGE 6 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 Concept Plan: The applicant submitted a conceptual site plan that has various elements. To begin, the concept plan proposes approximately 212,000 square feet of office space, which is distributed among four large office buildings. The lazgest office building is proposed at five stories and 100,000 square feet. The concept plan also shows approximately 18,000 square feet of retail space spilt between three separate buildings. Along with this retail space the applicant anticipates to locate a 30,000 square foot hotel on this site. Staff is very supportive of the focus on office space over retail at this location. The proximity to St. Luke's Regional Medical Center makes this an ideal area for medical office buildings and other professional users. Staff is also supportive of the retail element of the proposal which will help to support the high daytime population that will be present with the amount of office space proposed. Also included in the concept plan is a redesigned street network in on the subject property. 'T'his proposed street network eliminates much of the existing loop road, Montvue Drive, and creates a more direct east-west and north-south circulation pattern through the site. This new circulation pattern and intensification of use in this area raises some important access issues. These access issues are of such importance that staff does not fully support the conceptual street system as shown on the concept plan. Further discussion of these access issues is found in the preliminary plat analysis below. Design: This site is located in a very visible section of the city and has the potential to become one of the city's most recognizable features. The importance of this location makes quality design essential. The applicant has submitted conceptual elevations for both the office and retail portions of this development. Staff has reviewed these conceptual elevations and believes they are high quality buildings. To ensure a m;nimutn design standard, and as required for development along entry way corridors, all buildings in the development should be subject to administrative design review as defined in UDC 11-3A-19. Staff also believes a minimum of 11 buildings should be required on this site to ensure that a variety office and retail space is provided. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that. all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC i 1-SB-1A). To ensure that all of the provisions in the development agreement (see below) are complied with, Staff will require the applicant to obtain CZC approval from the Planning Department prior to site development, where all site and landscaping improvements must be installed prior to occupancy. Development Agreement: UDC 11-SB-3D2 provides the Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the proposed uses and the visibility of this site, staff believes that a Development Agreement is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan and does not negatively impact nearby properties. ff the Commission or Council feels additional development agreement requirements aze necessary, staff recommends a clear outline of the commitments of the developer being required. A Development Agreement (DA) will be required as part of annexing this property. Prior to annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezoning ordinance adoption, and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall include, at minimum, the following: Gardner/Ahlquist - AZ-06-065, PP-07-007 PAGE 7 CITY OF MERIDIAN PLANNING. ARTMENT STAFF REPORT' FOR THE HEAR•DATE OF APRIL 24 2007 • All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. • The applicant shall be responsible for all costs associated with sewer and water service installation. • The following shall be the allowed uses on this property: Permitted and accessory uses within the C-G zone. All conditionally permitted uses in said zone shall be subject to CUP approval. • The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and administrative design review approval from the Planning Department for all new construction on the subject property. • The site. shall develop generally consistent with the submitted concept plan and shall include between 200,000-300,000 square feet of office space, 30,000-50,000 squaze feet of retail space and a 20,000-40,000 square foot hotel. A minimum of 11 buildings shall be required on this site. No single building shall exceed 125,000 square feet. • All buildings on the site shall be generally consistent with the conceptual office and retail elevations submitted with this application. All buildings shall also be subject to the city's Administrative Design Review. a applicant shall be allowed to construct up to 100- foot tall buildings without alternati~!e comt2liance or conditional use Hermit a ov • Pedestrian crossing shall be provided in the locations shown on the concept plan and shall be differentiated form other driving surfaces by the use of brick, colored/scored concretes, or pavers or by other means approved by the transportation authority. • The_~li_cant_shall .construct around-about at the inter ctinn ~LOUise Drive and ontvue Park Drjwe_ to alleviate. potential cut through traffic OR provide _a~~~ty_ approved alternative design for the internal streets • The buildings shown on the concept plan directly adjacent to Eagle Road and Franklin Road shall have azchitectural elements and enhancements consistent with the submitted elevations on all facades that face Eagle Road and Franklin Road. • Locate a minimum of two buildings abutting the landscape buffer along both Eagle and Franklin Roads as shown on the concept plan. • °"' ~°"°° n°..a c~u "' Construct a maximum of one ri t in/ri~t out access point to Eagle Road: coordinate the design and corLtn~rt;nn of the access point with A and • T}xe applicant shall construct a maximum one ri t in/riaht out/left in access point to Franklin Road. The applicant shall be responsible for the formal Iavnut r~PCion anr~ construction of the raised island(sUdevic~s nece ~a*v rr, enntrnl t,~ffi~ m~vementc fnr the ---- --------- --- --- Franklin Road/Montvue Drive access required by ACRD • The applicant shall either vacate and/or exchange all right of way for Eagle Road that is not necessary for the road, as defined by the transportation authority, OR enter into a license agreement with the transportation authority to landscape the su_ lus right-of wav. • A continuous 35-foot wide landscape buffer shall be constructed adjacent to Eagle Road and Franklin Road. • e applicant shall be responsible for the construction of a 10 foot wide multi u~ pathway (with a public use easementl and the installation of street lights and landscaping ong 51 that this consistent with he aolP Rnarl (`nrrir~nr 4t„rIv • Prior to the issuance of a building permit, the subject property shall be subdivided, as proposed. Gardner/Ahlquist - AZ-06-065, PP-07-007 PAGE 8 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for the proposed development. 2. Preliminary Plat Application: After compliance with the conditions listed in Exhibit "B", Staff believes that the proposed preliminary plat will substantially comply with the Unified Development Code. Special Considerations: Access: Access to this property and connectivity in this area of the city is an issue of extreme importance for this project, especially when the size and visibility of this proposal is considered. There are only two points of public access that exist into this site. The first is Montvue Drive, which is a public street connecting to North Eagle Road (SH 55) that serves the existing residential subdivision. The second is an existing stub street, East Louise Drive, that is extended to the property from the Touch Mark Living Center to the east. As part of this project the applicant is proposing a third point of public access be added from Franklin Road. The applicant also proposes to tie into the existing access point to St. Luke's Drive in southeast corner of the property. St. Luke's Drive is a private street owned and maintained by the Hospital, as such St. Luke's controls access to this street. After reviewing the proposed circulation system for this project staff has identified two main issues that are described in detail below. • . Access to Eagle Road (SH 55): Although there is an existing access point to SH 55 (Montvue Drive) that serves this property, UDC 11-3H-4 clearly states that "Use of existing approaches shall be allowed to continue provided that all of the following conditions are met: a. The existing use is lawful and properly permitted effective September 15, 2005. b. The nature of the use does not change (for example a residential use to a commercial use). c. The intensity of the use does not increase (for example an increase in the number of residential dwelling units or an increase in the square footage of commercial space). Staff believes that both the nature and intensity of the use on this site (residential use to a commercial use) are changing significantly. Furthermore the proposed access point to SH 55 is not located on or near the section line road or the half mile point. Due to the access control measures for state highways defined in the UDC staff does not support the applicant's proposal to preserve the existing access point to SH 55 that serves this property. All access to SH 55 should be abandoned with this application. (Notes Staff has discussed this issue at length with the applicant and anticipates that the applicant will submit a variance application to be considered by the City Council to request that the access to SH 55 be allowed.) • Franklin Road Access: Due to the proximity of this site to the Franklin/Eagle intersection both the Police and Fire Departments have expressed safety concerns over allowing a full access point in to this property from Franklin Road. The police and Fire Departments are requiring that the proposed Franklin Road access be limited to right in, right out only to mitigate any safety issues in this area. Public Street RealignmentJVacation: As part of this development the applicant is proposing to realign a large portion of the existing Montvue Park Drive public street and create the street system that is proposed on the preliminary plat. In addition to the access issues described above that need to be resolved, the applicant should also be required to vacate any portion of the public right of way that will not be used for the new street system. Gardner/Ahlquist - AZ-06-065, PP-07-007 PAGE 9 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 It is staffs understanding that the applicant intends to perform a right of way swap with the necessary transportation authorities to facilitate the realignment of the Montvue :Park Drive street system. Staff is generally supportive of this swap, but is specifically concerned with what properties are being exchanged/vacated and the western boundary of Lots 3 and 4, Block 1 that currently abuts public right of way and that is used for the existing access point and frontage road that serves the homes with in the Montvue Park Subdivision. Due to the design of the existing frontage road, this right of way extends approximately 170 feet from the centerline of Eagle Road (SH 55) which is not consistent with the 70 feet from centerline that is established along the rest of this portion of Eagle Road (there is approximately 100 feet of surplus right of way). According to the submitted preliminary plat it appears that the applicant plans to vacate approximately 60 feet of this right of way, leaving approximately 110 feet of right of way from the centerline of Eagle Road. This remainder right of way is 40 feet greater than the 70 feet from centerline that is necessary for Eagle Road. Staff is concerned that this extra 40 feet of right of way will function as a "no mans land" that will remain with out landscaping and uncared for. To avoid this unwanted situation, staff believes that the applicant should vacate all portions of the public right of way along the western boundary of this subdivision that are beyond the required/ultimate right of way, as defined by the transportation authority. NOTE: City Staff has contacted ACRD and ITD staff several times regazding the street system for this project. ITD has provided comments, but ACRD has not provided a final staff report regarding this project. Once the comments from ACHD are received, they will be added to the staff report conditions in Exhibit B. The applicant should comply with all ACS and ITD conditions or requirements. Landscaping: Staff is generally supportive of the proposed landscape plan prepazed by Edwards Landscape Architecture, labeled Sheet Ll, dated 1/15/06, with the following revisions: UDC 11-2B requires a 35-foot wide street buffer along entryway corridors. Both Franklin and Eagle Roads are entry way corridors abutting this site. On the submitted landscape plan, the applicant is proposing to construct a 35-foot wide street buffer along both Eagle and Franklin Roads except adjacent to Lots 3 and 4, Block 1 which border the unique right of way area described in the section above. Staff believes that the applicant should be required to provide the requvred street buffer along the entire western boundary including adjacent to Lots 3 and 4, Block 1 to ensure that a consistent street landscape buffer is provided in this area. The applicant should be required to depict the required street buffers on the face of the final plat in an easement or place the required buffers in common lots (UDC 11-3B). All required landscape buffers shall be exclusive of the ultimate public right-of--way and conform to the design and construction requirements of UDC 11-3B-7. Chapter 2 of the UDC requires a 10-foot wide landscape buffer along both sides of the proposed East Louise Drive and North Montvue Pazk Drive, which aze local commercial streets. The applicant should be required to depict the required local street buffers on the face of the final plat in an easement or place the required buffers in common lots (UDC 11-3B). All required landscape buffers shall be exclusive of impervious surfaces and conform to the requirements of UDC 11-3B-7. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). GazdnerlAhlquist - AZ-06-065, PP-07-007 PAGE 10 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 Landscape Buffer Between Uses: Usually a landscape buffer would be required between the proposed commercial uses and the residential uses to the south. Staff does not believe this buffer is necessary in this instance because the land to the south is designated commercial on the Comprehensive Plan Future Land Use Map. It is also staffs understanding that the applicant is in the process of taking ownership of the remaining residential areas to the south, and plans to convert these properties to commercial development; similar to the whit is currently proposed. Ditches, Laterals, and Canals: The Snyder Lateral traverses through this property. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (iJDC 11-3A-15). The applicant should be required to utilize any existing surface or well water for the primary source. Tf 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 City Code. Fencing: The applicant is not showing any fencing on any of the submitted plans. A detailed fencing plan should be submitted upon application of the final plat (iTDC 11-3A-7). If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. See Exhibit B below. RefuselService Area Screen: The submitted, landscape plan and preliminary plat do not depict where the refuse/service areas will be. UDC 11-3A-12 requires the visual and.acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. All future CZC applications should clearly demonstrate how this standard is met. Staff Recommendation: Based on the above analysis, staff finds the Preliminary Plat application generally conforms to the Comprehensive Plan policies and UDC standards. Staff recommends approval of AZr06-065 and PP-07-007 with the Conditions listed in Exhibit B of the Staff Report for March 15, 2007 and subject to the development agreement provisions listed in Section 10. The Meridian Planning and Zoninzl Commission heard these items(s) on March 15.2007.. At the March 15.2007 public hearing the Commission voted to recommend anuroyal On An~ril_ 24 2007 the Meridian City Council vntp~ +n annrn.,n +Hp subject application Gardner/Ahlquist-AZ-06-065, PP-07-007 PAGE 11 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 11. E7~ITS A. Drawings 1. Preliminary Plat (dated January 31, 2007) 2. Landscape Plan (dated Apri15, 2006) 3. Conceptual Site Plan 4. Conceptual Office Elevation 5. Conceptual Retail Elevation B. Agency Comments and Conditions 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Ada County Highway District tfertl3eeg) 7. Idaho Transportation Department C. Legal Description D. Required Findings from Unified Development Code Gardner/Ahlquist - AZ-06-065, PP-07-007 PAGE 12 ,~ ~{~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24; 2007 A. Drawings 1. Preliminary Plat (Dated 1-31-07) n.._,..-~..,.~, .~~~~~.. s..6W~avQIOIOt~ - .,.~. e,~ ,.,. 11~dYm d'~qd ~.®„,,.,ffi, ,~ aurf°'O'~e. M'M'iss.wm ~r ~my~ ~~rrn~~V1~ ~dG7YAiQ/lBYIE a1R11tl1 fepY 10 ~vLC~~eO dp~~ryd ~ ltld a w s C 7 m a M1 4 ~z4 SaE °z~ ~ti~ lac say (q F 4~i h y N $+~ ~Mq' ~ ^ W V ~ O w~~ H 4 O 4 \ e fI L Exhibit A CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR TILE HE • DATE OF APRIL 24, 2007 2. Landscape Plan (Dated 1-15-07) FRANKLIN kUAU I i I I I I ~ Q I Exhibit A C" ~§ ~~ ti L 24, 2001 ' ~ THE ~~IQG DP`TE OF ~` DEPARTMENT ST~F ~pORT FOR C1TY OF ME~pIAN PLANNING Cono~~ ,, . ..._. e CITY OF MERIDIAN PLANNING DEPARTMENT STAFFdiEPORT FOR THE HEARING DATE OF .APRIL 24, 2007 Exhibit A 4. Conceptual Office Elevations CITY OF MERIDIAN PLANNING DEPARTMENT STAFF. REPORT FOR THE HEARING DATE OF APRIL 24, 2007 Exhibit A 5. Conceptual Retail Elevation ' C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2009 B. Agency Comments and Conditions 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (prepared on February 6, 2007, by Robert G. Hinckley, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. 1.1.2 Prior to annexation ordinance approval, the applicant shall enter into a Development Agreement with the City. See section 10 above for analysis and provisions that shall be included in the Development Agreement for this site. 1.2 SITE SPECIFIC REQUIREMENTS--PRELIMINARY PLAT 1.2.1 All comments and provisions of the accompanying Annexation and Zoning application (AZ-06- 065) and any future development agreement shall also be considered conditions of the Preliminary Plat (PP-07-007). 1.2.2 The landscape plan prepared by Edwards Landscape Architecture, labeled Sheet L1, dated 1/15/06, is approved with the following revisions: • Construct a 35-foot wide street buffer along the entire frontage of Franklin and Eagle Roads. All required landscape buffers shall be exclusive of the ultimate public right- of-way and conform to the design and construction requirements of UDC 11-3B-7. • Construct a 10-foot wide landscape buffer along both sides of the proposed East Louise Drive and North Montvue Park Drive. All required landscape buffers shall be exclusive of impervious surfaces and conform to the design and construction requirements of UDC 11-3B-7. • 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. The landscape plan is not to be altered without approval of the Planning and Zoning Department. No field changes to the landscape plan are permitted. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.2.3 Graphically depict on the face of the final plat a 35-foot wide landscape buffer along Franklin and Eagle Roads. Graphically depict on the face of the plat a 10-foot wide landscape buffer along both sides of the proposed East Louise Drive and North Montvue Park Drive. Said buffers shall either be an easement or within separate common lots. 1.2.4 a-~~ia~erb~-t~c~i~et~c~il--t~~ier tom o ~ c.,~ r r ~ . The access point to Eagle Road shall be restricted to right-in/n~eht-oft only. Place a note on the face of a final plat restricting arcess to Faele oad 1.2.5 Construct a maxunum of one access noi_nt to FranklinBoud Said access shall be restricted to fin/-' .ngh~StuS/~e$-in only Place a note on the face of the final nla restrictine access to Franklin Road. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF' REPORT FOR THE HEARING DATE OF APRIL 24, 2007 1.2.6 T e applicant shall con Is,~ a_zound-about at the intersection of I o~se Drive and Montvue Perk rive to alleviate potential cut throu h traffi OR provide a city-approved alterna,~ve design fog the internal. struts, 1.2.7 T71e applicant shall construct a 10-foot wide m ilti-use pathway (with a nubli~~ easementl and n~stall street liehts and landscanin~ along Eagle Road lSH Sl that this consistent with the E~ lie Road Corndor Study. 1.2.8 Prior to signature of the final plat by the city engineer the applicant shall vacate all portions of the internal public streets and any public utility or drainage easements that do not coincide with the proposed preliminary plat. 1.2.9 Prior to signature of the final plat by the city engineer the applicant shall vacate all portions of the public right of way along the western boundary of this .subdivision that are beyond the required ultimate right of way necessary for Eagle Road, as defined by the transportation authority enter into a license aereement with they ation authority to landscape the ~ ri ht of ~• 1.2.10 All buildings 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. 1.2.11 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and -waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. 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. 1.2.9 Prior to the issuance of a building permit, the subject property shall be subdivided, as proposed 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common azeas prier 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. 1.3.4 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. 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 1.3.5 The applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE EiEARING DATE OF APRIL 24, 2007 installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.7 Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3..8 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 Franklin Road. 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. 1Vlinimum 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 Franklin Road and E. Louise Drive. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Due to the possible fire flow requirements, mains shall be upsized to a minimum of 10-inch from the connection in Frankin to the connection in Louise Drive, with an upsized stub to one of the stubs to the south that would eventually connect to the 12-inch main to the south of this subdivision in St. Luke's Street. 2.4 This property is on a pressure zone boundary, therefore a Pressure Reducing Valve/Vault shall be installed at the applicants expense in a location to be coordinated with the Public Works Department. 2.5 With the final plat submittal the construction plans shall show to every lot either a service installed or main fronting it. 2.6 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. 2.7 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). 2.8 A pressurized irrigation system using existing surface water shall be required per City Code. 2.9 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR T}~IE HEARING DATE OF APRIL 24, 2007 submitted prior to scheduling of apre-construction meeting. 2..10 The City of Meridian requires that pressurized irrigation systems be supplied by a yeaz-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. 2.11 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. 2.12 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 sepazation requirement and comply with all landscape requirements. 2.13 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-111 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2..14 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 irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.15 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 aze not limited to, fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water. 2.16 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive final approval prior to occupancy. Other required development improvements, such as fencing, micropaths, and landscaping may be bonded for prior to obtaining certificates of occupancy 2.17 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. 2.18 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. 2.19 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.21 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. 2.22 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. 2.23 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. 2.24 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public Exhibit B ,~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 residential streets. Two-hundred and fifty watt high pressure sodiurri 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 ~ I' i ~, 3.1 Acceptance of the water supply for fire protection will be by the Nl eridian Fire Department and water quality by the Meridian Water Department for bacteria testing.!, 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %i" outlet face the main street 4~r pazking lot aisle. b. The Fire hydrant shall not face a street which does not have ~~iddresses 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 tl ie IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 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 1.50' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius':of 28' inside and 48' outside radius. 3.5 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn azound. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.5 Fire Lanes shall have a 20' wide improved surface capable of supportvng an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appenc'llix D Section D103.6 Signs. 3.6 For all Fire Lanes provide signage "No Parking Fire Lane". 3.7 Insure that all yet undeveloped pazcels aze maintained free of combustible vegetation. 3.8 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.9 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed pe r Appendix D. 3.10 The various office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. Thy; Meridian Fire Department Exhibit B • ,~ 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 has experienced 261.2 responses in the yeaz 2004. According to a!. report completed by Fire & Emergency Services Consulting Group our requests for service aze ~,irojected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.11 The applicant shall work with Planning Department staff to provide',an address identification plan and a sign which meets the requirements of the City of Meridian s.gn ordinance at the required intersection(s). 3.12 The Fire Dept. has concerns about the addressing of the existing douse and the address being visible from the street which the project is addressed off of. Pl~~ase contact the Addressing Specialist at 898-5500 to address this. concern prior to the public heai~~ing. 3.13 Provide exterior egress lighting as required by the International Building & Fire Codes 3.14 Where a portion of the facility or building hereafter constructed i it 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 officir~~l. 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 (18?i). a. For Group R-3 and Group U occupancies, the distance requiiement 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..15 There shall be a fire hydrant within 100' of all fire department connectii ins. 3..16 Buildings over 30' in height aze required to have access roads in accordance with The International Fire Code Appendix D Section D105. ~! 3.17 Emergency response routes and fire lanes shall not be allowed to have s°ieed bumps. 3.18 Buildings or facilities exceeding 30 feet (9144mm) or three stories in )j~eight shall have at least three means of fire apparatus access for each structure. Two of the access rods shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. ~'~ i; 3.19 Buildings or facilities having a gross building area of more than 62,001.1 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roadi! separated by one half of the maximum overall diagonal dimension of the property or area to be serv<~, measured in a straight line between accesses. Exception: Projects having a gross building area i;~f up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road wh~'~ all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Ri:~uired) 3.20 Due to public safety concerns the Fire Department recommends a rigl(t in, right out only access to Franklin Road. Exhibit B ~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 4. POLICE DEPARTMENT 4.1 The proposed development shall limit landscaping shrubs and b~ishes to species that do not exceed three feet in height. ;i 4.2 Due to public safety concerns the Police Department recommends a ri ght in, right out only access to Franklin Road. ;! 5. PARKS' DEPARTMENT ~' 5.1 Standard for Mitigation of trees: The standard established in the;'City of Meridian Landscape Ordinance (LJDC 11-3B-10) will be followed. ~' 5.2 Standard Plan for Protection of Existing Trees during Construction;. The standard established in the City of Meridian Landscape Ordinance (LTDC 11-3B-10) will be followed. 6. ADA COUNTY HIGHWAY DISTRICT i 6.1 All of the identified roadway and transportation mitigation propo~ als in the submitted Traffic Impact Study are either not in any public agency plans to construct,(ACHD & ITD) or proposed by the applicant to be constructed. Therefore, the impacts of this development .cannot be adequately mitigated and surrounding intersections will not operate at an acceptable level of serviice. ,~ 6.2 Comply with requirements of I'TD and City of Meridian for the Eat,;le Road frontage. Submit to the District a letter from ITD regarding said requirements prior to ;district approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact the District III Traffic Engineer at 334-8340. ~,~; i~ 6.3 Dedicate 60-feet ofright-of--way from the centerline Franklin Road albutting the site. b.4 Construct the internal streets as a 40-foot street section with two I't0-foot travel lanes, vertical curb, gutter, and 5-foot concrete sidewalks within 54-feet of right-of-way, as proposed. 6.5 Construct one temporary turnaround on lot 2, as proposed. 6.6 Submit a vacation application for the existing right-of--way on N. Montvue Drive to be vacated or exchanged. If the vacation/exchange is not approved by the District Through the separate process, the applicant will be required to improve the existing roadways to ctu rent public street standards. 6.7 Construct one roadway (E. Louise Drive) to intersect Eagle Road located approximately 200-feet north of the south property line (measured property line to centerline). 6.8 Construct one roadway to intersect Franklin Road located approximately 360-feet west of the east property line (measured property line to centerline). Design and inst,~ll a median to construct on Franklin Road that will restrict this roadway to left-in/right-in/right-omit only. ie 6.9 Other than the access specifically approved with this application, dirt pct lot access is prohibited to Eagle Road and Franklin Road and shall be noted on the final plat. 6.10 Comply with all Standard Conditions of Approval. ~ ~ {; Exhibit B • I• CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 7. IDAHO TRANSPORTATION DEPARTMENT (PER A LETER RECEIVED JANiI'JARY 22, 200'n Dear Zoning Administrator, I.T.D.s comments dated Jaauary 6, 2007 prompted a meeting with the developer azid their engineers. At the meeting that was held on 7anuary 19`h ~e main diswssiott was to leave the Montv~' a Drive access in place to fnnctioa as a right in right out access{The T.I.S. showed ho~v the aooess could help~~ redace the decay at the SL Lakes sigoeL LT.D. is agreeable tp leaving the access cad have the developer iutiaease the existing 20 cuab radius to a minimum of 30 ~. ether than the cum radius we have no oar nt a'n this application.. Auy work done on the State Right of ~Vay will require a permit permit applicatioa~: are available from this office or the maintenance office in Cascade. Please have the applicant contact Matt -Ward at 81 SO Chindea Blvd. 83714 in Boise or cell (20$) 334-8341 to obtaitr a permit application. If you have any questions please call harry Strough at 334-8924. Exhibit B • . ' CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 24, 2007 C. Legal Description . ~VA~EY~ L LAN ~ ~~A S~ \STER6aG'YG ~T? crna~nmsrxu~ce~ ~~~nc 1.0'782 9 ~~•w ~ EXHIBIT A ~ ~ ' G Hl?~ Annexation Description Rev. C . For Ahlquist Development ,'.. •~ 6 • t~~~ Job No. 06320 February 6, 2007 A portion of the NW1/4 of Section 16, T3N, R1 E, B.M., Ada County, Idaho, as follows: BEGINNING at found Brass Cap monument marking the Northwest Comer of kaid Section 16, as shown on Corner Perpetuation Record, Inst. No. 99007475, Ada County Re ords; thence along the North Line of said Section 16, South 69°20'11" East, 1015.45.~feet, to a point on the East Line of Monriue Park Subdivision, extended north to said Section LinE., as per the plat thereof, in Book 17, at Page 1107-1108, Ada County Plat Records also being s~ point on the West Line of Touchmark Living Center Subdivision No. 1, in Book 89, at Page 10313-10316. Ada County Plat Records, also extended north to said Section Line; thence along the boundaries common to both said subdivisions, South 00°11'4;3" East, 1111.19 feet, to the southeast comer of Lot 1, Block 5, of said Montvue Park Subdivision thence along the South Line of said Lot 1, Block 5 and beyond, North 89°14'00;; West, 207.40 feet, to a point on the Centerline of E. Montvue Drive, as shown on said plat of 1,1Aonriue Park Subdivision; thence along said Centerline, North 00°12'19" West, 119.58 feet; thence North 89°30'09" West, 199.73 feet, to a point on the Line common to Lots 1 and 2, block 4 of said plat of Monriue Park Subdivision; thence along said common Line, North 00°12'19" West, 16.12 feet; thence North 89°30'09" West, 200.23 feet, to a point on the Centerline of W. MrJntvue Drive, as shown on said plat of Monriue Park Subdivision; thence along said Centerline, North 00°12'19" West, 122.02 feet, to a point on the Line common to Lots 9 and 10, in Block 5 of said Montvue Park Subdivision, extended east tc~ said Centerline; thence along said extended Line, North 89°30'24" West, 179.37 feet, to a founcP 1/2 inch rebar marking the comer common to Lots 6, 7, 9 and 10 of Block 5 in said Montvue Park Subdivision; thence along the Line common to said Lots 6 and 7, Block 5, and extending we',~terly, North 89°30'07" West, 226.03 feet, to a point on the West Line of said Section 16, being coincident with the Centerline of S. Eagle Road; thence along said West Line, North 00°22'14" West, 855.49 feet, to the POINT ~DF BEGINNING. Containing 971,520 square feet, or 22.30 acres, more or less, and subject to aruy easements or rights of way of record or otherwise existing. Vi+4 fit\'~ LY r na6R~~,AN PUBLIC' dt•- •V.S DEFT. P:WII.QUIST DEVEIAP1Ahlqui~t Ikvebyment MeridianlDrewingalSurvry~Desciiptions\06320 ANNE7C revC Dac.i a Treasure Valley Engineers, ]nc. 1204 6~~y. Street North NamUa, Idaho 83687 Office: (208) A63-0305 Fa3:(208)463-4391 wt+'w.TreasureVa IleyEngineers.com Exhibit C I~ • ~. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE FIEAR [NG DATE OF APRIL, 24, 2007 EXHIBIT B n^.CFci ~16bhS1ER V1~O~N 89007475 e 9 srA 5saaa07 E. FRANKLIN ROAD 589'20'11'E 2706.25' _od~~ ~.._.._.._ . _ r ~. ~.---..r.._..-~--..' ._ - -~ i i (----......~.. i i i ®~ i i. . i i ® ..,~.._ ~ i ! ~ '~ _ j E P P~K ~ ~ I C I I ~ •~. g0p1t/• _I 1 I ~ K 2 1~ 7~•-;-- ~ 0~ /- J a 1 I -~"T..~ ~~ I ® I ~. b ~i '~'~.. - ~^ Qzya I I ~ 1 ~! ~~•~ ;,, O O o ' N_ 89'30'07`W N69~0'24'W~ ~$' ~~ _ a i 1.226.03 i 179.37' -~~-"-" ~.._.._, o ~ ~ I ~® j ~I o I I I Qt ~ ~ ':" 1'^ ~ I ® N_69'30'09'W ~ I I ~) ~ a ~ ~ I ~ ® 200.23' ~ N6_9'30'09`Mt ,I y I i i j i ~ ~ N00'1 18.12` 199.73 Ir i ' --I-..-.._.. ~ X40. ' ' ' T.._.._..~~ ~ _ , ~ ._..J ..?07 ~ I ~' ~~ ~R. ~Nfis7a'~cn°W i I i Y.._.._.._.._..~.r'~ 9~~,. W i I ® ! O je ® ~°; ~~~ Vr 4IA mum I I I ~~0~ ! Is ~'T i i i `''I o ii ~ I .h ~S+A,O' L~._.._.._. L.._.._.._.._i._.._.._.._.._.........L.._.._.._~._..J 1 N69'26'41'W 1011.72' I~ I I I C'1 6 4 0?~hr°"~ J I ~~ i I ANNExATION AREA I 22.30 ACRESf 1`=200' I 971,520 SO. Fi.t ~ PROJECT: pWNER/DEVELOPER: j py~ ANNEXATION MAP NLOUIST DEVELOPMENT iREnSUREIa ~Er ENmHEfas. rNa ~ ~~]~ rzoaensraEErrvoR7n 2057-06 NW1~4, SEC. 16, REV C 1141 w.w~~araaHOe~se~ pR0,1ECTB T3N, R1E, B.M, CITY OF '' ' va~izae/<ea-ossr 06320 y' :n f~. MERIDIAN, ADA CO., IDAHO 2 6 07 ercavEERS•~nwERS,svavEnxrs vaYroiww. sn ~rvF~~» S~EOF 1 A Exhibit C • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Couni~;il 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: 1. The map amendment complies with the applicabile provisions of the comprehensive plan; The applicant is proposing to zone all of the subject~;property to C-G. The City Council finds that the proposed zoning map amendn~ient complies with the applicable provisions of the Comprehensive Plan. Pil.ease see Comprehensive Plan Policies and Goals, Section 8, of the StaffRepiirt for more information. 2. The map amendment complies witb the regulations outlined for the proposed district, specifically the purpose statem'~ent; If the applicant complies with the conditions outlined in the development agreement, the Council finds that the proposed commercial district will be in compliance with the specific district regulations. 7.'he Council finds that future development of this property should comply with ttie established regulations and purpose statement of the C-G zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; ' The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that mi ~y be provided when determining this finding. 4. The map amendment shall not result in an adver~~e impact upon the delivery of services by any political subdivision providing jpublic services within the City including, but not limited to, school districts;i and, The Council finds that the proposed zoning amendm°ent will not result in any adverse impact upon the delivery of services by any;~olitical subdivision providing services to this site. '` 5. The annexation is in the best of interest of the Ci1!~~ (iJDC 11-5B-3.E). The C-G zoning amendment will provide comme'.xcial area that is similar in nature to existing and proposed commercial/office development in the vicinity. The Council finds that all essential services are available or will be provided by the developer to the subject property and will. not require unreasonable expenditure of public funds. In accordance with th~a findings listed above, The Council finds that Annexation and Zoning of this property to C-G would be in the best interest of the City, if the applicant ~~enters into a Development Agreement (DA) with the City, as mentioned iin Section XO of the Staff Report. ;'; Exhibit D • ~• CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 d 'I 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: 1. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council fmds that public services are available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public; improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See finding Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail.) S. The development will not be detrimental to the p>eblic 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's attention. ACfID 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. 6. The development preserves significant natural, sonic or historic features. Staff is unaware of any natural, scenic or historic features on this site. The Commission and Council find that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D !.. i May 4, 2007 VAR 07-006 MERIDIAN CITY COUNCIL MEETING May 8, 2007 APPLICANT Gardner-Ahlquist Development, LLC ITIEM NO. 6C REQUEST Findings -Variance to UDC 11-2H-4 to allow an existing approach to Eagle Road (SH 55) to remain as part of the intensification 8~ change in use proposed for the property for Gardner-Ahlquist Gateway - SE Corner of the intersection of Eagle Road and Franklin Road AGENCY COMMENTS ' CITY CLERK: , CITY ENGINEER: ! 1 CITY PLANNING DIRECTOR: See Attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: ' SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: .f MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone.: Emailed: Staff Initials: • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER i• ~-r .a~, ~,, ~} , . t~~~a-0o In the Matter of a Variance request to allow aright-in/right-out access from/to the proposed Gardner Ahlquist Gateway Subdivision from/to Eagle Road; by Gardner Ahlquist Development Case No(s). VAR-07-006 For the City Council Hearing Date of: Apri124, 2007 (findings approved May 8, 2007) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of Apri124, 2007 incorporated by reference) ~~ 2. Process Facts (see attached Staff Report for the hearing date of Apri124, 2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 24, 2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 24, 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 zonng~maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. :, The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-07-006- PAGE 1 of 3 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if proposal is allowed. 6. That the City has granted an order of approval in accordance'with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the attached findings in the Staff Report for the hearing date of Apri124, 2007 incorporated by reference. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Variance request to construct aright-in/right-:out access point to/from Eagle Road, in the location Montvue Drive currently exists is hereby approved. The applicant shall coordinate the permit, design and construction of said driveway with ITD. D. Attached: Staff Report for the hearing date of Apri124, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-07-006- PAGE 2 of 3 • ~i • .~ y By action of the City Council at its regular meeting held on the ~ ~ da of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED'` u-- COUNCIL MEMBER JOE BORTON VOTED~~" COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED, MAYOR TAMMY de WEERD VOTED ' ~~ (TIE BREAKER) ,~ \\~a~ ,~;, • ~ ~ ~~ ~e Weerd I - - Attest: ~ r~r "'~ ', i .~' Fo William G. Berg, Jr., Ci Clerk 9 ,~ ~~////J~`, , ,\\\\`\ ~ ~ `~~ Copy served upon Applicant, The Plannirfg~D.epart~14ent, Public Works Department and City Attorney. 1 Dated: ~ I O -Q ~ . y Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-07-006- PAGE 3 of 3 • ~ CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR• ARING DATE .OF 4/24/2007 !~ STAFF REPORT Hearing Date: April 24, 2007 TO: Mayor and City Council FROM: Justin Lucas, Associate City Planner SiJBJECT: Gardner Ahlquist Gateway Access Variance /t ~1'FY QF~;!~.. ~1'1~1~1? VAR-07-006 -Variance request to allow aright-in/right-out access from/to the proposed Gardner Ahlquist Gateway Subdivision from/to Eagle Road, by Gardner Ahlquist Development 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting a variance from Section 11-3H-4 of the Unified Development Code (UDC) that prohibits existing vehicle approaches to state highways to continue if the nature of the use changes or the intensity of the use increases, that is served by the approach. The Variance application proposes to maintain an existing right-in right-out access from / to Eagle Road, SH 55. Specifically, the existing approach is located approximately 1/8 mile south of the Franklin Road''/ Eagle Road intersection and currently serves the Montvue Park Subdivision. The applicant is proposing to develop a large office and retail center at this location and desires to continue the use of the existing access point even though it is not located at the section line road or half mile mark between section line roads as UDC 11-3H-4 requires. The Idaho Transportation Department (ITD) has provided comments with regards to the intensification of this access point. In two letters dated January 22, and March 8, 2.007 ITD stated that they are agreeable to leaving the access in place as long as the curb radius is increased to a minimum of 30 feet and that all proper permits are obtained (see letters in Exhibit D). The Planning Commission also voiced support for the access point to remain at their March 15, 2007 meeting. f 2. SUMMARY RECOMMENDATION Staff is recommending denial of the subject Variance application (VAR-07-006). Staff finds that the application does not meet all of the findings required in the UDC in order for the City Council to grant a variance (See Exhibit E). Section 11-3H-3 of the UDC does states that City Council may consider and apply modifications to the standards of Article H upon specific recommendation of the ITD. (See Section 9, Page 4, for details.) _ he Meridian itv O ~IICi~ heard Chic item nn April a 2nn7 A±±ho.;.,,L.l'., 1.,.,...:-.,- al_~_, ----- ----- ----- aonroved the subject Variance reauest ;;, ummarv of i ~ CoLncil Puhli R7 P~r1TQ• ii. In opposition: None iii. Commentine: Christy Richardson (ACHDI iv. Written testimony: Matt Bell (St. Luke'sl ACHD ITD v. Staff presenting application: Caleb Hood vi. Other staff commentn on application• None 12. ev Issue of Die ~ ion by o ~ncil: i. Access to the site• ii. Landscapine and li~htine along Eagle Road• iii. Height of buildings: iv. Traffic. Gardner Ahlquist Gateway Access Variance VAR-07-006 PAGE 1 i CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE. OF 4/24/2007 ~ ~~ i. 1/agle Koad. 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: Southeast corner of the intersection of Franklin Road and Eagle Road Section 16, T3N, R1E b. Owner: Artiach Properties, LP Touchmark of the Treasure Valley, LLC 2770 E Franklin Road PO Box 1355 Meridian, ID 83642 Meridian, ID 83680 Note: For a complete list of property owners please see the project file c. Applicant: Ahlquist Development, LLC 1263 West Wickshire Court Eagle, ID 83616 d. Representative: Penelope Riley, Treasure Valley Engineers e. Present Zoning: R1 (Ada County) f. Present Comprehensive Plan Designation: Commercial g. Applicant's Statement/Justification: "In addition to the support of this access from an economic and safety perspective, it should be noted that this request will not be generating a new access point. In fact, this access point to Eagle Road has existed for some time and, and will simply be reengineered to increase safety and conform to ITD standards for access onto a state highway." 5. PROCESS FACTS a. The subject application will in fact constitute a variance as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11- SA-1), apublic hearing is required before the City Council on this matter. c. Newspaper notifications published on: March 26`x, and Apri19"', 2007 d. Radius notices mailed to properties within 300 feet on: March 23`d, 2007 e. Applicant posted notice on site by: Apri17`~, 2007 6. LAND USE a. Existing Land Use(s): Single family rural residential b. Description of Character of Surrounding Area: This site is surrounded by various uses and zoning designations. Of note, are the St. Luke's Regional Medical Center to the south, and the RC Willey complex to the north. This area is rapidly transitioning into one of the city's largest and most visible business and retail areas. Gardner Ahlquist Gateway Access Variance VAR-07-006 PAGE 2 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE'OF 4/24/2007 c. Adjacent Land Use and Zoning 1. North: Franklin Road and RC Willey Building, zoned C-G 2. East: Touchmark Living Center, zoned L-O 3. South: St. Luke's Regional Medical Center. Zoned L-O 4. West: Eagle Road, Offices, and homes, zoned L-O and R-2 (Ada County) d. History of Previous Actions: The subject variance application is directly tied to ;the Gardner Ahlquist Preliminary Plat application (PP-07-007) that is being considered concurrently by the City Council. 7. COMMENTS MEETING On January 12, and February 23, 2007 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Public Works Department, and the Sanitary Services Company. Although this variance request was not specifically addressed at the comments meeting, all of the agencies present were able to see the proposed access point to Eagle Road. All agency comments regarding this project can be found in the Ahlquist AZ/Gardner Ahlquist PP staff report. 6. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Commercial' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined as an area that "will provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone." Staff also finds the following Comprehensive Plan policies to be applicable to this application: ^ "Eagle Road is the major north-south arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway. The City should recognize, adopt, and help implement the Eagle Road Access Control Study, prepared by ACHD in 1997." (Chapter VI, Page 71) ^ "The capacity of arterial... roadways can be greatly diminished by excessive driveway connections to the roadways. The City should cooperate with ACHD to minimize access points on arterial... roadways as development applications are reviewed." (Chapter VI, Page 72) ^ "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, #12, Page 79). ^ "Consider the Eagle Road Corridor Study in all land-use decisions." (Chapter VI, Goal II, Obj. A, #15, Page 79). ^ "Restrict curb cuts and access points on... arterial streets." (Chapter VII, Goal IV, Obj. D, #5, Page 107) 7. UNIFIED DEVELOPMENT CODE The following UDC sections are pertinent to this application: a. Development along Federal and State Hi hwa~: UDC 11-3H-1, Purpose Statement. One of the three purpose statements is to "limit access points to state highways in order to maintain traffic flow and provide better circulation and safety within the community and for the traveling public." b. UDC 11-3H-4B-1 Standards: Access to State Highway 55 - "Use of existing approaches shall be Gardner Ahlquist Gateway Access Variance VAR-07-006 PAGE 3 CITY OF MERIDIAN PLANNING AIVD ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/24/2007 allowed to continue provided that the following conditions are met: 1. The existing use is lawful and property permitted effective September 15, 2005. 2. The nature of the use does not change (for example, a residential use to a commercial use). 3. The intensity of the use does not increase (for example, an increase in the number of residential dwelling units or an increase in the square footage of commercial space)." c. UDC 11-3H-4B-2, Standards: "If an applicant proposes a change or increase in intensity of use, the owner shall develop or otherwise access to a street other than the state highway. The use of the existing approach shall cease and the approach shall be abandoned and removed. 1. No new approaches directly accessing a state highway shall be allowed. 2. Public street connections to the state highway shall only be allowed at: a. The section line road; and b. The half-mile mark between section line roads. These half-mile connecting streets shall be collector roads." d. UDC 11-3H-4B-3. Standards: "The applicant shall construct a street, generally paralleling the state highway, be designed to accommodate future connectivity and access to all properties fronting the state highway that lie between the applicant's property and the nearest section line road and/or half mile collector road." 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation for Denial Listed below are various documents in the public record pertaining to this application. The relevant points within each document and an analysis of those points follow (Staff's analysis in italics). • Development Agreement There is no recorded development agreement on file pertaining to this site which specifically addresses access to Eagle Road / SH 55 at this tune. • Eagle Road Arterial Study -Final Report (April 2004) This study (not to be confused with the 1997 Eagle Road study referenced in Chapter VI of the Comprehensive Plan) was endorsed by the City Council in a January 2005 letter to Eric Shannon, ITD District Engineer, and was also endorsed by the ACRD Commission. The study includes the following recommendations: - Para. 3.2.5, pg. 4: "ITD and ACRD should work together with the municipalities to identify the specific public streets and private approaches on Eagle Road to be closed, over time, via access consolidation, provision of secondary access, etc..." ACRD has provided two access points to the site. The first access point is a proposed left- in/right-in/right-out only access connected to Franklin Road to the north. The other access point is the extension of East Louise Drive which is stubbed to this property from the east. East Louise Drive is connected to Touchmark Way which links to an existing signal at the intersection of Touchmark Way and Franklin Road. A third point of access also currently exists in the form of a private driveway that is extended from St. Luke's Lane into this area. It is important to note that this third access point is privately maintained and based upon an agreement that was reached between St. Luke's and the Montvue Subdivision property owners at the time the hospital was developed (see Exhibit C for St. Luke's official comment letter). Staff believes that the above mentioned access points are sufficient to serve this Gardner Ahlquist Gateway Access Variance VAR-07-006 PAGE 4 CITY OF MERIDIAN PLANNING .AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/24/2007 property without the need for an access to Eagle Road. Both the Comprehensive Plan and the UDC contain a clear vision about the need for limiting and eliminating access points to the state Highways. Staff recognizes the need for commercial projects to have good access to the transportation network, but is very concerned about the safety and functionality of this area of Eagle Road. - Para. 3.2.6, pg. 4: "The existing circulation network within and between existing developed parcels should be reconfigured to reduce the number of access points to Eagle Road and to allow more local trips to be made without the need to travel on Eagle Road. This concept should be incorporated into municipal planning and zoning policies..." This statement emphasizes the need for consolidating access points and encouraging shared driveways on properties that front major roads such as highways. Cross-access between developments eliminates the need for individual accesses to /from said roads. Additionally, Meridian's adoption of the UDC, Article H, demonstrates the City's commitment to reducing the number of trips and, thus, potential accidents on Eagle Road • Traffic Accident Data To conclude staff's analysis, we obtained accident data from the Meridian Police Department for the Eagle Road corridor for the years 2005 and 2006, to-date. Of the top 10 intersections in Meridian for total number of accidents, six of those intersections were along Eagle Road / SH55 (Fairview, Ustick; Franklin, St. Luke's, Magic View, and Overland). 2005 TOP 10 MERIDIAN ACCIDENT LOCATIONS INTERSECTION TOTAL # ACCIDENTS EAGLE /FAIRVIEW 78 MERIDIAN /OVERLAND 63 FAIRVIEW /LOCUST GROVE 36 EAGLE /USTICK 33 EAGLE /FRANKLIN 33 MERIDIAN /FAIRVIEW 29 EAGLE / ST LUKE'S LN 26 EAGLE /MAGIC VIEW 22 MAIN /FRANKLIN 19 EAGLE /OVERLAND 18 2006 TOP 10 MERIDIAN ACCIDENT LOCATIONS INTERSECTION TOTAL # ACCIDENTS EAGLE /FAIRVIEW 37 EAGLE / I-84 ON /OFF RAMP 34 FAIRVIEW /LOCUST GROVE 33 MERIDIAN /OVERLAND 33 EAGLE /USTICK 22 MAIN /FRANKLIN 21 EAGLE /FRANKLIN 21 MAIN /FAIRVIEW 19 EAGLE/FLORENCE 19 EAGLE /MAGIC VIEW 15 NOTE: The Eagle Road /Ustick Road intersection was not on the list of top ten intersections for traffic accidents GardnerAhlquist Gateway Access Variance VAR-07-006 PAGE 5 • CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/24/2007 in the City of Meridian for the year 2004. There is a direct correlation between the number of access points/intersections along a roadway and the potential for accidents. The higher the accessibility, the lower the mobility. While staff is not arguing that every driveway or public street access to Eagle Road will cause or be directly responsible for accidents, we do believe restricting the number of accesses helps to ensure a safer roadway. b. Staff Recommendation: Based on the Comprehensive Plan and UDC policies listed under Section 8 of this report, as well as the analysis of findings shown in Exhibit C, staff finds there is a lack of evidence and grounds to allow the access point to Eagle Road / SH 55 to remain. Staff does not believe the applicant's arguments meet the "findings test" for granting a variance. Therefore, staff recommends denial of the subiect application n Anril 24 2007 th M ridian itv o ~nci to annrove a ri h -in/righ -o ~ only ac c to/from .a le Road for hi cite 10. EXHIBITS A. Vicinity Map B. Site Plans Depicting Access Points C. Letter from St. Luke's RMC D. Letter from the Idaho Department of Transportation E. Required Variance Findings from UDC Gardner Ahlquist Gateway Access Variance VAR-07-006 PAGE 6 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/24/2007 Exhibit A: Vicinity Map Gardner Ahlquist Gateway Access Variance Exhibit A, Page 1 i CITY F O MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE,OF 4/24/2007 Exhibit B: Site Plans - :~ lrawao,~a dsinm~ro NOI.Ldia]S3Q .~. m w} ~ zw o ~o ~z~ c~ ttC J 2 >.; ~ ~ {o °' ~ °" ~ Sxx~ a rr~~~ F C V 5m~ 7 C < W,L A C~ ~ ~\W y ~ ~~~ U{o W yy, F~ NFF U q O 0.~ ~ Qz BI ~a~ ~ $ ~ ~ ~ ;~~~ ~$1gQ~q g~ g ~ $ a ~s ds ~E$sp®9g¢~®p~ppa~~@"y3~y~gy~pEgytg~ gp~E@ ge _ 1 ®y~ ~ ~ ~ x p~Q p~ p~y 4: gg ~~ '~ ~..3i£IC~fCB~@@~6@!@$ ~~ ~ S ~3 ~ P 2 H E E G~ G~ 9 ,~;,;>.. Illl~i~--oho ~~ ~ ~ . .ms. . II~111111 iiiiLl ~ "' l~ld ~ ~ ~$~~ x :s...°.=225 6~. ~a ~ ~Q1Q sp~pp~pgg-~gg 6Q~~9A&~?4 9 ~--- ~ a . 6 -g 5 ~~~.~ ' tee, ~i r, ~sj ggggd L` I®lga De~9~~a_ a 9~ A~13: 1° 19 71L S Gardner Ahlquist Gateway Access Variance Exhibit B, Page 1 • CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/24/2007 Gardner Ahlquist Gateway Access Variance Exhibit B, Page 2 • M CITY OF MERIDIAN PLANNING AIVD ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/24/2007 Exhibit C: Letter from St. Luke's Regional Medical Center 190 East Bannock Street Boise, Idaho 83712 iJ L (208) 381-2222 ,. ~- S~ Luke'S~ www.stlukesonline.org ~ ~/I~ Edwin E. Dahlber (,/~~ _~_ President and CEO 9 Medreal Center To Whom It May Concern: St. Luke's representatives have met with the developers of the proposed commercial development on the property of what is now known as the Montvue Subdivision. Our meetings with Mr. Ahlquist have been very productive and St. Luke's supports his development. In fact, we will be revisiting our settlement agreement with the Montvue Subdivision to reevaluate the terms of the agreement in the near future. St. Luke's only concern with this proposed development is the potential increase in vehicle trips on to St. Luke's Road. As submitted, the increase in vehicle trips will not be a problem for St. Luke's, and thus, will be acceptable under the Montvue Settlement Agreement. However, if the proposed development is denied the existing entrance at Montvue Drive, the resulting increase in vehicle trips on to St. Luke's Road will be unacceptable to St. Luke's. Our primary concern is one of safety. If patients in distress, emergency responders, ambulance companies, and EMS vehicles cannot easily access our campus, there is a very real possibility of bad patient outcomes. Forcing vehicles to access the proposed development through the existing private roadway will likely cause an overloading of the existing roadways, potentially creating an unsafe traffic situation in and around our campus, particularly on our private roadway system. In summary, St. Luke's is pleased to work with Mr. Ahlquist and his group on this proposed development. We are supportive of his development plan as submitted, and would like to strongly encourage this development to move forward while maintain primary access from Eagle Road through the existing Montvue Drive. Sincerely, ~~h ~~~ Matt Bell Director, Support Service St. Luke's Boise and Meridian CC: Tom Ahlquist, MD Gardner Ahlquist Gateway Access Variance Exhibit C, Page 1 • • CITY OF MERIDIAN PLANNING AIVD ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/24/2007 Exhibit D: Letters from the Idaho Transportation Department ~OAHp IDAHO TRANSPORTATION DEPARTMENT P.O. Box 8028 * * Boise, ID 83707-2028 (208) 334-8300 9 itd.idaho:gov T W ~o9TA>ION o~QpQ~~ March 8, 2007 City of Meridian Planning Department Attn: Justin Lucas 660 E. Watertower Lane Suite 202 Meridian, Idaho 83642 FAX 888-6854 Re: Location: SEC of Eagle Rd. & Franklin RD. Route: SH 55 MP 11.72 Name: Alquest Development Case IVo. AZ 06-065 Hearing Date: Feb ], 2U07 Dear Mr. Lucas, After a review of the application and the .two previous letters (Jan lb, and Jan22) it appears that the Jan 16 letter was prepared prior to receiving a copy of the TIS. The letter dated Jan 22 states that leaving the existing access (Montvue Dr.) would be acceptable but have the developer increase the radius of the approach flare to 30 feet rather than the existing 20 feet. This work will require a permit from I.T.D. Other than the curb radius we have no comment on this application. Any work done on the State Right of Way will require a permit. Permit applications are available from this office. Please have the applicant contact Matt Ward at 8150 Chinden Blvd. 83714 in Boise or call (208) 334- 8341 to obtain a permit application. If you have any questions please call Larry Strough at 334-8924. Sincerely, ~~,J1 ~ Phil Choate Senior Planner Cc: Ahlquist Development Gardner Ahlquist Gateway Access Variance Exhibit D, Page 1 • CITY OF MERIDIAN PLANNING AIVD ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/24/2007 tDAHp- IDAHO TRANSPORTATION DEPARTMENT P.O. Box 8028 (208) 334-8300 * * Boise, ID 83707-2028 a ~ itd.idaho.gov Y W N~9rgTI0N D~Qp. January 22, 2007 - City of Meridian ,, Planning Department , 660 E. Watertower Lane Suite 202 Meridian, Idaho 83642 _ - - -~ ' - FAX 888-6854 - Re: Location: SEC of Eagle Rd. & Franklin RD. Route: SH 55 MP 11.72 Name: Alquest Development Case No. AZ 06-065 Hearing Date: Feb 1, 2007 Dear Zoning Administrator, I.T.D.s comments dated January 6, 2007 prompted a meeting with the. developer and their engineers. At the meeting that was held on January 19`~ the main discussion was to leave the Montvue Drive access in place to function as a right in right out access. The T.I.S. showed how the access could help reduce the delay at the St. Lukes signal. I.T.D. is agreeable to leaving the access and have the. developer increase the existing 20 curb radius to a minimum of 30 feet. Other than the curb radius we have no comment on this application.. Any work done on the State Right of Way will require a permit. Permit applications are available from this office or the maintenance office in Cascade, Please have the applicant contact Matt Ward at 81.50 Chinden Blvd. 83714 in Boise or call (208) 334-8341 to obtain a permit application. If you have any questions please call Larry Strough at 334-8924. Sincerely, Kev ablan P.E. District Traffic Engineer Cc: Ahlquist Development. Gardner Ahlquist Gateway Access Variance Exhibit D, Page 2 • CITY OF MERIDIAN PLANNING AIVD ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/24/2007 ti ~ 9 = Y ~ ~o9TQT/0N D~QpQ~~ 1D ANp January 16, 2007 City of Meridian Planning Departrnent 660 E. Watertower Lane Suite 202 Meridian, Idaho 83642 FAX 888-6854 Re: Location: SEC of Eagle Rd. & Franklin RD. Route: SH 55 MP 11.72 Name: Alquest Development Case No. AZ 06-065 Hearing Date: Feb 1, 2007 Dear Zoning Administrator, - i _rl ~. Thank you for the opportunity to comment on the referenced application. Direct access to Eagle Road (SH 55) will not be allowed. Access to this site should be from E. Louise Drive and E. St Lukes Drive.The intersection of Eagle Rd. and E. St. Lukes Drive is currently signalized. Any work done on the State Right of Way will require a permit. Permit applications are available from this office or the maintenance office in Cascade. Please have the applicant contact Matt Ward at 8150 Chinden Blvd. 83714 in Boise or call (208) 334-8341 to obtain a permit application. Sincerely, ~~,,.~ ~, /l ~ ate, Sue Sullivan Senior Planner IDAHO TRANSPORTATION DEPARTMENT P.O: Bpx 8028 Boise, ID 83707-2028 (208) 334-8300 itd.idaho.gov Gardner Ahlquist Gateway Access Variance Exhibit D, Page 3 [ • • CITY OF MERIDIAN PLANNING AIVD ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/24/2007 Exhibit E: Required Findings from UDC (Variance) The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section I1-SB-4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: If the City Council grants the access form Eagle Road /SH55, it would grant a right that is currently prohibited not only in the C-G zone but for all new development adjacent to state highways. Two public access points are available to this site from Franklin Road and East Louise Drive. However, the Council does find that the request is consistent with UDC 11-SB-4E-1, and aright- in/right-out only access is acceptable. B. The variance relieves an undue hardship because of characteristics of the site; Council finds that the location of this site, being on a major arteriaUarterial intersection justifies an access point being constructed on Eagle Road /SH55. C. The variance shall not be detrimental to the public health, safety, and welfare. It is important to limit access points on major roads such as highways, as their main function is to move traffic over longer distances at higher speeds. This means separating access points on said roads so that turning movements occur at few locations. Frequent access points do increase congestion. And as traffic congestion increases, so does the likelihood of traffic conflict and the potential for accidents. Council finds that granting aright-in/right-out access point does mitigate the existing congested conditions on Eagle Road /SH55, and is approved. Gardner Ahlquist Gateway Access Variance Exhibit E, Page 1 • • May 4, 2007 MERIDIAN CITY COUNCIL MEETING May 8, 2007 APPLICANT ITEM NO. 6D REQUEST Resolution No. :Amendment to the Standard Operating Policy and Procedure Manual Regarding Appropriate Clothing Attire for Work Purposes and Procurement AGENCY COMMENTS CITY CiERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See Attached Policy CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: G~ ~ / ~ 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: MfR1DIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • CITY OF MERIDIAN RESOLUTION NO. ~ " S ~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE MANUAL TO AMEND POLICY NUMBER 6.14 (APPROPRIATE CLOTHING ATTIRE FOR WORK PURPOSES AND PROCUREMENT); AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF MERIDIAN, IDAHO WHEREAS, the Mayor and City Council have authority over the operations, polices and procedures for the City of Meridian; WHEREAS, the City has previously approved a Standard Operating Policy and Procedures Manual in 2002 for application to all employees of the City; WHEREAS, the City Council may amend the Standard Operating Policy and Procedure Manual from time to time as necessary to incorporate changes as needed; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. The City of Meridian Standard Operating Policy and Procedures Manual is hereby amended to amend policy number 6.14 (Appropriate Clothing Attire for Work Purposes and Procurement), a copy, of said policy is attached and incorporated by reference as Exhibit "A". SECTION 2. This Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of rn Q,lr , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of ~~.~1, , 2007. APPROVED: Tammy de ee d, Mayor RESOLUTION TO AMEND THE SOP MANUAL AMENDING POLICY NUMBER 6.14 -APPROPRIATE CLOTHING ATTIRE FOR WORK PURPOSES AND PROCUREMENT Page 1 of 2 • ATTEST: William G. Berg, Jr., City ler • e Teo ~~'~~, _ ,~ ~ ,~~' ~ ~~ "'~~V 1117 17 i N RESOLUTION TO AMEND THE SOP MANUAL AMENDING POLICY NUMBER 6.14 -APPROPRIATE CLOTHING ATTIRE FOR WORK PURPOSES AND PROCUREMENT Page 2 of 2 • • Exhibit `A' CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.14 SUBJECT: APPROPRIATE CLOTHING ATTIRE FOR WORK PURPOSES, AND PROCUREMENT PURPOSE: To provide guidelines to employees regarding appropriate attire for the workplace and the use of City funds for the procurement of work clothing and uniforms. POLICY: City employees maybe issued clothing for work purposes. This clothing may be required to be worn during work to identify the individual as a City employee. Each Department may have different articles of clothing purchased for this purpose. Additionally, articles of clothing may be purchased by an employee with the approval of their supervisor as an employee incentive. The Department Director has the final authority in regards to ali purchased clothing. This does not apply to the clothing or allowance supplied to employees based upon contractual requirements. Employees are held to the same standards of conduct and behavior whether it is during their normally scheduled work period or not when they are wearing identifiable City of Meridian attire. AUTIIORITY & RESPONSIBILITY: The Department Director will' approve all purchases of work clothing or uniforms either by an established policy and procedure or by individual approval of purchase order. Purchased clothing must remain in good condition and appearance for work purposes. The Department Director shall also be resporisible for setting the standard of attire appropriate for their department. The attire worn should be appropriate for the job performed and appropriate for the necessary public contact that the job requires. PROCEDURES AND RELATED INFORMATION: I. All clothing purchased must be practical and appropriate for the job being performed. Clothing should be inscribed to indicate the employee is an employee of the City of Meridian. Page 1 of 3 • Exhibit `A' II. Employees are to take reasonable caution in the cleaning and maintenance of all supplied clothing. III. If clothing or uniforms are supplied, the employee is required to wear the provided clothing or uniform in accordance with departmental policy or as set by the Department Director. If clothing is worn or destroyed sooner than normal the employee will be responsible for replacement. Exceptions must be approved by the Department Director: IV. Upon separation from employment the City reserves the right to request the return of all issued items and may withhold the employee's final paycheck until all items are returned. DEPARTMENTS Office and Administrative Staff for all Departments Office and administrative staff in all departments of the City may request to purchase City of Meridian logo clothing at the discretion of the Department Director, but it may not exceed funds budgeted for "employee incentives" annually. The employee may have the option to apply this designated amount to a larger purchase, with the difference being paid by the employee.. The City logo may only be placed on articles of clothing that are appropriate for the workplace. Public Works Field Inspection Personnel Employees maybe issued shirts, sweat shirts, and other outer wear such as coats and overalls. Overalls and other outerwear are exempt from the safety color requirement. The Director may authorize other clothing type that is work related to the position of the employee. Employees are provided with City logo hats Police Department Uniform and dress requirements for all Police Department personnel are detailed in Meridian Police Department Policy and Procedure Chapter II Section 3 Uniform and Equipment. All sworn officers receive a clothing allowance per year and are allocated additional chits for dry cleaning; initial uniforms and equipment are purchased and supplied by the department on hire. Page 2 of 3 Exhibit `A' Non- sworn personnel are governed by the section on office and managerial staff. All clothing allowance is paid directly to the employee and is taxed. Fire Department Uniform and dress requirements for all sworn Fire Department personnel are detailed in Meridian Fire Department Rules and Regulations Article 3- Appearance and Uniforms. All firefighters including the Chief and Deputy Chiefs receive a clothing allowance per the current union contract. Waste Water Treatment Plant and Water Department Employees maybe issued shirts, sweat shirts, and other outer wear such as coats and overalls. Overalls and other outerwear are exempt from the safety color requirement. The Director may authorize other clothing type that is work related to the position of the employee. Employees are provided with City logo hats Parks Employees maybe issued shirts, sweat shirts, and other outer wear such as coats and overalls. Overalls and other outerwear are exempt from the safety color requirement. The Director may authorize other clothing type that is work related to the position of the employee. Employees are provided with City logo hats. Page 3 of 3 i • • May 4, 2007 ~ MERIDIAN CITY COUNCIL MEETING May 8, 2007 APPLICANT ITEM NO. GE REQUEST Resolution No. :Amendment to the Standard Operating Policy and Procedure Manual Regarding Electronic Mail 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 Policy 55~ 0~' u~Y`~~ Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • CITY OF MERIDIAN RESOLUTION NO. ~ ~~ S~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE MANUAL TO AMEND POLICY NUMBER 6.2.3 (ELECTRONIC MAIL); AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF MERIDIAN, IDAHO WHEREAS, the Mayor and City Council have authority over the operations, polices and procedures for the City of Meridian; WHEREAS, the City has previously approved a Standard Operating Policy and Procedures Manual in 2002 for application to all employees of the City; WHEREAS, the City Council may amend the Standard Operating Policy and Procedure Manual from time to time as necessary to incorporate changes as needed; and NOW THEREFORE, BE IT RESOLVED BY TIIE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. The City of Meridian Standard Operating Policy and Procedures Manual is hereby amended to amend policy number 6.2.3 (Electronic Mail), a copy of said policy is attached and incorporated by reference as Exhibit "A". SECTION 2. This Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this g~ day of ~LCC lit , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of `'I2 a ~/ , 2007. APPROVED; _~e~r~-rte Tammy eWe d, Mayor RESOLUTION TO AMEND THE SOP MANUAL AMENDING POLICY NUMBER 6.2.3 -ELECTRONIC MAIL Page 1 of 2 • • i~ ATTEST: ;~~ ~o~~T~ ~~ ' a William G. Berg, Jr., City Clerk '~ ~G~~ ~~ °~ '~ o~ S'T131. .,~ P \~,~ RESOLUTION TO AMEND THE SOP MANUAL AMENDING POLICY NUMBER 6.2.3 -ELECTRONIC MAIL Page 2 of 2 • l J Exhibit `A' CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.2.3 SUBJECT: ELECTRONIC MAIL PURPOSE: To provide guidelines regarding the authorized use of electronic mail (e- mail) on City computer systems. POLICY: Employees are provided access to electronic mail (E-mail) for the sole purpose of facilitating City operations and functions. Employees are to use E-mail strictly for business purposes as outlined within the policy. AUTHORITY & RESPONSIBILITY: Supervisors and Department Directors shall be responsible to ensure that primary employee use of a-mail is for business purposes. The Information Technology Department may also have authorization as directed by the Mayor, the employee's Department Director, the City Attorney, or the Human Resources Director to open and review a-mail to ensure compliance with this policy. Employee e-mail may be accessed in the performance of the duties of the member of the IT Division in setting up accounts, troubleshooting problems, maintenance of the system and similar job related duties. PROCEDURES AND RELATED INFORMATION I. Electronic mail is any electronic communication between two or more individuals and may contain any form or combination of text, audio, video, drawings, or photographic representation. II. E-MAIL IS A PRIVILEGE, NOT A RIGHT. Electronic mail is a tool primarily for work-related communications. Although we recognize from time to time that it is used for personal correspondence, this purpose should be limited. Any personal a-mail is subject to the same rules and conditions in this policy as work related e-mail including the ability to be viewed by others to assure compliance with this policy. There is not privacy right of any kind for a-mail. Users have the responsibility to use this electronic mail in an efficient, effective, ethical and lawful manner. Electronic mail communications shall comply with all applicable federal, state and local laws and regulations, as well as the City's policies and procedures adopted regarding electronic mail. Electronic mail should be courteous and respectful to the recipient(s). III. All electronic mail accounts maintained on City systems are the sole property of the City. The City shall have the right to monitor any employee's electronic mail Page 1 of 4 • Exhibit `A' account. All employees are required to report unauthorized or inappropriate use of any electronic mail account. Similarly, any unauthorized or inappropriate use(s) discovered during monitoring activities shall be reported to the.appropriate supervisor for determination of appropriate action. IV. Users shall not expect their electronic mail communications, documents, or other information to be private and shall not use the electronic mail system for matters that are not intended for public disclosure. Confidential matters, permitted by law, shall be so marked and shall include a warning regarding accidental transmission to a third-party. V. Electronic mail messages shall be considered City property, constitute official records of the City, and are subject to existing document retention and public records policies. Sending data via electronic mail shall be considered the same as sending correspondence or official memo or letterhead. VI. Employees shall not pursue, obtain, exchange, or distribute any non-authorized information that could cause congestion or disruption to electronic mail systems such as screen savers, audio or video clips, or in violation of any licensing agreement. VII. Employees using the City's web account via Microsoft Outlook may use it only to perform work for the City, and in connection with the employee's job. VIII. Personal business should not be conducted using electronic mail, or other City resources. IX. Designated employees have been assigned a personal password. No employee shall give out this password to anyone other than his/her department head. Passwords maybe changed to maintain security. X. Employees shall not access another employee's electronic mail without authorization from both employees' manager/supervisors. XI. PROHIBITED USE OF ELECTRONIC MAIL Use of electronic mail system as described below is strictly prohibited. This list is not all-inclusive, and employees are expected to use common sense in determining appropriate use of electronic mail. A. Knowingly or intentionally creating, publishing transmitting, and/or exchanging messages that are inappropriate, offensive, harassing, obscene, or threatening; Page 2 of 4 • Exhibit `A' B. Creating or distributing electronic mail containing defamatory, false, inaccurate, abusive, threatening, racially offensive or otherwise biased, discriminatory or illegal material; C. Viewing or distributing obscene, pornographic, profane or sexually oriented material; D. Violating laws, rules and regulations prohibiting sexual harassment; E. Encouraging the use of controlled substances for criminal or illegal purposes; F. Engaging in any activities for personal gain; G. Distributing copyrighted information without permission; H. Distributing advertisements for commercial enterprises, including but not limited to goods, services or property, unless such advertisements are part of requested vendor information to be used in carrying out City business. I. Violating or infringing upon the rights of others; J. Conducting business unauthorized by the City; K. Transmitting incendiary statements, which might incite violence or describe or promote the use of weapons; L. Conducting any non-City supported fundraising or public relations activities; M. Exchanging proprietary information, trade secrets, or any other privileged, confidential or sensitive information that is not authorized; N. Creating or exchanging solicitations, chain letters, and other unsolicited electronic mail. O. Registering to list servers unrelated to City business, without proper authorization P. Lobbying elected officials or engaging in any other political activity prohibited by law, or using the electronic mail system for any illegal purpose. Q. Using @meridiancity.org, @ci.meridian.id.us or @cityofineridan.org mailing list aliases for the purpose of promoting an election campaign. R. Sending unsolicited external commercial E-snail commonly referred to as Spam. S. Subscribing someone other than yourself to a mailing list. T. Sending a-mail designed to damage the target system when executed or opened; for example, sending malicious programs or viruses attached to an e-mail. U. Sending a-mail that is designed to cause confusion, consternation, fear, uncertainty, or doubt, such as fake virus warnings. XII. Employee/users who receive information of the type described shall not forward or respond to the material, and shall immediately report receipt of such material to the employee's supervisor for proper disposition. XIII. City-wide or Department-wide E-mails Page 3 of 4 Exhibit `A' City-wide a-mails are electronic communication through the City's a-mail system that is directed to all or almost all employees of the City. Department-wide e- mails are similar except for the direction of the e-mails to an individual department rather then to the City as a whole. Generally, employees are prohibited from sending City-wide or Department-wide e-mails. This prohibition shall also apply to replying to all recipients of an approved City-wide or Department -wide a-mail. Employees may be authorized to send a-mails of this nature under the following conditions: 1) The e-mail is authorized by the Director of the Department or the Mayor; and 2) The intent of the e-mail is to inform the greatest amount of employees with information that is directly related to City business or the promotion of a City program or event. XIV. Any violations of this policy may result in disciplinary action up to and including termination. Amended May, 2007 Page 4 of 4 • • May 4, 2007 MERIDIAN CITY COUNCIL MEETING May 8, 2007 APPLICANT ITEM NO. 6F REQUEST Resolution No. :Amendment to the Standard Operating Policy and Procedure Manual Regarding On-Call/Call Out Duties and Compensation AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See Attached Policy CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: ~~ CITY SEWER DEPT: D ~ ~ CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFfICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN RESOLUTION NO. • D 7- S6 D BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AME1VD THE CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE MANUAL TO AMEND POLICY NUMBER 3.4.5 (ON-CALL /CALL OUT DUTIES AND COMPENSATION); AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF MERIDIAN, IDAHO WHEREAS, the Mayor and City Council have authority over the operations, polices and procedures for the City of Meridian; WHEREAS, the City has previously approved a Standard Operating Policy and Procedures Manual in 2002 for application to all employees of the City; WHEREAS, the City Council may amend the Standard Operating Policy and Procedure Manual from time to time as necessary to incorporate changes as needed; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. The City of Meridian Standard Operating Policy and Procedures Manual is hereby amended to amend policy number 3.4.5 (On-Call /Call Out Duties and Compensation), a copy of said policy is attached and incorporated by reference as Exhibit «A„ SECTION 2. This Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ ~~ day of `?'tom H , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this g ~ day of ~ , 2007. APPROVED: e ~ Tammy d e d, Mayor RESOLUTION TO AMEND THE SOP MANUAL AMENDING POLICY NUMBER 3.4.5 - ON-CALL /CALL OUT AND COMPENSATION Page 1 of 2 • ,IIItiltY;it;ltrll;;. ~~ ."vs' .z ~~i i ATTEST: Cs .~~~'~.~ j -~`~, e, ,~; .n " - .e:~.~~~u~ - ~' William G. Berg, Jr., City Clerk "%~-~~ ~'~~. ~~z `~~ ~ \ ~. ' ~,~ ///~~!!1!!!{t911111111t\ • RESOLUTION TO AMEND THE SOP MANUAL AMENDING POLICY NUMBER 3.4.5 - ON-CALL /CALL OUT AND COMPENSATION Page 2 of 2 • Exhibit `A' CITY OF MERIDIAN STANDARD OPERATING PROCEDURE NUMBER 3.4.5 SUBJECT: ON-CALL/CALL OUT DUTIES AND COMPENSATION PURPOSE: To provide guidelines regarding employees being on-call and being called out to perform emergency work beyond normal working hours. POLICY: Certain City employees may be placed on the on-call duty as directed by the Department Director or their designee. On-call duties are defined as being reasonably available to respond to City business during hours beyond the employee's normally established workday. AUTHORITY AND RESPONSIBILITY: Department Directors, or their designees, shall be responsible for establishing an on-call roster, scheduling on-call schedules, and ensuring that proper records are kept and submitted to record time worked. PROCEDURES AND RELATED INFORMATION I. ON CALL PERIOD A. On-call hours are defined as those beyond the employee's normal work schedule, including City recognized holiday. B. An on-call employee forfeits their on-call duty if he/she calls in sick or goes home sick. The Supervisors shall be notified and may arrange alternate coverage. An employee may retain their on-call duty if the employee uses sick leave to attend an appointment during work hours and will be available for on-call duty at the end of their normal workday. If an employee simply has an appointment but is not ill they may keep their On- call duty but are required to call the office before 5:00 PM to be updated on pertinent information C. Employee must respond to the call within the specified period of time designated by their respective departments. D. Failure to respond to request for assistance or to respond within the time specified can be the subject of discipline up to and including termination. Page 1 of 3 Exhibit `A' DEPARTMENTS I. PUBLIC WORKS -WATER A. All on-call employees must have a minimum of a current Class 1 Water Distribution License issued by the State of Idaho. B. The maximum response time for an emergency call out shall be one (1) hour. C. On-call duty is mandatory for licensed operators unless the Superintendent expressly approves an exclusion. D. If an employee uses sick leave for a medical appointment but is not ill they may keep their on-call duty. However, the employee is required to contact the office before 5:00 PM to be updated on pertinent information. E. A supervisor must approve trading on-call duties before the end of the work period. III. PUBLIC WORKS -WASTEWATER A. Currently only as designated by the Superintendent of the Wastewater Treatment Plant. B. The maximum response time for an emergency call out shall be one (1) hour. IV. POLICE A. Any employee on-call must respond within thirty (30) minutes of the request for assistance. V. COMPENSATION A. ON CALL "On Call" is a mandatory job requirement for certain positions. Although it is a condition of employment, the City of Meridian does recognize that being on-call may have some limited restrictions upon an employee's off work time and opportunities. Because of this the City is willing to compensate the employee accordingly at the defined rate of: Weekdays - 1 hour per day; Page 2 of 3 Exhibit `A' Weekends - 2 hours per day; Holidays - 4 hours per City-recognized holiday. (Example: Standard 40 hour work week/M-F/8-5=9 hours of extra pay) All "on-call" time will be compensated as "extra hours" on the employee's time sheet. The time will not count as hours worked" for Fair Labor Standards Act (FLSA) purposes and cannot be paid or counted towards pay at an overtime rate. The employee will be paid their straight time for the specified amount. B. CALL OUT "Call out" is also a mandatory job requirement for certain positions. Although it is a condition of employment, the City of Meridian does recognize that being called out may have some limited restrictions upon an employee's off work time and opportunities. Because of this the City is willing to compensate the employee accordingly at the defined rate of: Minimum of one (1) hour straight time; Remaining time to be added to the employee's standard work week. The on-call employee will be compensated at their actual hourly rate until the completion of the event giving rise to the call out. Compensation for call outs begins when the employee begins leaves from their location when they receive call out to respond and they leave their current location and ends when the employee returns to the employee's original location or would have returned if the employee were to choose to go elsewhere. C. OTHER Paid leave (sick or annual) and holidays do not count toward the forty (40) hours in accordance with the FLSA. Approved May, 2007 Page 3 of 3 • May 4, 2007 MERIDIAN CITY COUNCIL MEETING May 8, 2007 APPLICANT Pleasant Valley , LTP ITEM NO. REQUEST Water Main Easement Agreement for Pleasant Valley Office 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 /Easement 6G Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridian. • • City of Meridian, Public Works Engineering Infe~ce Memo Vbe Tara Green Fr~re Karie Glenn CG ®aties 5/21 /2007 Ree Original / Recorided Dots for Vault 107071996 5/21 /2007 WATER Pleasant Valley Pleasant Valley LTP Office easement From the desk of.. Karie A Glenn Dept. Specialist Supervisor PubNc Works: Engineering Division 660 E Watertower Ste 200 Meridian, Idaho83642-2600 (208)898-5500 Fax: (208) 898-9551 • Page 1 • oaf Meridian Public Works Deirt. Memo RECEYVED r~.a~ o ~ Zool To: Mayor De Weeni 8 City Counal iFrom: Karie Glenn CC: Fite Dam 5/1/2007 Re; Proposed agenda Items for 5.8.07 City Council Meeting City Of Meridian City Clerk Office The Public Works Department r+espectfulty requests that the following items be placed on the 5-8-07 City Council agenda, on the Consent Agenda, for Councdl's consideration: 1 j Water Main Easement for Pleasant Valley Office by Pleasant Valley LTP. Typical Water Main Easement. Recommended Cound{ Aeon: Approve the Water Main Easement for Pleasant Valley OfFice by Pleasant Valley LTP and auNtoNze the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 Ford - Yan ADA COUNTY RECORDER J. !~ BOISE IDAHO 05/21/07 09:57 AM DEPUTY Vicki Allen RECORDED-REQUEST OF Ciry of Meridian NAVARRO AMOUNT .00 ie~a~i~~ WATER MAIN EASEMENT THIS INDENTURE, made thi .~~i day of 19 ('r: i L , 2007 between Pleasant Valley Limited Partnership, an Idaho limited partnership, the parties of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantor desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR hereby covenant and agree with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies Water Main Easement Yanke-El-Water Main Easement Ford - within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: PLEASANT VALLEY LIMITED PARTNERSHIP .--~ ,~ Linda L. Yanke, General PaFCner STATE OF IDAHO County of Ada ss On this ~ day of ~ V , 2007, before me, the undersigned, a Notary Public in and for said State, personal y appeared LINDA L. YANKS, known or identified to me to be the General Partner of the limited partnership that executed the within instrument, and acknowledged to me that such limited partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ,--may ' ~ NOTARY P LIC FOR IDAHO ~~~~ .g Residing at ((~~,(/~~ ~i+ Commission Expires: I O ~ ~/' I ~ ~~ ~~ f'~1`B LING :~ q ~ •w '•.. E' nvt0~'_.• Water Main Easement Easement Yanke-E 1-Water Main L PAQA.~~~ ;e Ford - Yanke-E1-Water Main Easernent.doc GRANTEE: CITY OF MERIDIAN (~ ~ ~s f ~ ~y ~ ~s / \ o" ~' /: Tammy de We d ayor ~~~s~ ~~-'~ ~~~ Attest by William G. Berg, City lerk % ~~ Y ~~~ ' .,.` ~~~ 1 Approved By City Council On: g~~~' rP ` j` ~rt~~'y``~\4 STATE OF IDAHO, ) ss. County of Ada ) Paae Y ~ On this da of ) ~, 20~r% before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY ICE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ~~0oe®®• ~••~ ~~~~ s . ~~ o ~ • ; ~~° NOTARY PUBLIC FOR IDAHO ~~ Residing at: /71.Q..~,l~ ~ ~~ Commission Expires: /0 --~,~'- / / Water Main Easement Yanke-El-Water Main Easement 187 E. 50th Street ° Garden Ciry, Idaho 83714 (208) 385-0636 Fax (208) 385-0696 A,parcel of land being a portion of Lots 6 and 7 of Block 2 of Gemtone Center No. 2 as . _:;on fle in Book 74 of Plats at Pages 7664 and 7665 in the Office of the Recorder for Ada County, ldafio, said .parcel being situated in the NE 1/4 of Section 8, T.3N., R.1E., B.M., Meridian, Ada ;County, liJaho and more particularly described as follows: BEGINNING at an iron pin marking the Southwest comer of said Lot 6; thence along the ''West line.of.said Lot 6 North 00°01'48" East 20.00 feet a point; thence leaving said West line ..South 89°35'15" East 30.00 feet to a point; thence ~8outh :00°01'48" West 20.00 feet to a point on the South line of said Lot 6; thence along ;.`.said.:Southline NorFh:.89°35'15" West 5.00 feet to a point; thence leaving said South line '.South p0°01'48" West 25.00 feet to a point; thence ''North 89°35'15" West 25.00 feet to a point on the West line of said Lot 7; thence along `. said West line of said Lot 7 .North 00.°01'48" East 25.00 feet to the POINT OF BEGINNING. _ Said Parcel Contains 1,225 Square Feet, more or less. ~+ ~. s. -Exh-042407,~df - -~~- •~ ~ °~-'•~ -~ _-- __- -- ,,.~ Page N. JL ~~ 0 IS 30 60 SCALE IN FEET I" = 30' i I - ~_ I ' I ~I~-._-. ZI I L1 I I Q }I I o ~. I ~ LOT 6 I .W ._. Z .ro I • ~ __. _ _ _ Ey-. S 89.35'14• E 247.04 I I _'. •- POINT O F BEGINNING S 89°35'15' E 30.00' 31 ;,-. m_% voo 00 ?oo~- 0o r~ ON ~-°'9 ON O O y__ __ . • I x ~ 3 SW CORNER LOT 6 AND NW m ' °~ N 89.35'15° W "°~•;~~ • ~ ~ c 5 00• CORNER LOT 7, BLOCK 2 io _ , . =pej - o I c o ~iri> ev N O ..~~-y. .~ a;~. % z 89.34 .r 2s.oo' . ~~ I I LOT 7 ~IJ~-.oi..-emaag oa-ls-o~ ~6:5¢+a mn° EXHIBIT "B" MERIDIAN WATER LINE EASEMENT EXHIBIT FOR PLEASANT VALLEY, LP LOTS 6 & 7, BLOCK 2, GEMTONE CENTER No. 2 THE NE I/4, SECT. 8 T.3N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO BOISE, ID 83705 (208) 859-7178 (208) 338-2215 CFAX) ~ I~ //1 ~ N 89.34'Fi• V 24627' DEVELOPERiuwrvtK: PLEASANT VALLEY L.P. • I c/o MIKE FORD `~ I PO BOX 5405 rn eo V _J •~ • May 4, 2007 MERIDIAN CITY COUNCIL MEETING May 8, 2007 APPLICANT DMHR Development, LLC ITEM NO. 6H REQUEST Memorandum of Understanding with DMHR Development, LLC - Gemtone No. 5 irrigation Reimbursement for $17, 900.50 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 City of Meridian. COMMENTS See Attached Memo / MOU Ci ty of Nle j idi an P ubO ic 11 Vor ~c!s ~® ept. I~ Memo T« Mayor De Weerd 8 City Council from: -Brad Watson, P.E. CCe File, City Cork, City Atbomey IDatec 5/1/07 Qtee May 8, 2007 City Counat Meeting • ~~ ~~~~ MAY 0 2 2007 City Of Meridian City Clerk Office Tate Public Works Deparhment nespedfutly requests that the foQowirtg item be placed ~ the May 8 City Council oortsentager~a forCama7's approval: Reimbursement This agreementwas discussed before Counal on April 10, at which I was given direction to proceed with an AAOU with DMHR Development providing for payment of their fuU construction casts: The onry change tp this agneemertt is the addition of neiinbursement of enguZeervtg costs ($762.50) associated with the project At Counal, a construction cast of $17,138.00 was presented: Recommended Council Action: Approve memorandum of understanding witttl'DMHR t~evelopment, fnc. and approve payment of s17,90Q50, and au~orize the Mayor to sign and -City Clerk to attest: Thank you foi• your consideration:. o Page 1 TRANSMITTAL. n - _ ~ April 30, 200.7 TO: Meridian Public Works Department From: Walt Morrow ~,r G Re: Gemtone Center No:5 S.ubdivson,. Lot 2- Block 7 Irrgation'Pipin'g Reimbursement Memorandum of Understanding (MOU) ttac_ . is a copy of the subject MOU. as signed by Walt Morrow, ~President,of DMHR :Development, LLP, with his signature notarized. Please process this for signature by Meridian Mayor Tammy de Weerd and City Clerk Will. Berg, Jr. Please return a copy of the fully executed MOU, along with the.reimbursement payment, to: Mr. Walt 1Vlorrow, President DMHR Development, LLP P.O. Box 770 M'ericlan, Idaho 8368U. Thank you. • • 'MEMORANDUM OF UNDERSTANDING BETWEEN. DMHR Development, LLP 'AND THE -CITY OF MERIDIAN THIS MEMORANDUM OF UNDERSTANDING is made and entered into this r ~~ day of t~/p I L. , 2007, by and between DMHR Development, LLP (DMHR), and The City of Meridian, Idaho (City), to establish a mutual .understanding of the duties and responsibilities pertaining to the. reimbursement of costs associated with the design, plan reparation and installation of irrigation piping as shown in Figure 1. 'WHEREAS, DMHR Development, LLP is the sole owner, in .law and/or in equity of Lot 2, Block 7 ,of the Gemtone Center No. 5 Subdivision, Meridian, Ada .County, Idaho, a copy of which is attached .hereto as Figure 2; and VIIHEREAS, the City has. enacted an Ordinance requiring that all ditches, except those spec~cally exempt under those provisions of the Ordinance, shalt be piped, or othenrvise covered. (codified in Meridian City Code § 11-3A-6.A.3); and 1NHEREAS, the original developer, Thomas T. Wright Co:, of the Gemtone Center No. 5 Subdivision was allowed to deposit funds in-the amount of $40,672.50 to cover the expense of piping .two ditches that course through portions of the subdivision. The deposited funds represented 11D% of the engineer's estimated cost for the installation of 995 LF of 20° diameter PVC pipe, 8 manholes, one irrigation box, and 2 trash racks. The deposif was approved in .lieu of installing the pipe at'the .time of development in 2004. Those deposited funds would then be made available to the future owners/developers of the affected .lots for installing the pipes. at the time of improvements being made to the affected lots; and 9NHEREAS, DMHR is desirous of building on Lot 2, Block 7, across which courses a portion of the two ditches .mentioned above for which. the original developer deposited funds with the City of Meridian; and WHEREAS, DMHR is desirous of designing and installing the irrigation ditch piping .across that portion of its lot, and be reimbursed for that expense from those deposited funds mentioned above. NOW, THEREFORE, the parties hereby agree as follows: DMHR Development, LLP has caused engineered design .plans to be drawn up, by an Idaho Professional Engineer, for the development of Lot 2, Block 7, of the Gemtone Center fro. 5 Subdivision, The civil design plans included the design for the piping of those portions of the two ditches crossing DMHR's .parcel. The civil design plans were incorporated into the overall design package for development of DMHR's lot. Design plan was delivered by DMHR to the appropriate .irrigation districts having jurisdiction over the irrigation facilities for review .and received approval. DMHR collected a min. imum of three independent bids from qualified contractors for the work associated with the installation of the irrigation pipe and allied facilities. DMHR delivered the written bids to the Public Works Department for review and awarded the work to the low bidder. DMHR delivered to the Public Works Department a copy of the final construction invoice from the contractor installing the irrigation piping, as contained in Exhibit °A", and a copy of the invoice for design, as contained in Exhibit "B". The City shall reimburse DMHR for the costs of installation and design/plan .preparation, in accordance with Exhibit "C". .Inspection :Inspection of the approved .piping installation shall be by the appropriate irrigation district claiming jurisdiction, or irr the event that no irrigation district claims • • jurisdiction, then the CITY will inspect the construction of the piping to ensure that they meet the approved plans.. IN WITNESS WHEREOF, the parties do execute this Memorandum of Understanding the day and year first above wdtten. CITY'OF MERIDIAN, IDAHO By: Tammy de Weerd, Mayor Attest: William Berg, Jr., City Clerk Approved by Council: STATE OF IDAHO, ss. i County of Ada, ) On this~day of ~~ 2007, before me; the .undersigned, a Notary Public in and for the State of Idaho;- personally appeared Walt Morrow, known or identified 1 i i DMHR DEVELOPMENT, LLP to meto be the President of DMHR Development,lLP, who executed this instrument on behalf of said Limited liability Partnership and acknowledged to me that such limited liability partnership executed: the same. IN day and yE SEAL ~ ~_«~~.. W w4L~~ ~' ~~ OP 1~ ~' ~q STATE OF IDAHO, ss. County of Ada, ) 1 have hereunto set my hand and affixed my official seal the Notary Public for Idaho Residing at; (,~,~, ~~M ~ My commission Expires: 7-~6 --iZ 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 heir names to the within instrument and acknowledged to me that the City of Mecidian executed the same; IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and. year first above written. SEAL Notary Public for Idaho Residing et: My commission Expires: • ~~ure 1-Ditch Location ~~ ~Figure''1" "~ ~ ~ ~ t ~rCa ` ~ v.r.,....wIF E:"'`Commeraal Stre~f'~"" Drtch's,to be Pi ed ~'~~ ~ r Y ~ _ _ E"COR1q'lerpai, S~ t_O ,,,~ 1 -- ,. . G Lx -„ R ~ '~i, ~ ~:-I, ,o o .~ ~ `-~ , _ " . ~ * ~ ~ ,r..' i is 6 ' Ste. ,~ ! ~ ~ ~ ~ . ~ ~' ~: ~ ` ,. i' ~ , f S' ~ [ , _~ f ' ~, , M, ,.~. ~ ' ~= ~~: 4 ~' ~ ~ ~ ' i' , . ' ~ J ~ - - `V _ ~n , V _ .- e .... _ -~i r °' 5 ~1- _:.~ ~x ~~ o-_...~ ? ~,~~~~~ ~ y __yJ ! '. y`~"~.uLYUt:t[iY-~ ar...~ _°~'.+'# Figure 2 - Gemtone Center No. 5 Plat f/ ~~ ~ .rw • =~~ GEMTONE CENTER N0. 5 na m ~ urrfr r ~..y mxn. m+o rvais a awx [ _c ma ~wur 2001 rn[ar 'iTVt`-- -- [ a «as. ra ave. ___~ s rmi ___Tt ~~ ~ ~\ /~ ~`\ rat~rm m urw~r~ \ y~ ~ ' ~ arc \ ~~v?m.e®~mmni°.m BLO S i v; •;• ~ ~ \ ~ / e~ u u°""°r ui•1°.~r~e's°~"° v~iu°°`m / \\ ~ mim. .c. .on. {~ i ~ ' our ' :m+'~"oRPa:.w..,~.......~.. a s --•--i:.L.s~:a i ~ - - "" ~ 4 [fir m..a.. rmov~ ~ cm~ n~ a .s ,i,, _. re,,,.,m _ .•.,~ .~~.....~s...~.a _ - ~d m,~,..r.m.~...~. it ~~ ~ .®W ~... o,.. y r i ~1 .°®'°eo ceem~rx. ... a 8 it = •.m. -- 1 ii ---__--- • i ~ \ c...a •.wx~ t/ m~ ~ma0eca"~~ew~:umm"'a~C m it c ceme...,m. srr~y`• ~pp~ ~ :o '° ~S.° ~~m a ~®o_~o~p~. e 1f., __- ~~..~ '~..:T.~e ~• ~ y7 d• / ~ ~~~~ea~°~°w~wpe~~ a ewcK ~ 4 _~ ~o.rne .wro. 2 tsmm ia{ ~ ~~ C it ~ _~Kr~T i BLOCK `7`r • C_/ i ,~11i s • cswrq+~rrrw ~~~~ ---- / -- A 'a.rti.rW.aarO 'O~°Or . ;..~` M ~ rVtM [r ~~+4 ~IlTlR YG lW 4L•!• SM[[T r O. y O WOp ,. ~\ - ~ . ~- ' ' ~ . - ~.: a Riee . Excavation . 2751 Nova Lane _ Meridian, ID 83642 ' . I G~a.s ~aPra iW9 • CmAS~uG+~~I ~.~. _. .. ~ .. •~ 0829 . ce(i - ~~,.ogto Phone: 8.88-9414 } DATE ITEM BALANCE ._ _. _ ~h3~r'~/ qv ,f''u'X f~v ' ~~'~ if ll/ , RL~'~'~ ,7 ~~~! if-r, ' ~j~lon ~t`YWGi+rr ~Df~ GVYN ~' P~~Jwq ~KG'~b!'ly ~i~ . slave . ~~sE~~~~ s~'vu~~-c ~ ~ ~ ~ %'" • N.av~~ , ~~ . • ~ ~~d I Viz' d~ a~~ttP~ ~ pl!c ~~d 2 • - • I S~kL~ii/G j -~ okT' ~ie~ O t- i~'Mf'~° . 0A ~m~a'~'{~ 211 ~ ~7Jr`~ ~~ • rray~.,~ ~ bui t~- ~reco:S~ s~-''uc#ra~ • ~~i :r ~~di ~Ip,e EnS~d t I _ ~ I . • P_ _ UE ACCQUNTS WILL BECVARGID J846 PER ANTJUM PAYLASTAMOUNI' i i i r 4 i ,1 t i ,. B„ EXh l b~+ J. J. Howard Engineering 1530 E. Commercial Ave. Suite 1U9 Meridian ID 83642. Invoice Date Invoice I i/9nooa -- - --- ~sls J Bilf To YJalt Marrow P.O.13ox 770 Meridian ID 83680 Project JOB NUMBER Cemtonc ' Date Description Qty Rate 9/27/200G Design =Irrigation revision per client 4 GS,OU 9/2920UG Surveyor, P.L:S. 1.5 7s.00 10/t0/2tI~G Design-(rogation 3 65.00 10/11/2Qt)G Dcsign -Irrigation 3 6s.00 ~~ ~~~ r- Total Amount 2GU.OU FI~.s0 19i.0U f 95.00 .; . _- _1 _ $762.50 Payments/Credits ,. $tl.oo .:Balance Due $7G2.sa i ... . Phone # ~08.84G-8937 • E~d'tibit °C° MOU for Reimbursement of Construction of fmgation Facilities By DMHR Development, LLC At Lot 2, Block 7 of Gemtone Subdivision #5 Cost (J.J. Howard Engineering) $762.50 7, • May 4, 2007 • MERIDIAN CITY COUNCIL MEETING May 8, 2007 APPLICANT Nampa 8~ Meridian Irrigation District ITEM NO. 6-I REQUEST License Agreement fora 10 inch Water Main Under the Nine Mile Drain Taylor Subdivision 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: E l d' COMMENTS See Attached Memo /Agreement m~`°~' Date: Phone: male Rican innicais: Materials presented at public meetings shall become property of the City of Meridian. i •. City of Nleii~~ian Public works ®ept. Memo • .~ MAY 0 2 2007 City Of.Ii~leridian City Clerk Office To: Will Berg; Tara Green From: Brent Blake, Inspector 1 CCe File, Keith Watts :Datee 511 /07 Re: Proposed Agenda Iterri for May 8, 2007 City Council Meeting The Public Works Department respectfully requests-the following item tie~placed on the May 8, "2007 City Councl agenda, underConsent Agenda, for Counal's consideration; " 'Recommended Council Action: The Public Works Deparment recommends . that City Council approves the License Agreement with Nampa S Meridian Irrigation District fora 10-inch water main under the Nine Mile Drain and authorizesthe Mayor to sign. rt and have it notarized: Thank you for your consideration. Please contact me if you have any .questions regarding this item. ~ ` a o Page 1 • A'DA COUNTY RECORDER J. D~NAVARRO AMOUNT .00 11 BOISE IDAHO 01/13/01 02:51 DEPUTY Vicki Allen III I~~~~~~~~~~~~~~~~~~'~~~~~~~~~~~~ ~~~ RECORDED-REQUEST OF 10099625 City of Meridian LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this ~ day of , 2007, by and among NAIvIPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district rganized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Idaho, 1Vleridian, Idaho 83642 party or parties of the second part, hereinafter collectively referred to as the "Licensee", WITIVESSETH: WHEREAS, Licensee is the owner of real property/right-of-way for a water line (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District owns the irrigation ditch or canal known as NINE A4ILE DRAIN (hereinafter collectively referred to as "ditch or canal"), an integral part of the District's irrigation works and system, together with the easement therefor to convey irrigation and drainage water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and, WHEREAS, said ditch or canal and easement crosses and intersects Licensee's real property as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity, or approve existing construction or activity, affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, it is necessary that the District protect ditches and its right of way along its ditches; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: 1. The Licensee shall have the right to modify the said ditch. or canal or encroach upon the District's easement along said ditch or canal in the manner generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of License," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be perrrutted or allowed to modify the ditch or canal or encroach upon the District's easement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. • 2. This agreement pertains only to the Licensee's modification of said ditch or canal or encroachment to the District's easement for the purposes and in the rnanner described herein. The Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter the ditch or canal in any manner not described in this agreement without first obtaining the written permission of the District. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation water in the ditch or canal or the delivery of irrigation water by the District; c. an increase in seepage or any other increase in the loss of water from the ditch or canal; d. the subsidence of soil within or adjacent to the easement; e. any other damage to the District's easement and irrigation works. 5. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 6. Licensee agrees that the work performed and the materials used in such construction shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 7. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which does not comply with the terms of this agreement, ,and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. if the Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give. such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kirid by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made LICENSE AGREEMENT -Page 2 • .against the. District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence of the District. 8. Neither the terms of this agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or 'is subject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee .shall indemnify, hold harmless and defend the District from all costs and. liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. 9. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury,. damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or natuie whatsoever which the Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance or repair under this or any other paragraph of this agreement. 11. Licensee sha l place no structures, pathways or landscaping of any kind above or within the District's easement area except as referred to in this agreement or exhibits hereto without the prior written consent of the District. Nor shall Licensee permit, authorize or grant any other person or entity to excavate, discharge, construct or place any structures, pathways or landscaping within the District easement without the prior written consent of the District. 12. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 13. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract. shall be at all times construed according to such principles. LICENSE AGREEMENT -Page 3 • 14. Nothing herein contained shall be construed to impair the right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation and drainage water. 15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this agreement, the license cf the Licensee under the terms hereof may be terminated by the District, and a:ny facility, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. Licensee also agrees to pay any fees incurred in connection with the recording of this Agreement. 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District.. 18. This agreement is not intended for the benefit of any third party and is not enforceable by any third party. 19. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in full force and effect. 20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall.be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. _ ~~~ _ ~Q" "'S/~ NAMPA & MERIDIAN IRRIGATION DISTRICT OFFICIAL. ~ - ~~~.~ ~ By O~ ~~` Tts Presiden ATTEST: bN ~7 Its Secretary LICENSE AGREEMENT -Page 4 CITY OF MERIDIAN ``ssssssurBy,f~ ATTEST: ~ ,~~•~`,~.~, ~ ~ sPf~ ~N1 ~, ~ ~ ~~ ~ ~ ~ ~~' ,, ~ i~~' ~ O t - ~~~ _ ~~ STATE OF IDAHO ) %~ °~® ~~'? t~~ . ~ ~,~~ ,.~ ~e ~ SS: ~~i~ ~~ ~ z~y \ti~ County of Canyon ) ~~'%~ ~l~t-~~,' ' ~~~~ ~~~'(rtiSiftsti;\~\ On this ~ day of , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared enry Weick and Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS' WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first ahnve wr;rren STATE OF IDAHO County of Ada ,~sarsneeeeee~0 ~e~~eC1lJ A N ' `~!Q ,~~o ,tee O •~~~~~~~m~~• O s~ • _.~ • ) ~ ~ AUBLIG ~S On this ~ day of public in and for said state, personally appe me to be the ~,y1 ce,;,~~Y and the political subdivision and municipality tt that such entity executed the same. Notary Public for Idaho Residing at ,Idaho My Commission Expires: /Z 2007, before me, the undersigned, a notary l,cL~iC~~~~ and l-C~;l,(,*c~u (; ~ ~ P ~, known to ,respectively, of the CITY F MERIDIAN, the foregoing instrument, and acknowledged to me IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. • ,. 0 0 _e:~ ~ j ~®srec LICENSE AGREEMENT -Page 5 Notary Public for ~,~(p,~ Residing at '~'J ~cl My Commission Expires: /p-, ,~~ .~ ~ i • ~xIT A ~VA'~'ERI~INE ~ASE1~N'T DESC~TI®N An easement for waterliine p\,uposes located in the SE '/ of Section 12, Township 3 North, Range 1 West, Boise Meridian, and being a portion of Lot 16, 19, 20, 23 and 24 of TAYZOR SUBDNISION as shown in Book 11 of Plats at Page 637, in the office of the Recorder, Ada County, Idaho, more particularly described as follows.: Commencing at a 1/i inch diameter iron pin marking the southeasterly corner of said Lot 16; Thence N 0°41' 13" E along the easterly boundary of said Lot 16 a distance of 553.19 feet +., tho AllT1~TT (1R RRr1T`TT~T~T!':• ~V W.V 1 V11 1 Vl LLV11 1\ V, Thence continuing N 0°41'1..3" E a distance of 2.25 feet to a point on the southerly right- of-way of Bower Street; Thence lea~~ing said easterly boundar-y N 89°06'v4" ~Td along the said southerly right-o \,~vay a distance of 46.97 feet to a point; Thence leaving said southerly right-of--way N 1°29'04" W a distance of 17.14 feet to a point; Thence N 89°50'52" W a distance of 176.86 feet to a point; i pence S 4 i ° i i' i 6" ~ti a distance of 87.55 feet to a point; Thence N 87°57'34" W a distance of 264.79 feet to a point; . T hence N »°4 i'24" W a distance of 342.69 feet to a point; _ Thence S 34° 18'36" W a distance of 20.00_ feet to a point;_ Thence S 55°41'24" E a distance of 348.48 feet to a point; Thence S 87°57'34" E a distance of 52.70 feet to a point; Thence S 2°02'26" W a distance of 6.78 feet to a point; Thence S 87°57'34" E a distance of 20.00 feet to a point; Thence N 2°02'26" E a distance of 6.78 feet to a point; Thence S 87°57'34" E a distance of 192.95 feet to a point; ~xni;oi~ A, pages 1 • i Easement Description Page 2 Thence S 0° 10'22" t~ a distance of 18.90 feet to a point; Thence S 89°49'38" E a distance of 20.00 feet to a point; Thence N 0°10'22" E a distance of 24.84 feet to a point; Thence N 41 ° 11' 16" E a distance of 79.46 feet to a point; Thence S 89°50'52" E a distance of 215.19 feet to the POINT' QF BEGINNING. Thais easeu ent .r,..^n...ta'~ n.42 2(;'re ?.^d :S S'w}'je~t ±n awn j' Pa~em PntS eX.B~..~Q nr in tiSP, b " Prepared by: Brandon Johnson, PLS Civil Survey Consultants, Incorporated ~pNP'1" S March 22, 2007 ~ ~~ ~~~sjfE ~ .p ~~ 3 ~~7 e.Q~~p~ipP~ p~ \Y SON JON ~,xhibit Ao page 2 rl ° , n h' ^~ Q I o2 ~~ tit „~ ~V q ~ k , I ~ ~ ~ 02 W ~ am f q o , 6[ fSS 3 _F[, [Y.0 K ~ W h h Q W 3 b h O O W ~ ly r h h mh W O !~1 ~ (j ~ nh ~~ r O ~h• n p` O oti ~ 0q ei .. 2 .O P W W ~ 2 V ~ 4 '^ 3 ~ Q ~ ~ V o ~ off °' o ~ ~ ~ ~ n~ „ ' h W ~ ~ O O w - ~ , ~ ~ ~ ~ a ~. ~O , Q Q 1 ~ O ~ ~ ~ e b0 h h ~ ~ ~ , W ti~„S,~ ` ~ WQ ~ ~ Oj ~ 2 ~ q~ ~ ~ W ~ V ~ ~~ ~ ~ O ~ 2 ~ ry W ~ ~ O v..q O' . ,, ~i ~ Q b'W ~~~ ~ e 9 tea o ~~ h ~~ h~y ~ ~ ` ti W Q ~ ~ ~ _ b . RO h ~ h }pti' r ~ ti ~ O ~ , ~~ ~ ' N O ~ h k p ~ h 5 . A~ ~ ~ 5 !h _ .. _ti..._.._... . 6~ Q __. w.. . --- -------- ------ - N O '~ O ~ `ti h ~ ti W v ~. ~ o n ~ ~ i , j ~ 3 ~ O C ~ ~ ~ ab h• rya ~ n 4 ~ ~ j p41 0 = ~ Q Z ~ h Q j = 2 ~' ~ W ~ 2 = a ti0 1-a~- ~ O O O J J J ~~ ^'~ ~~ 2 ~ J ^~ X02 2h W O 2` W Cm 0 ^ ~ ~ ~ o . ;~ ~Xhi~i~ A, page 3 i ,. a 30--. ~e~ ~-,. Paz ": •~~. 2,a^F'°'• _;~aM~-~..~`~' ~, -- - - - 06Q '.~ 8~.,~°~ a ,~ AS',yi~. •~45. _ I k''~1 T -. 'YJ' e o Q.a ~.. I, ee ,a, a ;... - _ . _ ~ ' a~ e. ~® ~ ~ e `r a . . (, ~3 0 `~ a a ~ o - ~ r~ a °Fy aago ,~ ,~'~ Q ~ maa ea ~ t hY'~ ~ Q ~ A.A` ~ .~ d Q ~o 00 aQ U 'R~ .4. e ' A o .' o b ~~Y_: Q gg4 ~ ° a o~"~ ° ~ ~ _ ~r '~ ~ ~ ~ - ~ ~ ~ . ~~~ r, ~e g a t ~ --a ~~ti,;?„~ a, a a ~ as ~ a ~ ~ g _ - ., a a ., a ate'" ,..~ - . , a 5 - ~~ ~' ~ ~~ ¢ ~'~p¢$~`a~ ~` ,~,, ,~ ~~ ''.'., ¢.. }~ .~,: q e~~ ~ `'.:~~ ~tl x~ k k et A l~ e'~~q~oa o ~~4 a ups] ® `ep r 's't~ -~ 9.. 9'a m ,~ ~;.«~~ Jf ~~ ~ t2 ~~~e9eu d,~ ~ W`,dl ~:~ ~ TI nl SV"' \, d '4a'g.. ' a 6 ~~ t ~ ~ ,per a E 3 ' ~yl ~, ,. a .~ a p1 ~' iMi m s _ ~~ t~ ~ e {2 ~ ~;i :t r F day /y B tp _ hG.4.~` S y ~-~' ' ~~ ~. i(' rY,'>• .R '~ ~ ~ e~~ .9 @~~ ' g 9 yy_ _ <~ ~'~ ` ~L a _ x ~.. ~.. L a "'~ s ° .. { - `: 3 x~~.,', ~ : =T j ~ ~ f, e SSDz. ~, ,~.': Exhibit B EXHIBIT C Purpose of License The purpose of this License Agreement is to permit and approve Licensee to: construct, install, maintain and repair a water line across and under the Nine Mile Drain and within the District's easement, all within Licensee's right-of-way, located northwest of the intersection of Meridian Road and Franklin Road in Meridian, Ada County, Idaho. No other construction or activity is permitted within or affecting the Nine Mile Drain or the District's easement. EXHIBIT D Special Conditions a. The construction described in Exhibit C shall be in performed in accordance with certain plans consisting of one sheet: sheet 1 entitled "Plum Creek Project, Water Main Installation, City of Meridian," bearing engineer's stamp dated November 2, 2006. These plans have been delivered to the District's water superintendent, are in his possession in his offices, and are hereby incorporated by this reference. The construction of said water line was completed in January of 2007. b. The Licensee recognizes and acknowledges that the license granted in this agreement by the District pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this agreement shall be of no force and effect. c. Licensee represents that Licensee has complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmental matters, and specifically those relating to pollution control and water quality, as may be applicable under the subject matter, terms or performance of this agreement broadly construed. Licensee recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in the future. By executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting from the discharge or other activity by Licensee which is the subject of this agreement. d. Licensee hereby indemnifies, holds harmless and shall defend the District from any and all penalties, sanctions, directives, claims. or any action taken or requirement imposed by any party or entity, public or private, with respect to environmental matters relating to the subject matter, terms or performance of this agreement unless the District shall be solely responsible for the condition or activity which gives rise to any such penalty, sanction, directive, claim ,action or requirement. LICENSE AGREEMENT -Page 6 .~ • s e. In the event the District is required by any governmental authority to acquire or comply with any perrrut or other operational requirements associated with Licensee's discharge and other activity which is the subject of this agreement, Licensee shall indemnify, hold harmless and defend the District form all costs and liabilities associated with such permit and other requirements, including but not limited to all costs associated with all permit acquisition, construction, monitoring, treatment, administrative, filing and other requirements. f. The parties to this agreement recognize this license agreement is an accommodation to Licensee. The District by this agreement does not assume, create, or exercise legal or other authority, either express or implied, to regulate control, or prohibit the discharge or contribution of pollutants or contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. ~ Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. g. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, nor perform any construction or activity within the District's easement for the Nine Mile Drain except as referred to in this agreement or exhibits thereto without the prior written consent of the District. h. Licensee acknowledges and confirms that the District's easement for the Nine Mile Drain includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Nine Mile Drain, and to access the Nine Mile Drain for said purposes and is a minimum of 100 feet,, 50 feet to either side of the centerline. LICENSE AGREEMENT -Page 7 A May 4, 2007 MERIDIAN CITY COUNCIL MEETING May 8, 2007 APPLICANT ITEM NO. ~ ~j REQUEST Public Hearing: Proposed Issuance by the Colorado Educational and Cultural Facilities Authority of its Adjustable Rate Demand Revenue Bonds, Series 2007 for Cole Valley Christian Schools Project 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 Attached Notice /Information ~u I~~w~.~-5 ~~ai ~° Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridian. • • NOTICE OF PUBLIC HEARING IN CONNECTION WITH THE ISSUANCE BY THE COLORADO EDUCATIONAL AND CULTURAL FACILITIES AUTHORITY OF ITS ADJUSTABLE RATE DEMAND REVENUE BONDS, SERIES 2007 (COLE VALLEY CHRISTL~N SCHOOLS PROJECT) IN THE AGGREGATE PRINCIPAL NOT TO EXCEED $5,600,000 PUBLIC NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Meridian, Idaho (the "City") at the City Council Chambers, 33 East Idaho Avenue, Meridian, Idaho 83642 on Tuesday, May 8, 2007, at or about 7:00 p.m. on the proposed issuance by the Colorado Educational and Cultural Facilities Authority (the "Colorado Issuer") of its Adjustable Rate Demand Revenue Bonds, Series 2007 (Cole Valley Christian Schools Project), in the aggregate principal amount not to exceed $5,600,000 (the "Bonds") for the purpose of providing fluids to (a) reimburse Cole Community Church, Inc., an Idaho nonprofit corporation ("Cole") for, and refinance certain existing indebtedness of Cole, the proceeds of which were used to finance, the costs of acquiring, constructing and equipping Cole's existing 46,000 square foot secondary facility containing classrooms, an auditorium, and offices and Cole's existing 24,646 square foot gymnasium with common areas connected to the main building (the "Facilities"), such Facilities located at 200 East Carlton Avenue, Meridian, Idaho 83642; (b) fund capitalized interest on the Bonds, if any; (c) fund any required debt service reserve fund; and (d) pay certain costs of issuance of the Bonds, including initial costs of any credit enhancement. The Facilities will be owned and operated by Cole. The proceeds of the Bonds will be loaned by the Colorado Issuer to ACSI Capital Corporation which will in turn loan the proceeds to CV Schools, LLC, an Idaho limited liability company the sole member of which is Cole. The City of Meridian, Idaho will not status of the Bonds, the debt service on the Bonds. bear any responsibility for the tax-exempt Bonds or any other matter related to the Interested persons wishing to express their views on the issuance of the Bonds by the Colorado Issuer or on the nature or location of the Facilities proposed to be financed or refinanced may attend the public hearing or, prior to the time of the hearing, submit written comments to the office of the City Clerk of the City of Meridian, Idaho at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho 83642. CITY OF MERIDIAN, IDAHO By: William G. Berg, Jr., Publish April 23, 2007 la,~ylEt1ltltP(!J/J! ~-= r-Pr-, :a Clerk ~~,~:3';~.i3.~ _- ~ ~' `, JJJJJrrrrnl r;~tt~~~~~ NOTICE OF PUBLIC HEARING IN CONNECTION WITH THE ISSUANCE BY THE COLORADO EDUCATIONAL AND CULTURAL FACILITIES AUTHORITY OF ITS ADJUSTABLE RATE DEMAND REVENUE BONDS, SERIES 2007 (COLE VALLEY CHRISTIAN SCHOOLS PROJECT) IN THE AGGREGATE PRINCIPAL NOT TO EXCEED $5,600,000 PUBLIC NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Meridian, Idaho (the "City") at the City Council Chambers, 33 East Idaho Avenue, Meridian, Idaho 83642 on Tuesday, May 8, 2007, at or about 7:00 p.m. on the proposed issuance by the Colorado Educational and Cultural Facilities Authority (the "Colorado Issuer") of its Adjustable Rate Demand Revenue Bonds, Series 2007 (Cole Valley Christian Schools Project), in the aggregate principal amount not to exceed $5.,600;000 (the "Bonds") for the purpose of providing funds to (a) reimburse Cole Community Church, Inc., an Idaho nonprofit corporation ("Cole") for, and refinance certain existing indebtedness of Cole, the proceeds of which were used to finance, the costs of acquiring, constructing and equipping Cole's existing 46,000 square foot secondary facility containing classrooms, an auditorium, and offices and Cole's existing 24,646 square foot gymnasium with common areas connected to the main building (the "Facilities"), such Facilities located at 200 East Carlton Avenue, Meridian, Idaho 83642; (b) fund capitalized interest on the Bonds, if any; (c) fund any required debt service reserve fund; and (d) pay certain costs of issuance of the Bonds, including initial costs of any credit enhancement. The Facilities will be owned and operated by Cole. The proceeds of the Bonds will be loaned by the Colorado Issuer to ACSI Capital Corporation which will in turn loan the proceeds to CV Schools, LLC, an Idaho limited liability company the sole member of which is Cole. The City of Meridian, Idaho will not bear any responsibility for the tax-exempt status of the Bonds, the debt service on the Bonds or any other matter related to the Bonds. Interested persons wishing to express their views on the issuance of the Bonds by the Colorado Issuer or on the nature or location of the Facilities proposed to be financed or refinanced may attend the public hearing or, prior to the time of the hearing, submit written comments to the office of the City Clerk of the City of Meridian, Idaho at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho 83642. CITY OF MERIDIAN, IDAHO ~.~` Os ~ ~ Y:~ //., ,• e ~ C ~ " By. ~ - William G. Berg, Jr., ity Clerk ~ e ~av~ Publish Apri123, 2007 ",~ ~ ~G~~v ~. ~ `~~~ .~ ;;' • COLORADO EDUCATIONAL AND CULTURAI, FACILITIES AUTHORITY ADJUSTABLE RATE DEMAND REVENUE BONDS, SERIES 2007 (COLE VALLEY CHRISTIAN SCHOOLS PROJECT) Pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended, including any applicable United States Treasury temporary regulations, the undersigned, the Mayor of the City of Meridian, Idaho (the "Executive", and the "applicable elected representative" within the meaning of said Section 147(f)), hereby approves the captioned bonds to be issued by the Colorado Educational and Cultural Facilities Authority in an aggregate principal amount not to exceed $5,600,000 (the "Bonds"), the proceeds of which will be used by CV Schools, LLC, an Idaho limited liability company the sole member of which is Cole Community Church, Inc. {"Cole"), to: (a) reimburse Cole for, and refinance certain existing indebtedness of Cole, the proceeds of which were used to finance, the costs of acquiring, constructing and equipping Cole's existing 46,000 square foot secondary facility containing classrooms, an auditorium, and offices and Cole's existing 24,646 square foot gymnasium with common areas connected to the main building (the "Facilities"), such Facilities located at 200 E. Carlton Road, Meridian, Idaho 83642; (b) fund capitalized interest on the Bonds, if any; (c) fund any required debt service reserve fund; and (d) pay certain costs of issuance of the Bonds, including initial costs of any credit enhancement. This approval (i) is given following a public hearing held by the City Council of the City of Meridian, Idaho at the City Council Chambers, 33 East Idaho Avenue, Meridian, Idaho 83642 on Tuesday, May 8, 2007 at or about 7:00 p.m., following reasonable public notice published in advance of such hearing, (ii) is solely for the purpose of satisfying said Section 147(f) and any United States Treasury Regulations, (iii) is final and conclusive for such purpose, (iv) is given as of May 8, 2007. The City of Meridian, Idaho will not bear any responsibility for the tax-exempt status of the Bonds, the debt service on the Bonds or any other matter related to the Bonds. CITY OF MERIDIAN, IDAHO Dated: J~~ ~ ' ~ ~ By: Ta y Weerd, Mayor • COLORADO EDUCATIONAL AND CULTURAL FACILITIES AUTHORITY ADJUSTABLE RATE DEMAND REVENUE BONDS, SERIES 2007 (COLE VALLEY CHRISTIAN SCHOOLS PROJECT) CERTIFICATE OF PUBLIC HEARING The undersigned, the City Clerk of the City of Meridian, Idaho, hereby certifies, that: A public hearing was held on Tuesday, May 8, 2007 at 7:00 p.m. before the City Council of the City of Meridian, City Council Chambers, 33 East Idaho Avenue, Meridian, Idaho 83642, in accordance with the public notice published in Valle Times and the hearing was conducted in a manner which provided a reasonable opportunity for persons with differing views on the issuance of the above-referenced bonds (the "Bonds"). There was no comment from the public at the healing regarding the Bonds and there was no written comment received regarding the Bonds prior to the hearing. \\\\\\`'1i,,~~~111111111!!///ops<B'i ~~ CITY OF MERIDIAN, IDAI~ ~ <~~~G~ Aid ~°~e, Dated: ~ ~'0 7 By: = ~~~ William G. Berg, Jr., Ci Cl" ~~~ ;, ,,, ~' ~, ,• ~_ ,a • CITY Of MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE May 8, 2007 ITEM # 9 PROJECT NUMBER Adjustable Rate Demand Revenue Bonds PROJECT NAME Cole Valley Chris#ian Schools PLEASE PRINT NAME FOR AGAINST NEUTRAL MAY ° ~ 2007 City of Men an City Clerk pace • May 4, 2007 • MERIDIAN CITY COUNCIL MEETING May 8, 2007 c~ APPLICANT ITEM NO. ~" i REQUEST Public Hearing: Pawnbrokers Ordinance License Fee: Ordinance Amending Title 3, Chapter 5, of the Meridian City Code Regarding: License Fee; Section Numbering; and Providing for a Waiver of the Reading of RULES; and Providing an Effectvie Date 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 Notice /Ordinance odor` ~~W ~,dm,~' ~~~ Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN ORDINANCE NO. _~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNT ~ , WARDLE `-~ AN ORDINANCE AMENDING TITLE 3, CHAPTER 5, OF THE MERIDIAN CITY CODE REGARDING: LICENSE FEE; SECTION NUMBERING; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pawnshops are often the unwitting recipients of stolen personal property, which results in loss of revenue to pawnshops, furtherance of criminal activity, and complication of the investigation of personal property theft and return of stolen property to its rightful owner; WHEREAS, the Meridian Police Department desires to work with pawnshop owners to create an online database of property received by pawnshops and thereby enhance the ability of both the Police Department and pawnshop owners to identify stolen property; WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to regulate pawnshops within the City of Meridian; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 3, Chapter 5, of the Meridian City Code is amended to read as follows: 3-5-4: LICENSE FEE: The. City Clerk shall collect, before the issuance of any license or renewal thereof an annual license fee of one hundred dollars ($100.00 3-5-45: INSPECTION OF PREMISES: Upon request of the Chief of Police or designee, the pawnbroker or anyone acting on behalf of the pawnbroker shall permit the inspection of the licensed pawnshop premises and all property kept or stored therein. Any such inspection shall occur during the pawnshop's regular and usual business hours. 3-5-~6: PAWNSHOP EMPLOYEES: A. No pawnbroker shall employ a minor to conduct regulated transactions as defined by this Chapter. PAWNBROKER ORDINANCE AMENDMENT FOR FEE Page 1 of 6 • B. No pawnbroker shall employ a person to conduct regulated transactions who has had a previous business license of any type denied, revoked, or suspended by the City or any other state or local agency within the five (5) years prior to employment. C. No pawnbroker shall employ a person who has been convicted of a felony or theft- related offense within the five (5) years prior to employment. D. The holder of any pawnbroker's license shall be responsible for the compliance with all the provisions of this Chapter by the agents and employees of the pawnbroker. Any violations by such persons may result in the revocation or denial of the pawnbroker's license. 3-5-67: SALES: No personal property purchased by a pawnbroker at his place of business shall be sold or removed from such place of business for a period of at least seven (7) days after being so purchased without written consent of the Chief of Police. Excluded from this restriction are transactions in gold and silver bullion or coins. 3-5-~8: FORFEITURES: Every pawnbroker shall allow a period of thirty (30) days for a pledgor to repay the loan before the property pledged shall become forfeitable. Upon payment by the pledgor of the service charge incurred in connection with the loan for the first thirty (30) days, the pawnbroker shall automatically extend the loan repayment period another thirty (30) days. 3-5-89: HOURS OF OPERATION: Legal hours for "pawnbrokers", as herein defined, maybe between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. each day, unless special permission is obtained from the Chief of Police. 3-5-910: RECORDS: A. All records described in this Chapter shall be electronically entered and stored in addition to paper records. B. Every transaction shall be memorialized in writing and signed by the person with whom the transaction is made. All parties to the transaction are entitled to receive a copy of this written record. The written record of every regulated transaction shall include the following information: 1. Name, address, telephone number, and store number of the pawnshop in which the transaction took place; 2. the name of the employee conducting the transaction; 3. Nature and date of the transaction and an identification number for the transaction; 4. Complete description of the property purchased, pledged, traded or co-signed including, as applicable: brand name, make, model, serial number, color, size, and any identifying marks. Additionally: PAWNBROKER ORDINANCE AMENDMENT FOR FEE Page 2 of 6 • a. jewelry shall be described with, as applicable, the type, weight, color, number and description of stones, style, size or length, any engraving, and whether it is considered a man's, woman's, or child's piece; b. Vehicles shall be described with, as applicable, the vehicle identification number (VIN), make, model and color; c. Firearms shall be described with, as applicable, the make, brand, model number, serial number, caliber, type, barrel length, finish; 5. Full name, complete current residential address, current phone number, date of birth, race, sex, height, weight, hair and eye color of the person or persons with whom the transaction is made; 6. Type, including state or governmental agency of issue, and identifying number of the personal photo identification used by the person with whom the transaction is made; 7. The term of the loan or repurchase period, and the date on which the loan is due and payable or the repurchase option expires. C. Production of Records: Upon request of the Chief of Police or designee, the pawnbroker or anyone acting on behalf of the pawnbroker shall produce any records required to be kept pursuant to this Chapter and shall permit the Chief of Police or designee to examine them. Any such inspection shall occur during the pawnshop's regular and usual business hours. D. Retention of Records: 1. It shall be the duty of every pawnbroker to maintain in his place of business a permanent record of the complete description of all regulated transactions and of all parties entering into regulated transactions. This record shall include all voided and deleted transactions. 2. All records described in this Chapter shall be electronically stored in addition to paper records. 3. All records described in this Chapter shall be retained by the pawnbroker at the licensed pawnshop for a minimum of one (1) year; except that records pertaining to firearms transactions shall be kept for a minirnurn of twenty (20) years pursuant to federal regulations. E. Transmission of Records: The pawnshop's electronic record of a regulated transaction shall be transmitted by noon the next business day to the designated Internet online service approved by the Meridian Police Department, in a method and fashion approved by the Chief of Police or designee. 3-5-All: NOTICE FROM POLICE DEPARTMENT: Whenever the Chief of Police or any member of the Police Department shall notify any pawnbroker in writing not to sell any property deposited or purchased by him or permit the same to be redeemed, such property shall not be sold or permitted to be redeemed for a period of sixty (60) days from the date of such notice, but such notice may be renewed by written request for an additional sixty (60) day period or periods. Further, a notice may be terminated at any time in writing by the Chief of Police. 3-5-~1~12: STOLEN PROPERTY; RETURN TO TRUE OWNER: PAWNBROKER ORDINANCE AMENDMENT FOR FEE Page 3 of 6 • • A. Return Of Stolen Property: Any article pledged or sold to a pawnbroker which is subsequently determined by a law enforcement agency to have been stolen shall be transferred to the custody of such agency upon the agency's written request, or, at the direction of the agency, shall be returned by the pawnbroker to the true owner. The true owner shall not be liable to the pawnbroker for any amounts expended by the pawnbroker with respect to an article deemed stolen. The pawnbroker shall not be .required to return stolen property to the true owner until: 1. He.receives written notice from the law enforcement agency authorizing the release of the property to the true owner and specifying the name, address and social security number of the true owner; 2. The true owner, in person, requests the return of the property, executes a receipt therefor, and presents proper identification showing his name, address, social security number and signature. 3. If a disagreement exists concerning the ownership of property, the item shall be held by the Police Department for thirty (30) days in order to allow the pawnbroker to seek judicial determination of ownership. If such action is not filed within thirty (30) days, the item will be returned by the Meridian Police Department to the recorded owner. B. Documentation By Pawnbroker: Upon the return of stolen property to the true owner either by the pawnbroker or law enforcement agency, the pawnbroker shall complete such documentation as may be necessary or required to effect the transfer of the property, including such documents pertaining to the registration of firearms as may be required by local, State or Federal authorities. Upon return of an item of property to a true owner, said owner shall agree in writing to pursue a course of criminal prosecution which could result in restitution for any victimized party. 3-5-I313: PROI3IBITED ACTS BY PAWNBROKERS: The following acts by a pawnbroker or any person acting on behalf of the pawnbroker, including the employees and agents of a pawnbroker, shall constitute a violation of this Chapter: A. Failure to make a record of any transaction as described in this Chapter. B. Falsifying any official record or entry on an official record required to be kept pursuant to this Chapter. C. Obliterating, destroying, or removing from the place of business any records required to be kept pursuant to this Chapter. D. Refusing to allow the Chief of Police or designee to inspect the business premises, or any books, records or other goods located or required to be located at the place of business, during regular and usual business hours. E. Transmittal of any false record to the police. F. Failure to report the possession of property that may be lost or stolen. G. Removal of or allowing removal of property from the business premises within seven (7) days after the receipt of said property. Excluded from this restriction are transactions in gold and silver bullion or coins. H. Entering into a regulated transaction in which the property at interest is such property that is manufactured or produced with a serial or identification number, and the said PAWNBROKER ORDINANCE AMENDMENT FOR FEE Page 4 of 6 C~ J number has been removed, altered or rendered unreadable, unless such removal, alteration, or rendering unreadable occurred as the result of normal wear and tear. I. Entering into a regulated transaction with a minor or incompetent person. J. Entering into a regulated transaction with a person under the influence of drugs or alcohol. K. Entering into a regulated transaction with a known thief or receiver of stolen property, or known associates of such, whether the person is acting on their own behalf or as the agent of another. L. Entering into a regulated transaction with a person without requiring production of photo identification issued to that person by a governmental agency. M. Employment of a person not meeting the qualifications of this Chapter. N. Any other violation of the specific provisions of this Chapter not specifically enumerated above. 3-5-1314: PROHIBITED ACTS BY PAWNSHOP PATRONS: A. It shall be a violation for any person to furnish false information to a pawnbroker if the provided information is required to be recorded pursuant to this Chapter. B. It shall be a violation for any person to pledge or sell any property to a pawnbroker or the pawnbroker's employees or agents, knowing the property is stolen. C. It shall be a violation for any person to pledge or sell any property to a pawnbroker or the pawnbroker's employees or agents, knowing the property is leased or let to him or another by any instrument in writing under a contract of purchase which is not yet fulfilled. 3-5-415: EXEMPT TRANSACTIONS: The provisions of this Chapter shall not apply to: A. Auto title loans. B, Payday loans. 3-5-1316: PENALTY: In addition to other penalties specified in this Chapter, any person violating any provision of this Chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than three hundred dollars ($300.00) or imprisonment in the county jail for not more than ninety (90) days or by both such fine and imprisonment. 3-5-17: SEVERABILITY: If any provision or section of this Ordinance shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or sections of this Ordinance, which shall remain in full force and effect. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. PAWNBROKER ORDINANCE AMENDMENT FOR FEE Page 5 of 6 • Section 3. That pursuant to the affirmative vote of one-half (1 /2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect on 2007. PASSED by the City Council of the City of Meridian, Idaho, this day of , 2007. APPROVED by the Mayor of the City of Meridian, Idaho, this day of , 2007. APPROVED: MAYOR ATTEST: CITY CLERK PAWNBROKER ORDINANCE AMENDMENT FOR FEE Page 6 of 6 • NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO.07- PROVIDING FOR AN AMENDMENT MERIDIAN CITY PAWNSHOP ORDINANCE FOR LICENSE FEE An Ordinance of the City of Meridian amending Title 3, Chapter 5, of the Meridian City Code. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective upon passage and publication. Mayor and City Council of the City of Meridian By: William G. Berg, Jr., City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading:. Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 07- The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 07- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of _, 2007. William. L.M. Nary, City Attorney PAWNBROKER ORDINANCE AMENDMENT FOR LICENSE FEE Page 1 of 1 • ..~~" y ;;~~ ~~ ~~'' ciTV of R!eV~l.;,.c ~ - ~~~~V~ ~Y1G~1G~"17 - y ~'~ IDAHO ti.. ~~t ~~ir"/ik'1'ittnsc!Hr V,va~Y SINCE 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 888-6854 Police 1401 E. Watertower Lane 888-6678 /fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N.W. 8th Street 888-5242 /fax 884-1159 Apri123, 2007 Meridian Coin & Pawn 1550 N. Main Street Meridian, Idaho 83642 Benny's Pawn 451 N. Main Street Meridian, Idaho 83642 RE: Pawnbrokers License Ordinance Amendment to Include Fees Dear Sirs, Enclosed please find a copy of the above referenced Ordinance and hearing notice. Please note that the amendment would specifically address license fees that were omitted in the previous ordinance amendment. Please feel free to contact our office if you have any concerns. Sincerely, ~/ , c~~2~~ ~~~~~~~ / ~ Sharon Smith Senior Deputy City Clerk City of Meridian CITY EIALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8] 19 Printed on recycled paper • CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ~AREMBA AN ORDINANCE AMENDING TITLE 3, CHAPTER 5, OF THE MERIDIAN CITY CODE REGARDING: LICENSE FEE; SECTION NUMBERING; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pawnshops are often the unwitting recipients of stolen personal property, which results in loss of revenue to pawnshops, furtherance of criminal activity, and complication of the investigation of personal property theft and return of stolen property to its rightful owner; WHEREAS, the Meridian Police Department desires to work with pawnshop owners to create an online database of property received by pawnshops and thereby enhance the ability of both the Police Department and pawnshop owners to identify stolen property; WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to regulate pawnshops within the City of Meridian; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 3, Chapter 5, of the Meridian City Code is amended to read as follows: 3-5-4: LICENSE FEE: The City Clerk shall collect, before the issuance of any license or renewal thereof an annual license fee of one hundred dollars ($100.00 3-5~5: INSPECTION OF PREMISES: Upon request of the Chief of Police or designee, the pawnbroker or anyone acting on behalf of the pawnbroker shall permit the inspection of the licensed pawnshop premises and all property kept or stored therein. Any such inspection shall occur during the pawnshop's regular and usual business hours. 3-536: PAWNSHOP EMPLOYEES: A. No pawnbroker shall employ a minor to conduct regulated transactions as defined by this Chapter. PAWNBROKER ORDINANCE AMENDMENT FOR FEE Page 1 of 6 • B. No pawnbroker shall employ a person to conduct regulated transactions who has had a previous business license of any type denied, revoked, or suspended by the City or any other state or local agency within the five (5) years prior to employment. C. No pawnbroker shall employ a person who has been convicted of a felony or theft- related offense within the five (5) years prior to employment. D. The holder of any pawnbroker's license shall be responsible for the compliance with. all the provisions of this Chapter by the agents and employees of the pawnbroker. Any violations by such persons may result in the revocation or denial of the pawnbroker's license. 3-5-67: SALES: No personal property purchased by a pawnbroker at his place of business shall be sold or removed from such place of business for a period of at least seven (7) days after being so purchased without written consent of the Chief of Police. Excluded from this restriction are transactions in gold and silver bullion or coins. 3-5-~8: FORFEITURES: Every pawnbroker shall allow a period of thirty (30) days for a pledgor to repay the loan before the property pledged shall become forfeitable. Upon payment by the pledgor of the service charge incurred in connection with the loan for the first thirty (30) days, the pawnbroker shall automatically extend the loan repayment period another thirty (30) days. 3-5-89: HOURS OF OPERATION: Legal hours for "pawnbrokers", as herein defined, may be between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. each day, unless special permission is obtained from the Chief of Police. 3-5-910: RECORDS: A. All records described in this Chapter shall be electronically entered and stored in addition to paper records. B. Every transaction shall be memorialized in writing and signed by the person with whom the transaction is made. All parties to the transaction are entitled to receive a copy of this written record. The written record of every regulated transaction shall include the following information: 1. Name, address, telephone number, and store number of the pawnshop in which the transaction took place; 2. the name of the employee conducting the transaction; 3. Nature and date of the transaction and an identification number for the transaction; 4. Complete description of the property purchased, pledged, traded or co-signed including, as applicable: brand name, make, model, serial number, color, size, and any identifying marks. Additionally: PAWNBROKER ORDINANCE AMENDMENT FOR FEE Page 2 of 6 • a. Jewelry shall be described with, as applicable, the type, weight, color, number and description of stones, style, size or length, any engraving, and whether it is considered a man's, woman's, or child's piece; b. Vehicles shall be described with, as applicable, the vehicle identification number (VIN), make, model and color; c. Firearms shall be described with, as applicable, the make, brand, model number, serial number, caliber, type, barrel length, finish; 5. Full name, complete current residential address, current phone number, date of birth, race, sex, height, weight, hair and eye color of the person or persons with whom the transaction is made; 6. Type, including state or governmental agency of issue, and identifying number of the personal photo identification used by the person with whom the transaction is made; 7. The term of the loan or repurchase period, and the date on which the loan is due and payable or the repurchase option expires. C. Production of Records: Upon request of the Chief of Police or designee, the pawnbroker or anyone acting on behalf of the pawnbroker shall produce any records required to be kept pursuant to this Chapter and shall permit the Chief of Police or designee to examine them. Any such inspection shall occur during the pawnshop's regular and usual business hours. D. Retention of Records: 1. It shall be the duty of every pawnbroker to maintain in his place of business a permanent record of the complete description of all regulated transactions and of all parties entering into regulated transactions. This record shall include all voided and deleted transactions. 2. All records described in this Chapter shall be electronically stored in addition to paper records. 3. All records described in this Chapter shall be retained by the pawnbroker at the licensed pawnshop for a minimum of one (1) year; except that records pertaining to firearms transactions shall be kept for a minimum of twenty (20) years pursuant to federal regulations. E. Transmission of Records: The pawnshop's electronic record of a regulated transaction shall be transmitted by noon the next business day to the designated Internet online service approved by the Meridian Police Department, in a method and fashion approved by the Chief of Police or designee. 3-5-1<All: NOTICE FROM POLICE DEPARTMENT: Whenever the Chief of Police or any member of the Police Department shall notify any pawnbroker in writing not to sell any property deposited or purchased by hire or permit the same to be redeemed, such property shall not be sold or permitted to be redeemed for a period of sixty (60) days from the date of such notice, but such notice maybe renewed by written request for an additional sixty (60) day period or periods. Further, a notice may be terminated at any time in writing by the Chief of Police. 3-5-112: STOLEN PROPERTY; RETURN TO TRUE OWNER: PAWNBROKER ORDINANCE AMENDMENT FOR FEE Page 3 of 6 A. Return of Stolen Property: Any article pledged or sold to a pawnbroker which is subsequently determined by a law enforcement agency to have been stolen shall be transferred to the custody of such agency upon the agency's written request, or, at the direction of the agency, shall be returned by the pawnbroker to the true owner. The true owner shall not be liable to the pawnbroker for any amounts expended by the pawnbroker with respect to an article deemed stolen. The pawnbroker shall not be required to return stolen property to the true owner until: 1. He receives written notice from the law enforcement agency authorizing the release of the property to the true owner and specifying the name, address and social security number of the true owner; 2. The true owner, in person, requests the return of the property, executes a receipt therefor, and presents proper identification showing his name, address, social security number and signature. 3. If a disagreement exists concerning the ownership of property, the item shall be held by the Police Department for thirty (30) days in order to allow the pawnbroker to seek judicial determination of ownership. If such action is not filed within thirty (30) days, the item will be returned by the Meridian Police Department to the recorded owner. B. Documentation By Pawnbroker: Upon the return of stolen property to the true owner either by the pawnbroker or law enforcement agency, the pawnbroker shall complete such documentation as may be necessary or required to effect the transfer of the property, including such documents pertaining to the registration of firearms as may be required by local, State or Federal authorities. Upon return of an item of property to a true owner, said owner shall agree in writing to pursue a course of criminal prosecution which could result in restitution for any victimized party. 3-5-313: PRO>ELIBITED ACTS BY PAWNBROKERS: The following acts by a pawnbroker or any person acting on behalf of the pawnbroker, including the employees and agents of a pawnbroker, shall constitute a violation of this Chapter: A. Failure to make a record of any transaction as described in this Chapter. B. Falsifying any official record or entry on an official record required to be kept pursuant to this Chapter. C. Obliterating, destroying, or removing from the place of business any records required to be kept pursuant to this Chapter. D. Refusing to allow the Chief of Police or designee to inspect the business premises, or any books, records or other goods located or required to be located at the place of business, during regular and usual business hours. E. Transmittal of any false record to the police. F. Failure to report the possession of property that maybe lost or stolen. G. Removal of or allowing removal of property from the business premises within seven (7) days after the receipt of said property. Excluded from this restriction are transactions in gold and silver bullion or coins. H. Entering into a regulated transaction in which the property at interest is such property that is manufactured or produced with a serial or identification number, and the said PAWNBROKER ORDINANCE AMENDMENT FOR FEE Page 4 of 6 • number has been removed, altered or rendered unreadable, unless such removal, alteration, or rendering unreadable occurred as the result of normal wear and tear. I. Entering into a regulated transaction with a minor or incompetent person. J. Entering into a regulated transaction with a person under the influence of drugs or alcohol. K. Entering into a regulated transaction with a known thief or receiver of stolen property, or known associates of such, whether the person is acting on their own behalf or as the agent of another. L. Entering into a regulated transaction with a person without requiring production of photo identification issued to that person by a governmental agency. M. Employment of a person not meeting the qualifications of this Chapter. N. Any other violation of the specific provisions of this Chapter not specifically enumerated above. 3-5-x-314: PROHIBITED ACTS BY PAWNSI30P PATRONS: A. It shall be a violation for any person to furnish false information to a pawnbroker if the provided information is required to be recorded pursuant to this Chapter. B. It shall be a violation for any person to pledge or sell any property to a pawnbroker or the pawnbroker's employees or agents, knowing the property is stolen. C. It shall be a violation for any person to pledge or sell any property to a pawnbroker or the pawnbroker's employees or agents, knowing the property is leased or let to him or another by any instrument in writing under a contract of purchase which is not yet fulfilled. 3-5-415: EXEMPT TRANSACTIONS: The provisions of this Chapter shall not apply to: A. Auto title loans. B. Payday loans. 3-5-516: PENALTY: In addition to other penalties specified in this Chapter, any person violating any provision of this Chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than three hundred dollars ($300.00) or imprisonment in the county jail for not more than ninety (90) days or by both such fine and imprisonment. 3-5-~b17: SEVERABILITY: If any provision or section of this Ordinance shall beheld to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or sections of this Ordinance, which shall remain in full force and effect. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. PAWNBROKER ORDINANCE AMENDMENT FOR FEE Page 5 of 6 • • Section 3. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect on June 1, 2007. PASSED by the City Council of the City of Meridian, Idaho, this day of , 2007. APPROVED by the Mayor of the City of Meridian, Idaho, this day of , 2007. APPROVED: MAYOR ATTEST: CITY CLERK PAWNBROKER ORDINANCE AMENDMENT FOR FEE Page 6 of 6 • • CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE May 8, 2007 ITEM # 10 PROJECT NUMBER Pawnbrokers Ordinance PROJECT NAME License Fee PLEASE PRINT NAME FOR AGAINST NEUTRAL RECEIVED MAY - ~ 2007 City of Meridian r;t~, Clerk Off ce • • May 4, 2007 AZ 06-048 MERIDIAN CITY COUNCIL MEETING May 8, 2007 APPLICANT Creamline Associates, LLC ITEM NO. 1 REQUEST Amended Ordinance No. 07-1292A: Annexation and Zoning of 32.75 acres from RUT to a GG zone (8.74 acres) and I-L zone (24.01 acres) for Cre®mline Park Subdivision - 1200 West Franklin Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT': CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAM'PA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: See Attached Amended Ordinance ~,ivutil~ J, V" I'mo' L W u ~~~ INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: All Zoning Maps & Legals Included for Review/Approval/Recording Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER ' DAVID NAVARRO AMOUNT .00 ! ~ BOISE IDAHO 05/21/07 0~ AM DEPUTY Vicki Allen III ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~ ~~~ RECORDED-REQUEST OF City of Meridian 1 @ r @7199 CITY OF MERIDIAN AMENDED ORDINANCE NO. 07-1292A BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN AMENDED ORDINANCE (AZ-06-048 CREAMLINE PARK SUBDIVISION) FOR ANNEXATION OF PROPERTY BEING A PORTION OF THE WEST '/Z OF THE SOUTHWEST 1/ OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A"AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO I-L (LIGHT INDUSTRIAL DISTRICT) AND C-G (GENERAL COMMERCIAL DISTRICT) IN THE MERIDL~N CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: CreamlineAssociates, LLC. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to I-L (Light Industrial District) and C-G (General Commercial District) in the Meridian City Code; and that the previously recorded Ordinance No. 07-1292 did not include the individual zoning maps or legal descriptions which are hereto attached. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. ANNEXATION OF AZ-06-048 CREAMLINE PARK SUBDIVISION Amended Ordinance No. 07-1292A Page 1 of 3 SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re- zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote ofone-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 8~ day of 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2007. MAYOR MY de WEERD ANNEXATION OF A~-06-048 CREAMLINE PARK SUBDIVISION Amended Ordinance 1Vo. 07-1292A Page 2 of 3 ATTES WILLIAM G. BERG, JR.,"CITY TATS OF IDAHO, ) ss. County of Ada ) ~`,~is~i~~itrtr~~~,~ ~~~~ ~R ~ _ On this ~~' day of , 2007, before rne, the undersigned, a Notary Public in and for said ate, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ~ ti~;~oTA,~~,~rf,•: . • e ~ ~ s • r ~ • a • `~ e ~ • ~~tS~~~ ~G.~ Q-~ •~,9 e~ OF~~•• NOTARY PUBLIC FOR IDAHO RESIDING AT: ~('~,~ I ~ ,~- MY COMMISSION EXPIRES: ~~~ ANNEXATION OF AZ-06-048 CREAMLINE PARK SUBDIVISION Amended Ordinance No. 07-1292A Page 3 of 3 Exhibit A Legal Descziption f DAH O 1450 East Watermwer SC SURVEY Sulte 150 Meridian, Idaho 83642 GROUP Phone (208) 846.8570 Faz (208) B84-S399 Project No. 06-210 July 26, 2006 Creatnline Park Subdivfsfon Annexation Description A parcel of land located in the West %a of the SWl/4 of Section 12, T.3N., R.1 W., B.M., Ada County, Idaho, more pazticulazly described as follows: Commencing at the Southwest comer of said Section 12, from which the yo comer common to Section l3 and the said Section 12 bears South 89°15'24" East, 265128 feet; Thence South 89°15'24" East, 353.08 feet to the REAL POINT OF BEGINNING. Thence North 00°43' 10" East, and along the East line of Heppers Acre Subdivision, as same is zecorded in Book 19 of Plats at Page 1298, records of Ada .County, Idaho, a distance of 1476.50 feet to the Northeast corner of said Subdivision lying on the South right-of--way of the Unioa Pacific Railroad; Thence along said right-of--way South 88°30'36" East, 968.13 feet; Thence departing saidright-of way South 00°32'36" West, 1463.89 feet to the West 1/I6 corner common to said Sections 12 and 13; Thence North 89° 15'24" West, 972.56 feet to the Point of Beginning. Containing 32.75 acres, more or less. Prepared By: Idaho Survev REViHW APPROVT~ $~. 4431 ~~,- D. Terry Peugh, PLS Professional Land Surveyors P~®fess®®nal hand Su--vey®s°s A parcel. of land located in the SW 1/4.of the SW 1/4 of Section 12, T.3N., R.1 W., B.M., Ada County, Idaho, more particularly described as follows:. Commencing at the Southwest corner of said Section 12, from which the.'/a comer common to Section 13 and the said Section 12 bears. South 89°15'24":East, 2651.28 feet; Thence South 89°15'24" ;East, 353.08 feet; Thence North 00°43' 10".East, 323.56 feet to the REAL POINT OF ]BEGINN](NG. ' . . Thence continuing North 00°43' 10"East, and along the East line of Heppers Acre , Subdivision, as same is recorded in Book 19 of Plats at Page 1298, records of Ada County, Idaho, a distance of 1152.94 feet to the Northeast corner of said Subdivision lying on the South right-of--way of the Union Pacific Railroad; Thence along saidright-of--way South 88°30'36" East, 968. LS feet; Thence departing said right-of.way South 00°32'36" West, 1055.78 feet; Thence South 89°57'55" West, 608.22 feet;, ` Thence 210.12 feet along the arc of a curve to the left, having a radius of 780.00 .feet, a central angle of 15°26'05'.', and a long chord bearing South 82°14'52" West, 209.49 feet; ~ . ~. Thence South 74°31'49" West, 162.38 feet to the Point of Beginning. Containing 24.01 acres, more or less. Prepared By: ' .Idaho Survey Group, P.C. RE EW A~ROVA . BY. :o puG 1.~ 2006 ~ .. . ~ ~..~ MERIDIAN p~BLIC ~ ~ ~ ~ WORKS DEPT. ~~, 7~ \~RY P~~~~ ;~ D. Terry Peugh, PLS Pr®fes~®®n~B hand Survey®rs ,68'£94 L ° ° ~ ° ° ° ° M.9£,Z£.OOS I I ' I I 1 1 I ' I I ~ ~ C~ _V ~ W ~ ~ Ja ~ [n a ~ aw I ~ '~ ~ 3 ~~ ~ z~ M ~~ ~ Q~ N ~~ I U! ~ O ~ m ~ ~ ~ Z Ofl 1 I ~ I 1 I I 1 ~ pZ I I ' Z ~ Z~ 1 a m ~ L°° °° ' 3.0 ~.£4.OON W ~ z ~~ ~/ ~ o in ~ I N~ ~ ~ Q ao ao ~ ~'M) A Opgo ~ /V~R N N ~~~ ~ V W Q ~- z H {~ ~~ ~_ ~ O ~ r E ~ ~ 8g C g ~~~& _ ~ ~ ~ ~,~ oo z r~ A, o W ~ ~ w W icy W~ ~ W d JQ N N 1~1~~y-~ C~ ~ W ° O V iA ~I s~1 ~ooG '~ Z JU' ~_n ~ Crl ~ I 0~ ~ z ~~ ~N ~~ W o °° I W --~ U ~ a o" ~'~ V ~ W p vi vS 0 CV ~ ~ .80'804 M.9£,Z£.OOS ~ a I I c=i a I I Z ( I ? o W I I W N 'n NI 1 ~,uf ^N U ~ ~ ~ I• O o m~ ~Z Z~I 1 ~ a s Lv = I 1 Q ~ ZN J U I U aY m 3 o~ a ~ ~- w ~ ~~ ~Qc I -- ~~1 ~} ~ ~ ~W~o I ~ ~~1 C~ ~ ~ ~ W Z U O ~g ~ I 1 I V~ I 0 ~N oZ 1 zo WW t~ Z ? V sd~ am 1 v '~ ~; I g ~e .9S'£Z£ 3.0~,£ti.00N W ~ N ~I z ° _ °~~ ~ ~ , c ~~ ~ ~ ~ ~~ C w ~ 0 0 ~~•~ ~ N N EWA C cs ~ LL ~ z z O w QI ~ ~ W Z ~ W N N ~'q ~ J iA ~ ~ W Z ~x ~ W o O Q ~ t~pl ._ ~~ ~ ~ Z~m W~~ Woo ~ iYi (ra ~ ~ ~ ~ ~ a ~ ww O J ~ V ~w O ~ d O ~ ~ N f . __ l .8L'SSOI M,9£,Z£ OOS I °~ v I I o a v a I I I 1 z B I W ~ ~ ~' ^m ~ ~ ~ J ~ o 1 t O 0 W I ~O J U I Q CO O V J~ C ^I ~ H . a1 ~ a p ar°, I W W~ I I a 'r' "~ z~ e Y t7S I ~~ 3 ~ ~ ~ ~ _~$ m ~~ n 1 ~ ~ V1 o z o N O? ~~ F- Z 1 I ~ j cv ; sd ~j o c~ d m U 1 ~ ~, 3,0 t.£4.OON .9S'£Z£ 3,O1.£4.OON z W ~ ~~ N~ 0 oQ ~ o 1n Ol w Irl O ` . ~ o o N N ~ a ~ ~$~ c~ ~ LL ~' x I ~ ~ z o w ~ ~ o ~ z ~g ~ ~ ~~~ •- = a c~ ~ ~ ~ o o Z z ~ ° ~ Li.l ~ J t w 9GO z z °z ~ ~' W Z w ° ~ ao ~ ~~ ~ N ~~~ ~ z ~`~ ~ ~ I w W° O aw ~ ~ ~ ~ ~ ' ' ° V ~W o O s ~ y NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN AMENDED ORDINANCE N0.07-1292A PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Amended Ordinance of the City of Meridian granting annexation and zoning for land being a portion of the West 1/2 of the Southwest 1/a of Section 12, Township 3 North, Range i West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 32.5 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of=way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 3.3 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the ~~ ,~~y,p~,,,~~~~` 2007. `\,\\\~,. ~ `,~sP°'s~ ~ A~ ~ ~~ O Mayor and City Council of the City=of eridian By: William G. Berg, Jr., City Clem ~ _ First Reading: Adopted after first reading by susper~i ~~~ . ~~ '. ,~ Rule as allowed pursuant to Idaho Code 50-902: YES NO ~~'%~°~ ~~,\~~ Second Reading: ~-- Third Reading: - ~''~~,,,~~~ ' ,~~~`~` ~rr;~, nst~~~ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF AMENDED ORDINANCE NO. 07-1292A The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the .attached Amended Ordinance No. 07-1292A of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this T ~ day of , 2007. ~l ~ ~~~ William. L.M. Nary, City Attorney AMENDED ORDINANCE 07-1292A SUMMARY - AZ-06-048 CREAMLINE PARK SUB Page 1 of 1 May 4, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING May 8, 2007 APPLICANT Legal Department ITEM NO. l~ ~--~ REQUEST Discussion of Use of Facilities Hold Harmless Agreement with Joint School District No. 2 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: COMMENTS See Attached Agreement SANITARY SERVICE COMPANY _ p CENTRAL DISTRICT HEALTH: /~~~~ NAMPA MERIDIAN IRRIGATION: G 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 Cify of Meridian. ` ~ ~ • ~' C ~~ Preparing 2 • Today's O Q ~1 studentsfor Tomorrow's ~ Challenges oo~sP • ~` ~~ a` Fd9le . Meridla~. SLiPERINTENAENT Av. !_i,vi.dA ClArl2 August 22, 2007 Tara Green Deputy City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 8364'2 •^ .~ Joint School District No. 2 1303 E. Central Drive • Meridian, Idaho 8 3642 • (208) 855-4500 • Fax (208) 350-5958 Re: Hold Harmless and Indemnity Agreement Dear Tara, Enclosed is a copy of the signed Hold Harmless and Indemnity Agreement for your records. Thank you for your help in this matter. Sincerely, c~ ~ - Scott Stuart District Activities /Athletic Director Enc.. .~- •~ root ©~s ~~~~ Preparing Z • • Todaq's Q • Q Students ror J ®~ n t~ S c h~®o I ®~ s -, Tomorrow's N t r i ct N ®. 2 Challenges ~ moo. ~ 1303 E. Central Drive • Meridian, Idaho 83642 • (208) 855-4500 • Fax (208) 350-5958 ~sP .S~a •Fd~le . Meslalan SUPERINTENDENT Dr. Linda Clark HOLD HARMLESS AND INDEMNITY AGREEMENT (For Use of School District Facilities by a Governmental Entity) THIS HOLD HARMLES'S AGREEMENT ("Agreement") is made by and between Joint School District No. 2, an Idaho school district and body corporate and politic of the State of Idaho, hereinafter the "District", and the City of Meridian, hereinafter referred to as "Entity". RECITALS: A. Entity is a "governmental entity" as defined in the Idaho Tort Claims Act, Idaho Code §6-901, et. seq. B. Entity is interested in having the opportunity to use various facilities and/or grounds of the District for public purposes from time to time as approved by the District. C. In exchange for the opportunity to use the District's facilities and/or grounds, Entity desires to provide certain written assurances and indemnifications to District for claims and damage arising out of or occurring during or from such use as hereinafter set forth. NOW THEREFORE, for good and valuable consideration, and in consideration of the recitals above,. which are incorporated herein, and the mutual representations, covenants, undertakings and agreements hereinafter contained, District and Entity agree as follows: 1. Indemnification of District. Entity shall defend, indemnify and hold harmless the District, and District's trustees, officers, agents and employees, and the State of Idaho, from and against any and all demands, suits, actions, claims, loss or damage of any kind, character or description, whether or not meritorious, costs, or expenses, including, without limitation, attorneys' and other professional fees and disbursements, in conjunction with any loss of life, personal injury and/or property damage arising out of or relating to the occupancy or use by Entity of any part of the District's facilities and/or grounds occasioned wholly or in part by any act or omission of Entity or its officers, contractors, licensees, agents, servants, employees, guests, invitees or visitors, except for such claim resulting solely from the negligence or otherwise wrongful act or omission of the District and/or the District's officers, employees, or servants. HOLD HARMLESS AGREEMENT AND INDEMNITY AGREEMENT- Page 1 of 3 •~- 2. Entity to Maintain Insurance Coverage. As a condition precedent to any use of District facllltres and/or grounds, Entity,. at its own expense, shall keep and maintain in full force and effect a comprehensive general liability insurance policy issued by a company licensed to engage in the insurance business in the State of Idaho. a. The insurance policy shall contain standard liability insuring agreements in the limits set forth in the Idaho Tort Claims Act, naming the District as a Certificate Holder. The limits of said policy shall be not less than five hundred thousand dollars ($.500,000.00) for bodily or personal injury, wrongful death, or property damage or loss as the result of any one (1) occurrence or accident, regardless of the number of persons injured or the number of claimants. b. Not less than five (5) business days prior to Entity's first use of District's facilities and/or grounds, and at least .annually thereafter for so long as Entity shall use any such facility and/or grounds, Entity shall furnish the District with a certificate of insurance evidencing the existence of such coverage, executed by a duly authorized representative of each insurer. c. The certificate of insurance shall provide that the company or program providing such coverage shall provide the District with thirty (30) days prior written notice of any cancellation or material alteration of the policies set forth in the certificate of insurance. d. In the event that the limits of the Idaho Tort Claims Act are modified, the Entity shall deliver a new certificate of insurance to the District indicating compliance with the revised limits within ten (10) business days of the effective date thereof. e. To the extent allowed under the Idaho Tort Claims Act and the Idaho Constitution, such insurance coverage shall be primary for any and all damage of any nature caused to or incurred by the District arising out Entity's use of the District's facilities and/or grounds. 3. Waiver. The waiver by either party of the performance of any covenant, condition or term herein shall not invalidate this Agreement, nor shall the same be considered as a waiver by such party of any breach or other covenant, condition or term herein. 4. Notices. Any notice under this Agreement shall be in writing and shall be treated as duly delivered if the same is personally delivered or deposited in the United States Mail, certified, return receipt requested, postage prepaid, and properly addressed as follows: To District: Joint School District No. 2 Attn: Superintendent 1303 E. Central Dr. Meridian, Idaho 83642 To Entity: City of Meridian HOLD HARMLESS AGREEMENT AND INDEMNITY AGREEMENT- Page 2 of 3 ~~ ~J' Attn: City Clerk 33 East Idaho Avenue Meridian, ID 83642 5. Assi ent. Entity shall not be entitled to transfer or assign all or any portion of its interest in this Agreement. 6. Attorne 's Fees. In the event that suit or action is instituted by either party to interpret or enforce this Agreement, the prevailing party shall be entitled to recover a reasonable sum as attorney's fees and all court costs incurred on behalf of that party, including such fees and costs with respect to an appeal. 7. Governing. Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho. 8. Authority of the Parties. Each party to this Agreement represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary action of such party and is a valid and binding obligation upon the persons or entity signing this Agreement. 9. Amendment or Modification. No modification, release, discharge, or amendment of any provision hereof shall be binding unless reduced to writing and signed by authorized representatives of both parties. . ENTITY: City of Meridian ~G~~~C~, BY: % ~Z ~ ~ d .e GcJ e.e ~-~C.. `V V!1V11!!!//~ Its: y~ ~- -.. ,,.,~ ~ . '''~~~<,, Date Signed: ~-r4 ~-0 7 ~,~~ ~~` '~,; ATTEST: _; .,,~--- /~ s ~~ {~~ _ Its: l','f-~, C'/-G~lc. u ~: ~~ % 7~~ ~./~ '-. ~ ~~,~ i~~ ~ ` ~> i~ ~~ DISTRICT: ~'~~"~tvfe~ Irai~~+~~4~ JOINT SCHOOL DISTRICT NO. 2 i 1~~ By. Its: :.-3c:.~;;~C~'i~t ]`~'X.i 17~~•P t` Date Signed: ,J~~,?~C? ~- HOLD HARMLESS AGREEMENT AND INDEMNITY AGREEMENT- Page 3 of 3 u SUPERINTENDENT Dr. Linda Clark rppl D~Str~, _~' • 2 0' •" $tudantafor ,C Td~sn9 °. Joint School District No. 2 ~'1. - Tomorrows ~ ceaga~9as 1303 E. Central Drive • Meridian, Idaho 83642 • (208) 855-4500 • Fax (208) 888-6700 a~ . o,~ • ' . S` Fa9le . Merid~a~ HOLD HARMLESS AND INDEMNITY AGREEMENT (For Use of School District Facilities by a Governmental Entity) THIS HOLD HARMLESS AGREEMENT ("Agreement") is made by and between Joint School District No. 2, an Idaho school district and body corporate and politic of the State of Idaho, hereinafter the "District", and %~y O /1f.Qf%d%R~ [insert name of governmental department, agency, or political subdivision]., hereinafter referred to as "Entity". RECITALS: A. Entity is a "governmental entity" as defined in the Idaho Tort Claims Act, Idaho Code §6-901, et. seq. B. Entity is interested in having the opportunity to use various facilities and/or grounds of the District for public purposes from time to time as approved by the District. C. In exchange for the opportunity to use the District's facilities and/or grounds, Entity desires to provide certain written assurances and indemnifications to District for claims and damage arising out of or occurring during or from such use as hereinafter set forth. NOW THEREFORE, for good and valuable consideration, and in consideration of the recitals above, which are incorporated herein, and the mutual representations, covenants, undertakings and agreements hereinafter contained, District and Entity agree as follows.: Indemnification of District. Entity shall defend, indemnify and hold harmless the District, and District's trustees, officers, agents and employees, and the State of Idaho, from and against any and all demands, suits, actions, claims, loss or damage of any kind, character or description, whether or not meritorious, costs, or expenses, including, without limitation, attorneys' and other professional fees and disbursements, in conjunction with any loss. of life, personal injury and/or property damage arising out of or relating to the occupancy or use by Entity of any part of the District's facilities and/or grounds occasioned wholly or in part by any act or omission of Entity or its officers, contractors, licensees, agents, servants, employees, guests, invitees or visitors, except for such claim resulting solely from the negligence or otherwise wrongful act or omission of the District and/or the District's officers, employees, or servants. HOLD HARMLESS AGREEMENT AND INDEMNITY AGREEMENT- Page 1 of 3 • • 2. Entity to Maintain Insurance Coverage. As a condition precedent to any use of District facilities and/or grounds, Entity, at its own expense, shall keep and maintain in full force and effect a comprehensive general liability insurance policy issued by a company licensed to engage in the insurance business in the State of Idaho. a. The insurance policy shall contain standard liability insuring agreements in the limits set forth in the Idaho Tort Claims Act, naming the District as a Certificate Holder. The limits of said policy shall be not less than five hundred thousand dollars ($500,000.00) for bodily or personal injury, wrongful death, or property damage or loss as the result of any one (1) occurrence or accident, regardless of the number of persons injured or the number of claimants. b. Not less than five (5) business days prior to Entity's first use of District's facilities and/or grounds, and at least annually thereafter for so long as Entity shall use any such facility and/or grounds, Entity shall furnish the District with a certificate of insurance evidencing the existence of such coverage, executed by a duly authorized representative of each insurer. c. The certificate of insurance shall provide that the company or program providing such coverage shall provide the District with thirty (30) days prior written notice of any cancellation or material alteration of the policies set forth in the certificate of insurance. d. In the event that the limits of the Idaho Tort Claims Act are modified, the Entity shall deliver a new certificate of insurance to the District indicating compliance with the revised limits within ten (10) business days of the effective date thereof. e. To the extent allowed under the Idaho Tort Claims Act and the Idaho Constitution, such insurance coverage shall be primary for any and all damage of any nature caused to or incurred by the District arising out Entity's use of the District's facilities and/or grounds. 3. Waiver. The waiver by either party of the performance of any covenant, condition or term herein shall not invalidate this Agreement, nor shall the same be considered as a waiver by such party of any breach or other covenant, condition or term herein. 4. Notices. Any notice under this Agreement shall be in writing and shall be treated as duly delivered if the same is personally delivered or deposited in the United States Mail, certified, return receipt requested, postage prepaid, and properly addressed as follows: To District: Joint School District No. 2 Attn: Superintendent 1303 E. Central Dr. Meridian, Idaho 83642 To Entity: [insert name and mailing address below) HOLD HARMLESS AGREEMENT AND INDEMNITY AGREEMENT- Page 2 of 3 • ~i~i a~'~8i-idi~~ ~l,v ~ 6~z 5. Assn ent. Entity shall not be entitled to transfer or assign all or any portion of its interest in this Agreement. 6. Attorne 's Fees. In the event that suit or action is instituted by either party to interpret or enforce this Agreement, the prevailing party shall be entitled to recover a reasonable sum as attorney's fees and all court costs incurred on behalf of that party, including such fees and costs with respect to an appeal. 7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho. 8. Authority of the Parties. Each party to this Agreement represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary action of such party and is a valid and binding obligation upon the persons or entity signing this Agreement. 9. Amendment or Modification. No modification, release, discharge, or amendment of any provision hereof shall be binding unless reduced to writing and signed by authorized representatives of both parties. ~ ENTITY: ~! T~ 0 7' ~~'~G~! Gt ~'t~ By:~~ Its: Date Signed: - ATTEST: \~~~~,`,~""~" ~~,~ ~~ Ci ~ G~oGrn ~ S-$ 07 ~j t Q Its: ~l;lZ~ ~/.p~.~L ~ ,,~ ,9 - ~~ \~,, DISTRICT: ~''~,, ~O`Il~~" SCI~O'bL DISTRICT NO. 2 ~f: ,.. . By: Its: Date Signed: HOLD HARMLESS AGREEMENT AND INDEMNITY AGREEMENT- Page 3 of 3 • • May 4, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING May $, 2007 APPLICANT Mayor's Office ITEM NO. ~1 ~/ -~ ~i REQUEST Appointment to the Meridian Development Corporation.: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLfCE 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 ~- ,.,~ r~~~a~ g e~l"~ Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. JeP• U~ LUUb IZ.'LINM No•1140 P• 1 '~y ~ • • September 8, ZOOG Mayor Tammy do Wccrd tidy cf Meridian 3:i East Idaho Avenue Meridian, Idaho 83G42-2300 RE: Vacant .position for Meridian Development Corporation Dear Mayor deWeerd, Please accept this letter and resume as my expressed interest in the volunteer position that is currently open on the Meridian Development Corporation. I would be most interested in this position and believe my experience and knowledge clualif es me. 1 also have a strong desire to Learn more about projects that involve revitalisation and this appears to be a tremendous opportunity. i can be easily reached via cellular phone at 208.72a.319t). Thank you. I look forward to hearing bask from you, Sincerely, ~~~ ~~. Scott Turlington ' Sep, 8. 2006 12~21PM No•1140 P• 2 1 A. SCOTT T[JR LTN(iTON 381tf C:a1;~Uria Place Meridian, ID (208) 884.5501 sturlin~tctt~lca m and c:k iilahli.a~m E ll U C A '1' l O N Idaho State University -Pocatello, liaho: May 200(1 Mastar of Public Administration ;md Pt,lic:y, with dir:r:ipline in Environmental Policy Jd„ho Sucre University • Pocatello, Idaho: May 1S-9tl B,rcheL;r of Science Political Science with minor in lntcrnadonal kclarian,: and Middle Eaxi Politics P R n P E S S i O N A L 8 X P E K l E N C F. Tan,aracle Resorer Director of >xt+ernal Affairs MHy2004 -Present • Direct all policies scut objectives involvuig matters of govcmmcnhcl and mghdxrt,ry aff,cirs • An»lyze pmposecl le~rislauve actions and determine the potential impact vn the pr~anizatinn and develi,p suategy for impleuteaitarion • C:l,ief lubbyisc fire xt>are, federal and cocuity levels aEgovernmcnt • T7ircx:t rcgrulatian }m,cexx fur pri,ducu reyuirin~; governmental approval by ensuring tha} ;,11 nc:<:cxxary HpplicariiuLS ere filed • (7vevsighr. of HIl kuverrunenr in~erHCCians nt die local, state and federal levels State of Idaho Goveruoe Dirk A. Kcmpfhornc: Senior Puflcy Advisor, Energy and Natural Resources Ucccmbct IDOU -May 2004 • Advised the (rcroc7r,ur nn all energy Hud natural resource issues statewide iricltuiing, but not limited to. wirer, I,ulirui A(f,;in, Endangered Spe.:ies, forestry and cacrgy • l(cc~,mmcndexl Il:gixlativc str.~teglrx Grc iut}>lemenutiF,~ the Governor's agenda • Worked to cosurc agencies carried cnu. and implcucrnted Giwernor's agenda • Ensured fiscal responsibility with agencies while max;mizing+ gualx and ui,jccl.ives of Governor • Advised and provided recommendations on statewide Boards ;end C;clmmitu;ic>n1: • Rctil,omible fur ensuring pass>tge of Governor's legislative priorities with )lobo 1.cgisla>zlrc: Lluited States Senator Larry E. Craig: Rrgiunal Director September 1999 - T)(:c:cmlur '1000 • J-iaison for ScnaL<Ir WICI, l'(,nRI:IlA1CIt6C, gavrrnment officials at all levels, groups and org;lnizaticros, 1xIKi1l C,wti Hn(1 llldUSlry • Rcc~:,mmrndc:d lcgixlarJve Hcrionx • Managed and supervised day today opcr;,tum, of the Senan,r'x office and ilx employees Government Relations: Associated Students of Idaho State University, 4c:ptc:mlx:r 1998 -MHy 1999 • Rcprt:5cntccl an(1 lnbhicd fnr „tude„t inlcresc.~, Steeds alld WRGetnS N ehc ldalw 1-Cgisl;lntte Regional Chair. Idaho Federation of the Xoung lie}rul,licxns,.january 1999 - J>~nuery 2000 • Rex}xn-sihle for recruiting and consultuig with young persons between 1 n and 4U intcrexl.rcl in involvement with local, seatc or fcclcral t,c,litiua • (~x,rdiawerd,ntdimplemecuedstatewidefundraisingefforts Sev• 8~ 2006 12~21PM ~ • No•1140 P• 3 Studrnr 5caatur: Associated Students of Idaho Sfite Univcrs+ty M;+y 1 y97 - M,+y 1998 ~ Thefmd :+ncl 1r,+K~ec1 IcgislNti<>t- Aral set and approved student budgets • Represented stu.Jents nccds and c-onccrns co the 1lrr;v+:rtiiry • Fin,+nci:rl atficer fur a $I.Zmm annual student budget Ii U M A N I T A R I A N A N L) E 11 U L; A T I l7 N A 1. C t7 N T n I B U T I U N S Mort;+r Rv;+nl: ldahn Srate Tlniver5i~y, 5eptenther 1996 -May 1991 • <:.+,rnmuniry scrvicca,ricnted National Honor Society Yi Sigma Alph;+: Id;+h~, St:+r~: l Jnivcr~ity, Scptc,nher 1997-January 1998 • 1'rCei<It:nt, ld;+ho Srate Ilnivcnity Chapter • Natiornl Political Scicncc HQn+]r Sr.,r.icty (n,lden Key: Idaho State University. Lkccmbcr 1')97-199$ • National llcademic l lonor Society Miu;iunery Vc,tunceer: l.cu Angeles, Ca, July 19~)l-July 1994 • Tauicht Entdish lae~uage and assisted in various scrvicc NGtivitics A C A D E M I C P A P E K S A N D (; K A 1) t1 A 'h F. R Ti S E A R C H • Ldaho tialmon Kctarvcry: Policy (7bjrctives and M,utagement C:onsidetacions for the Sraro of Td;+ha .+nJ chc Pacific Nunhwest • T'l;+ying Paliticn Wir}r ArncricH's Forest, Outside Interests with and huidc ltolc • Saving a Species k'olic:ics ;+nd (~hje:crivcy firr Recovery and Survival of Pacific Northwest Salmon • 1-ligh School Violcnc-c: The 1)ctcritm,+tie,n of F~miiicr: and Delinquency: Is There a Relationship? R E F S K E N C E 5 • Available upon request May 1, 2007 Mr. Craig Slocum, Chairman Meridian Development Corporation 33 E. Idaho Avenue Meridian, Idaho 83642 Dear Craig, aaY ~ 3 20~~ MAYORS OF'~ICE CjTY_ 4?F ~f]E1~AIAN It is clearly with mixed feelings that I send you this letter. Effective immediately, I am resigning my position on the Meridian Development Corporation Board. On the one hand, I have thoroughly enjoyed being involved in the vibrant revitalization of Meridian's Downtown from the urban renewal agency whose charter is to guide this process in an organized and systematic manner. I hope my input to this critical effort has been helpful. On the other hand, as an owner of Oaas Laney, LLC, which is developing what we hope will be a signature mixed use building in the urban renewal district; 1 must focus my efforts on bringing this project to fruition without any perception of a conflict. Although I had planned to recuse myself from all MDC discussions on this project, I am convinced that the overlap of both responsibilities might still be perceived as conflicting. It is with this potential concern that I have decided to step down from my position on the MDC Board. The MDC effort and success is far too important to me and the great City of Meridian's future. I have thoroughly enjoyed working with you and all members of the Board as well as Shaun Wardle and the City Staff. Please express my appreciation to them for their help and guidance to me in the MDC process along the way. I wish you, the MDC Board and Staff significant success in revitalizing this great City of Meridian. Best s, s Cc: Tammy de Weerd, Mayor Shaun Wardle, MDC Administrator P.O. Box 2020 ~ Boise, Idaho 83701 Ph. (208) 429-9596 • Facsimile (208) 429-9597 • Cit y of 1. Melrl _: dia n Pu rchas ing De pt. Memo 1. ~- i To: WTI Berg, City Clerk From: Keith Watts, Purchasing Agent CC: Sharon Smith, Tara Green, Stacy Kilchenmann, Ted Baird Dafie: 5!7107 Re: May 8 City Council Departrnent Report The Purchasing Department respectfully requests that the following item be placed on the May 8 City Councl Agenda under Department Report Approval of Contrails for Phase II of City Hall Project Packages 1-11. The Contracts before you are the result of the awarcl approved by Counal on April 10, 2007. All Contracts were prepared using the AIA Agreement modifred by City legal staff. The resultant Contracts are as follows: MJ's Bac~Choe and Excavation, Inc. $ 610,314.00 Sidewalks, LLC $ 655,595.35 TMC, Inc $1,584,760.00 Rule Steel Tanks, Inc $1,847,000.00 Architectural Building Supply Co. $ 7,820.00 American Walloover, Inc. $ 363,287.00 Custom Glass, Inc. $ 295,321..00 Western Roofing, Inc. $ 182,990.00 Schindler Elevator Corporation $ 222,1.00 Seal ~• $ 67,182.00 Recommended Council Action: Approval of Contacts for City Flall Phase II Packages 1-11 (Package 5 not used) for a total Not-To-Exceed amount of $5,836,369.35, and authorize the Mayor to sign all ten contracts. Thank you for your oonsidera6on. • Page 1 May 4, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING May 8, 2007 APPLICANT Finance /Purchasing ITEM NO. ~ ~ -C-1 REQUEST Approve Contracts for Phase fl of City Hall AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • May 4, 2007 Executive Session MERIDIAN CITY COUNCIL MEETING May 8> 2007 APPLICANT Legal Department ITEM NO. 12 REQUEST Executive Sesson Per Idaho State Code 67-2345(1)(c): AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS .IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of fhe City of Meridian. ~,-y • .~+ y~ i.. ,~/ ~ L'~ ' ~.~ Clh'Y-UF' ff~u~'+5rJ`` ~ ,~~ C~~~rz~l~-n 1DAHU ,y~ dye C~O~ rREnSliRt3'Vt'Ur't ;IHCE 190J 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 May 9, 2007 Cycle 2 RECEIVED MAY - 8 2007 City of Mericliai! City Clerk OfftC® MAYOR: This letter attests to the fact that no water users have requested a pre-termination hearing for May 8, 20.07. Users having delinquent utility bills will be shut off on May 9, 2007. The total amount past due is $ 12,677.08. The number of past due customers is 167. Jaycee Holman Billing Manager CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 208) 888-4433 Crl'Y CLERK -FAX 888-4218 CITY ATTORNEY / HR -FAX 884-8723 FINANCE & UTILITY BILLING -FAX 887- 13 MAYOR'S OFFICE -FAX 884-8116