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HomeMy WebLinkAbout2007-06-19s CITY OF IDAHO FCR �' TREASURG V Y Vs Revised 6/18/07 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, June 19, 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: X David Zaremba x Joe Borton Charlie Rountree Keith Bird _( Mayor Tammy de Weerd 2. Pledge of Allegiance: hV /P./A."7 (vT¢ca 3. Community Invocation by n..s W. �� ^vis with 4Wdjaft .�lr ,1a A 2c � 4. Adoption of the Agenda: A/".0vK J 5. Consent Agenda: A. Tabled from June 5,2007: Resolution No. D Public Works Rate Change: 1,V -c. B. Approve Minutes of May 15, 2007 Pre -Council Meeting: 4*st^0"_ C. Approve Minutes of May 22, 2007 Pre -Council Meeting: lw� D. Approve Minutes of May 22, 2007 City Council Regular Meeting: r-�- E. Resolution No. 07-5-6-9 : CPA 07-007 Request to amend the Comprehensive Plan Future Land Use Map for the future Ten Mile Interchange area to modify various future land uses designations and to create several new future land use Meridian City Council Meeting Agenda — June 19, 2007 Page 1 of 6 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 6/98/07 designations for the Ten Mile Area Comprehensive Plan Amendment by the City of Meridian Planning Department — generally bordered by Linder Road to the east, McDermott Road to the west, the Union Pacific Railroad Line to the north and Y2 mile south of Overland Road to the south: F. Resolution No. D 7— 5-6 4- : CPA 07-008 Request to amend the Comprehensive Plan by adding the Ten Mile Interchange Specific Area Plan as an addendum to the Comprehensive Plan for the Ten Mile Specific Area Plan Text by the City of Meridian Planning Department - generally bordered by Linder Road to the east, McDermott Road to the west, the Union Pacific Railroad Line to the north and Y2 mile south of Overland Road to the south: %7°V -4— G. Resolution No. e� 7-5'6 0" : CPA 07-004 Request for an amendment to the Comprehensive Plan Future Land Use Map to change the land use designation from Industrial to Commercial for Jabil East Comprehensive Plan Amendment by the Joint School District No. 2 — 1303 East Central Drive (Lot 1, Block 1, Jabil Subdivision): H. Resolution No. d 7CPA 07-005 Request for an amendment to the Comprehensive Plan Future Land Use Map to change the land use designation from Industrial to Commercial for Jabil West Comprehensive Plan Amendment by the City of Meridian Planning Department — 915 East Central Drive (Lot 2, Block 1, Jabil Subdivision): c-7 .,vw- I. Resolution No. D7- 56 7 : CPA 07-001 Request for a Comprehensive Plan Amendment to change the Future Land Use Map designation from Industrial to Commercial for the property located at 600 E. Franklin Road for Thomas Comprehensive Plan Amendment by Lynn Thomas — north of East Franklin Road and east of Meridian Road: 11�0� V4 -- Resolution No. -07-564 : Adopting the Amended By -Laws of the Mayor's Youth Advisory Council: 1171 ,,,1� K. SHP 07-004 Request for Short Plat Approval of ,8 residential condominium units in 2 buildings in an R-15 zone for Ma ower Place Condominium by Tealey's Land Surveying — 1236, 1254, and 1278 Northeast 2 Y2 Street: 4/�A V,,, - Meridian City Council Meeting Agenda — June 19, 2007 Page 2 of 6 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. 0 • Revised 6118107 L. Findings of Fact and Conclusions of Law for Approval: VAR 07-009 Request for a Variance for location of the subdivision identification sign away from the subdivision entrance for Strada Bellissima Business Park by Strada Commercial, LLC — Northwest Comer of South Meridian Road and West Victory Road: 47TAIV VW -- M. Findings of Fact and Conclusions of Law for Approval for R-2 zone: AZ 07-005 Request for Annexation and Zoning of 1.46 acres from RUT to an R-4 zone for the property located at 1205 West Overland Road for Pfost Property by Thomas & JoAnn Pfost — 1205 West Overland Road: N. Findings of Fact and Conclusions of Law for Approval: AZ 07- 004 Request for Annexation and Zoning of 2.48 acres from RUT to an L -O zone for Locust Grove Professional Office Building by Ruby/Edwards: Architecture + Design — 1695 South Locust Grove Road: s� O. Findings of Fact and Conclusions of Law for Approval: RZ 07- 005 Request for a Rezone of 9.21 acres from I -L to a C -G zone for Jabil East Property by the Joint School District No. 2 — 1303 East Central Drive (Lot 1, Block 1, Jabil Subdivision):r,w P. Streetlight Agreement for Paramount Subdivision No. 15 by Paramount Development: 4171 r vu� Q. Water Main Easement Agreement for Plum Creek Water Line by Plum Creek Northwest Lumber: uy?v-e-- R. Approve Contract for the North Black Cat Lift Station with JC Constructors, Inc. for $2,745,000.00: T,-,, V--C— S. Sanitary Sewer and Water Main Easement Agreement for Secret Garden by Oliver / Debbie Cleaver: T. Water Main Easement Agreement for Lowe's (Overland) by James Prather: U. Agreement with EI Dorado Business Partners. LLC for Vacation of a portion of Easement "G" Water Line and Water Meter Easement, Recorded as Instrument No. 105127519, on Lots 18 and 19, Block 1 of Bonito Subdivision No. 3: ��,,�, V. Approve Bid for Shepherd's Creek Oversized Sewer to Brown Construction for $50,846.00 and Approve Reimbursement Meridian City Council Meeting Agenda — June 19, 2007 Page 3 of 6 All materials presented at public meetings shall become properly of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. 7. 8. 9. 10. i J Revised 6/98/07 Agreement between the City of Meridian and Shepherd's Creek. Inc. for a Total Reimbursement of $34,830.00: Al)""_ W. Approve Amended Bid for Water and Sewer Improvements in Conjunction with the Intersection of Meridian and McMillan Roadway Project for an Amended Bid of $41,202: 419wvv4_- X. Addendum to Lease Agreement with Xerox for WWTP: 41:�ermv—) Y. Change Order No. 5 for Removal and Abatement of Contaminated Soils with Ideal Demolition: �vw Department Reports A. Mayor's Office: 1. Discussion on Impact Fee Committee Members: G7'i�"✓u. B. Police Department 1. Budaet Amendment for Wane Adjustments for Supervisors: �,,,., & 7,11 gyp. oo. C. Legal Department 1. Collective Labor Anreement between the City of Meridian and Meridian Firefighters IAFF Local 2311: alflrro&-.C- D. Public Works Department 1. Request for Waiver of City Services Hook -Up Requirements for Tricia Donoghue with the Treasure Valley Veterinary Hospital at 2600 South Meridian Road: Items Moved from Consent Agenda: Request for Waiver of Fees for a Variance Application for Meridian Elementary School Sian: a,"?"V%cam Request for Reconsideration of Denial of Rezone and Conditional Use Permit for Bellabrook by J.E. Development, LLC: 4pr" o-c- Findings of Fact and Conclusions of Law for Denial: RZ 07-006 Request for a Rezone of 4.38 acres from an R-8 to an R-15 zone for Bellabrook by J.E. Development, LLC - 300 South Locust Grove Road: VGA, dale Meridian City Council Meeting Agenda —June 19, 2007 Page 4 of 6 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 88814433 at least 48 hours prior to the public meeting. 0 0 Revised 6/18107 11. Findings of Fact and Conclusions of Law for Denial: CUP 07-005 Request for a Conditional Use Permit approval for multi -family residential use in a proposed R-15 zone for Bellabrook by J. E. Development, LLC — 300 South Locust Grove Road: 12. FP 07-018 Request for Final Plat approval for 1 multi -family building lot on 10.103 acres in an R-4 zone for Selway Apartments at Lochsa Falls by Meridian Apartments, LLC — North of McMillan and west of Linder Road: AtOIH-�Poc, 13. FP 07-016 Request for Final Plat approval for 26 single-family building lots and 6 common lots on 5 acres in R-8 and R-15 zones for Arch Rock Subdivision by CTD Development — south of McMillan Road and east of Linder Road:t,vw�-� 14. FP 07-017 Request for Final Plat approval for 29 townhome building lots, 7 commercial building lots, and 8 common lots on 6.29 acres in TN -R and C -C zones for Harks Canyon Creek Subdivision by Franklin Centre, LLC —1845 West Franklin Road: � -7,-3,,0.7 15. Continued Public Hearing From April 3,2007: Public Hearing: AZ 06-061 Request for Annexation and Zoning of 95.57 acres from RUT to R- 8, R-15 and R-40 zones for Baraya Subdivision by RMR Consulting, Inc — 3935 West Franklin Road and 280 South Black Cat Road: ?-V�p tee. -1/f > e, /Z YCw- G,/rrw wad 16. Continued Public Hearing from April 3, 2007: PP 06-062 Request for Preliminary Plat approval of 118 single-family building lots on 26.41 acres in the proposed R-8 zone; 216 single-family building lots on 38.26 acres and 1 school lot on14.98 acres in the proposed R-15 zone; 2 multi -family lots on 13.01 acres in the proposed R-40 zone; and 30 common lots for Barava Subdivision by RMR Consulting, Inc — 3935 West Franklin road and 280 South Black Cat Road: /-1rVA,_t �1yC � e, /,( '' ,,.ov%d e 17. Continued Public Hearing from May 22, 2007: VAC 07-008 Request for a Vacation of the City of Meridian utility easement common to Lots 1, 2 & 3, Block 1 of the Fallon Greens Subdivision for Hampton Inn and Suites by Tealey Land Surveying — 815 & 875 South Allen Street and 2870 East Freeway: '°oh7-i»A4 011. ?— ,If --07 18. Public Hearing: RZ 07-008 Request for a Rezone of approximately 4 acres from a C -N zone to a C -C zone for Lots 1 - 5, Block 1 of the Comer at Vineyards Subdivision for Cherry Wood Village by Richard Brown and Roy Brown — Southwest /Comer of Cherry Lane and Linder Road: Meridian City Council Meeting Agenda — June 19, 2007 Page 5 of 6 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 6/18/07 19. Public Hearing: CUP 07-007 Request for a Conditional Use Permit to allow retail sale and service of motor scooters within the C -C zoning district on Lot 3, Block 1, of the Comer at Vineyards Subdivision for Cherry Wood Village by Richard Brown and Roy Brown - Southwest Comer of Cherry Lane and Linder Road: /a�P*-C���4 cl e /7"- � - 20. Public Hearing: MI 07-008 Request for a Miscellaneous application to modify the recorded Development Agreement (Inst. 104107406) to remove the requirement for all future uses to obtain Conditional Use Permit approval for Gateway Marketplace by Landmark Development Group - 3205 East Ustick Road: ? lk fb ?, 3' 07 21. Public Hearing: VAR 07-010 Request for a Variance to landscape the surplus right-of-way and decrease the required street buffer along Eagle Road from 35 feet to 20 feet for Gateway Marketplace by Landmark Development Group - 3205 East Ustick Road: r�,`fPlh 7- 3-0 22. Public Hearing: VAR 07-012 Request for a Variance to UDC 11 -3B -7C2 to count existing right-of-way for Eagle Road towards the landscape street buffer width in the C -G zone for Bienville Square Eagle Road Landscaping by Redcliff Development - west side of Eagle Road, south of Ustick Road (Bienville Square Subdivision): c fro IA- 1w 7-3-07 23. Public Hearing: VAR 07-011 Request for a Variance to UDC 11 -3B -7C2 to count existing right-of-way for Eagle Road towards the landscape street buffer width in the C -G zone for Sadie Creek Promenade Eagle Road Landscaping by Landmark Development Group - SWC of Eagle Road and Ustick Road (Sadie Creek Subdivision): c,n„floa/k 7_3 ® 24. Ordinance No. 0 ? RZ 07-005 Request for a Rezone of 9.21 acres from I -L to a C -G .zone for Jabil East Property by the Joint School District No. 2 - 1303 East Central Drive (Lot 1, Block 1, Jabil Subdivision): ayrrvou - 25. Ordinance No. O 7-1 3 2/RZ 07-002 Request for a Rezone of 0.628 of an acre from I -L to .0-G zone for the Lynn Thomas Prope by Lynn Thomas - north of East Franklin Road and east of Meridian Road: Azle nV�. Meridian City Council Meeting Agenda — June 19, 2007 Page 6 of 6 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. 0 • Meridian City Council Meetina June 19, 2007 A meeting of the Meridian City Council was called to order at 7:05 P.M., Tuesday, June 19, 2007, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, Joe Borton, and David Zaremba. Others Present: Bill Nary, Will Berg, Anna Canning, Len Grady, Bill Musser, John Overton, Mark Niemeyer and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: I will go ahead and call the meeting to order. Welcome all tonight. It is Tuesday, June 19th. It's five minutes after 7:00. We will start tonight's meeting with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: I would like to draw everyone's attention to the picture on our -- our display screen over there. That is our fearless city attorney. We were at a conference last week and so you can see that it was team building at its finest. Item No. 2 is our pledge of allegiance. Tonight we will be lead in the pledge by Hillary Costa. I understand she will be leaving us, so we do want to give every opportunity to let her lead us in things like the pledge. Hillary, if you will, please, come forward and if you will all rise. (Pledge of allegiance recited.) De Weerd: Hillary, I always give a pin -- Rountree: Yeah. Get your pin finally. De Weerd: And I'm going to give you both the notorious water tower pin, as well as the other opinion. Thank you. Canning: Hillary is even thinking about becoming a planner. We haven't scared her off. Item 3: Community Invocation by Pastor Shawn Regan: De Weerd: We have inspired her I'm sure. Okay. Item No. 3 is our community invocation. Tonight we will be led by Pastor Shawn Regan and if you will all join us in Meridian City Council June 19, 2007 Page 2 of 57 the community invocation or take this as an opportunity for a moment of reflection. Pastor. Regan: Madam Mayor, Members of the Council, shall we pray. Oh, God, our Heavenly Father, who loveth mankind and art most merciful and compassionate, Lord, we pray that you would have mercy on our city and our Mayor and City 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 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 serve to keep us safe. Watch over all of those who are in need in our communities, 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 for all the things you do, Father, for your great love and your mercy and we ascribe all glory and honor to your holy name, of the Father and of the Son and the Holy Spirit, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Pastor. Item 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: In the Consent Agenda we got A is Resolution 07-562. E is 07-563. F is 07-564. G is 07-565. H is 07-566. 1 is 07-567. And J is 07-568. And we have -- on Item 14 they have asked to continue that to July 3rd, 2007. Item 17 has been asked to be continued to July 24th, 2007. Items 20, 21, 22, and 23 did not post their property, so that will have to be continued to July 3rd, 2007. Item 24 on the regular agenda is Ordinance No. 07-1320. And Item 25 is Ordinance No. 07-1321. And with that I move that we approve the revised agenda. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the agenda as revised. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: Meridian City Council June 19, 2007 Page 3 of 57 A. B. C. D. is Tabled from June 5, 2007: Resolution No. 07-562 Public Works Rate Chance: Approve Minutes of May 15, 2007 Pre -Council Meeting: Approve Minutes of May 22, 2007 Pre -Council Meeting: Approve Minutes of May 22, 2007 City Council Regular Meeting: E. Resolution No. 07-563 : CPA 07-007 Request to amend the Comprehensive Plan Future Land Use Map for the future Ten Mile Interchange area to modify various future land uses designations and to create several new future land use designations for the Ten Mile Area Comprehensive Plan Amendment by the City of Meridian Planning Department — generally bordered by Linder Road to the east, McDermott Road to the west, the Union Pacific Railroad Line to the north and % mile south of Overland Road to the south: F. Resolution No. 07-564 : CPA 07-008 Request to amend the Comprehensive Plan by adding the Ten Mile Interchange Specific Area Plan as an addendum to the Comprehensive Plan for the Ten Mile Specific Area Plan Text by the City of Meridian Planning Department - generally bordered by Linder Road to the east, McDermott Road to the west, the Union Pacific Railroad Line to the north and Y2 mile south of Overland Road to the south: G. Resolution No. 07-565 : CPA 07-004 Request for an amendment to the Comprehensive Plan Future Land Use Map to change the land use designation from Industrial to Commercial for Jabil East Comprehensive Plan Amendment by the Joint School District No. 2 — 1303 East Central Drive (Lot 1, Block 1, Jabil Subdivision): H. Resolution No. 07-566 : CPA 07-005 Request for an amendment to the Comprehensive Plan Future Land Use Map to change the land use designation from Industrial to Commercial for Jabil West Comprehensive Plan Amendment by the City of Meridian Planning Department — 915 East Central Drive (Lot 2, Block 1, Jabil Subdivision): I. Resolution No. 07-567 CPA 07-001 Request for a Comprehensive Plan Amendment to change the Future Land Use Map designation from Industrial to Commercial for the property located at 600 E. Franklin Road for Thomas Comprehensive Meridian City Council June 19, 2007 Page 4 of 57 Plan Amendment by Lynn Thomas — north of East Franklin Road and east of Meridian Road: J. Resolution No. 07-568 : Adoptina the Amended Bv- Laws of the Mayor's Youth Advisory Council: K. SHP 07-004 Request for Short Plat Approval of 8 residential condominium units in 2 buildings in an R-15 zone for Mayflower Place Condominium by Tealey's Land Surveying — 1236, 1254, and 1278 Northeast 2 Y2 Street: L. Findings of Fact and Conclusions of Law for Approval: VAR 07-009 Request for a Variance for location of the subdivision identification sign away from the subdivision entrance for Strada Bellissima Business Park by Strada Commercial, LLC — Northwest Comer of South Meridian Road and West Victory Road: M. Findings of Fact and Conclusions of Law for Approval for R-2 zone: AZ 07-005 Request for Annexation and Zoning of 1.46 acres from RUT to an R-4 zone for the property located at 1205 West Overland Road for Pfost Property by Thomas & JoAnn Pfost — 1205 West Overland Road: N. Findings of Fact and Conclusions of Law for Approval: AZ 07- 004 Request for Annexation and Zoning of 2.48 acres from RUT to an L -O zone for Locust Grove Professional Office Building by Ruby/Edwards: Architecture + Design — 1695 South Locust Grove Road: O. Findings of Fact and Conclusions of Law for Approval: RZ 07- 005 Request for a Rezone of 9.21 acres from I -L to a C -G zone for Jabil East Property by the Joint School District No. 2 — 1303 East Central Drive (Lot 1, Block 1, Jabil Subdivision): P. Streetliaht Agreement for Paramount Subdivision No 15 by Paramount Development: Q. Water Main Easement Agreement for Plum Creek Water Line by Plum Creek Northwest Lumber: R. Approve Contract for the North Black Cat Lift Station with JC Constructors, Inc. for $2,745,000.00: S. Sanitary Sewer and Water Main Easement Agreement for Secret Garden by Oliver / Debbie Cleaver: Meridian City Council June 19, 2007 Page 5 of 57 T. Water Main Easement Agreement for Lowe's (Overland) by James Prather: U. Agreement with EI Dorado Business Partners, LLC for Vacation of a portion of Easement "G" Water Line and Water Meter Easement, Recorded as Instrument No. 105127519, on Lots 18 and 19, Block 1 of Bonito Subdivision No. 3: V. Approve Bid for Shepherd's Creek Oversized Sewer to Brown Construction for $50,846.00 and Approve Reimbursement Agreement between the City of Meridian and Shepherd's Creek, Inc. for a Total Reimbursement of $34,830.00: W. Approve Amended Bid for Water and Sewer Improvements in Conjunction with the Intersection of Meridian and McMillan Roadway Project for an Amended Bid of $41.202: X. Addendum to Lease Agreement with Xerox for WWTP: Y. Change Order No. 5 for Removal and Abatement of Contaminated Soils with Ideal Demolition: De Weerd: Okay. Item is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda with the previous listed ordinance numbers 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. If there is no discussion, Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports A. Mayor's Office: 1. Discussion on Impact Fee Committee Members: Meridian City Council June 19, 2007 Page 6 of 57 De Weerd: Okay. Item No. 6-A under the Mayor's office. You should have in front of you the impact fee committee. Last year we had added two new items for impact fee eligibility and that was police and fire. So, we are collecting impact fees on parks, police, and fire. So, we did add two additional seats, so that we could have a representation for our police and fire. I do have a couple of changes to last year's. Dan Wood will continue to serve. Jim Keller is our representative from our Parks commission. Gene Strate is the representative for the realtors association. David Fulkerson is one of our citizen representatives. Phil Krichbaum is also one of our citizen representatives. Keith Borup was on there as a Planning and Zoning Commission representative. He will be replaced by Michael Rohm as our Planning and Zoning Commission representative. However, Keith Borup will continue to serve and as will Steve Elliott and we have an open spot for the BCA, who I do not know who that representative is. Borton: Madam Mayor? De Weerd: Yes. Borton: Are you looking for approval -- De Weerd: Yes. Borton: -- of the committee -- De Weerd: Uh-huh. Borton: The BCA spot to be -- De Weerd: To be determined once we hear from them who that representative is. Borton: Madam Mayor? Zaremba: Madam Mayor? I'm song. Maybe I missed it. Did I hear a representative from either the fire or police department? De Weerd: Yes. Steve Elliott is our representative for the fire and -- did I mention Mark Bennett? I'm sorry. I don't have -- and Mark Bennett is for the police. Zaremba: Thank you. De Weerd: It's not on here. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Meridian City Council June 19, 2007 Page 7 of 57 Borton: In light of the names presented, I would move that we approve the impact fee committee members as proposed. I understand that the BCA position will be filled as soon as possible, to make it possible for the impact fee committee to continue its work. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve the names as stated tonight. If there is no discussion, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. B. Police Department: 1. Budget Amendment for Wage Adjustments for Supervisors: De Weerd: Okay. Item 6-B under the police department, I will tum this over to Chief Musser. Musser: Thank you, Madam Mayor. Madam Mayor, Members of the Council. I'm before you this evening to discuss a proposal for a wage increase for our supervisory and management staff at the police department. This will include the sergeants, the lieutenants, and the captain that we have. I have handed out a City of Meridian budget amendment sheet at this point that should total up a total of 23,336 dollars, which would be the overall cost for making those adjustments for those staff members at this point. Also attached to that sheet that you have is a breakdown by individual as to what that cost would come out to. What I'm looking to do in terms of this request, according to our finance director, in meeting with her, and, then, also with my follow-up discussion with the Mayor, they went ahead and signed off the prior form that we had for an amendment, but Mrs. Kilchenmann doesn't actually recognize it as being an amendment, because we currently have enough salary savings within the police budget to make this operational and I was looking to do so effective July 1. Additionally, in working with the HR director Mr. Nary and moving through and, then, having our discussions with finance on this, it would be feasible to continue this within next year as part of the base salary. At this point it has been included in terms of what we would have available with the projected revenue as we move into the base for the -- for the FY -08 fiscal year as well. So, I'm not looking to induce any hardships at this point in terms of the city overall. Our major emphasis for what we are looking at at this time is in terms of encouraging officers within the department that are qualified to promote for this sergeant's position, it's been about ten percent to a little bit more the market average between Nampa City, Boise City, and even Garden City at this point. We had that looked at and what we are proposing here actually brings them up four percent above the overall market value at this point. However, because they get to that point I also have full consensus from all those sergeants that they have no expectations whatsoever Meridian City Council June 19, 2007 Page 8 of 57 of another merit increase or step increase until October -- after October 1 of 2008, which would be the beginning of the fiscal '09 year, so that they would remain frozen from implementation in July 1 here all the way through fiscal '08 if that's the Council's pleasure at this point this evening. The same thing would apply to our lieutenants, who are ultimately going to come out just approximately about one percent still under where the market value sits between Nampa and Boise at this point, but puts them in a much closer parity area for them and it also raises our captain up into a much more workable area in comparison to the deputy chief positions and the captain positions within the valley as well. As a point of clarification, I initially had some adjustments to my salary in there as well. However, after discussion with the Mayor and the HR director, we are looking at some other things in general for the directors within the city, so I withdrew my aspects in there and that's why you have the adjusted form that doesn't have the signatures on it at this point, because they just want to focus on the sergeants, the lieutenants, and the captain at this point in time. And with that I would stand for any questions if there are any at this time. De Weerd: Counsel, any questions? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: And I'm song I don't know the hierarchy specifically within your department, but are there other positions like detective that are at parity around the valley or is that a dumb question? Musser: Madam Mayor, Members of the Council, Councilman Zaremba, no, it's not a dumb question. We do have assigned positions. One of the assigned positions we have is the detective. However, in performing that job function within the department, you can be at the pay grade of patrolman or at corporal and we do have those and we do -- we have been able with last year's adjustment to the overall wage scale, it allows them parity and be able to move forward and we are still looking at even some further compression within our overall city merit base to pay function to allow them movement a little bit quicker than what we had initially looked at. That's still in process with HR at this time. Zaremba: Thank you. De Weerd: Thank you, chief. Any other questions from Council? Okay. Chief, that was just informational, was that not? Musser: Yes, Madam Mayor, informational in that to propose that and I guess I would look at the potential of being able to enact this July 1, considering we have a salary savings available, if the Council so wishes to have us go ahead and move forward on it. It's entirely their decision at this point, but I was looking for some direction. Meridian City Council June 19, 2007 Page 9 of 57 De Weerd: Okay. Yeah, I would want a motion on this. Rountree: Madam Mayor? De Weerd: Yes. 0 Rountree: The chief and I have discussed this several times and it's gone through several iterations. We have looked at trying to get our officers at parity to address the issue of retention, address the issues of cost of training these folks, and the length of time of service that they have provided the city. The general increases are fairly sizable at this point, because we haven't kept them at pace with what's going on in the community. We have the cities around us and the counties around us shopping our department for folks and we are -- we are and have been a training ground. This is an attempt to -- again, gain retention, an issue that we have been addressing for a number of months, not only the police department, but in other departments. So, I'm supportive of the chiefs request. He's worked with HR to do an analysis of this, which is a -- gets it away from the analysis that they initially did and puts it into context with the rest of the city employees. So, that's where I have been with the issue as the liaison with the police department. And if there isn't any other questions or comments, I would move that we approve the supervisory wage adjustment request make it effective July 1, 2007. Bird: Second. De Weerd: Okay. Thank you. I have a motion and a second to approve the request in front of you to be effective July 1 st. Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. C. Legal Department 1. Collective Labor Agreement between the City of Meridian and Meridian Firefighters IAFF Local 2311: De Weerd: Thank you. Item 6-C is our legal department. Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. I'm happy report that we were able to complete our negotiations with the fire-fighters local union. I don't know if the contract is in your packet. I'm not seeing it on the electronic packet. We sent it over last week, but -- Rountree: It's hard copy. Bird: It's hard copy. Meridian City Council June 19, 2007 Page 10 of 57 0 0 Nary: It's hard copied. Okay. I just wanted to make sure that you did have it. We were very successful in getting I think a good contract for the city, as well as for the union. I think it was a good process. The union was very agreeable generally and the -- I think the end results that we have is a very good contract for both the city and the union itself. I think it's a very positive step forward for the city. We certainly took a lot less time to get this resolved than we did the last time, which was very encouraging. I know Mr. Bird was a member of the negotiating team. I don't know if he has any other comments, but when he's done, I guess we are seeking your approval for signature. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Before I make a motion, I'd like to thank Chief Anderson and our number one negotiator Mr. Nary here that did a fantastic job and also the fire department, the four officers that negotiated. They were very fair, very understanding. I think it went great. This was my second one and the atmosphere was much friendlier, fairer. So, I think Scotty and Justin and Lance and Luke all deserve a thank you for the participation they did and I don't think we could find a better negotiator on our part than Mr. Nary. I hate to say that with him sitting here. Nary: Thank goodness we didn't have that picture when we started this process. Bird: And with that, if we have -- we can have discussion afterwards, but I move that we approve the collective labor agreement with Meridian Firefighters Local 2311 and for the Mayor to sign and the Clerk to attest. Zaremba: Second. De Weerd: Thank you. I have a motion and a second to approve the agreement that is before you. I will ask Mr. Berg to, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. D. Public Works Department 1. Request for Waiver of City Services Hook -Up Requirements for Tricia Donohue with the Treasure Valley Veterinary Hospital at 2600 South Meridian Road: De Weerd: Thank you. Item 6-D is our Public Works Department and I would like to recognize Len Grady, he is our acting Public Works Director right now. Brad Watson Meridian City Council June 19, 2007 Page 11 of 57 left the city to pursue a career in the public sector and so you wear a different hat, but you're a welcomed old face. Grady: Thank you, Madam Mayor. De Weerd: And he is the photographer behind this picture, by the way. Zaremba: Where was he standing when he took it? De Weerd: On the ground. Grady: Mr. Nary is about I would say a couple hundred feet up at this point in time, coming down very fast. Madam Mayor, a couple of weeks ago Council approved hook up of some water for this -- the Treasure Valley Veterinary Clinic and Public Works would like to request reconsideration of that approval. In looking back through some of the history, we believe it should be tied to a development agreement and possibly take a look at some of the access issues. So, Anna and I have met with Mr. Guho, who represents the owner, and we are in the process of coming up with something that we'd like to bring back to you, but, in the meantime, we would like you to reconsider that approval to allow us time to negotiate a development agreement. De Weerd: Okay. Council, do you have any questions? Mr. Nary, did you have something to add? Nary: No, Madam Mayor. If the Council -- only that if the Council wishes to do that, they simply probably should do that by, again, another motion, a seconded vote on that, since you did already make that direction to allow the hook up. De Weerd: So, we'd need a motion to reconsider. Nary: Yes. De Weerd: Council, any questions at this point? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Seeing no questions, I would move that we I guess approve the Public Works request for reconsideration and allow ample time for the parties to discuss and work out an agreement, as Mr. Grady had indicated. I don't know if we need to set a time, necessarily -- Nary: You don't need to. Borton: Then I won't. Meridian City Council June 19, 2007 Page 12 of 57 Zaremba: I'll second that. De Weerd: Okay. I have a motion and a second to approve the request by our Public Works Department and with the caveat, Len, that this probably needs resolution at the earliest possible time for them to move forward as well. Grady: Madam Mayor, we will do all we can to accommodate any of their schedules. So, we will push forward best we can. De Weerd: Okay. Thank you. Is there any discussion? Okay. Mr. Berg, will you, please, 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. Items removed from the Consent Agenda are none. Item 8: Request for Waiver of Fees for a Variance Application for Meridian Elementary School Sion: De Weerd: So, we are at Item No. 8. And, again, for anyone who might have come in late, we did have a couple of items that were requested to be continued. Item 14 is being continued to July 3rd. Item 17 to July 24th. And items 20 through 23 to July 3rd. We apologize if you're here tonight to hear any of those items, but they will be continued to those dates. So, Item 8 is a request for a waiver of fees for a variance application for a Meridian Elementary School sign and I believe that we had the PTA president here with us tonight and the former principal. Yankey: Madam Mayor and Members of the Council -- De Weerd: If you will, please -- Byron, if you will state your name and address for the record. Yankey: Okay. My name is Byron Yankey and the address is -- I live in Canyon County at 11223 Meadow Brook Drive. De Weerd: Thank you. Yankey: And we are here -- this is Laura Lance, she's the PTO President for Meridian Elementary School and we are here to request that you consider either waiving or reducing the fees. We have a variance request that will be coming before you in the near future to install a reader board at Meridian Elementary School. This is a project Meridian City Council June 19, 2007 Page 13 of 57 that is solely funded by the PTO for Meridian Elementary. It is a project that's taken a lot of work to gather those funds over several years with it and, you know, I'm going to tum it over to Laura Lance at this point and we would welcome any questions you might have at the end. De Weerd: Thank you. Lance: Did you guys all get the e-mail that we forwarded? Well, I have two. Basically, we are just -- the cost of the reader board is, obviously, large and so we are trying to keep all of our costs in -- in check and so we are asking if we can waive or reduce the fee to come before you, hopefully soon, and when we read the — when we read the requirements for a waiver, it said to show hardship and we are -- we can do that. Our PTO is five people. We have great parents who work very hard. Our kids worked very hard. They earned at our Mother's Day Geranium sale 800 dollars, which is now solely on hold just for this variance cost. So, we are hoping that we can spend that on books and reader of the month stuff next year and so we are really hoping that you will look at our request and know that if a hardship ever was, Meridian Elementary -- we are a Title One school, we have got about 67 percent population below the poverty line. The kids worked really hard to earn this money for the sign. So, we are just trying to really be respectful and keep all the money where it should be, not that it shouldn't be to the city, but we are hoping that we can put it towards really important stuff at the school. So, that's where we are at. If you have any questions, please, let us know. De Weerd: I would like to add to your argument. Lance: Please. De Weerd: One of the ideas for the variance is because it will be on the school itself and it needs to be viewed from the street, many of the parents cannot see it from that distance and we have a picture here for you tonight -- Anna is -- okay. I won't ask you. Nary: There is training available. De Weerd: And we need to fix that to make it easier. Canning: Yes. De Weerd: But it is -- it is being requested because of the visibility and that many of the parents will drop their kids off and not see it and the school is closed for the day and they have dropped their kids off. Lance: We have had kids at school when there was no school. It's a holiday and we have kids there and so safety issues, communication issues, pictures -- you know, half day, a lot of parents are busy and I, unfortunately, may or may not have lots of communication with the kids and we figure if they come and they see no school today, that's kind of right in their face, that we won't have kids dropped off. Or pick up your kid Meridian City Council June 19, 2007 Page 14 of 57 at 1:35, rather than 3:30, that will have, hopefully, a reduction or elimination of those kids being left at school. So, it's not only a really nice -- Canning: Madam Mayor, we need to not be talking about the variance application quite this much. It will be a future application. Lance: Yes. De Weerd: Okay. It had something to do with the waiver of the fee, though. That's right. That was a fuzzy one, uh? Any questions, Council? Bird: I have none. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: In light of the presentation and the needs and the hardship presented, I would move that we approve the request for waiver of fees for the variance application, again, making reference only to the waiver of fees and not the variance application itself. Bird: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Mr. Berg, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 9: Request for Reconsideration of Denial of Rezone and Conditional Use Permit for Bellabrook by J.E. Development, LLC: De Weerd: Thank you. Okay. Item No. 9 is a request for reconsideration of the denial for rezone and Conditional Use Permit for Bellabrook by G.E. Development -- J.E. Development. Is that representative here? Staff? Anna. You do have a letter in front of you, Council, and I have invited Shawn up in case you have any questions that you have of the applicant, any further information, or explanation of any content in the letter. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I don't think I have got a question of the content of the letter of -- and I can tell you I'm supportive of the request to reconsider and having seen it come in, I did want to -- speaking for myself, apologize both to you, Shawn, and Ross. I think it was an Meridian City Council June 19, 2007 Page 15 of 57 awkward situation -- at least an awkward situation from the way I saw it and public meetings are closed and, then, there is discussion and there was a desire on your part to try and add additional information. Whether it was after the fact, I think, from my perspective, I would benefit by giving you that opportunity to present it, not necessarily telling you what success that may or may not have, but I think you should at least be afforded the opportunity to address some of the concerns, at least I know I raised some after the hearing was closed and I apologize that we took an opportunity from you guys to address those. So, I'm willing to give the opportunity to grant a reconsideration and hear how some of these issues can be addressed. Your letter makes reference to the ability to do that, so -- Nickel: Appreciate that. Borton: That's my thought on it. De Weerd: Okay. And I know Councilman Rountree was not here, so I'm sure you don't have any questions. Okay. Rountree: Too many for the time we have left this evening. Canning: Madam Mayor? De Weerd: Yes, Anna. Canning: I wanted to also say I supported the reconsideration and that I would like the opportunity to address some of those concerns that were raised after the Public Hearing was closed as well. De Weerd: Okay. Thank you, Shawn. Nickel: Thank you. De Weerd: Council, then, do I have a motion? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I would move that we approve Item 9, the request for reconsideration of the denial of the rezone. De Weerd: Do I have a second? Bird: I'll second it to get a vote. De Weerd: Okay. I have a motion and a second. Any discussion? Meridian City Council • June 19, 2007 Page 16 of 57 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just a question. If my recollection serves me correctly, the motion that was made for denial I believe I voted against, which means I cannot propose such a motion at this point, but I need to ask Mr. Nary can I vote? De Weerd: Yes, can you. Nary: Madam Mayor, Members of the Council, Councilmember Zaremba, you could have seconded the motion if you wished and you can vote, you just couldn't make the motion. Zaremba: Couldn't make the motion. Okay. Thank you. Rountree: May I vote? Nary: If you feel that you have enough information to vote, you can. De Weerd: Okay. Any further discussion? Berg: Can I vote? De Weerd: You can't vote, Mr. Berg. Berg: Okay. Roll -Call: Bird, yea; Rountree, abstain; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSTAIN. Item 10: Findings of Fact and Conclusions of Law for Denial: RZ 07-006 Request for a Rezone of 4.38 acres from an R-8 to an R-15 zone for Bellabrook by J.E. Development, LLC. — 300 South Locust Grove Road: Item 11: Findings of Fact and Conclusions of Law for Denial: CUP 07-005 Request for a Conditional Use Permit approval for multi -family residential use in a proposed R-15 zone for Bellabrook by J.E. Development, LLC. — 300 South Locust Grove Road: De Weerd: Okay. Thank you. Item 10 is Findings of Facts and Conclusions of Law for the denial of RZ 07-006. Mr. Nary. Meridian City Council June 19, 2007 Page 17 of 57 Nary: Madam Mayor, Members of the Council, since you have granted the reconsideration and that will be done at a later time, you can simply vacate these Findings and you can do them jointly, 10 and 11 together. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we vacate the Findings that are Items 10 and 11 on our agenda tonight. Bird: Second. De Weerd: Okay. I have a motion and a second. Mr. Nary, can I do that by voice vote? Nary: Yes. Yes, you may. De Weerd: All those in favor say aye. Thank you. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 12: FP 07-018 Request for Final Plat approval for 1 multi -family building lot on 10.103 acres in an R-4 zone for Selway Apartments at Lochsa Falls by Meridian Apartments, LLC — North of McMillan and west of Linder Road: De Weerd: Okay. Item 12 is final plat for 07-018. Anna. Canning: Madam Mayor, Members of the Council, we do have a letter stating that the applicant is in agreement with the conditions of approval. The final plat substantially complies with the approved preliminary plat and to our knowledge there are no outstanding issues before Council. De Weerd: Okay. Is there anyone here regarding this item on the agenda? Okay. I just want to take a moment to explain -- a final plat does not go through the public process. It was approved in 2002, so this is more of a procedural type of thing. In order for them to move forward they would have to file for a Conditional Use Permit. They haven't at this point. A Conditional Use Permit is a Public Hearing and it would be posted on our website. I'm sure we have a mailing list at this point, so we will work and instruct staff to make sure that that list is notified of when that date is set. Okay. And I do understand -- yes, Mr. Berg. Berg: Madam Mayor, the process would call for the normal mailing and posting of the property and a notice in the newspaper. So, just the regulatory noticing requirements would be followed. Meridian City Council June 19, 2007 Page 18 of 57 De Weerd: Okay. Berg: And I'm sure the people and the neighbor's property would be notified. De Weerd: I would still like to add anyone we have already sent correspondence to to that. Nary: Madam Mayor, I believe we have an address list that we can provide to the Clerk's Office of the correspondence that was sent out last week. I think what Mr. Berg is wanting to avoid is some person claiming they should have got a letter and they didn't and, therefore, they didn't get notice. Legally we are required to provide the notice as he explained. We can attempt to provide whatever other information and addresses we have to those people, but it wouldn't be the lack of notice if we had missed one of those people, as long as -- we have to comply with the statutory requirement. We will provide the Clerk's office with any other additional addresses that we have. De Weerd: Okay. And I think we could probably add that to the face sheet that we are adding additional mailings from contacts that we have received to date, to clarify that. Berg: Yes, Mayor, that's fine. I just want to make sure we are going to meet the requirements of the statute and whatever additional we can do. De Weerd: And you will go over and above that, then? Berg: Madam Mayor, my office always goes above and beyond the requirements. De Weerd: I agree. I agree. Zaremba: Madam Mayor, I -- De Weerd: You are so right, Mr. Berg. Yes, Mr. Zaremba. Zaremba: I'm just wondering if included in the above and beyond attempt to contact people, that people send in by e-mail with no mailing address, are we going to attempt to notify by e-mail? We are stretching beyond the -- De Weerd: I think whatever means that we have to date is the method we would use. Bird: Madam Mayor, I think -- I think we are getting way out of boundary. I mean each one of us got individual e-mails from people that isn't even counting that, and I feel that we are complicating it. As long as we stay in the statutes and the ones that did send letters and stuff, let's get a list, they go back out, and I think we have more than stepped up to the plate. 1] Meridian City Council June 19, 2007 Page 19 of 57 0 De Weerd: Well, we will make every attempt, those who have already notified us, to keep them informed. And I would like to also clarify, there is only one here in our audience, but -- two, three. Any comment that was associated to city officials and due diligence was not provided by any of the city officials. So, it was an interpretation and if anyone was offended by that, we certainly apologize. With that said, Council, this is in compliance with the preliminary plat, the recommendations, and comments by staff, are -- we have a letter accepting those. Do I have any discussion? If I don't have discussion, do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I will make a motion, but prior to making that motion, this particular process and this particular project has opened some areas of question in my mind as to the process and the validity. The process, to some degree, is established by statute. We are following the state statute in that regard and it seems to me that -- that if, in fact, the final plat is in compliance with what was approved in 2002, why, again, do we have an approval, as opposed to check. Having said that, there is also an issue as it relates to time and development from approvals made by past councils that now reside with new Planning and Zoning Commissions and potentially any council and the ability of the new council to deal with a decision of a previous council. If it were a fiscal matter, we would not be dealing with this issues, because a fiscal decision previous cannot be -- cannot bind a future council. But a land use decision, apparently, does bind in some degree future councils and future planning and zoning commissions. I think it's something that we need to explore in some of our planning and workshop sessions as to how do we maybe flex the system to make it more sensitive to these kinds of issues, because, in fact, it is not sensitive to them at all. Having said that, I would move that we do approve the final plat as submitted, since it is in compliance with the previously approved preliminary plat. Bird: Second. De Weerd: Okay. I have a motion and a second, but comments prior to that, counsel -- that's city attorney counsel, do you have any comment to that? I guess in our new UDC we have put time restrictions on some of this, but I don't know if that deals with planned developments in a number of phases, because these phases have been coming in as -- as outlined. So, any comments from either Mr. Nary or Mrs. Canning? Canning: Madam Mayor, Members of the Council, the Lochsa Falls Project, as preliminary platted, has maintained the proper phasing plan to keep this project alive. The action taken tonight is just to create the lot. It doesn't approve anything on that lot, it's just the last lot -- or maybe second to the last lot that has not been platted as part of Lochsa Falls. Nary: Madam Mayor? Meridian City Council June 19, 2007 Page 20 of 57 De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I mean I think Councilmember Rountree has, you know, hit on a good point. I mean I think it's a worthy discussion point at a workshop with the planning staff and maybe the P&Z Commissioners as well. You know, the problematic issue, which I think you're all aware of, is that in all developments -- and this isn't anymore unique than any of the other developments we have seem that are phased, is they are driven by the market needs of the community at the time. Some develop faster than others. Many that are anticipated to take ten years, take five. Some that are anticipated to take three take eight. You know, it's very difficult I think from a development agreement perspective and from a legal enforcement perspective to try to put very strict rules into that if you're going to allow the market to play that out. But I think It's worth a discussion of the concerns that we have had and this one isn't like some other projects that you have seen before this Council, that they have come in and acquired the entitlements and no action has taken place and the property has laid bare for a number of years sometimes without any progress. This particular project has moved along in phases, as was proposed back in 2002. So, it's not quite -- quite as bad as some of the others, but I think it's still worthy of that discussion at a future workshop of how do we assure either the information is available to the public, that it's maybe more visible to the public, that there is opportunities to revisit it if nothing is -- if it isn't getting phased in properly, it isn't happening, there is an option to revisit that. I mean I think all those things are worthy of discussion. Again, this particular one may have brought it to light. It doesn't necessarily have all of those things, but it certainly is something worth talking about in a future meeting. Canning: And, Madam Mayor, Members of the Council, a couple of other points. I think what has been particularly frustrating for these residents is that -- residents surrounding this project, is that the zoning maintained the R-4 zoning of the entire PD. It's when the City Council and -- well, staff was not asking the applicants to put the appropriate zoning on that, rather than just the overall planned development zoning. So, all of Lochsa has the R-4 zoning. We have asked them to go back on their office portions and get L -O zoning and they have been willing to do that. That hasn't happened on this piece of property. The other planned developments that I'm aware of that have the apartments, namely, Paramount I know got some townhouses approved conceptually and also some apartments. But that does have R-40 zoning on it. So, that people can come and look at our maps and see that it's zoned for high density residential and I think it's just more transparent the way we are doing things now with regard to that, rather than having -- maintaining it kind of uniform on the whole PD. So, I think that's been particularly frustrating for folks. So, we are moving that forward that way. The planned developments that we do now are just -- we are not having every -- every project be a planned development, so you're not seeing that as much. The other thing is that Council is now doing development agreements with almost every annexation that includes something other than single family residential. So, we are trying to get it in that manner, too. So, I think we have moved forward, so that these kind of concerns and surprises don't happen to folks, but we can certainly talk about other ways. Meridian City Coundi June 19, 2007 Page 21 of 57 De Weerd: Yeah. It's hard to come up with a solution of how best to inform and I guess with our commercial development we started signing a future development and maybe it's even assigning, but, I don't know, it's one of the topics for discussion. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Not to add an additional wrinkle to this, but if we are proposing topics for discussion on this subject, this is one of the examples of -- at the time before approval it went through the entire process, which included public hearings. Those public hearings had all of the legal notice. But as with other projects, when you have a large project like this, even though it legally had a pathway of annexation, when we notify by putting a sign there, by putting it in the paper, and by notifying all of the other registered property owners within 300 feet, if my recollection is correct, at the time that all of the owners within 300 feet of this project were notified, there were probably only six people that qualified for that, because it was out in the country. Consequently, I have raised for discussion earlier and during the discussion about the Unified Development Code whether or not we can legally go beyond Idaho statute requirements and say if within 300 feet we have not notified at least 40 people, can we expand that radius until we have notified enough people to really feel like we gave notice about the Public Hearing. Don't know if that's the right way to put it, but there are cases where, yes, we did all the process, but there weren't that many people notified. De Weerd: Well, there are cases where we went above and beyond, but it wouldn't help in this case, because those houses didn't exist, and so, you know, it doesn't fall in this one, but it certainly is a discussion item to add. Write it down. Zaremba: Thank you. De Weerd: Okay. Anything further for the Council? Mr. Berg, we do have a motion in front of us to approve this final plat. Will you, please, call roll. Roll -Call: Bird, yea; Rountree, abstain; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSTAIN. De Weerd: We do understand there is a neighborhood meeting this week and we will ask the -- ask the organizer if we could add a planning member to just talk about process. We do understand that the property owner or applicants representative -- it's not even an applicant, but whoever is making a proposal and doing a neighborhood meeting and we would like to -- we are proposing to that applicant that we have staff over there just to talk about this process. And so I believe that our director has talked with their representative. Thank you. Meridian City Council • • June 19, 2007 Page 22 of 57 Item 13: FP 07-016 Request for Final Plat approval for 26 single-family building lots and 6 common lots on 5 acres in R-8 and R-15 zones for Arch Rock Subdivision by CTD Development — south of McMillan Road and east of Linder Road: De Weerd: Okay. Item 13 is FP 07-016, request for final plat on Arch Rock Subdivision. Canning: Oh. Sony. I'm song, ma'am. Baraya -- no. Arch Rock. We have a letter from the applicant stating that they are in agreement with the conditions of approval and to our knowledge there are no outstanding issues before Council. De Weerd: Counsel. Do I have a motion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve the final plat 07-016, Item 13 on our agenda. Borton: Second. De Weerd: Okay. I have a motion and a second to approve Item 13. All those in favor say aye. Okay. Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 14: FP 07-017 Request for Final Plat approval for 29 townhome building lots, 7 commercial building lots, and 8 common lots on 6.29 acres in TN -R and C -C zones for Harks Canyon Creek Subdivision by Franklin Centre, LLC — 1845 West Franklin Road: De Weerd: Okay. Item 14 has been requested to be continued to July 3rd. Rountree: Madam Mayor, I move that we continue Item 14 to July 3rd. Bird: Second. De Weerd: Okay. I have a motion and a second to continue Item 14 to July 3rd. All those in favor say aye. Thank you. MOTION CARRIED: ALL AYES. Meridian City Council June 19, 2007 Page 23 of 57 Item 15: Continued Public Hearing From April 3, 2007: AZ 06-061 Request for Annexation and Zoning of 95.57 acres from RUT to R-8, R-15 and R-40 zones for Barava Subdivision by RMR Consulting, Inc. — 3935 West Franklin Road and 280 South Black Cat Road: Item 16: Continued Public Hearing from April 3, 2007: PP 06-062 Request for Preliminary Plat approval of 118 single-family building lots on 26.41 acres in the proposed R-8 zone; 216 single-family building lots on 38.26 acres and 1 school lot on14.98 acres in the proposed R-15 zone; 2 multi -family lots on 13.01 acres in the proposed R-40 zone; and 30 common lots for Barava Subdivision by RMR Consulting, Inc. — 3935 West Franklin road and 280 South Black Cat Road: De Weerd: Items 15 and 16 are continued public hearings from April 3rd. I will open these two items with staff comments. Canning: Madam Mayor, Members of the Council, this is the Baraya project. It's located on the south side of Franklin Road, on the east side of Black Cat Road. This is a continued Public Hearing, but it's been since April, so I'm going to give you a fairly good background on it. The applications before you tonight are annexation and preliminary plat. The Comprehensive Plan designation is now within the Ten Mile Specific Area Plan and they include a school site or civic use, green space, and park land. Medium density residential, medium high density residential and high density residential. I think I have got that shown on that figure. The development includes annexation and zoning of 95.57 acres to R-8 and -- there is a total of 95 acres. I'm song. 28.17 acres will be R-8, R-15 will be 54.13 acres, and R-40 will be 13.26 acres. The applicant has also submitted a preliminary plat for the subject property, which proposes 334 single family residential lots, 28 common lots, and one school lot within the proposed R-8 and R-15 zones and, then, two multi -family and two common lots are also proposed in the R-40 zone. The R-40 zone is on the east side of the property, those two large lots. The school is, obviously, on the west side of the property. Access to the site is proposed from three public streets that connect to Black Cat Road, one of them does, and Franklin Road, too. So, there is the main collector coming through. There is also an access here that would somewhat indirectly tie into the school property and there is a portion of a collector roadway going out to Black Cat. Thirteen acres or 16 percent of the site is set aside for open space. There is also a multi -use pathway, landscaped parkways, and a 25 foot landscape buffer along South Glen Canyon Drive, that main entrance coming in. And two community park areas, which include a pool, with changing rooms, and tot lots are proposed as amenities. I have some pictures of those tot lots as well. The gross density is 5.16 units per acre and that's for the residential properties in the R-8 and the R-15 zone only. It excludes the school site and the future multi -use -- multi -family dwellings in the proposed R-40 zone. We have several elevations. These are some analyses that I will -- just so you know they are here and so the applicant knows that they are included in the presentation. I think the applicant will go over some of these in more detail. Okay. But here are some of the -- some of these are photos you have seen before with -- with staff's annotation beside • Meridian City Council June 19, 2007 Page 24 of 57 • them and some of them toward the end I have got some new proposals as well. These were some of the single family product that you saw. The top two were supported by staff. Staff was concerned on the bottom one, because the entry was not visible, it was recessed. Again, on this one, too garage dominated. Staff supported one where the garage didn't overwhelm the entire front of the house. And this one was not quite as good as the one on the left. This is a new elevation provided by the applicant. Again, what he's done is pull this porch forward, so that the front plane of the house is not the garage, it is the porch feature. There is a note here, marginally supported by staff. It's kind of meeting some of that attempt, but -- some of the desire to move the living area forward by moving the structure forward, but there is still no living area there. Here is some more elevations. Again, staff was primarily looking at the domination of the garages on these elevations. And I will let the applicant talk about this one. This one you will see the revision to this one. Note the porch here behind the garage and, then, I think the next one -- here we go. You see they have been brought forward again to break up that plane and to have those garages recessed a bit. These are some examples provided by staff of some townhomes, just noting that on these the front plane of the house, the living area, is in front of the garage and I think we just wanted to provide what we were comparing these to when we were asking the living area to be pulled forward. These are some of the alley -loaded product. Again, staff was supportive of those. Again, we were mostly looking at garage domination and we don't have that on the alley loads, so -- I'm going to summarize the Commission's hearing, just to refresh your memory. I'll try and be brief. And, then, I'll go back and I'll summarize your own hearing from April. At the Planning and Zoning Commission hearing Matt Schultz, the applicant's representative, spoke in favor of the application. There was no one in opposition or commenting, but we did get written testimony from Larry Woodard, the minister at Cherry Lane Christian Church. Key issues of discussion by the Commission were providing quality building exteriors to include stucco, stone, and brick. The applicants proposed that the high density portion should be subject to the Ten Mile specific area design guidelines in lieu of the application -- applicant generating those guidelines. And they also discussed trees adjacent to the Perdham Drain, which is in the center of the property -- or angles across the property, if that were allowed by Nampa -Meridian Irrigation District. The key Commission changes to staffs initial recommendation were to require the applicant to construct products with quality exteriors, to include natural appearing materials in architectural detail, including, but not limited to, stucco, stone, and brick and I think that you have seen all these elevations do try and incorporate a fair -- those details in them. Not requiring the applicant to provide or develop design guidelines for the multi -family portion of the project, that those issues can be addressed through the CUP process, as all multi -family projects must prepare CUPs. At your own hearing on April 3rd, Matt Schultz and Kent Brown, the applicant's representatives, spoke in favor of the application. Steve Moore spoke in opposition. No one commented and there was no written testimony. The key issues of discussion by the Council were discussing the question of does the proposal meet the city's goals for minimizing access to arterials while still conforming to the transportation for the Ten Mile area and staff would suggest that the answer to that question is yes. And he also discussed the signalized intersection on Franklin for a future collector that is to be located near the east property boundary at the Baraya Subdivision. And that was Meridian City Council June 19, 2007 Page 25 of 57 initially shown as a -- or still shown as a collector on the east. Property will be set aside for a school on the site. However, at present the school district is unsure of the timing in construction of that school. Pedestrian pathways within the subdivision for future children to access the school. And he also discussed that the applicant provide alternatives to the submitted garage dominated single family and townhome products and I tried to go over those briefly, continuing the Public Hearing until such time that the Ten Specific Area Plan is adopted by Council. There are a number of kind of clean-up outstanding issues for City Council based on some of the past hearings. I will go ahead and read them now and if you would -- if when you're making a motion you just want to reference back to those, I can -- I can provide written comment in your packet. Condition 1.17 references 315 building lots. That number is incorrect. The plan proposed 334 lots. So, that condition of approval should be modified to reflect that. Condition 1.1.12 should state that the required landscaping and sidewalks are to be installed along the arterials corresponding with related phase and the development agreement should also be modified to reflect that change. Condition 1.1.10 should state that the applicant has to comply with the approved elevations and design standards as outlined in the staff report, as well as any additional standards established by Ten Mile interchange specific area plan. The DA should be modified to reflect that change. There is a question of -- for the Council of whether the elevations for the proposed residential structures, the single family, townhouse, alley loaded, et cetera, are acceptable. Staff has included the elevations proposed at the previous Council hearing in the staff report. The applicant recently provided additional townhome renderings, which I have shown you today. The applicant provided staff with additional residential design guidelines to be included in the proposed development agreement, which staff supports. And the applicant provided staff with proposed residential setbacks for the development. While most of those setbacks do meet the city standards, some do not, and staff recommends that the Council require the proposed development to comply with all the UDC setback requirements for the respective zones. You don't have a vehicle before you tonight to allow a reduction in those UDC standards. There is not a variance and a variance wouldn't be appropriate and it's not a planned development application before you tonight. With that I will take a breath and answer any questions Council may have. Or Mayor. De Weerd: Council, any questions? Rountree: After three times I don't have any. Canning: This has been before you a number of times, yes. Zaremba: Madam Mayor and Director Canning, one of the topics that was discussed, if I remember correctly, was a sidewalk along Black Cat, which I believe some of which was off site. It was in the original staff recommendation and I think in the Planning and Zoning Commission's recommendation for approval they asked for that and the applicant was not enthusiastic about that. Am I remembering that correctly and, if so, where do we stand on that? F- L -1 Meridian City Council June 19, 2007 Page 26 of 57 • Canning: Sir, I don't know. I don't remember that conversation myself, but I was not at your last hearing and I wasn't at the Planning and Zoning Commission, so I wasn't aware that was an issue. I would have to go back and look at the minutes. Zaremba: Okay. Canning: I'm song. Zaremba: And I may not be remembering it correctly, but I think it had something to do with access to the school. Canning: Most of the -- there is -- the properties to the west of the school will not have children there. They are all commercial properties. the residences in the area would come from mostly this -- mostly to the east -- Zaremba: Internally. Canning: -- and to the north. They could come down to the upper portion of the site, but if they were coming down Black Cat there would be a section of roadway there. And I know that that has been a discussion before, I just wasn't aware it was an issue that had been raised with this one. Zaremba: Thanks. De Weerd: Okay. Anything else at this point, Council? Bird: I have none. Rountree: Hear from Matt. De Weerd: Okay. Matt. Schultz: Good evening, Mayor -- Madam Mayor and Council. Matt Schultz with RMR Consulting, 2127 South Alaska here in Meridian. It's good to be back once again. What month is it? I had to refresh my memory, too. Thanks, Anna, for getting me up to speed again. It's been awhile, but I am happy to be back to present the Baraya Subdivision. The last time we left off, the Ten Mile Specific Area Plan was still in process, still moving forward, on yet to planning commission and not yet to this -- this body and since, then, it was a good projection of how long that would take and we have gotten through that now and do have a full consensus of the specific area with respect to the new Comprehensive Plan, which we meet, which I would hope so, because we did participate in that very closely and we are a stakeholder in that planning process and we were working back and forth through that and what we have come forward with you tonight meets that plan. So, with regards to that, I'm not going to get too much into the layout and the density and those things that we meet the Comp Plan exactly on. Where we left off last time were some fairly minor issues, in my mind. There was some Meridian City Council June 19, 2007 Page 27 of 57 architectural concerns. There was a few questions about pedestrian interconnectivity and I'd like to address those -- those issues specifically and, then, open it up to any -- any other questions and say that we are in full agreement with the staff report and all the items in addition to Anna's suggested revisions and look forward to hopefully incorporating all those into a development agreement with Mr. Nary, if we can move forward. I would like to start with -- with just an issue on the setback summary that Anna mentioned that the variance -- we are not asking for any variances. If there is any mistakes in what we submitted, it was a mistake, it wasn't to the intent, it was just -- the intent would be to attach this to a development agreement, so everybody can see the builder, city, exactly what the setbacks are for alleyways, for the townhomes, and I did submit -- I asked staff what was wrong and it was fairly minor. There was one of them that was -- that was mislabeled and that was all that was. So, I would like to submit for the record what we do propose to be incorporated into the development agreement, subject to staffs final approval that it meets UDC and we believe it does and so I would like to go ahead and -- it follows exactly what it says, but we are going to put it on, so I will give that to Will. It's dated June 15th on the bottom for the record. Also, if we can go to the overall site plan, Anna, please, the landscape plan, so I can cover some of the -- I remember Councilman Borton asked about a pedestrian interconnectivity to the school, which we do have off -- off the street along the south end here. As far as a sidewalk along Black Cat, it was only our intent, but say we do this phase here, there would be a sidewalk here. We wouldn't have to do sidewalk over here if we are just starting here. That was the intent, just to clarify that the sidewalk would be put in when - - when that section of the site develops, that was -- that was the issue on sidewalk on frontage. The original development agreement was a little -- our condition was a little vague on that issue. We do have exceptional pedestrian interconnectivity. A regional pathway here that we have worked it out with the fire department and the parks department on width. We will put extra trees -- this isn't showing it, but we are going to put trees at the back of the lots along here. We do have room for that. And so we have good pedestrian interconnectivity in the future -- future mixed use to the south, which is exciting to me, that people won't have to go out onto the main roads, they can get -- they can, hopefully, do everything they need do in this area, go to work, do some shopping, eat, whatever. Go to school. As a mixed use regional, which we are one component of that, one area that -- and also kind of going back to the hearing we had earlier about separation between higher density and lower density, we purposefully put this collector road here as a separator between those two -- those two uses. So, that was an intentional separator, it's not back up -- maybe apartments, too. Single family residential. So, I think it's a good layout. We have good -- good regional interconnectivity through these collector roads, to the future main road that goes east - west down here. We connect north -south. So, we do have -- have that, a good layout. We have a good mix of lots. Not every lot is for everybody, but we believe we have got a good mix to where we are going to be able to appeal to a large demographic of people that may want to live in this area -- this new area of town. I'll jump right into the architecture, which is my least favorite thing, since I'm not an architect, I'm a civil engineer, but it is very important that we talk about it. It is something that we do commonly now in all of our agencies. It's become more important that we do talk about it. These are some pictures that we took for our last hearing that staff commented on Meridian City Council • June 19, 2007 Page 28 of 57 and the dominate comment that we could see was where we had a recessed entryway where the garage looked like it was the only thing sticking out there, that seemed to be the negative comment if you looked at all of the comments where staff didn't support it. We retained an architect to do some of the renderings initially and, then, also some of the revisions. I do apologize, it took so long to get them into you, it's just so hard to get these architects to get them done. But we did get them done and one of the things that we wanted to do, besides nice renderings, I think more importantly, I think these renderings could be in a development agreement, saying here is what we like, here is what we don't like, but what we all want to hang our hat on -- I say we meaning RMR Consulting, who is a citizen of Meridian and a representative to you and you, is to have some guidelines, some written guidelines that we can hang our hat on. Hard to define. Some things we like and don't like. Let's at least get -- let's get the big things out there in writing, so as we move forward we have got some parameters to deal with and for us we took some guidelines that staff gave us back in January, they gave about five of these to use and we -- and I said, look, we can do better than that even, let's throw some more in here, let's put a minimum square footage, let's talk about the front plane, extending the entryway to the front and I have some revised renderings that show that, how we bring the entryway to the front or passed it to really have some more architectural flare, something more appealing, something to draw the eye away from the garage, which, let's face it, we have these big wide roads and people want to pull in that way, but we do have 20 percent of our site alley loaded, which, obviously, there is no garage, so that was our -- we didn't have that going into the planning commission, so we added that going into the Planning Commission, we added the alley, 20 percent alleys, we have since made sure that we brought forward say issues like this where you have a pretty narrow house with a three car garage, there is a lot of garage, and your entryway is way back, we are saying we will introduce it to the development agreement, saying you can't have this, we need to pull this forward, but there is some good detail on this. I mean it's not a bad looking house. I mean it does have a garage in front, but I would -- I would say there is a lot of them out there that I wouldn't buy and I would -- this one is an appealing looking house. So, what we have provided -- I hope this is in your - - in the record -- was some Baraya Subdivision design guidelines June 11th, 2007, items one through nine. Those are what we would propose -- we proposed to staff and staff said, yes, we agree with that and it goes through the eaves, the minimum square footage, the materials, the entryways coming forward and providing a variety of design, because I think -- we did show pictures, we may be limiting ourselves to things we might like and kind of takes away some of that freedom. So, what we want is some guidelines to operate within. So, I would propose that we do introduce all these renderings into the development agreement, with the staff comments, as well as these design guidelines. I don't know if you have had anything like this before. I've never proposed something this detailed before. I would hope you see it as a step forward in how we provide for some architecture -- I won't say control, total control, but guidelines, you know, is a good word, because I don't think we are going to get into a committee of five to decide what every house is going to look like in all 334 lots and that would be a little cumbersome procedurally. But at the same time we know what we don't want. So, you know, with that I think -- obviously, we have put a lot of time and effort in this. We have -- I want to represent something that we can all look back on and say, yes, it was good, yes, it was E Meridian City Council June 19, 2007 Page 29 of 57 a good plan and there was some good architecture controls there. And for myself and for your sake and for everybody's sake that lives in Meridian. So, I'm happy with the result. I know we can't please everybody with what we have and I think we are at a 90 percent level, I hope, which is pretty dang good. So, with that I will stand for any questions. De Weerd: Council, any questions? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Anna, could you go back to the site plan? And I believe I know the answer to the question, but I just want to state it on the record, that your proposed boulevard between the two densities is consistent with the arterial layout that is proposed in the Ten Mile Comprehensive Plan. Schultz: Absolutely. There is one minor difference, the Ten Mile plan shows a collector coming in right here. This could move. We shown it bisecting it, there is some flexibility in that, but the intent was that, yes, north -south is exactly where we show it. Canning: Councilmember Rountree, you said arterial. It's just designated as a collector. Rountree: That's a collector. Canning: Yes. Rountree: That feeds into the arterial. Canning: Yes, sir. Schultz: And to that point we are -- ACHD has asked that we contribute half of the intersection signalization cost and we have agreed to that on a pro -rated basis whenever they decide it's appropriate to put that in. De Weerd: Council, any other questions? Bird: I have none. De Weerd: I guess, Matt, I do. One of the -- I guess challenges of being the first one in to a pretty specific area plan is the discomfort that we haven't thought everything through yet and we are still working on design standards, I believe that we have a person hired next week or maybe last week, but hasn't started yet, and that's been a Meridian City Council June 19, 2007 Page 30 of 57 0 real goal for this area is to have that. I do appreciate the work you have done with staff on that. I guess some of,the things that I did hear you say and I don't know if staff talked to you or if you have considered it, is the view corridors and in looking at the narrow, skinny houses, you have a very flat back -- you know, I don't see any rear elevations, but, of course, those are concerns, because houses have gotten closer together, that there is a wall of house and that has been an item that we had wanted to have addressed through some of those design standards and how to start breaking that wall up and I don't know if you had considered any of that. Schultz: If I may, Madam Mayor, respond to that. Yes, it is a challenge when we are -- believe me, we were told to put higher density in here. I mean -- and you're balancing out a higher density and do we look at the rears and, then, that thought did cross my mind, however, nowhere in those design guidelines was it suggested that we do so, however, I would offer up, especially along -- along here, which these are townhome lots, that we could have some kind of review of staff of that back elevation that will be two story along there. I think that would be your view corridor that you may be talking about. Maybe -- maybe Franklin. De Weerd: Well, yeah, on Franklin. Schultz: Franklin we have -- we have some of the narrow lots. These are more of your standard 50 foot and 60 foot lots all along here. We do have wide landscape buffers, but at the same time we are -- we have always said we want to work with staff as best we can to make this a win-win and something we are all happy about. That has never been brought up specifically, Mayor. But it is something that can be placed in the development agreement to work with staff on rear elevations along here and we can -- and along here we can absolutely, positively, do that. De Weerd: Okay. And I don't know if you were here during a discussion of a final plat that we had earlier on our agenda, I do see that you don't have much information on the multi -family and because it is in a later phase and knowing what we know today, do you have ideas of how you might be able to -- if this is improved -- approved and they start phasing it in, to let future and potential homeowners know there is a multi -family piece to your development? Schultz: I have a great idea and I don't know if it meets your support, but when I worked in Las Vegas seven to ten years ago, this same issue came up where it's rapidly developing mixed use developments and people bought and said they didn't know and realtors didn't disclose it to me and, you know, it's the same story, I've heard it, you know, and as an engineer the city of Las Vegas had us do a little zoning disclosure map that they committed to. It was, actually, enacted into state law, I think, because they had so many problems with it it was so big down there. But I would commit that we would -- we would commit in the form of a development agreement to put that into our CC&Rs, to put that in there that we disclose to the buyer that when they buy this, a single family residential home in here, that they acknowledge that there is R-40, with the potential of 16 to 25 units to the acre. I mean that's what R-40 allows. I do not know Meridian City Council June 19, 2007 Page 31 of 57 what exactly will go in there, maybe 16. Either way, somebody may not be happy, but let's just say in this area I think we all acknowledge it is a little bit higher -- a little bit higher intensity, more of a people that might be more willing to -- to allow apartments in this area, knowing that it's a commercial area, it's a mixed use area, so -- but I would still suggest that we absolutely do put that in there, just for our own future benefit, as well as the city's, that whenever anybody buys a lot they acknowledge that that is R-40. De Weerd: Now, will that carry beyond the first home buyer? Schultz: Every single home buyer gets a set of CC&Rs when they buy in the subdivision. Every single one of them, first through the last. De Weerd: Okay. Schultz: And that would be what I would suggest. De Weerd: I guess I have a final question before we open it up for any further comment. You know, I like your layout, the connectivity, and I still have concerns on if it's premature and, again, I think you have flushed out a lot of the design issues and those kind of things, but we are in a -- in the next several years I think this area is going to be hit by a lot of traffic as the improvements are done on 1-84, Franklin Road is one of the alternative routes. Franklin Road from Ten Mile to Black Cat and Ten Mile to Linder are still under preliminary development, because they were unfunded and that is a concern. Schultz: May I speak to that, Mayor? De Weerd: Uh-huh. Schultz: It's a concern of mine as well. I have been through the intersection of Ten Mile and Franklin at different times of day and depending on what time it can really back up four way. I remember talking to Mr. Inselman last year when this was first going through saying, hey, Gary, when is that intersection going to get redone and I think at that time it was 2007, 1 think because of an easement issue what they were going to do is do the whole intersection and, then, go Ten Mile from Cherry to Franklin and improve the Franklin - Ten Mile intersection with a signal. That's since been bumped back to 2008. We won't have our first houses online until 2008 with where we are at today, so I think the timing is good for that intersection, which is a concern of mine. And, then, beyond that the road as it sits has -- has capacity until we can get it widened out. But that intersection is the big deal in that area and that is getting -- it is on their work plan 2008. And maybe Gary can talk to that. I don't want to speak for him, but that's what I have seen on some maps and stuff, so -- De Weerd: Okay. Well, thank you, Matt. This is a Public Hearing. I would invite anyone who would like to provide testimony on this application to come forward. Okay. 0 Meridian City Council June 19, 2007 Page 32 of 57 n No one has signed up, but I would like to offer that opportunity. Okay. Council, any further questions for staff before I ask the applicant if he has any final comments? Okay. Bird: I have none. Rountree: I have none. De Weerd: Okay. Schultz: Unless you have any questions, I think I will sit. I was talking to Anna. I'm sorry. De Weerd: I think that -- I don't see Council having any further questions, so no final remarks? Schultz: No. I'm here to answer anything you have. Thank you. Canning: Madam Mayor? Schultz: Oh, Anna -- Canning: No. No. It's your show. Borton: Matt, I'll make my comments now to give you a chance to respond. One of my initial concerns, obviously, regardless of what the project proposed, was to allow that Ten Mile plan to be reviewed and come to Council, obviously, before this application was heard, that that makes the most sense. I have, since that time, sort of recognized from my perspective a grave concern of Meridian becoming an inch deep and a mile wide and when I look at this proposal and the impact on traffic, schools, our sewer, police, fire -- you're well aware we have heard and reminded again tonight that the police department still has vacancies it can't fill and an application of this magnitude, in light of the lag that our city is faced with in being able to provide so many of these essential services -- transportation -- I don't know if I included growth in the laundry list of concerns. I love the project and I love what you -- you've done everything you can to make it as appealing as possible. My concern is that we are not ready. I want to close that gap, I want all of these different types of services to catch up. That's the general concern I have. I'd invite you the opportunity to respond. Schultz: Absolutely. I mean that's a very valid concern, as we have been in a high growth mode for a long time and how do we keep up on a tax base, wage base, with all of our emergency services, road service, sewer services, and things like that. I could say this is a very -- this is a long multi-year project. As big as it looks, it is -- because we have a bigger piece of property and it is going to be phased over several years -- be phased in as the market allows. I think the most we'd do -- maybe 80 homes a year, so this is probably a five year project. We have -- we have worked closely with the school Meridian City Council June 19, 2007 Page 33 of 57 district and have a school set aside. As the first project south of Overland Road, it has a school. So, I mean at least we have defined that. Sometimes that's not always the case. As far as transportation, we worked really close with ACHD to be proactive and say what can we do to help. You know, just tell us as a developer and we do whatever we are told to do at that time and if it's extraordinary impact fees, we are open to that. We are open to any workable solution to keep things moving forward. As far as sewer service, I know that's an issue that -- I mean as far as having the ability to connect, we have it going to the site already, so -- and water and utilities are all right there, so there is not a burden in that respect in terms of extending city services with respect to the water and sewer. As far as police and fire, again, if there is any extraordinary impact fees that anybody's proposed, then, we are open to be an active participant in that process of getting those fees raised if they need be and, then, have it as an impact fee, if you will, on the building permit level. We are saying, yes, please, tell us what we need to do to just allow things to move forward in a -- not a breakneck pace, but a reasonable -- as utilities are there and annexation, I find that the annexation rule -- we do have some semblance of a metering, even though it seems like we are just going crazy. Some properties will sit a mile away from here for ten years, just because the annexation route isn't provided. So, there is a -- it looks like chaos, but I think there is a measured metered growth systematically from the out in, hopefully -- or from the inside out. So, I think with the new Comp Plan, with the fact that we have waited a year and we won't get going until next year, that it's a five year project, we are here to work with the city on this project and others, I would suggest that it's time for the -- for the approvals and that we can move forward from there. I don't know if that helps or not. But I think -- I'm confident our city leaders — and with the development community to rise to the occasion and roll up our sleaves and figure this out. I don't know of any developers that are saying, no, we want to pay our share. You know, I don't know of any and I'm not one of them. We just need to be told what that is, if there is something more than what we pay in taxes and fees right now. I know there is -- I don't believe there is a special impact fee for police and fire right now. I might be wrong, but other cities have enacted one. I don't know if you have recently or not. You have recently? So, I think with that -- you know, we need to evaluate that on a yearly basis, make sure that's enough, but unless there is some specific -- you know, it's too far away from a substation or something like that, we have been working closely with them, if they needed a substation, we would have given it to them. They haven't said that. You know, or a police substation, they haven't said that. So, we are always open for those kind of thing. De Weerd: Thank you, Matt. Council, any other questions? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: The points being brought up remind me that there was sometime in the past the suggestion that the property owner -- not just you, but others that are the neighbors of this project -- were going to offer -- for some reason three million dollars sticks in my Meridian City Council June 19, 2007 Page 34 of 57 head -- to assist with the Ten Mile interchange, since it would be of great benefit to their properties. One, I guess I'm assuming that that offer has gone away somehow, but my follow-up question to that would be is there a way that we could make the area that is included in the Ten Mile area plan a special LID of some sort. Is that a possibility? De Weerd: I think we have been exploring mechanisms to look at putting in necessary road infrastructure and it was mainly the backbone of it and not necessarily the arterials. Is that correct, Anna? Canning: Madam Mayor, Members of the Council, one of the things that we were particularly concerned about was the collector road that network in this -- wrong way. In this particular area, because it -- there are some properties here in the middle that have no -- no access to an arterial street. So, we had talked about doing an LID for those. The -- you know, it seems like once we start on a project we always wish we had that tool available right then and one of the tools that we have been talking a lot about in Blueprint for Good Growth, which I know that doesn't sit well, but what I have always wanted out of Blueprint for Good Growth is an adequate public facilities ordinance and I think that that's the kind of tool we need to address those kinds of concerns. Now, I think we have been batting around kind of discussions about when that would apply and the most likely time it would apply would be at the issuance of a building permit would be the -- probably the easiest place to get that and that may be something we want to consider, rather than at a preliminary plat stage, because, then, the opportunity is gone here. But if it were implemented at a building permit stage, then, we could ask for that adequate public facility. It's similar to an extraordinary impact fee is really what it is. So, something like that. Schultz: If I may comment briefly, Madam Mayor and Council. We are prepared to build that whole collector ourselves. We are not asking for any money back from anybody, we are not asking to participate in an LID for that. So, we are building the whole thing at our expense. I mean that's our contribution to the regional -- you know, we don't need that whole thing for ours, that's our contribution to the regional master plan, as well as this collector in here and that collector. This one actually resides -- this isn't a collector, this is a local street here. And we are building that as well. So, I mean the idea of an overall idea to help all these people come to grips with how to share costs is a good one. We have just said we are paying for all of ours. You know, thanks. You know. So -- so, I mean we are not asking for any money back from anybody and we would be open if, indeed -- I mean to Mr. Zaremba's point. I was one of the people involved in the meetings and when the Mayor asked I rose my hand and said, hey, let's get in a room and let's figure out how we can get this thing going and I worked for a different builder at the time and we had a project three miles north that we saw the greater good and I think we had some good momentum and, then, the feds kind of jumped in, there was a little bit of back and forth -- I don't know how it all ended up, but, yeah, I mean if something like that comes up where the federal government is not going to move forward with engineering or stuff, that's where we said, hey, we are going to kick in a lot of that, we are going to help and that never got rescinded from me. I did leave that company, but I'm not sure how that all -- how that all worked out. So, we are Meridian City Council June 19, 2007 Page 35 of 57 always open to creative public-private partnership solutions to get these things going. As far as I'm concerned, the last I heard this thing was going good. I haven't heard any different lately, so -- De Weerd: We just need to pass one more GARVEE bill. Schultz: Is that what it is? Okay. De Weerd: So, Council, any other questions? Bird: I have none. Canning: Madam Mayor, can I respond to a couple of Council's concerns and just so that the applicant has an opportunity to comment on them. With regard to the Mayor's question about the rear elevations of those properties, we roughly threw some maps on -- on what might be appropriate, but I think what we should consider -- and this is probably more units than you were originally thinking about, so -- would be anything that fronts on open space, which there is quite a bit of open space, or anything that backs -- where the rear basically backs onto a street -- so that would be your arterial roads, your collector roads, and, then, anything that backs onto an open space. So, you have got quite a few units there. You have got all these units here and, then, all these units along the pathway and all these units down here. What I would recommend is one of Matt's -- Mr. Schultz's guidelines states -- provide variety in design and avoid monotony. Modulate facades on multi -unit buildings, incorporate prominent fashion overhanging structure types and elevations. I think that that's really all we are looking at is to have that modulation in the rear, as well as the front. Schultz: That's totally appropriate and it's just something we overlooked in putting those together. De Weerd: Thank you. Anything further, Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Matt had indicated when I was talking about the collectors going to the arterials that they had committed to at least two collectors, they would be willing to talk about the movement of the one east -west piece there. I'm more concerned with the ability to have that occur in the future, as opposed to necessarily have you provide it, but it seems to me that part of that lower lot that's R-40 would be a location for where that's proposed to be extended. Schultz: Right here. Rountree: Yeah. Meridian City Council June 19, 2007 Page 36 of 57 Schultz: Yeah. Rountree: And if we move forward with approval, with a condition that that would be something that would be worked out in the final plat was that agreeable? Schultz: If I may, if we were going to incorporate the -- the design guidelines for this will be reviewed at the time of the CUP and I would also suggest that we discuss the location of the east -west collector at that same time, at the time of the CUP. De Weerd: Okay. Anything further? Schultz: Thank you. De Weerd: Okay. Hearing no further comment from Council or information needed, do I have a motion to close the Public Hearing? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the public hearings on Items 15 and 16. Borton: Second. De Weerd: Okay. I have a motion to close the Public Hearing on Items 15 and 16. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. Any discussion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I would like to thank Matt. We have done this I believe the third time. It -- the project has come a long ways from the first meeting when we pushed all your buttons and you steamed out of here and from that point on general involvement in the Ten Mile plan, specific involved in the Ten Mile plan, and addressing I think the issues that we raised at that point in time in terms of timing, in terms of architecture, terms of transportation issues that were going to fall out of the Ten Mile plan, so I appreciate the effort that you have undertaken and your patience and your willingness to listen to our concerns, so just wanted to have that on the record. Bird: Madam Mayor? Meridian City Council June 19, 2007 Page 37 of 57 De Weerd: Mr. Bird. Bird: I'd like to echo Councilman Rountree's words, because Matt has -- we did push his button that first time to get him going, but I appreciate -- I appreciate what he's done and what he's -- how he's come though this, so I, too, along with Councilman Rountree appreciate what you have done on this project. Canning: I don't know if you have looked at Matt lately, but there is a lot of little gray hairs. Bird: Anna, you have got to speak up. You're having a whispering campaign over there. I can't hear you. De Weerd: It was something about gray hairs. Any other -- Rountree: Very distinguished. De Weerd: -- any other comments? If nothing further do I have a motion? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I want to make one comment and echo the same sentiments. I am impressed with Matt and the project and how it's developed. I may be sitting on an island with regards to the issues that I raised earlier. Those were issues that prevent me from being in support of the project. I'm inclined to take a step back and allow some of these essential services that I referenced try and catch up with what Meridian's been dealing with over the three, five, seven years, driven by access. The developers, Council, we are all responsible for it, but that prevents me from being able to accept and approve it tonight. De Weerd: Thank you, Mr. Borton. I don't think you were an island out there by yourself. I certainly, again, would echo what has been said with the tenacity of Matt and his willingness to work with this Council and the staff to make this a viable project. Again, I just fall back to many of the points that Councilman Borton has raised and is it premature, as I do have a serious concern with the traffic that Franklin is going to experience during the reconstruction of 1-84 and adding additional traffic onto it, I think puts any future residents out there at risk and would be a concern that the city needs to consider. So, any further comments from Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Ci Meridian City Council June 19, 2007 Page 38 of 57 • Zaremba: Since everybody else commented, of course, I have to comment. At the time that I was on the Planning and Zoning Commission and not here on the Council, but -- and I don't remember whether it was Mr. Schultz's project at the time, but somewhere around two years ago there was an earlier application on a similar configuration of property and the presentation was nowhere near similar to this. It was not attractive. I don't remember if Matt was involved in the first one, but this is much better. I believe at the time the Commission recommended to the Council to deny that application and I believe the Council did deny it and that's -- that is proof that we can get better if we are willing to say, no, this is not enough, this is -- this doesn't do it for us, as I recall at the time the previous application marginally complied with the Comprehensive Plan, but this is a considerable step up from what was presented before. I think we just do need to be willing to make the denial sometimes when it's not attractive. I think this was one of the ones that proves that we benefited by denying the original application. De Weerd: Thank you. Now, do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 15 annexation 06-061, subject to comments provided by staff, the comments provided by the applicant, specifically with respect to including design guidelines and renderings and staffs guidance with respect to design and that the final plat will reflect design considerations for the east -west collector -- yeah, collector route. And, Anna, you just made a point and I didn't write it down, the modulation for the open rear of the lots on -- facing streets. Canning: And open space. Rountree: And open space. De Weerd: I have a motion to approve this project with comments as noted. Do I have a second? Zaremba: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Canning: Madam Mayor, can I ask for a clarification? De Weerd: Uh-huh. Canning: Does that also -- Mr. Rountree, does that also include the changes to condition 1.1.12 and 1.1.10? Rountree: Those are your comments in the staff report. Meridian City Council June 19, 2007 Page 39 of 57 Canning: Yes. Just wanted to clarify. Thank you. Zaremba: And Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Director Canning did you have the opportunity to review the revised or corrected setback summary and is that satisfactory? Canning: Madam Mayor, Members of the Council, I'm not sure exactly what's going on here, but there is really no way to vary from the UDC with your approval tonight, so as long as the applicant's clear on that and we are all clear on that, I think he's just showing that he's meeting it, but anticipating it being from right of way, rather than from sidewalk, which is how we measure setbacks. Zaremba: Thank you. De Weerd: Okay. Anything further? Rountree: Madam Mayor, I guess before we vote -- and Councilman Borton has brought up issues that we all deal with. I guess my inclination on this particular application and project is that we have heard it three times, the guidance we have given the applicant was never that we would approve it, but always that we wanted it included in the Comprehensive Plan in the Ten Mile area. That's been done. He's met our desires. ACHD has programmed significant dollars for Ten Mile and Franklin Road in the area. We just completed a multi-million dollar sewer extension through there. We have water in the area. We are now collecting impact fees for police and fire. So, if we have any area in the City of Meridian that we are able to develop and meet all of the requirements, some of which we have no control over, but have succeeded in getting at least the transportation infrastructure programmed for improvement in the next year or two, this is an area. So, I'm favorably inclined on this particular application for those reasons. De Weerd: Thank you. Anything further? Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, nay. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Okay. Item 16. Do I have a motion? Rountree: Madam Mayor, I move that we approve Item 16 for PP 06-062, preliminary plat, with the conditions included in the previous motion, also applicable to the preliminary plat, specifically as it relates to the negotiation and finalization of the east - west collector routes. 0 Meridian City Council June 19, 2007 Page 40 of 57 Zaremba: Second. 0 De Weerd: Okay. I have a motion and a second. Discussion, Mr. Rountree. I think I recall on this we had some questions regarding secondary access and that's certainly triggered by a certain number of building permits and -- that was a long time ago. Maybe I'm thinking of another one. But certainly the phasing of this and access would be of concern and we have had discussions of this in the past. I didn't know what direction this was going to go, but in regards to tying building permits to road improvements and -- would there be restrictions until certain road improvements are done or at least under construction? Rountree: Madam Mayor -- and it may be an incorrect assumption on my part, but I thought that that was pretty standard language as it related to development agreements, so that that would be in a development agreement with respect to how many lots could be developed -- De Weerd: In the fire code. Rountree: -- in the fire code prior to building permits until we get a secondary access. So, if that's not the case, then, I would add that to my motion. Canning: Madam Mayor, Members of the Council, those are always addressed at final plat stage. The applicant has worked out a secondary access with the fire department already on phase one, so they have been working with the fire department, but, yeah, that's a very hard and fast rule for our fire department. De Weerd: Okay. Canning: And, Madam Mayor, Members of the Council, Councilmember Rountree, there was one other condition that needed to be changed, but it wasn't as part of a development agreement and that's condition 1.1.7. Rountree: Yes. Canning: So, I can assume you wanted to include that. Sony, sir. I forgot to put the statement part. Thank you. De Weerd: Okay. Anything further? Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, nay. MOTION CARRIED: THREE AYES. ONE NAY. Item 17: Continued Public Hearing from May 22, 2007: VAC 07-008 Request for a Vacation of the City of Meridian utility easement common to Lots 1, 2 & Meridian City Council June 19, 2007 Page 41 of 57 3, Block 1 of the Fallon Greens Subdivision for Hampton Inn and Suites by Tealey Land Surveying — 815 & 875 South Allen Street and 2870 East Freeway: De Weerd: Thank you. Okay. Item 17 is a continued Public Hearing from May 22nd. It has been requested to be continued again to July 24th. Zaremba: I move we continue the Public Hearing for VAC 07-008 to our regularly scheduled meeting of July 24th, 2007. Rountree: Second. De Weerd: Okay. I have a motion and a second to continue Item 17 to July 24th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 18: Public Hearing: RZ 07-008 Request for a Rezone of approximately 4 acres from a C -N zone to a C -C zone for Lots 1 - 5, Block 1 of the Comer at Vineyards Subdivision for Cherry Wood Village by Richard Brown and Roy Brown — Southwest Comer of Cherry Lane and Linder Road: Item 19: Public Hearing: CUP 07-007 Request for a Conditional Use Permit to allow retail sale and service of motor scooters within the C -C zoning district on Lot 3, Block 1, of the Comer at Vineyards Subdivision for Cherry Wood Village by Richard Brown and Roy Brown — Southwest Comer of Cherry Lane and Linder Road: De Weerd: Okay. Items 18 and 19 are public hearings on RZ 07-008 and CUP 07-007. 1 will open these two public hearings with staff comments. Canning: Thank you, Madam Mayor and Members of the Council. I will try to enunciate, Councilmember Bird, and try not to mumble. De Weerd: Thank you. Canning: This is the Cherrywood Village project. It's located on the southwest comer of Cherry Lane and Linder Road. The applications before you tonight are a rezone and a Conditional Use Permit for vehicle sales. The applicant is requesting the rezone of these 4.05 acres from commercial -- CA which is neighborhood business, to C -C, community business. Approval of the rezone would allow the property owners on the subject five lots to potentially use the site for more intense commercial purposes. The applicant is not proposing any new structures or additional square footage at this time. Concurrent with the zoning application is a request for a Conditional Use Permit to allow for retail sales, storage and servicing, of motor vehicles or recreational vehicles on Lot 3, Block 1. Also just for your reference, according to our code, vehicle rental sales and • Meridian City Council June 19, 2007 Page 42 of 57 i servicing are conditionally allowed in the proposed C -C zone, but are prohibited within the C -N zone. So, that's why they are asking for the rezone and they have the concurrent conditional use application. I don't have -- what is going on? These were not like this earlier today, I want you to know. It will take me a moment. I have to rotate all these figures. I don't know what happened. Rountree: I think you have done this before. Canning: It isn't. I swear. It's not my fault. De Weerd: It's not Anna. Nary: We do offer free training for all the users. Canning: Well -- Bird: I think that computer sabotaged you. De Weerd: We can just try to look sideways, Anna. Bird: Anna, don't worry about it. Canning: Okay. Bird: Go ahead, kid. Canning: Well, all right. We will have to just look at the aerial tonight. I apologize. We did have pictures of the front and back of the facility, so that you could see what it looked like back there. Apparently I need some -- to get my files trained, so that they change on me from one computer to another and I will work on that. The Planning and Zoning Commission heard this project on May 3rd, 2007. At that Public Hearing they moved to recommend approval of the rezone and denial of the Conditional Use Permit. Richard Brown, the property owner, and Eric Fieldstad, the manager of Al Scooters, spoke in favor of the applications. Ralph Gentry, John Wasson, Gilbert Thoreson, Kevin Snow, Hal De Grange, Kurt Farmer, and David Crandall, all neighbors, spoke in opposition. There was no one commenting. There was written testimony provided by Hal De Grange, the neighbor, and a group letter from 13 other neighbors, including Ralph Gentry, Carol Gentry, Hal De Grange, John Wasson, et cetera. Key issues of discussion by the Commission were the noise generated by a scooter, the decibel levels of servicing machines with doors open and issues related to that. The hours of operation -- the specific services provided by the scooter store, test driving of the scooters and related safety issues, storage and handling of flammable materials on site, replacing the existing cedar perimeter fencing with sound abatement fencing and the provision of additional landscaping to buffer the adjacent residential subdivision. I would like to kind of summarize that by saying that the Planning Commission really looked at a number of ways that they might be able to condition the Conditional Use Meridian City Council June 19, 2007 Page 43 of 57 Permit so that it would work in that area, but they just couldn't come up with enough conditions that would make it work. There was just nothing they could do. So, that's why they ended up recommending denial. So, the key Commission changes to staff recommendation were that they did end up recommending denial, but in -- as part of the approval of the rezoning request, the Commission elected to require the applicant to enter into a development agreement with the following stipulation: That in addition to the conditional uses listed within the C -C zone, the following uses will require procurement of a CU. Fuel sales. Vehicle car washing facilities and building material sales. That the applicant moves the trash enclosure dumpster to the east, so as not to be adjacent to the residential subdivision. That dumpster is to be within a concrete block enclosure. That the applicant provides additional landscaping, preferably arborvitae and junipers, within the landscape buffers adjacent to the residential subdivision. So, the outstanding issues for the City Council would be the Commission has recommended denial of the conditional use application and recommended approval of the rezoning request. Staff had suggested a number of conditions in conditional use to address some existing inadequacies in the current parking lot design and landscaping compared to our current standards. So, this project was developed some time ago, it didn't meet -- or does not currently meet all of our standards, so staff, as part of the Conditional Use Permit, had recommended some changes to the parking lot design to bring that up to standard and the time of a rezone application would be appropriate, but, then, because the Commission didn't approve the Conditional Use Permit, those conditions kind of fell by the wayside, staff didn't have the opportunity to ask them to include them in the development agreement. So, we are bringing those up to you now as considerations for including within the development agreement, if you desire to approve that or if you're going to accept the recommendation for denial on the CU. Hopefully that makes sense. We are hoping these conditions get approved one way or another. It may be appropriate to put them with the development agreement, so they are tied to the rezone. Those -- I'll go through these quickly, while still trying to enunciate clearly. They would be that the four floating parking stalls as shown on the submitted site plan immediately to the rear of Domino's Pizza, parallel with the building, be eliminated. That the applicant installs two additional trees within the landscape buffer along Cherry Lane. That the applicant install seven additional class one trees within the landscape buffer between the subject property and the comer at Vineyards Subdivision No. 2. That the applicant provides three park -- a three park bicycle rack to be located in the front of Great Clips / Sprint retail stores. That the applicant provides easements for any required sewer and water mains that are not located within the right of way. That the application install a pressurized irrigation system for this development, if not currently existing. The system shall utilize surface water for its primary source. That the applicant pay Public Works development plan review and construction inspection fees as determined during the planned review process, if necessary. So, with that I will answer any questions Council may have and while the applicant is speaking I will try and get the site plan so that you can see it properly. De Weerd: Thank you, Anna. Council, any questions? Bird: Madam Mayor? • Meridian City Council June 19, 2007 Page 44 of 57 De Weerd: Yes, Mr. Bird. C7 Bird: Anna, how many trees do they have along Cherry Lane right now on their landscape buffer? Do you have any idea? Canning: Once I rotate this figure I can tell you and I also have -- there is a montage picture that's great that shows the relative sparcity of trees along Cherrywood -- Cherry Lane, actually. Bird: Okay. Thank you. De Weerd: Thank you. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Would you back up one, the -- what you had on the display prior to this one -- just back up one. No. Going the other direction. That one. Thank you. Just hold that for a second if you would. Okay. That's what I wanted to see. Thank you. Canning: It is unusual -- a portion of the property backs off to this office property -- which I think is a day care or a church. Bird: Church. Canning: Church. And, then, just a portion of it backs onto these three homes and, then, there is two more homes here. De Weerd: Okay. Anything further, Council? Bird: I have none. De Weerd: Okay. Is the applicant here? Brown: Madam Mayor, Council Members, my name is Richard Brown. I live in Salt Lake City, Utah. Thanks, Anna. I think you represented what we are trying to do very well. Roy and I made the application to rezone this property, because all of the property to the east of us, as you saw on the previous slide, is already zoned C -C and in order to compete for tenants we are asking for that same zoning for our property. We are not anticipating building any additional buildings we don't have the room, number one. We are satisfied with that tenant mix, with the exception of the possibility of adding the scooter business to the building. But that's our primary reason for asking for the rezone. As far as the Conditional Use Permit is concerned, I'll let Eric talk mostly about his business, but I would like to point out that the staff report is in error -- excuse me -- the Meridian City Council June 19, 2007 Page 45 of 57 minutes of the Council meeting -- committee meeting, excuse me, is in error in that it states that the hours are incompatible with -- this business is one of the most compatible in terms of hours for a residential area that we have. First of all, he only operates five days a week. He's closed on Sunday. He operates -- he opens at 10:00 in the morning and he's closed at 6:00 at night. Those are pretty good hours for a business in this area. As far as planning and zone staff recommendations, when they made their recommendation to approve both of these motions -- or applications to the Council, they made a number of recommendations. We can live with most of those recommendations. There is one in particular wherein they are asking to move the dumpster storage, which is right now directly behind the center of our building and it is -- you know, the dumpster -- De Weerd: Is that right there? Brown: Yes. Thank you, Mayor. It is, in fact, the type of enclosure that was recommended at'the time that we built it. I have a couple of pictures, if you would care to take a look. De Weerd: Well, we would be able to see them if they are sideways. Brown: Well maintained dumpster enclosure, approximately 16 feet wide. It's buffered in the back by trees, on one side by storage buildings. If we move it, because of the width of the thing, we can only move it about 20 feet to the east and, then, run into someone else's property. And I think that's not accomplishing a whole bunch to do that. But, you know, if -- if the Council wants to discuss that issue with us, we will be more than happy to see what kind of remedy we can come up with. I would like to point out that the -- this -- this area was zoned commercial and the plat with filed and approved in November of 1991. The first residential plat was approved on January 29th of 1993. That's a period of 14 months later. There is not a single homeowner in this area that bought a lot not knowing that that was not commercially zoned. And it's a bit disingenuous to come along 14 years later and -- you know, it's not like it's being used for commercial purposes. I will let Eric -- I will let Eric address the issues that the Commission had in relation to the noise that they are concerned about in terms of his hours of operation again, in terms of the type of services that he's proposing to put in and, you know, we think we can overcome their concerns, but I will let him address those. De Weerd: Thank you. Fieldstad: Madam Mayor and Members of the Council, my name is Eric Fieldstad, I reside at 12979 West Pinon Court. I'll keep my comments very specific. Throughout the hearings at the Planning and Zoning level, at the encouraging of Mr. Nary, there was two stipulations set forth in their recommendation to this body to deny that would have taken into consideration perhaps an approval recommendation to you. Those two were: No test rides would be conducted in any way, shape, or form. And that was a safety issue and a noise issue. And we can accommodate that quite easily by not Meridian City Council • June 19, 2007 Page 46 of 57 putting any batteries in any machine in the store and we will post notice that no test rides could be offered at this facility. The second one was -- I currently have one store on Fairview Avenue in the city of Boise. Very small, very cramped. This building here allowed us opportunity to set up a larger maintenance area, but because of use of pneumatic tools and the mandatory test drives to certify a vehicle repaired to safer standards, we will not move the maintenance activity to this facility, it will all be conducted at our Fairview office. I respectfully request consideration by this body for approval of the conditional use with those two stipulations. I highly concur. I do appreciate the city staff, their accommodation to our request, and also to the residents in the area. I have met with them twice and, I tell you what, they are good people. Thank you, Madam Mayor. De Weerd: Thank you. Okay. We have a number of people that did sign up and indicated their view on this application. If, when I call your name, you would like to provide testimony, please, come forward at that time. Gilbert Thoreson. If you will, please, state your name and address for the record. Thoreson: I will. De Weerd: Thank you. Thoreson: First of all, thank you, Mayor and City Council, for this opportunity to present my position against both proposition 18 and 19. The rezoning -- De Weerd: If you will, please, state your name and address. Thoreson: Oh. Gilbert A. Thoreson. 1490 North Santa Rosa Place, Meridian, Idaho. 83642. De Weerd: Thank you. Thoreson: I'm not very comfortable talking in front of people. De Weerd: We totally understand. Thoreson: Okay. On 18, rezoning it from C -N to C -C, opens up Pandora's Box. You have a conditional zoning availability to Maverick, to the wash -- car wash and, then, Domino's. The traffic is significant in that area and there is during the weekends a hangout for both teenagers and young adults after -- oh, late at night. It's well after curfew. So, opening it up again for additional C -C I think is unwarranted. It also permits building changes to the existing facilities and would allow other problems that this site isn't ready for. It's really a small strip mall and it should remain such. But going onto 19, to allow the motor scooter sale there, if I was going to buy a motor scooter, the first thing I would want to do is try it out before I will commit myself to that purchase. He will make any kind of agreement in front of you right now, but when push comes to shove, he will allow someone to try it out and where they will try it out is a nice little run right Meridian City Council • • June 19, 2007 Page 47 of 57 through The Vineyards. And I know I'd want to do it. If I was going to put money up for one of those scooters, that's what I would do. I don't trust his veracity, because he violated his agreement in the beginning by moving scooters into that building, putting them up for sale, and opening the facility up for sale before approval of this facility. So, anybody will make any kind of a promise, whether they will keep it, I don't believe it. But it's just too much traffic in the area. It's an unsafe area and having gasoline there and dealing with oil and -- so, I think you're creating an environmental hazard as well. That's all I have got to say. Thank you for you opportunity. De Weerd: Thank you. Ralph Gentry signed up against. Sir, I guess if you want to say anything, it does need to be on the public record. I appreciate your willingness to yield your time. If you will, please, state your name and address. Gentry: I'm Ralph Gentry. I reside at 1502 North Santa Rosa Place in The Vineyards. De Weerd: Thank you. Gentry: I would like to yield my time to better speakers, but I do want to go on record in direct opposition to this zoning change. De Weerd: Thank you, sir. Gentry: Thank you for your time. De Weerd: You are on the record. Kevin Snow signed up against. Snow: Hi. De Weerd: Hello. If you will, please, state your name and address. Snow: Kevin Snow. 1470 North Silverado Place. De Weerd: Thank you. And if you will move the mike up a little bit closer. Thank you. Snow: I'm here on behalf of myself as a homeowner. Also speaking for the board of the homeowners association of The Vineyards, with 200 plus homes. Also speaking on behalf of several who could not be here tonight. The De Granges, the Petersons, the Farmers, several others that have signed the petitions that are before you -- have authorized me to speak in their behalf and to consolidate our comments into one. The process began when we received notice in the mail about the neighborhood meeting regarding this project. there is a long history between the residents and this particular commercial property, ergo, there was a lot of interest. People were sent. Letters were written in response to the invitation. People were sent authorized to speak on others' behalf to let them know where our concerns were and they spoke with Mr. Brown and with the current owner. We were somewhat surprised in the packet they reported to this Council that they determined there would be no significant impact. That wasn't the idea Meridian City Council June 19, 2007 Page 48 of 57 we tried to give them. We have tried to express exactly the problems that we have had with this area. As you can see, the area has a Maverick currently. It also has a Domino's Pizza delivery outfit. And it has a car wash. All of which are intense use as far as people just coming for a short stay, five minutes, and, then, boom, they are off again. The Maverick, thanks to its great prices, is often stacked four deep, the stacking lane can't be found. Traffic is quite intense on that comer and cars often cut the comer and go behind or find other ways to go through or around or get in line at this facility. We compare it to the facilities adjacent to it. Those facilities have sound proof abatement fences. They paid for them, I presume. One of them went so far as to not even allow automobile traffic between their businesses and the residential area. They have gone to great lengths to put in those kind of things and those kind of features to abate or to at least limit the impact that they have on the residential areas. This comer, as it so happens, does not have those. It does have the trees, but the fences up there are the privacy fence, apparently put up by the developer of the division when it was first put in. Sound does not travel necessarily over it, it travels right through it. It's one of those gapped, dog ear fences. It's at the point of dilapidation. The homeowners association is already considering on its small budget replacing all of its fences with something more lasting, because the upkeep on those fences is becoming a burden to us. We expressed these desires — or these problems to the owner, but he decided to proceed forth through this body anyway, because, of course, if you say yes, he doesn't have to do anything, other than your stipulations to fix any of these problems or to address them with the homeowners. The most excruciating part so far that we have had in this process was listening to the deliberations of the Planning and Zoning. That was enraging. Let me tell you some of the comments that came across. One: There is so many CUPs already on this property it's practically C -C anyway, why don't we just go ahead and pass it. For those who had stood against the previous CUPs, that was particularly insulting. It was also said it was too expensive to ask them to put up a fence. Considering they didn't put up a fence in the first place and that all of their neighbors and competition have had to put fences, I don't think that's a fair assessment either. It was argued that they just wanted a scooter shop there. It's a coming and going enterprise and Meridian wants it. That's the closest to a planning decision that we saw in that particular meeting. Yes, we may want scooter shops. Why they want it at this particular location I'm not certain. As he said, there is a C -C going in just down the road 300 yards from this facility that is already zoned for C -C and only needs a CUP and they have already planned to put in the solid fence. There is also a place kitty - comer, which is shown on the map as R-4, which I understand has just been rezoned as C -C. That backs onto a church. I don't know how many churches complained about this kind of a thing -- about noise, because they are on Sundays and they don't even cross over generally with the businesses that they are adjacent to. But that's also an available location, where, if he wanted to, he could not only sell his scooters, but he could do the maintenance and do the test driving and there is no one to complain about it. We also heard that because the neighboring businesses weren't there to complain, that perhaps it really wasn't that big of a problem, to which our objection was, yes, they are all in an enclosed cinder block compartment, compared to what we are across the fence from the back door of this location. So, in their deliberations they decided to pass -- or not to pass the CUP, because we did convince them that there is a problem or an Meridian City Council • • June 19, 2007 Page 49 of 57 issue there with the intense amount of traffic that it's simply not designed for. But their thinking was a little backwards. They okayed the zoning, but they tried to disapprove the CUP. At that time they were notified by our friends over here at the desk that if they temporarily do not allow a CUP, they have to give conditions under which a CUP can pass. In short, you cannot permanently deny a CUP. Yet, one of their arguments was that because of all the CUPs that had already been done, that they should go ahead and rezone it. Their jaw about hit the floor. They did not know how to handle that. They had not anticipated having to make some condition that would allow them to comply to put the shop at that location. The fact is they have made a crucial error. Once they allow the zoning change, they have to eventually allow the CUP. Our motion would be simply to say it's now commercial neighborhood, it was commercial when we all bought our lots and moved in. It was commercial neighborhood before all the problems and impact began to occur. It can stay commercial neighborhood. The property directly north is still commercial neighborhood. It's doing just fine. We are only talking about one unit here that he's trying to rent to a scooter shop. And, again, why the scooter shop wants so intently this particular place, we have not heard an explanation for. Over all the objections of all the neighbors, it's still going through. Now, my question is with this location here, you have the C -C shown that's going in. Right next to that is Meridian Middle School. Directly to the south we have a pre-school. Directly to the north is Tully Park and north of that a new high school. What is our plan for this comer? If you really want it to be C -C, then, tell us that's your plan. If you think that it needs that kind of intense commercial use, we'd like to hear it. If you just think that property rights of the owner always surpass those of the residents around, then, fine, state that. We'd like to hear that. If you feel that it's of crucial benefit to the community that this be made C -C and that a scooter shop be put there, tell us that. But I think we have demonstrated that this property is perhaps the worst place for this particular business and the worst place to escalate community business on that comer and that there are other areas that are already going in that serve that need. And also I think we have established that there is an impact on the surrounding residential community. So far Mr. Brown does not truly believe that. He does not negotiate with us to find abatement situations for our problems and he has been unsympathetic towards many of the complaints that we have given to him about the running of this commercial property. What I would like to see from this body is to give us some latitude to say let's work this out together, that something has to be done to control the increase of impact if you're going to increase the use. And so we would ask that you not allow the zoning change. That prevents any CUPs from going on at all until the situation -- some resolution is brought about. And that was the one thing I forgot to mention was that when the zoning and planning commission could not agree on what would abate sound techniques, it was decided that they could not approve any and so it was dropped for none, a default position to pass was, then, resolved, as opposed to saying if we can't resolve it we will wait until we can. So, our position is against the CUP, if we have to, but mainly against the zoning change. De Weerd: Thank you, Mr. Snow. Any questions from Council? Bird: I have none. • Meridian City Council June 19, 2007 Page 50 of 57 De Weerd: Thank you. Rountree: I have none. De Weerd: John Wasson signed up against. • Wasson: John Wasson. 1486 North Silverado Place. I have a couple of concerns. First of all, it's currently zoned C -N. According to the Meridian website and the Ada County Commissioners, the Stubblefield property directly across is also zoned C -N. Three of the four comers are currently zoned C -N. According to the C -N zone, you're allowed to have a 35 foot building and 7,500 square feet. Under a C -C you're allowed a 50 foot building and 60,000 square feet, without having to come before the board and -- or the body and get permission to make a change. That's a heck of a difference. We have been told that he wants to be able to compete. Currently, the C -C property that is owned by Stubblefield next to the current strip mall on the southeast comer is 9.145 acres, valued at about 6,400 dollars. The Stubblefield property is 2.16 acres, valued at 2.3 million dollars. Mr. Brown's property is 1.86 acres, valued at 2.15 million dollars. If his property were valued at the Stubblefield rate, his property would be worth 1.98 million dollars. He's doing better than Stubblefield. These were all gathered off the Ada County website. I currently own the house that has the most frontage behind his building. I have 24 feet from my back porch to the fence line, then, there is another 20 feet in the planter strip where he has his garbage receptacle, which is nine feet from my fence. We have had difficulties with the gentleman in the past. I had made numerous calls to the police department for violation of the nuisance ordinance that the city has. We have had street sweepers 50 feet from my bedroom window at 1:00 in the morning. Domino's Pizzas being unloaded at the Domino's store at midnight. Lieutenant Overton has a present that I found in my backyard several weeks ago. I have cleaned up pizza boxes that -- I was offered a free pizza from Domino's after cleaning up the ant filled pizza boxes. Didn't really appeal to me, but because my property is so close to the dumpster, trash seems to find its way into my backyard. A nuisance, according to City Code 4-2-1 -- and I will just drop to the last part -- or disturbs the peace and quiet, is hereby declared a nuisance. Folks, for three years I could read the Idaho Statesman in my backyard at 1:00 in the morning, because I had that much light. It took four years working through the city and with the property owner to get those shielded. I still have issues with the noise and other problems. Now, I know that's not your concern, but while -- let me rephrase that. I know that's not the primary issue here. But he wants to open Pandora's Box. He wants to convert to C -C, so that he can compete more ably. That means more money. My dad always told me to make money you have to use money. If he wants to make money, then, he needs to insulate us, give us some form of protection to take care of us. Otherwise, we are sitting out there and we don't have any -- any recourse. That's why we as a neighborhood are here to ask you to assist us in working with him. Thank you very much. De Weerd: Thank you. 0 Meridian City Council June 19, 2007 Page 51 of 57 Wasson: Subject to your questions, that completes my briefing. De Weerd: Any questions, Council? Bird: I have none. Rountree: I have none. De Weerd: Thank you. Hal De Grange signed up against. • De Grange: Good evening, Madam Mayor, City Council Members. My name is Hal De Grange. I reside at 1450 North Silverado Place in The Vineyards and I did make it after all, Kevin, and thank you for speaking on my behalf. I oppose this rezoning. All the previous testimony has pretty much covered all of the areas that I am concerned with. I have lived in this residence since 1993. July 4th I moved in. And under Frank Madsen of Holland Realty, he told me, quote, unquote, this was going to be professional office buildings and that was the extent -- that was our concern, whether -- I think at one time Moxie Java was considering opening a facility there. The Maverick was already established and the car wash was being erected at that time and throughout those years, the last 14 years, the congestion, noise, pollution has always been an increasing concern, along with at one time security was a problem from high school kids cutting through the cul-de-sac and jumping -- not only our backyards, but Kevin Snow's property. Anyway, like I mentioned, I'm against this. I'm against the CUP and the rezoning issue. And thank you very much for your time. De Weerd: Thank you. Okay. Those are the names that have signed up to testify. Is there anyone else who would like to provide testimony on this application? Please come forward. Henscheid: My name is Dotie Henscheid. I live at 2031 West Sonoma. De Weerd: Thank you. Henscheid: I'm the president of the homeowners board and I asked Kevin to represent us tonight and he did and I just wanted to be noted that I was also here. De Weerd: Thank you for that. Okay. Any further testimony? Okay. Council, any questions for staff? Bird: No. The application has a reply. De Weerd: Anna. Canning: I do have better images for you now. This is the site plan. I can blow it up more if you'd like. They do have the Maverick on the -- Maverick station on the comer. The existing car wash. Domino's Pizza. I think these are the four floating parking lot -- 0 Meridian City Council June 19, 2007 Page 52 of 57 parking spaces that were discussed. This is the proposed site of the Al Scooters. Then, you have Movie Gallery, Great Clips, Sprint, a pet store, Jackson Hewett and Renewed Expressions. The existing trees are noted on the plan. There are none noted in the -- in front of the Maverick and the car wash. Then, these are some montage photos. You can -- it was taken in April, so the trees weren't in bloom, but you can see a couple there and a few more here. And, then, this is the rear fencing and the landscape buffer along the rear. And we can all turn our heads back the other way. De Weerd: Okay. Mr. Bird, did you have a question for staff or -- Bird: No. I'll wait until the applicant comes up. De Weerd: Okay. Final remarks from the applicant? You get the last word. Brown: I get the last word. Thank you, Mayor, Council. I -- you know, I listened to their testimony and I can sympathize to some degree with some of the things they are saying and some if it is just plain baloney. You know, we installed hoods over all the lights on the back of our building the second year it was up. We have to have some lighting back there. We have employees going out of those businesses at night. There is security issues. We have a hair business in there that are all females. You know, we have tried to be good neighbors. We have not ignored the requests that we have gotten. As far as the dumpster pickup and those kind of things, they are done pursuant to the city's guidelines and requirements. They are not allowed to pick up late at night or early in the morning and those kind of things. We have changed our guy that sweeps the parking lot, so he does not do it in the middle of the night, which was a problem and those kind of things. We are not unwilling landlords to work with our neighbors. Some of the requests that have been made are just, you know, obviously, very very expensive ones. You know, we have talked about the building of a very tall block -- concrete block fence. You know, I don't have that ability to raise the rents in my building in order to cover a 38,000 dollar fence, those kind of things. I do believe that the discussion at the Council meeting was that that was not going to create any significant sound barrier in addition to what they have -- their recommendations already were for the planting of additional trees and so on, so given that we will, you know, cooperate with them the best way that we can and try and comply with what it is that the Planning and Zoning people would like us to do. Thank you. De Weerd: Thank you, sir. Bird: Mr. Brown, I got one question. It's basically a statement. Myself and I believe there was one or two other people that sit on this Council -- and if I remember right, I think it took two or three times to get you to finally shade those lights. I can understand why the neighbors have some real concerns with what's going to be going on over there. That is a very very busy comer. Maverick stacks the traffic up. We are also forgetting that you have got a very nice little shaved ice business sitting there in front that has three or four cars, if not more, parked there a lot of the times. I will be right up front, I cannot support the change in the zoning or the CUP. Thank you. Meridian City Council June 19, 2007 Page 53 of 57 De Weerd: Council, any questions for the applicant? Rountree: I have none. De Weerd: Since we also have the CUP on this, any final remarks from the other applicant, since we are looking at two of you. Fieldstad: Thank you, Madam Mayor and Members of the Council. As a business person I hope and wish to be a good neighbor to everyone involved. We would like to have the opportunity. Scooters are the fastest growing segment of the motorcycle industry for the last five years. With gasoline over three dollars a gallon I think we are all feeling the pinch on the wallet. But more importantly we want to be part of your community and add a value to the community. Again, I thank you for your audience. De Weerd: Thank you. Council, anything further? If not, do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the public hearings on Items 18 and 19. Zaremba: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Items 18 and 19. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Any discussion? Zaremba: Madam Mayor, I would -- I appreciate Councilman Bird's comment and add to them. I don't understand -- well, let me start even farther back. I don't feel that what's being asked for is appropriate and to approve the zoning change and, then, try and work backwards to limit back down to what it almost already is to begin with, just because the proposed use is distasteful, it doesn't make sense to me to approve the zoning change. We have already got what I think is appropriate for that comer. The property north of it is the same zoning and, yes, there are some other zonings around it, but that argument alone doesn't compel me to feel that this zone needs to change and I feel we are making it way too complicated to say let's change it to a more intense zone and, then, condition it back to, essentially, what we have already got and -- I mean there may be some other things we wish we could get in the process, a few more trees and a better fence or something, but I -- my inclination is to just say let's not change the zone, it's appropriate the way it is. Meridian City Council June 19, 2007 Page 54 of 57 De Weerd: Okay. Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I don't want to be redundant, but I'll state my position. Mr. Bird, Mr. Zaremba, covered both points I would make. I agree. I think that this is a case where -- and I'm not so sure if I was on Planning and Zoning or the City Council in 1991, but we actually zoned it right and I think it ought to stay that way. De Weerd: I think I just remember late night times going out and looking at lights behind that building myself. So, I had the privilege of getting to know Mr. Brown and Mr. Wasson very well. Any further comment? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we deny RZ 07-008. Rountree: Second. De Weerd: I have a motion and a second to deny Item 18. Any discussion? Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 19. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we deny CUP 07-007. Rountree: Second. De Weerd: Okay. I have a motion and a second to deny Item 19, CUP 07-007. Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Meridian City Council • June 19, 2007 Page 55 of 57 Item 20: Public Hearing: MI 07-008 Request for a Miscellaneous Application to modify the recorded Development Agreement (Inst. 104107406) to remove the requirement for all future uses to obtain Conditional Use Permit approval for Gateway Marketplace by Landmark Development Group — 3205 East Ustick Road: Item 21: Public Hearing: VAR 07-010 Request for a Variance to landscape the surplus right-of-way and decrease the required street buffer along Eagle Road from 35 feet to 20 feet for Gateway Marketplace by Landmark Development Group — 3205 East Ustick Road: Item 22: Public Hearing: VAR 07-012 Request for a Variance to UDC 11-313-7C2 to count existing right-of-way for Eagle Road towards the landscape street buffer width in the C -G zone for Bienville Square Eaale Road Landscaping by Redcliff Development — west side of Eagle Road, south of Ustick Road (Bienville Square Subdivision): Item 23: Public Hearing: VAR 07-011 Request for a Variance to UDC 11-313-7C2 to count existing right-of-way for Eagle Road towards the landscape street buffer width in the C -G zone for Sadie Creek Promenade Eagle Road Landscaping by Landmark Development Group — SWC of Eagle Road and Ustick Road (Sadie Creek Subdivision): De Weerd: Thank you. Okay. Items 20, 21, 22 and 23 have been requested to continue. I will open these public hearings MI 07-008, VAR 07-010, VAR 07-012 and VAR 07-011. 1 will entertain a motion to continue these four items to July 3rd. Rountree: So moved. Bird: Second. De Weerd: Okay. I have a motion and a second to continue Items 20 through 23 to July 3rd. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 24: Ordinance No. 07-1320 : RZ 07-005 Request for a Rezone of 9.21 acres from I -L to a C -G zone for Jabil East Property by the Joint School District No. 2 — 1303 East Central Drive (Lot 1, Block 1, Jabil Subdivision): Item 25: Ordinance No. 07-1321 : RZ 07-002 Request for a Rezone of 0.628 of an acre from I -L to C -G zone for the Lynn Thomas Property by Lynn Thomas — north of East Franklin Road and east of Meridian Road: Meridian City Council June 19, 2007 Page 56 of 57 De Weerd: Okay. Items, 24 and 25 are ordinances numbers 07-1320 and 07-1321. Mr. Berg, will you, please, read these two ordinances by title only. Berg: Yes, ma'am. Moved too fast for my paperwork. Ordinance 07-1320, an ordinance finding that the Joint School District #2, the owners of certain real property, has made a written request for rezone of the zoning classification for real property being a parcel of land -- being a Parcel A of the record of survey number 6631 situated in the southeast quarter of Section 18, Township 3 North, Range 1 East of Boise Meridian, City of Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and rezoning certain lands and territories situated in Ada County, Idaho, and within the corporate limits of the City of Meridian and rezoning the land use zoning classification of said lands from I -L to C -G in the Meridian 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 of the rules and providing an effective date. Berg: Ordinance 07-1321, an ordinance finding that the Thomas Family Real Estate, the owners of certain real property, has made a written request for rezoning of the zoning classification for the real property being situated in Lot 18, Block 3, Meridian Business Park Subdivision, located in a portion of the southeast quarter of Section 7, Township 3 North, Range 1 East of Boise Meridian, City of Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and rezoning certain lands and territories situated in Ada County, Idaho, and within the corporate limits of the City of Meridian and rezoning the land use zoning classification of said lands from I -L to C -G in the Meridian 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 of the rules and providing an effective date. De Weerd: Thank you, Mr. Berg. You know the statement here, Ralph, right? You have heard these two ordinances read by tile only. Is there anyone who would like to hear it read in their entirety? Hearing none, Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance 07-1320 and 07-1321, with suspension of rules. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve these two ordinances. If there is no discussion, Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. Meridian City Council June 19, 2007 Page 57 of 57 MOTION CARRIED: ALL AYES. De Weerd: Thank you. We are at the end of our agenda. Council, do I have a motion to adjourn? Rountree: So moved. Bird: Second. De Weerd: All those in favor? MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:55 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) PPR I 7e�� EMM4•- WEERD ATTESTED: C DATE APPRO ORA LIAM G. BERG ., l�Y LE /���I If li416�o�1 • • June 15, 2007 MERIDIAN CITY COUNCIL MEETING June 19, 2007 APPLICANT ITEM NO. S-A REQUEST Tabled from June 5, 2007 Resolution - Public Works Rate Change AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Previous Item Packet / Minutes See attached Resolution Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • Meridian City Council June 5, 2007 Page 24 of 84 De Weerd: We do our best. Okay. So, you feel comfortable with the October date? Watson: Madam Mayor, it's the best I know what to do. And I wouldn't even suggest it, unless the finance director was okay with it. I wouldn't go out there on my own, because she is the finance director and she was okay with it, so I'm okay with it. De Weerd: Okay. Anything further, Council? Thank you, Brad. This is a Public Hearing. Is there anyone who like to provide testimony on this item? Okay. Okay. Council, no further questions or comments, I would entertain a motion to close the Public Hearing. Bird: So moved. Zaremba: Second. De Weerd: I have a motion and a second to close the Public Hearing on Item 1.5. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 16: Tabled from May 22,2007: Resolution No. Public Works Rate Channe: De Weerd: Okay. Item 16 is Resolution 07-5262 that supports Item 15. Bird: Madam Mayor? , De Weerd: Yes, Mr. Bird. Bird: I move we table that to June 19th, so it can be rewritten and clean, so we know what we are passing. De Weerd: To the -- Bird: June 19th., De Weerd: -- 19th? Bird: 2007. Zaremba: Second. De Weerd: Okay. I have a motion to table Resolution 07-5262. Zaremba: Madam Mayor, discussion? Just to clarify on what is being cleaned up, I'm sensitive to Councilman Bird's instinct that if we establish the user rates to go up in Meridian City Council June 5, 2007 Page 25 of 84 October 1 st and at the same time we are reviewing them, that may be either confusing or double work and I think my instinct would be to go with the finance director and the Public Works director and say let's establish that. The possibility is if we review them again before they are implemented in October, we might lower them. I mean it could go either way. And I -- I would suggest offering the October 1 st date, even though we are - Bird: That would be in the deal. That's why we want to clean it up. Zaremba: Yeah. I got the impression you were asking us not to do that. Bird: Oh, no. No. Zaremba: Maybe I misunderstood. Bird: No. No. De Weerd: Okay. Any further discussion? Mr. Berg, will you, please, calf roll. Roll -Call: Bird, yea; Rountree, absent;, Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you, Will. You're wonderful. Zaremba: Keep us moving. Item 17: Continue Public Hearing from May 22, 2007: RZ 07-006 Request for a Rezone of 4.38 acres from an R-8 to an R-15 zone for Bellabrook by J. E. Development, LLC — 300 South Locust Grove Road: Item 18: Continue Public Hearing from May 22, 2007: CUP 07-005 Request for a Conditional Use Permit approval for multi -family residential use in a proposed R45 zone for Bellabrook by J.E. Development, LLC — 300 South Locust Grove Road: De Weerd: Okay. Items 17 and 18 are continued public hearings from May 22nd on RZ 07-006 and CUP 07-005. 1 will ask for staff comments. Canning: Madam Mayor, Members of the Council, this is the Bellabrook project. It's located at 300 South Locust Grove Road. It's just south of the LDS stake center there on Locust Grove. And the project includes 34 individually owned two bedroom plus condominium villas that would be attached to combinations of two and four dwelling units each. You can see some of the site here. If it looks familiar that's because it is. It was previously annexed and zoned to R-8 and a preliminary plate for 20 single family homes was approved. They have reconsidered that and have this proposal tonight. June 15, 2007 MERIDIAN CITY COUNCIL MEETING June 19, 2407 APPLICANT ITEM NO. S-B REQUEST Approve Minutes of May 15, 2007 Pre-Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. June 15, 2007 MERIDIAN CITY COUNCIL MEETING June 19, 2007 APPLICANT ITEM NO. S -C REQUEST Approve Minutes of May 22, 2007 Pre -Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST. INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meddian. June 15,2W7 MERIDIAN CITY COUNCIL MEETING June 19, 2007 APPLICANT ITEM NO. 5-D REQUEST Approve Minutes of May 22, 2007 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: __.. Materials presented at pubBc meetings shag become property of the City of Meridian. • June 15, 2007 MERIDIAN CITY COUNCIL MEETING June 19, 2007 • CPA 07-007 APPLICANT City of Meridian Planning Department ITEM NO. 5-E REQUEST Resolution — Request to amend Comp Plan Future Land Use Map for the future Ten Mile Interchange area to modify various future land uses designations & create new future land use designations for the Ten Mlle Area Comprehensive Plan Amdmt — Linder Rd to east, McDermott to west & UPR to north AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See aftached Resolution 50 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. a7-5-63 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2002 COMPREHENSIVE PLAN FOR THE FUTURE TEN MILE INTERCHANGE AREA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to I.C. § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and WHEREAS, the Mayor and City Council have deemed it appropriate to amend the future land use map of the 2002 Comprehensive Plan for the future Ten Mile Interchange Area; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached hereto incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE — FUTURE TEN MILE INTERCHANGE AREA — CPA 07-007 Page 1 of 2 0 • ADOPTED by the City Council of the City of Meridian, Idaho, this d day of tT4ga, , 2007. APPROVED by the Mayor of the City of Meridian, Idaho, this day of ju--y '2007. APPROVED: ofo Tarr i�Weerd ATTEST: "ICA / By:� EAL William G. Berg, Jr., My CTk e COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE — FUTURE TEN MILE INTERCHANGE AREA — CPA 07-007 Page 2 of 2 0 • June 15,2W7 CPA 07-008 MERIDIAN CITY COUNCIL MEETING June 19, 2007 APPLICANT City of Meridian Planning Department ITEM NO. 5-F REQUEST Resolution — Request to amend the Comp Plan by adding the Ten Mile Interchange Specific Area Plan as an addendum to the Com p Plan for the Ten Mlle Specific Area Plan text — Under Road to east, McDermott Road to the west, the Union Pacific Railroad to the north and 1/2 mile south of Overland AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Resolution Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. 0 CITY OF MERIDIAN RESOLUTION NO. 0 7 — 54� 4' BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE TEXT OF THE CITY OF MERIDIAN COMPREHENSIVE PLAN TO ADD THE TEN MILE INTERCHANGE SPECIFIC AREA PLAN AS AN ADDENDUM BY THE CITY OF MERIDIAN PLANNING DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to I.C. § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and, WHEREAS, the Meridian City Planning Department is requesting to include the entire Ten Mile Interchange Specific Area Plan as an addendum to the existing Comprehensive Plan; and, WHEREAS, this addendum is intended to be a stand alone document that is not physically integrated into the Comprehensive Plan, but incorporated by reference; and WHEREAS, the Meridian City Planning Department is also requesting to include two specific references to the Ten Mile Interchange Specific Area Plan in the text of the existing Comprehensive Plan. These references will be physically added into the Comprehensive Plan itself and act as links between the existing Comprehensive Plan and the proposed Ten Mile Interchange Specific Area Plan; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan by adding the Ten Mile Interchange Specific Area Plan as an addendum by the City of Meridian Planning COMPREHENSIVE PLAN AMENDMENT FOR ADDITION OF TEN MILE INTERCHANGE SPECIFIC AREA PLAN AS AN ADDENDUM AND ADD TEXT REFERENCES Page I of 3 0 0 Department and adding two specific references to the Ten Mile Interchange Specific Area Plan in the Comprehensive Plan itself to act as links between the existing Comprehensive Plan and the proposed Ten Mile Interchange Specific Area Plan. A copy of this Resolution shall be held on file in the office of the City Clerk. The revisions to the Comprehensive Plan are as follows: Chapter I Introduction A. Plan Purpose and Scope This plan applies to all geographic areas within Meridian's jurisdictions, including its surrounding Area of Impact. Plan goals, objectives, and action items are designed to address a 10 -year period, although population forecasts are prepared to the year 2020. In the event of conflicts between this plan and any adopted addendums or specific area plans, the more restrictive policies shall prevail. Chapter VII How Is The Land in Meridian Developed? C. Future Conditions 1. Land Use Ten Mile Interchange Specific Area Plan A specific plan has been developed for approximately 2,800 acres bordered (roughly) by Linder Road to the east; McDermott Road to the west, the Union Pacific Railroad line to the north and % miles south of Overland Road on the south. The specific area plan is an addendum to this Comprehensive Plan and places an emphasis on a mix of uses, both residential and commercial; new employment areas; higher density residential; a planned collector road network and design guidelines. SECTION 2. EFFECTIVE DATE. 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 I ! " ^day Of �krn,Q_, , 2007. APPROVED by the Mayor of the City of Meridian, Idaho, this 'day of ZT"I 1— 12007. APPROVED: Mayor T de Weerd COMPREHENSIVE PLAN AMENDMENT FOR ADDITION OF TEN MH.E INTERCHANGE SPECIFIC AREA PLAN AS AN ADDENDUM AND ADD TEXT REFERENCES Page 2 of 3 0 ATTEST: < OF By: ! BEAL William G. Berg, Jr., Ci Clerk 0 COMPREHENSIVE PLAN AMENDMENT FOR ADDITION OF TEN MILE INTERCHANGE SPECIFIC AREA PLAN AS AN ADDENDUM AND ADD TEXT REFERENCES Page 3 of 3 June 15, 2007 MERIDIAN CITY COUNCIL MEETING APPLICANT Joint School District No. 2 ITEM NO. 5-G REQUEST Resolution — Request for an amdmt to the Comp Plan Future Land Use Map to change the land use designation from Industrial to Commercial for Jabli East Comprehensive Plan Amendment — 13003 East Central Drive AGENCY COMMENTS June 19, 2007 . , IX01M 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 Resolution Date: (M/ d%Phone: 3 V3� �a'� tCL4l-eLV ZlyArwC �'rli, -oK Staff Initials: � Materials presented at public meetings shall become properly of the City of Meridian. CITY OF MERIDIAN RESOLUTION NO. 69 7' 57�6 5 - BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2002 COMPREHENSIVE PLAN FOR THE 19 ACRE PARCEL KNOWN AS JABIL EAST LOCATED ON THE WEST SIDE OF LOCUST GROVE ROAD AT 1303 E. CENTRAL DRIVE, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to I.C. § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and WHEREAS, the Mayor and City Council have deemed it appropriate to amend the future land use map of the 2002 Comprehensive Plan for the Jabil East Area; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached hereto incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE - JABIL EAST AREA - CPA 07-004 Page 1 of 2 ADOPTED by the City Council of the City of Meridian, Idaho, this -C -�= day of ';Z%64,p,R,, , 2007. APPROVED by the Mayor of the City of Meridian, Idaho, this 6 Few -- day of rcrk'^C... '2007. APPROVED: 4yor Ta de Weerd Of ATTEST: R, By: SEAL =- William G. Berg, Jr., Ci Cler - 7 � s COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE — JABIL EAST AREA — CPA 07-004 Page 2 of 2 N 40 June 15, 2007 CPA 07-005 MERIDIAN CITY COUNCIL MEETING June 19, 2007 APPLICANT City of Meridian Planning Department ITEM NO. 5-H REQUEST Resolution - Request for an amdmt to the Comp Plan Future Land Use Map to change the land use designation from Industrial to Commercial for Jabll West Comprehensive Plan Amendment - 915 East Central Drive AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See attached Resolution 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. 0 7— 56 4 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2002 COMPREHENSIVE PLAN FOR THE 19 ACRE PARCEL KNOWN AS JABIL WEST LOCATED ON THE SOUTH SIDE OF CENTRAL DRIVE APPROXIMATELY % MILE EAST OF MAIN STREET AT 915 E. CENTRAL DRIVE, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to I.C. § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and WHEREAS, the Mayor and City Council have deemed it appropriate to amend the future land use map of the 2002 Comprehensive Plan for the Jabil West Area; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached hereto incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE – JABIL WEST AREA – CPA 07-005 Page 1 of 2 11 ADOPTED by the City Council of the City of Meridian, Idaho, this day of r74,2 e, , 2007. APPROVED by the Mayor of the City of Meridian, Idaho, this d .? day of �� , 2007. APPROVED: Mayor T y de Weerd ATTEST: B y' -BEAL _ William G. Berg, Jr., Ciff Clerk 'r COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE — JABIL WEST AREA — CPA 07-005 Page 2 of 2 0 Ah dft • 1 c M_ • ■ 1, .•-D _LTRATI I� ■ ■ i ■ .■ .. = �1, o � .. 111 w t � 0 • June 15, 2007 MERIDIAN CITY COUNCIL MEETING June 19, 2007 CPA 07-001 APPLICANT Lynn Thomas ITEM NO. 5-1 REQUEST Resolution — Request for a Comp Plan Amendment to change the Future Land Use Map designation from Industrial to Commercial for property located at 600 E. Franklin Road for Thomas Comprehensive Plan Amendment — n/o Franklin e/o Meridian AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY see attached Resolution CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT:fal MERIDIAN SCHOOL DISTRICT:01 /t 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: W/07 hone: 6%-->z% {(o 3 Emailed: LMd/na.•s ZQ, CdAIStaff Initials: Materials presented at public meetings shall become property of the City of Meridian. • U CITY OF MERIDIAN RESOLUTION NO. ® 7- 157�6 7 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2002 COMPREHENSIVE PLAN FOR AREA LOCATED AT 600 E. FRANKLIN ROAD, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to I.C. § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and WHEREAS, the Mayor and City Council have deemed it appropriate to amend the future land use map of the 2002 Comprehensive Plan for the area located at 600 E. Franklin Road, Meridian, Idaho; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached hereto incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE — THOMAS — CPA 07-001 Page 1 of 2 0 0 0 ADOPTED by the City Council of the City of Meridian, Idaho, this day of ci rGr/i�.e �' , 2007. APPROVED by the Mayor of the City of Meridian, Idaho, this day of , 2007. APPROVED: Mayor T y de \\\'\\\��it ATTEST: OF <® LIM s� William G. Berg, Jr., City QWVerkBEAL v� COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE — THOMAS — CPA 07-001 Page 2 of 2 n New O 3 M �M 2 y r0 CD C C EAST Q n 5TH co 0 STRATFORD z z BALTIC Z • June 15, 2007 MERIDIAN CITY COUNCIL MEETING June 19, 2007 APPLICANT ITEM NO. S -J REQUEST Resolution — Adopting the Amended By -Laws of the Mayor's Youth Advisory Council 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 meefings shall become properly of the City of Meridian. COMMENTS See attached Resolution • CITY OF MERIDIAN BY THE CITY COUNCIL: • RESOLUTION NO. 07,_6_60 BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION ADOPTING THE AMENDED BY-LAWS OF THE MAYOR'S YOUTH ADVISORY COUNCIL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS a Mayor's Youth Advisory Council of the City of Meridian was established on February 15, 2005; and WHEREAS, the youth of the City of Meridian constitute an underutilized resource of ideas, knowledge and experience with respect to the City and its affairs; and WHEREAS, the students of Meridian area high schools are willing to devote their time and energy into improving the City and the community to encourage local youth to become more familiar with the workings of local government through education and participation through the Mayor's Youth Advisory Council; and WHEREAS, on May 14, 2007, the Mayor's Youth Advisory Council prepared and adopted Amended By -Laws, as attached Exhibit "A", to provide organization of the Mayor's Youth Advisory Council, its actions and agenda; and WHEREAS, on June 19, 2007, the City Council of the City of Meridian, upon the recommendation of the Mayor's Youth Advisory Council, approved adoption of said Amended By -Laws of the Mayors Youth Advisory Council. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. The City Council of the City of Meridian has adopted the Amended By -Laws of the Mayor's Youth Advisory Council attached as exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. RESOLUTION ADOPTING THE AMENDED BY-LAWS OF THE MAYOR'S YOUTH ADVISORY COUNCIL Page 1 of 2 0 0 ADOPTED by the City Council of the City of Meridian, Idaho l fi day of APPROVED by the Mayor of the City of Meridian, Idaho, this day of IeT6"� '2007. APPROVED: MAYQR c OF BEAL - WILLIAM G. BERG, JR., STATE OF IDAHO) County of Ada, ) On this day of TLLLnL , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and �M4, this certificate first above written. Q 0TA�'•'�'rf,,: (SEAL): Notary Public for Idaho 10.4, ��, �p�' Residing at: =ol 1 r 1 ••9 My Commission Expires: I(,, •: OF ;• •. •®. RESOLUTION ADOPTING THE AMENDED BY-LAWS OF THE MAYOR'S YOUTH ADVISORY COUNCIL Page 2 of 2 • MAYOR'S YOUTH COUNCIL OF THE CITY OF MERIDIAN, IDAHO (By-laws) WHEREAS the youth of the City of Meridian, Idaho (hereinafter "the City") constitute an underutilized resource of ideas, knowledge and experience with respect to the City and its affairs; and WHEREAS the Mayor of the City of Meridian (hereinafter "the Mayor") desires and seeks input from the youth into the affairs and issue of the City through a Mayor's Youth Advisory Council; and WHEREAS the students of Meridian area high schools are willing to devote their time and energy into improving the City and the community and to encourage local youth to become more familiar with the workings of local government through education and participation through the Mayor's Youth Advisory Council; NOW THEREFORE, the Mayor and the City Council of the City of Meridian hereby establish the Mayor's Youth Advisory Council and adopt the following By -Laws. ARTICLE I. INTENT The intent in preparing and adopting these By -Laws is to provide a framework for organization of the Mayor's Youth Advisory Council, its actions and agenda. It is not the intent of the City, or the officers and members hereinafter described to create a legal entity of any sort including without limitation, a corporation, non-profit corporation, limited liability company, partnership nor any other business or quasi -public entity. ARTICLE II. OFFICES The principal location of the Mayor's Youth Advisory Council shall be at the Office of the Mayor, 33 E. Idaho, Meridian, Idaho 83642. The Mayor's Youth Advisory Council may BY-LAWS of the MAYOR'S YOUTH ADVISORY COUNCIL — Page 1 0 have such other offices as the Executive Committee may designate or as the business of the Mayor's Youth Advisory Council may require from time to time. ARTICLE III. MEMBERSHIP AND MEETINGS Section 1. Monthly Meeting. The Mayor's Youth Advisory Council shall hold eighteen (18) meetings during the school year, two (2) in each of the months between September and May of the school year. The meetings shall be held the 2nd Monday and at a specified date and time as determined by the Council at the first meeting of the school year. These meetings will be held as regularly scheduled unless otherwise noticed. Section 2. Special Meetings. Special meetings of the members, for any purpose or purposes, may be called by the Executive Committees. Section 3. Place of Meeting. The Executive Committee may designate any place as the place of meeting called by the Executive Committee. If no designation is made, or if a special meeting be otherwise called, the place of meeting shall be the principal location of the Mayor's Youth Advisory Council. Section 4. Notice of Meeting. Written notice stating the place, day and hour of the meeting and, shall, unless otherwise prescribed by statute, be delivered not less than forty-eight (48) hours nor more than thirty (30) days before the date of the meeting, either personally, by e-mail, or by regular mail, by or at the direction of the chairperson, or the secretary, to each member of record entitled to vote at such meeting. The notice of a regular or special meeting of the Mayor's Youth Advisory Council shall specify the purpose of the meeting, including amendment to these By -Laws, or business to be transacted at such meeting and the agenda to be considered. Section 5. Quorum. The Quorum is established for the meeting by the majority of the members of the Executive Committee present. The number present is established by BY-LAWS of the MAYOR'S YOUTH ADVISORY COUNCIL — Page 2 0 0 the current number of elected members of the Committee. If the quorum is lost during the course of the meeting the official meeting is over. Section 6. Membership. Membership on the Mayor's Youth Advisory Council is open to all students with a strong interest to be involved in the future of the City of Meridian. Representation and involvement is encouraged from the following high schools (Mountain View High School, Meridian Academy, Central Academy High School, Meridian Technical Charter High School, Cole Valley Christian High School, Meridian Medical Arts Charter High School, and Meridian High School). Section 7. Voting. Voting shall consist of all members of the Executive Committee present. Voting shall be in the public meeting and may not be by secret ballot. Section 8. Participation. Members are asked to serve on a minimum of one MYAC committee, city committee or project as assigned. It is important that they may miss no more than two of these meetings during the school year to assure the youth has proper representation and a voice at these meetings. ARTICLE IV. EXECUTIVE COMMITTEE Section 1. General Powers and duties. The business and affairs of the Mayor's Youth Advisory Council shall be managed by the Executive Committee. The Executive Committee shall be responsible for planning the agenda for the school year and for each of the monthly meetings of the Mayor's Youth Advisory Council along with the Mayor, setting and proposing potential subcommittees, and discharging any other responsibilities assigned by the Executive Committee. Section 2. Officers: Number, Tenure and Qualifications. There shall be nine (9) members from the body of membership of the Mayor's Youth Advisory Council who serve as officers on the Executive Committee. Officers shall be elected by the BY-LAWS of the MAYOR'S YOUTH ADVISORY COUNCIL — Page 3 0 0 membership at the last meeting of the school year. The term of office for each officer shall begin thereafter serving through the next school year. The Executive Committee shall consist of a representative from each of the traditional high schools in the City (Meridian, Mountain View, and Rocky Mountain [during the 2007-08 school year the representative for Rocky Mountain will just be an "at -large" member]) as well as one "at large" representative for the remaining high schools or high school students within the City (Cole Valley, Technical Charter, Medical Arts, Alternative, Academies, home schooled, or a student from any area high school that lives within the City). If no candidate(s) from the respective schools applies than the candidate(s) may selected "at -large." The officers of the Executive Committee shall consist of a chairperson, a vice -chairperson (or chairman -elect), secretary, treasurer, historian. The remaining members as detailed above shall constitute the rest of the Executive Committee. The non -officers can be assigned specific duties or may assist the designated officer's with their respective duties. The chairperson may not serve for more then two consecutive terms. Section 3. Regular Meetings. A regular meeting of the Executive Committee may be held without notice other than this bylaw, at times and dates established by the Executive Committee. The Executive Committee shall provide, by resolution, the time and place for holding one (1) additional regular meeting during the months of June, July or August immediately following the school year without notice other than such resolution. Additional regular meetings shall be held at the principal office of the Mayor's Youth Advisory Council in the absence of any designation in the resolution. Section 4. Special Meetings. Special meetings of the Executive Committee may be called by or at the request of the chairperson or other officer, and shall be held at the principal office at the Mayor's Youth Advisory Council or at such other place as the Executive Committee may determine. BY-LAWS of the MAYOR'S YOUTH ADVISORY COUNCIL — Page 4 C1 Section 5. Notice. Notice of any additional or special meeting of the Executive Committee shall be given as outlined about in Article III, Section 4 of these by-laws. The notice shall specify the purpose, agenda, or business to be transacted, at the meeting. Section 6. Quorum. A majority of the number of Executive committee members are fixed by these By -Laws (i.e.: five) shall constitute a quorum for the transaction of business at any meeting of the Executive Committee. If the quorum is lost during the course of the meeting the official meeting is over. Section 7. Election and Term of Office. The officers shall be elected annually by the members at the last meeting of the school year. Each officer shall hold office until resignation, termination and removal, or disqualification in the manner herein provided. Section 8. Vacancies. Any vacancy occurring on the Executive Committee because of resignation, removal, and disqualification or otherwise shall be filled in the same manner as required for the election of officers by these by-laws. An officer so elected to fill a vacancy shall serve the unexpired term of the predecessor in office. Resignation is the voluntary choice of the Committee member to relinquish their duties and position. Termination and removal is an action taken by the Mayor's Youth Advisory Council acting at regular meeting and must be by motion and second to remove the executive committee member for cause for failure or refusal to perform the duties of their respective office. A two-thirds majority of the members present must be in the affirmative to terminate and remove the Committee member. Disqualification shall apply when a member no longer is a student eligible to participate in this Council by suspension or expulsion from the School or moving from the School District. No action by the Council is necessary other than acknowledging proof that the Committee member is no longer qualified to hold office. BY-LAWS of the MAYOR'S YOUTH ADVISORY COUNCIL — Page 5 +0 • Section 9. Powers and Duties. The powers and duties of the officers shall be as provided from time to time by resolution or directives of the members. The chairperson shall preside over and conduct all meetings of the Mayor's Youth Advisory Council and of the Executive Committee, determining agendas for the monthly meetings of the Mayor's Youth Advisory Council and the Executive Committee, act as spokesperson for the Mayor's Youth Advisory Council, act as signatory on all documents for which the Mayor's Youth Advisory Council provides authorization to sign, delegate authority to any officer or member of the Mayor's Youth Advisory Council if circumstances so warrant, and act upon any other matters and in the manner authorized by the Mayor's Youth Council. The vice -chairperson shall act in the place of the chairperson upon the chairperson's absence or inability to act as authorized herein, and take action as delegated by the chairperson. The administrative assistant shall prepare the minutes of each meeting of the Mayor's Youth Advisory Council and Executive Committee prior to the next monthly meeting, prepare and mail the notices of each meeting and prepare and enclose the agendas for each meeting with the notice of such meetings. The treasurer shall be responsible for all financial matters of the MYAC including the budget, financial reports, vouchers, and the books or ledgers. The historian shall act as the record keeper of all activities of the MYAC, keep archives, and deal with media relations as chair of the standing Mayor's Public Relations Committee of the MYAC. Section 10. Agendas. Any member of the Mayor's Youth Advisory Council may submit a request for placement of any item on the agenda to any member of the Executive Committee for consideration at the next monthly meeting. Such request shall be placed on the agenda at the discretion of the chairperson and, if placed upon the agenda, shall be considered at a monthly meeting determined by the Executive Committee, provided adequate and sufficient notice of the item for consideration has been given as set forth herein. BY-LAWS of the MAYOR'S YOUTH ADVISORY COUNCIL — Page 6 ARTICLE V. SUBCOMMITTEES Section 1. Standing committees. The following subcommittees shall be standing committees, and their term shall be perpetual: the Executive Committee and the Mayor's Public Relations Committee of the Mayor's Youth Advisory Council. Section 2. Ad hoc committees. Any other subcommittees the Mayor's Youth Advisory Council determines are necessary shall be created for a limited term of the remainder of the school year and shall continue during such school year at the discretion of the Mayor's Youth Advisory Council. Such subcommittees shall be created by a majority vote of a quorum of members at any of the monthly meetings of the members. ARTICLE VI. AMENDMENTS These By -Laws may be altered, amended, or repealed, and new By -Laws may be adopted by the Mayor's Youth Executive Council with prior written notice to the members as provided herein; provided, however, that such alternations, amendments or repeals first be authorized by a two-thirds (2/3) vote of all members of the Mayor's Youth Advisory Council, and provided further that a vote by proxy shall not be permitted. ARTICLE VII. ADOPTION AND EFFECTIVE DATE The foregoing amended By -Laws were regularly adopted at the meeting of the Mayor's Youth Advisory Council, and thereafter ratified at the meeting of the City Council of the City of Meridian held on the Fourteenth day of May, 2007. These By -Laws shall be effective as of the date of adoption by the City Council. BY-LAWS of the MAYOR'S YOUTH ADVISORY COUNCIL — Page 7 2006-07 members of the Meridian Mayor's 1 BY-LAWS of the MAYOR'S YOUTH ADVISORY COUNCIL — Page 8 • BY-LAWS of the MAYOR'S YOUTH ADVISORY COUNCIL — Page 9 June 15, 2007 SHP 07-004 MERIDIAN CITY COUNCIL MEETING June 19, 2007 APPLICANT Tealey's Land Surveying ITEM NO. 5-K REQUEST Request for Short Plat approval of 8 residential condominium units in 2 buildings in an R-15 zone for Mayflower Place Condominium -- 1236, 1254, and 1278 Northeast 2 1/2 Street AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT. MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See aftaehed Staff Report Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubic meetings sha8 become property of the City of Meridian. June 15, 2007 MERIDIAN CITY COUNCIL MEETING APPLICANT Strada Commercial, LLC ITEM NO. S -L REQUEST Findings for Approval -- Request for a Variance for location of the subdivision identification sign away from the subdivision entrance for Strada Bellissima Business Park -- Northwest Corner of South Meridian Road and West Victory Road June 19, 2007 VAR 07-009 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See aftched Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: l Date: ( �07 Phone: u?GD2L- 77G0 Emailed:i ( `Ana (e - tlq trWrS Staff Initials: aM Materials presented at public meetings shall beco a property of the City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Variance to UDC 11-3D-10, Table 3, to Allow One of the Subdivision Identification Signs for Strada Bellissima Business Park to be Located Away from the Subdivision Entrance on W. Victory Road, by Strada Commercial, LLC. Case No(s). VAR -07-009 For the City Council Hearing Date of: June 5, 2007 (Findings on the June 19, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 5, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 5, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 5, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 5, 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 § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -07-009 • • 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 findings listed in the attached Staff Report for the hearing date of June 5, 2007, incorporated by reference. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A 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 relocate the subdivision identification sign for Strada Bellissima Business Park away from the subdivision entrance on Victory Road to the northwest corner of S. Meridian Road and Victory Road as proposed, is hereby approved subject to the Applicant submitting a Planned Sign Program in accordance with the items discussed at the public hearing. D. Attached: Staff Report for the hearing date of June 5, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -07-009 9 0 By action of the City Council at its regular meeting held on the day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED _$�kA— COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED_P!! � COUNCIL MEMBER KEITH BIRD VOTED�i... TIE BREAKER MAYOR TAMMY de WEERD VOTED .r– MAYOA,T , ` de WEERD ATTEST: ;tL - �/- REAL = WILLIAM G. BERG, JR., Icnfy CLERK Copy served upon: ✓ Applicant �riii��`''``�\\\\'� —►� Planning Department o Eublic Works Department City Attorney BDated:�� d 1 Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -07-009 0 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JUNE 5, 2007 STAFF REPORT Hearing Date: June 5, 2007 TO: Mayor and City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: Strada Bellissima Business Park • VAR -07-009 x CITY ,rIF +I IDAHO rl �, yfw syfF t- 1 Request for a variance to UDC 11-3D-10, Table 3, to allow one of the subdivision identification signs for Strada Bellissima Business Park to be located away from the subdivision entrance on W. Victory Road. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting a variance from Unified Development Code (UDC) 11-3D-10, Table 3, which requires subdivision identification signs to be located at the entrance of the subdivision. The applicant is requesting that the subdivision identification sign for Strada Bellissima Business Park be located approximately 400 feet east of the subdivision entrance on W. Victory Road. The applicant proposes to place the sign on the northwest corner of State Highway (SH) 69 and Victory Road. The applicant's justification for the variance is outlined below. 2. SUMMARY RECOMMENDATION Staff is recommending denial of the subject Variance application (VAR -07-009) for the reasons listed herein. Strada Bellissima Business Park Sign Variance VAR -07-009 PAGE 1 11 I I; r 1 I� 1 I M-3 FIR Tn. EMPTI.-I n, TOM 6TrT,7q M 1 u 1 . 1 1I ' 1 I 1 1 11 11 1 MTV!". ' ♦ r S• I M 1 11 1 1 \ 1 1 1 1 ri 7 • I 1 I1• 1 I I 1 1 1 1 r % 1. 11 r \ 1; 1 Ifil allII Cg, 1V MT7,T � 1 I I• I' 1 j � 1 II 11 I I_ 1 1 I 1 I X 1 1 1 1 I 1 11 X1.1 ' W rI 1- 1 JI I K r l 1 1 1 11 1 i l k O1 M 11 I Strada Bellissima Business Park Sign Variance VAR -07-009 PAGE 1 0 i CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JUNE 5, 2007 3. PROPOSED MOTION (to be considered after the public hearing) Denial After considering all staff, applicant and public testimony, I move to deny File Number VAR -07- 009 as presented in the staff report for the hearing date of June 5, 2007, for the following reasons: (you should state specific reasons for denial.) Approval After considering all staff, applicant and public testimony, I move to approve File Number VAR -07- 009 as presented during the hearing on June 5, 2007. Continuance After considering all staff, applicant and public testimony, I move to continue File Number VAR - 07 -009 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: Northwest comer of State Highway 69 and Victory Road Southeast '/a of Section 24, Township 3 North, Range 1 West b. Owner: Strada Commercial, LLC 9605 Pebblebrook Garden City, ID 83714 c. Applicant: Same as Owner d. Representative: Michael Crawford, Pinnacle Engineers, Inc. e. Present Zoning: L -O (Limited Office) f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: The applicant is requesting a variance from UDC 11-3D-10, Table 3, to allow the subdivision identification sign for Strada Bellissima Business Park to be located away from the subdivision entrance as the UDC requires. h. Applicant's Statement/Justification: "The main departure from the signage as delineated in the ordinance is the fact that we intent to move the allowed subdivision identification sign away from the entrance on Victory Road which will be obscured from view due to curvature of the road and the location of future building, to a location closer to Kuna-Meridian Road. The entrance was moved farther away from Meridian Road for public safety, but due to road curvature and building design that location doesn't function well for a sign location." (See Applicant's narrative for more detail.) 4. PROCESS FACTS a. The subject application will in fact constitute a variance as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11-5A- 1), a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: May 14`h, 2007 and May 28"', 2007 Strada Bellissima Business Park Sign Variance VAR -07-009 PAGE 2 0 0 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JUNE 5, 2007 c. Radius notices mailed to properties within 300 feet on: May 11th, 2007 d. Applicant posted notice on site by: May 22nd, 2007 5. LAND USE a. Existing Land Use(s): Property is currently being developed as a commercial business park with surrounding single family residences. b. Description of Character of Surrounding Area: Commercial Business Park and residential neighborhood in the process of development. c. Adjacent Land Use and Zoning: 1. North: Strada Bellissima Business Park, zoned L -O 2. West: Strada Bellissima Subdivision, zoned R-4 3. South: Rural residential, zoned RUT (Ada County) 4. East: Mussell Corner Subdivision (Double D Feed Store & fuel station), zoned C -G d. History of Previous Actions: This property is part of Strada Bellissima Subdivision, which was previously annexed (AZ -04-028), platted (PP -04-038, FP -05-022), and a conditional use permit (CUP -04-047) approved for a single-family residential/commercial development in 2004. 6. AGENCY COMMENTS MEETING No agency comment meeting was held specifically for this Variance application. All affected agencies were informed about this request and given the opportunity to submit comments to the Planning Department to be included in this report. No site specific comments or requirements were provided for the Variance application by other agencies or departments. 7. UNIFIED DEVELOPMENT CODE The following UDC sections are pertinent to this application: 11 -3D -8I: 2. Where a center sign is on the same street frontage as the subdivision identification sign, the background area of the existing center sign shall be subtracted from the allowable background area for the subdivision identification sign. 3. Subdivision identification signs shall only identify the subdivision or development name. Such signs shall not identify any businesses, tenant, or developer names. 11-3D-10, Table 3 SIGN MAXIMUM MAX. LOCATION/ ILLUMINATION NUMBER PERMIT TYPE BACKGROUND HEIGHT SETBACK ALLOWED REQUIRED AREA Subdivision 80 sq. ft Max. 5 ft. from Indirect, Internal 1 per entrance Y Identification building property line height of district ` See Sections 11 -3D -8I and 11-3D-9D2b for allowable background area where a subdivision identification sign and center sign are on the same street frontage 8. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Strada Bellissima Business Park Sign Variance VAR -07-009 PAGE 3 0 ! CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JUNE 5, 2007 The applicant is requesting a Variance from UDC 11-3D-10, Table 3, which requires subdivision identification signs to be located at the subdivision entrance (1 per entrance). The applicant is proposing to locate the subdivision identification sign away from the subdivision entrance on W. Victory Road, approximately 400 feet to the east on the comer of SH 69 and Victory Road. The Applicant's justification is that if the sign is located at the subdivision entrance to Victory Road, it will be obscured from view from SH 69 due to curvature of the road and the location of a future building. After review of the site plan, the applicable sections of the UDC, and a visit to the site, Staff determines the following: ➢ The applicant's justification for the relocation of the subdivision identification sign that the location of a future building will block the view of the sign from SH 69 is self- imposed. The building could be shifted back to allow a more clear view of the sign from the intersection of SH 69 and Victory if the sign is deemed to not have enough visibility. ➢ The site plan shows one subdivision identification sign proposed at the northern entrance to the business park, visible from SH 69; one subdivision identification sign at the northwest comer of SH 69 and W. Victory Road; and one multi -tenant monument sign proposed at the southern subdivision entrance on Victory Road. Staff believes that one subdivision identification sign visible from SH 69 should be sufficient to provide visibility and direction to the business parkfrom SH 69 and that two is not necessary. Further, a subdivision identification sign should be provided at the southern entrance for visibility from Victory and direction into the business park at this location. Staff suggests the multi -tenant monument sign, rather than the subdivision identification sign, be placed along SH 69 for advertisement of the businesses within the subdivision. ➢ The UDC specifically allows one subdivision identification sign "per entrance." The proposed location of the subdivision identification sign is not at an entrance to the subdivision; the proposed sign is approximately 400 feet from the entrance into the subdivision. To grant a variance the Findings listed in Exhibit B of this report must be made; Staff does not believe that Findings can be made for approval of the requested variance in this case. Staff believes that although the requested variance would not be detrimental to the public health, safety, and welfare, granting a variance for the reason requested by the applicant would not relieve an undue hardship and would grant a special right or privilege that is not otherwise allowed in the L -O district. b. Summary Recommendation: Staff is recommending denial of the subject Variance application (VAR -07-009), per the Findings listed in Exhibit B of this report. The Meridian City Council heard this item on .Tune 5- 2007. At the public hearing they annrnyed the `7 request subject to the ApiDlicant submittinga Planned Sign Program in accordance with the items discusted-atthe public heallup, 011: up A. Drawings 1. Site Plan 2. Proposed Subdivision Identification Sign B. Required Findings from UDC (Variance) Strada Bellissima Business Park Sign Variance VAR -07-009 PAGE 4 0 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JUNE 5, 2007 Exhibit A: Drawings 1. Site Plan Strada Bellissima Business Park Sign Variance VAR -07-009 Exhibit A Page I 0 0 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JUNE 5, 2007 2. Proposed Subdivision Identification Sign C0"4 AT®ee m F VAS# W'F0MATCW R" r Rei 4 Y f � K' I SCAW r . A AM Golden 1 ADVERTISINGAW Tm a , Is PWILCIW UN" f � emir LAWS CAMOT OE RBWXMU= ea Wefotg rr eg EW SSIM OF w tN VYgBT AUVEMSM NC, STRA�ABEL mm park r oy.o�. ag ee ��.�ea ere ede eeners lo�ap wi be4+r twee 2173-07 #� ► yes.® so afna 4n�pa�ua43t�szt9sII-Rt n Strada Bellissima Business Park Sign Variance VAR -07-009 Exhibit A Page 2 0 0 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JUNE 5, 2007 Exhibit B: Required Findings from UDC (Variance) The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11 -5B -4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the followingfindings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: The City Council finds that granting a variance in the location of the proposed subdivision identification sign, away from the subdivision entrance, would not grant a right or special privilege to the Applicant that is not otherwise allowed in the L -O district. B. The variance relieves an undue hardship because of characteristics of the site; This commercial development is located on the corner of two very busy arterial streets, SH 69 & Victory Road, with one entrance near SH 69 and one entrance to/from Victory Road. The City Council finds that granting a variance to allow the subdivision identification sign to be located on SH 69, away from the southern subdivision entrance on Victory Road for visibility purposes, does constitute a hardship because of characteristics of the site. C. The variance shall not be detrimental to the public health, safety, and welfare. The City Council finds that granting the subject variance would not be detrimental to the public health, safety, or welfare. Strada Bellissima Business Park Sign Variance VAR -07-009 Exhibit B Page 1 L] E June 15, 2007 AZ 07-005 MERIDIAN CITY COUNCIL MEETING June 19, 2007 APPLICANT Thomas & JoAnn Pfost ITEM NO. 5-M REQUEST Findings for Approval - Request for Annexation and Zoning of 1.46 acres from RUT to an R-4 zone for the propertly located at 1205 West Overland Road for Most Property - 1205 West Overland Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: C 11:1;0 Contacted: Emailed: See attched Findings Jr Date: T%d 7 Phone: 600 -6 -yd-? A-IS/7UM Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. u CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER E In the Matter of the Request of Annexation and Zoning of 1.46 acres from RUT (Ada County) to R-2, by Thomas & JoAnn Pfost. Case No(s). AZ -07-005 For the City Council Hearing Date oh. June 5, 2007 (Findings on the June 19, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 5, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 5, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 5, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 5, 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 § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -07-005 Page 1 of 3 0 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 and the provisions of the Development Agreement contained in the attached Staff Report for the hearing date of June 5, 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 § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Annexation as evidenced by having submitted the legal description and exhibit map stamped and dated March 7, 2007 by Clinton Hansen, PLS, is hereby conditionally approved; and, 2. A Development Agreement is required with approval of the subject annexation and shall include the provisions noted in the attached Staff Report for the hearing date of June 5, 2007, incorporated by reference. D. Attached: Staff Report for the hearing date of June 5, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -07-005 Page 2 of 3 0 0 By action of the City Council at its regular meeting held on the < day of 2007. IV COUNCIL MEMBER DAVID ZAREMBA VOTEDV'^ COUNCIL MEMBER JOE BORTON VOTED_P%!7 COUNCIL MEMBER CHARLIE ROUNTREE VOTED_Cgr COUNCIL MEMBER KEITH BIRD VOTED4/i MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor T e Weerd Attest: vC9- L4� RAL William G. Berg, Jr., City C k Copy served upon Applicant, The Planning �c Works Department and City //II P1P1 III111\\\ Attorney. By: Dated: LQ -?- Lb City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -07-005 Page 3 of 3 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 STAFF REPORT Hearing Date: June 5, 2007 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: Pfost • AZ -07-005 s MR r u VFW 10AHO Annexation and Zoning of 1.46 acres from RUT (Ada County) to R-4 RR=2 (Medium -Low -Density Residential). 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicants, Thomas and JoAnn Pfost, have applied for Annexation and Zoning (AZ) to R-4 (Medium Low -Density Residential) of 1.46 acres of property currently zoned RUT in Ada County. The site is located at 1205 W. Overland Road on the south side of W. Overland Road, approximately '/a mile east of S. Linder Road. This site is currently improved with one single-family residential home and accessory outbuildings. The subject request for annexation is based upon the fact that the well that services this home is located in the path of the Overland Road widening project. For this reason, the applicants are requesting annexation to hook up to city water. This property is within the City's Area of Impact and Urban Service Planning Area and is contiguous to the current City limits. 2. SUMMARY RECOMMENDATION The subject application (AZ) was submitted to the Planning Department for review. Below, staff has provided a detailed analysis, comments, and recommended actions for the requested AZ application. Staff is recommending approval of the Most Annexation and Zoning (AZ -07-005) request as presented in the staff report for the hearing date of May 3, 2007, based on the Findings of Fact listed in Exhibit D of this staff report. The Meridian Planning and Zoning Commission heard this item on May 3 2007 At the public hearing the Commission voted to recommend approval. a. Summary of Commission Public Hearin i. In favor: Thomas Pfost (Owner/Applicant) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. None c. Kev Commission Changes to Staff Recommendation: i. None d. Outstanding Issues) for City Council: i. None Pfost AZ -07-005 PAGE 1 I 1 1 I I , , 1 m Wu 1 1 1 1 1 1 \ 1 I• Pfost AZ -07-005 PAGE 1 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 Nr� I T '_ -I 11 I � I 1• STI 7r7Wfei CT17i111"1''_111.:11 I Hyl, \11' -• 1 � .. 1 1 1 1 1 7 MIA 1._1 ' i < r/ 014 U A 0 1 t4 1_I !19 r, O/.to 1 1 i 1. 1 " : _ y 1 1 i/. I I ' 1 1 I I ' 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ -07- 005 as presented in the staff report for the hearing date of June 5, 2007, with the following modifications: (Add any proposed modifications) Denial After considering all staff, applicant and public testimony, I move to deny File Number AZ -07-005 as presented during the hearing on June 5, 2007: (Please state specific reasons for denial of the annexation request) Continuance After considering all staff, applicant and public testimony, I move to continue File Number AZ -07- 005 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 1205 W. Overland Road (Parcel #S1224223105) Section 24, Township 3 North, Range 1 West b. Owner: Thomas and JoAnn Pfost 1205 W. Overland Road Meridian, ID 83642 c. Applicant/Representative: Same as Owner d. Present Zoning: RUT (Ada County) e. Present Comprehensive Plan Designation: Medium Density Residential f. Description of Applicant's Request: The applicant is requesting annexation and zoning into the City with an R-4 zone. g. Applicant's Statement/Justification: "We are requesting annexation into the city so that we can hook-up to city water. Our well is currently in the path of the widening project of Overland Road." (See applicant's narrative submitted with application.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By Pfost AZ -07-005 PAGE 2 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 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. Newspaper notifications published on: April 16'`, 2007 and April 30d, 2007 (Commission); May 14t� 2007 and May 28t' 2007 (City Council) c. Radius notices mailed to properties within 300 feet on: April 5ffi, 2007 (Commission); May llt' 2007 (City Council) d. Applicant posted notice on site by: April 27`s, 2007 (Commission); May 26th. 2007 (City Council 6. LAND USE a. Existing Land Use(s): There is an existing home and associated outbuildings on the subject site. b. Description of Character of Surrounding Area: The area surrounding the subject property consists of rural residential properties and vacant undeveloped land. c. Adjacent Land Use and Zoning: 1. North: Vacant property, zoned I -L 2. East: Rural residential property, zoned RUT in Ada County 3. South: Rural residential property, zoned RUT in Ada County 4. West: Rural residential property, zoned RUT in Ada County and Christian Family Matters Church, zoned R -S d. History of Previous Actions: None e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sewer is not available yet. Location of water: The applicant has already connected to City Water. Issues or concerns: Ensuring the applicant connects to City sewer when it becomes available. 2. Vegetation: NA 3. Floodplain: NA 4. Canals/Ditches Irrigation: All irrigation ditches, laterals and canals should be tiled, when this property develops. 5. .Hazards: Staff is unaware of any hazards associated with this property. 6. Proposed Zoning: R-4 (Medium Low -Density Residential) 7. Size of Property: 1.46 acres f. Subdivision Plat Information: The applicant has not submitted a preliminary plat, or a concept plan for this property, with the subject annexation application. Staff believes that the applicant does not intend to further develop this property in the near future. g. Landscaping: 1. Width of street buffer(s): Upon development of this property, a 25 -foot wide landscape street buffer will be required adjacent to W. Overland Road, an arterial roadway per the UDC. Pfost AZ -07-005 PAGE 3 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 2. Width of buffer(s) between land uses: Upon development of this property, a buffer between land uses may be required, depending on the future use of the property. h. Summary of Proposed Streets and/or Access: As mentioned above, the applicant is not proposing to develop/plat this property at this time. Access to this site is currently provided from one driveway to Overland Road. No new access points are proposed or approved with this application. 7. COMMENTS MEETING On April 13, 2007 a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. These agencies did not submit comments on this application as no development is proposed at this time and the use of the property is not changing. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain single family residences at densities from three to eight dwelling units per acre (see Page 99 of the Comprehensive Plan.) Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining the most appropriate zone for this property. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the subject property (staff analysis in italics below policy): • 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. ➢ Sanitary sewer and water service will be extended to the project at the applicant's expense. ➢ The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. ➢ The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). ➢ The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACBD). This service will not change. ➢ The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. ➢ The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Pfost AZ -07-005 PAGE 4 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 • Protect existing residential properties from incompatible land use development on adjacent parcels. (Chapter VII, Goal IV, Objective C, Action 1) The applicant is not proposing any new land use for this property. Staff believes that the existing single-family home is compatible with the other residences in this area. • Support a variety of residential categories (low-, medium-, and high-density single family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. (Chapter VII, Goal IV, Objective C, Action 10) The subject application includes a request for the R-4 zoning designation. The Comprehensive Plan Future Land Use Map designates all of the properties in this vicinity on the south side of Overland Road as Medium Density Residential. Stafffinds that the requested zoning designation is generally consistent with the Comprehensive Plan designation for this property, the future land use designated for other properties in this vicinity, and further enhances the variety ofzoning designations south of the interstate. Staff finds that the proposed R-4 zoning designation is generally harmonious with and in accordance with the Comprehensive Plan. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family dwellings as a Permitted Use in the R4 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ Application: As mentioned above, the subject property is proposed for annexation because the well serving the existing home is located within the Overland Road widening project and the residence needs to be hooked up to city water. There is no additional development planned for this property at this time. Based on the policies and goals contained in the Comprehensive Plan, the future land use designation of Medium Density Residential for this property, and the widening of Overland Road, Staff believes that the requested annexation and R4 zone is appropriate for this property. Please see Exhibit B for detailed analysis of the required facts and findings. The annexation legal description submitted with the application (stamped on March 7, 2007 by Clinton Hansen, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Development Agreement: UDC 11 -5B -3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. In anticipation of this application being approved, the applicant has already paid the required water hook-up fees Pfost AZ -07-005 PAGE 5 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 for the existing residence and been hooked up to City water. Because sewer is not currently available to this property, staff is recommending that a Development Agreement be required to ensure that when sewer is available to this property that the home be required to hook up at that time. 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 the annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian and the property owner(s) (at the time of annexation ordinance adoption). The applicant shall contact the City Attorney, Bill Nary, at 8884433 within 3 months of Council approval to initiate this process. The DA shall include, at minimum, the following: • That the existing home on this property shall be required to connect to City sewer within 6 -months of service being available to this property. • The applicant shall be responsible for all costs associated with sewer service installation including payment of sewer assessments. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. b. Staff Recommendation: Staff recommends that the subject property be annexed into the City with an R4 zoning designation and requirement of a Development Agreement per the comments listed in Exhibit B of this staff report. The Meridian Planning and Zoning Commission heard this item on May 3. 2007. At the public hearing the Commission voted to recommend approval. TJ= Meridian City Council heard these items on June S 2007 At the public hearing they approved the subject AZ request with an R-2 zoning de ignation 11. EDITS A. Legal Description & Exhibit Map B. Planning Department Comments C. Required Findings from Unified Development Code Pfost AZ -07-005 PAGE 6 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 3, 2007 A. Legal Description & Exhibit Map fir_: �� �r�!►J+lt w,lt; A parcel for annexation purposes, Ding located in the NW % of tate NW % of Section 24, Township 3 (forth, Range 1 West, Boise MerWian, Ada County, Idaho. and more particularly descried as follows. Commencing at a SCIS inch d1wmeter iron pin meriting the northwest comer of said Section 24, from why a 112 inch diameter iron pin marking the northeast comer of '!said NW % of the NW % beans S SV4&00' E a distance 1327.78 feet Thence S 88"45'40" E along the northerly boundary of said Section 24 a distance of 800.20 feet to the PONT OF BEGINNING: Thence continuing along sold northerly boundary S W4&(W E a distance of 527.58 feet to a U2 inch diameter iron pin merldng the northeast comer of said NW % of fixe NW %.; Them leaving said northerly boundary S 001VOCr E along the easterly boundary of said NW X of the NW % a distance of 328.75 feet to a point Thence leaving said easterly boundary N 57°58'34' W a distance of 824.30 Rua to the POINT OF BEGINNING; This parcel contains 1.88 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC March 7.2007 W177-7i Q 4 piss g - A-1 w• r Prost Pmp" Amomfon JobNo. 0715 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 3, 2007 PFOST PROPERTY ANNEXATION 77 LOCATED IN THE NW 1/4 OF THE NW 1/4 OF SECTION 24, TOWNSHIP 3 NORTH, RANGE I WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO `k 2007 14f24 J &W LY BEARING as rwaa S 69'45'OD" E OAND ROAD �/�B s a4S4 ao` E 1.T 52768' -0114 84' 24I AIVIVEXAno1v AREA 199 ACRES I I tis i VARA T/E'DWMA rim ft .O PR�VAL �r MAR 1 w sJ! VERIDUU4 PUBLIC; WORKS DEPT. LEGEND ® S/8 -NN 17 CALCULATED POINT 0 1/2° FIN Q 40 80 160 olutions{ ,mg and COratd ft U w lr alam Mn. x' b k s A-2 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 3, 2007 B. Planning Department Comments 1. The annexation legal description submitted with the application (stamped on March 7, 2007 by Clinton Hansen, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 2. A Development Agreement (DA) will be required as part of the annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian and the property owner(s) (at the time of annexation ordinance adoption). The applicant shall contact the City Attorney, Bill Nary, at 8884433 within 3 months of Council approval to initiate this process. The DA shall include, at minimum, the following: • That the existing home on this property shall be required to connect to City sewer within 6 -months of service being available to this property. • The applicant shall be responsible for all costs associated with sewer service installation including payment of sewer assessments. • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. I'M 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 3, 2007 C. 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: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-4. The Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan; however. Council finds that annexing the property with an R-2 zone would be more appropriate for this property. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; No development is proposed concurrent with the zoning map amendment. The Council finds that future development of this property should comply with the established regulations and purpose statement of the R4 RR=2 zone. c. 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. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. b. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). The Council finds that the annexation and zoning of this property to R-4 R_2 would be in the best interest of the City. C-1 • June 15, 2007 MERIDIAN CITY COUNCIL MEETING June 19, 2007 APPLICANT Ruby / Edwards Architecture & Design ITEM NO. AZ 07-004 5-N REQUEST Findings for Approval — Request for Annexation and Zoning of 2.48 acres from RUT to an L-4 zone for locust Grove Professional Office Building — 1695 South Locust Grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See aitched Findings Contacted: Date: wl�5L-6? Phone: Emailed: (geS P, reg4rj-4(1q afZ.hZfccfu('P, §taffInitials: LE dAj 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 «nF :. C> -W6 In the Matter of the Request for Annexation and Zoning of 2.48 Acres from RUT to L -O, by Ruby I Edwards: Architecture + Design Case No(s). AZ -07-004, ALT -07-005, & DES -07-002 For the City Council Hearing Date of: June 5, 2007 (Findings on the June 19, 2007, City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 5, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 5, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 5, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 5, 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 § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -07-004, ALT -07-005, & DES -07-002 0 • 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 and the provisions of the Development Agreement contained in the attached Staff Report for the hearing date of June 5, 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 § 11-5A, and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation and zoning, as evidenced by having submitted the legal description and exhibit map stamped and dated February 13, 2007 by Jeffrey H. McAllister, PLS, is hereby conditionally approved; 2. A Development Agreement is required with approval of the subject rezone and shall include the provisions noted in the attached Staff Report for the hearing date of June 5, 2007, incorporated by reference; and 3. That the Applicant installs either bollards or cement posts in the southwest corner of the lot parallel with the entrance to the site. D. Attached: Staff Report for the hearing date of June 5, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -07-004, ALT -07-005, & DES -07-002 0 0 By action of the City Council at its regular meeting held on the 114t6 day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED "fes COUNCIL MEMBER JOE BORTON VOTED 4� ► COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED__PC�-- TIE BREAKER MAYOR TAMMY de WEERD VOTED MAYORC��K�Y de WEERD ATTEST: 4u- BEAL LLIAM G. BERG, JR., ITY CLERK Copy served upon: Applicant Planning Dep en ublic Works Department ✓ City Attorney B Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -07-004, ALT -07-005, & DES -07-002 ! 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 STAFF REPORT Hearing Date: June 5, 2007 TO: Mayor & City Council FROM: Amanda Hess, Associate City Planner (208) 884-5533 SUBJECT: Locust Grove Professional Office • AZ -07-004 a �P IDAHO Annexation and Zoning of 2.48 acres from RUT (Ada County) to L -O (Limited Office District), by Ruby I Edwards: Architecture + Design • ALT -07-005 Alternative Compliance for hardscape within the required arterial street landscape buffers • DES -07-002 Design Review for an office building totaling 21,000 square feet within the L -O zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Ruby I Edwards: Architecture + Design, has requested Annexation and Zoning (AZ) approval of 2.48 acres from RUT (Ada County) to L -O (Limited Office District). Staff also required application for Design Review for the proposed office building, and alternative compliance to the City's landscaping requirements. The subject property is located on the southwest corner of Overland Road and Locust Grove Road in Section 19, Township 3 North, Range 1 East, B.M., and is currently referenced as Assessor's Parcel Number S 1119110026. The property is within the City's Area of Impact and Urban Service Planning Area. Approval of the subject AZ application would allow the Applicant to obtain an office zone. According to current City Code, personal and professional services (offices) and clinics are principally permitted uses in the proposed L -O zone (UDC Table 11-2B-2). The Applicant has not submitted a subdivision or certificate of zoning compliance application at this time. However, the Applicant has submitted a concept plan for how the subject property may develop, and elevations for what the future building will look like. Staff has reviewed both the concept plan and the elevations and has included DA provisions in the staff report related to all of the submitted applications (AZ, ALT and DES). On the submitted conceptual plan, the Applicant has depicted one access to Locust Grove Road. The driveway is located near the south property line, approximately 440 feet south of the Overland / Locust Grove intersection. Because the Applicant has not submitted a subdivision or CZC application at this time, ACHD has not reviewed or approved access to this property yet (to be reviewed with CZC application in the future). The Applicant is proposing to make site improvements (landscaping, pathways, etc.) at the time of submittal for a Certificate of Zoning Compliance (CZC). At that time, Planning Staff will require site improvements in accordance with the Unified Development Code, including but not limited to, parking and landscaping. Staff has reviewed, as part of ALT -07-005, the proposed landscaping at the comer of Locust Grove Professional Office — AZ -07-004, ALT -07-005, & ADR -07-002 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 Overland and Locust Grove Roads. 2. SUNIlVIARY RECOMMENDATION The subject Annexation and Zoning application was submitted to the Planning Department for review. By City Ordinance, the Planning & Zoning Commission makes recommendation to the Council on Annexation and Zoning applications. Any comments related to the Annexation and Zoning application (AZ -07-004) will be included in the Commission's recommendation to the Council. The Commission must make a formal recommendation to the Council on the annexation application. Although it is not on the agenda as a public hearing item, the Commission may also review and make recommendations regarding the alternative compliance and design review applications, as these applications are key to the proposed development. Staff is recommending approval of the Locust Grove Professional Office application (AZ -07-004, ALT -07-005, & DES -07-002) with a Development Agreement for the project. The Meridian Planning and Zoning Commission heard this pralect on Mav 3. 2007. At the uublic hearing, they moved to recommend auproval to the City Council. a. Summary of Public Hearing: i. In favor: Wes Edwards (Applicant's Representative)• Charles Eldridge (L)eveloper) ii. In opposition: None iii. Commenting: Mike Ball (President, Sportsman's Pointe HDA); Gene Dertell (Neighbor), Mike Bussert (Nei bor) iv. Written testimony: None V. Staff presenting_ application: Amanda Hess vi. Other Staff commenting on application: Caleb Hood b. Key Issues of Discussion by Commission: i. The allowed uses within the L -O zone and com atibility of those uses with the adjacent residential subdivision: ii. The hours of operation: iii. The grading of the property so as not to impact the adjacent residential subdivision: and iv. The provision of additional landscaping to buffer the adjacent residential subdivision from the proposed office building, c. Key Commission Changes to Staff Recommendation: i. That the hours of operation for the site be from 6:00 a.m. to 10.00 p.m., • and ii. That six-foot tall, vinyl perimeter fencing be installed along the west and south property lines. d. Outstanding Issue(s) for City Council: i. Resident concerns regarding compatibility of elevations/height with homes to the west I i. In favor: Wes Edwards (Applicant's Representativel: Charles Eldridge (Developer) ii. In opposition: None iii. Commenting: Mike Ball (President. Sportsman's Pointe HOA): Gene Dertell (Neighbor) iv. Written testimony: None V. Staff presenting application: Anna Canning vi. Other Staff commenting on application: No b. Ksy Issues of Discussion_ i. The significant difference in grading from the east property line (on Overland Road) to he west property line: and ii. Away to safeguard the ad iacent properties from vehicles from accidentally_ driving through the property and into a Sportsman's Pointe homeowner's backyard. Locust Grove Professional Office — AZ -07-004, ALT -07-005, & ADR -07-002 Page 2 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 c. Key Council Changes to Commission ion Reco m ndation• i. That the Applicant installs either bollards or cement posts in the southwest corner of the lot parallel with the entrance to the site 3. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number AZ -07- 004 (and ALT -07-005 & DES -07-002 optional) as presented in the staff report for the hearing date of June 5, 2007, with the following modifications to the proposed development agreement: (add any proposed modifications) Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number AZ -07-004 (and ALT -07-005 & DES -07-002 optional) as presented during the public hearing on June 5, 2007, for the following reasons: (you should state specific reasons for denial of the annexation request) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number AZ -07- 004 (and ALT -07-005 & DES -07-002 optional) to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 1695 S. Locust Grove Road SWC of Overland Road and Locust Grove Road Section 19, Township 3 North, Range 1 East b. Property Owner of Record: Specialty Contracting 2525 Stokesberry Place, Suite A Meridian, ID 83642 c. Applicant: Ruby I Edwards: Architecture + Design 615 W. Hays Street Boise, ID 83702 d. Representative: Wescott Edwards, Ruby I Edwards: Architecture + Design e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Office g. Description of Applicant's Request: Annexation of 2.48 acres from RUT to L -O h. Applicant's Statement / Justification: The application is to construct a two-story 21,000 square - foot office building. The building will be designed to accommodate professional offices and / or medical offices. Access to the site will be from Locust Grove Road. Parking will exceed that required by the UDC. All required landscaping will comply with the UDC. (Please see Applicant's submittal letters for more information) 5. PROCESS FACTS Locust Grove Professional Office — AZ -07-004, ALT -07-005, & ADR -07-002 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 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. Newspaper notifications published on: April 16, 2007, & April 30, 2007 (Planning & Zoning Commission) May 14, 2007, & May 28, 2007 City Council) c. Radius notices mailed to properties within 300 feet on: April 5, 2007 (Planning & Zoning Commission) May 11, 2007 (City Council) d. Applicant posted notice on site by: April 23, 2007 (Planning & Zoning Commission) May 26, 2007 (City Council) 6. LAND USE a. Existing Land Use(s): There is an existing home and outbuildings on the subject site. b. Description of Character of Surrounding Area: A highly -trafficked intersection with commercial /office development proposed at all corners. c. Adjacent Land Use and Zoning: North: Maverick store, zoned C -C South: Residential (Sportsman's Pointe Subdivision), zoned R-4 East: Vacant land, zoned C -N West: Residential (Sportsman's Pointe Subdivision), zoned R-4 d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is sewer stub off of E Overland Road and an existing sewer service off of E. Peacock Street Location of water: There is currently a water service stubbed off of E. Overland Road Issues or concerns: None 2. Vegetation: There are some existing trees on the subject property that should either be preserved or mitigated for at the time of development. 3. Floodplain: A portion of the site at the west property line is located within the 500 -year floodplain. 4. Canals/Ditches/Irrigation: N/A 5. Hazards: Vehicular access to this site - This site has frontage on Overland Road and Locust Grove Road. ACHD has not evaluated access on this site, as no development application was submitted concurrently with the subject annexation request. Staff can not guarantee the access proposed on-site will be approved by ACHD Staff. Planning Staff is not aware of any other potential hazards on this site. 6. Proposed Zoning: L -O Locust Grove Professional Office — AZ -07-004, ALT -07-005, & ADR -07-002 Page 4 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 7. Size of Property: 2.48 acres f. Summary of Proposed Streets and/or Access: Although no development is proposed at this time, the submitted Concept Map shows a driveway access to Locust Grove located near the south boundary (located approximately 380 feet south of Overland Road). Staff is supportive of the general location of this driveway as it appears to be the best location for access. However, Staff believes that Overland / Locust Grove will likely become an even more intense intersection once the Locust Grove overpass is complete. A full access in such close proximity to said intersection may create a traffic hazard. Therefore, Planning Staff can not guarantee that a fu11 access can or will be granted by ACHD for the subject site. g. Landscaping: 1. Width of street buffer(s): Per City Code (UDC Table 11-2B-3), a 25 -foot wide landscape street buffer is required adjacent to Overland Road and Locust Grove Road, both arterial roadways. 2. Width of buffer(s) between land uses: Per City Code (UDC Table 11-2B-3) a 20 -foot wide landscape buffer is required between L -O zoned properties and residential uses/zones. There are residential uses to the south and west of this site. 7. COMMENTS MEETING On April 13, 2007, Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions in the attached Exhibit B. However, because this request is only for annexation, comments are for informational purposes only. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Office." The purpose of a medium density residential designation is to provide opportunities for low -impact business. Uses may include offices, technology and resource centers, and ancillary commercial uses. (See 2002 City of Meridian Comprehensive Plan, page 106) Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (Staff analysis is in italics below policy): • Chapter VII, Goal IV, Objective D, Action 2 - "Restrict curb cuts and access points on collectors and arterial streets." On the submitted conceptual plan, the Applicant is proposing a single access to Locust Grove Road, approximately 380 feet south of Overland Road. ACIID has not yet reviewed or approved access to the site. City Staff is supportive of limiting vehicular access to this site to one point, as allowed by ACIID. • Chapter VII, Goal IV, Objective D, Action 4 - "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." Overland Road and Locust Grove Road are designated arterial streets. By City Ordinance, 25 - foot wide landscape buffers are required adjacent to Overland Road and Locust Grove Road. Landscape buffers along Overland and Locust Grove Roads will be required by the City at the time of procurement of Certificates) of Zoning Compliance. • Chapter V, Goal III, Objective D, Action 5 - "Require all commercial businesses to install and maintain landscaping." The Applicant is not specifically proposing to install any landscaping with the subject annexation application. In order to construct buildings on this site the Applicant will be required to construct internal and perimeter landscaping at the time of procurement of Certificates) of Zoning Locust Grove Professional Office — AZ -07-004, ALT -07-005, & ADR -07-002 Page 5 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 Compliance. Additionally, the Applicant must obtain Certificate(s) of Zoning Compliance prior to submittal for buildingpermit(s). Chapter IV, Goal I, Objective A, Action - "Permit new... commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." This property is contiguous to the City and sanitary sewer and water are readily available. • Chapter VII, Goal 1, Objective B - "Plan for a variety of commercial and retail opportunities within the Impact Area." Staff believes that the proposed zone, which allows office uses, does contribute to the variety of uses in this area which include: a church, single-family homes, multi family apartments, and retail stores. Staff finds that the proposed zoning to L -O is harmonious with and in accordance with the Comprehensive Plan. Staff recommends that the Commission and Council rely on Staff's analysis, other agency/department comments, and any other comments received regarding the appropriateness ofzoning this site for office uses. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the L -O zoning district. Personal and Professional Services are listed as principally permitted uses in the L -O 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: AZ Application: Approval of the subject annexation application would allow the Applicant to obtain an office zone. According to current City Code, professional offices and clinics are principally permitted in the proposed L -O zone. The Applicant has submitted conceptual site and landscape plans showing how this site will redevelop, with a single office building, parking, and landscaping. Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed concept plan with the Ordinance for L -O zoning, Staff believes that the zoning of this site to L -O is in the best interest of the City. Please see Exhibit C for detailed analysis of facts and findings. The annexation legal description submitted with the application (stamped February 15, 2007, by Jeffrey H. McAllister, RLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Development Agreement: UDC 11 -5B -3D2 provides the Planning & Zoning 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 use and the adjacent residential uses, 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 feel additional development agreement requirements are necessary, Staff recommends a clear outline of the commitments of the developer being required. Locust Grove Professional Office — AZ -07-004, ALT -07-005, & ADR -07-002 Page 6 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 A Development Agreement (DA) will be required as part of an annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 within six months of Council approval to initiate this process. The DA shall incorporate the provisions listed in Exhibit B of the Staff Report. Concept Plan: Staff is generally supportive of the submitted conceptual site plan for this property. However, as the plan is conceptual, Staff is unable to gauge whether the site dimensions as shown on the plan will fully comply with the UDC. The Applicant should be aware that all parking areas, drive aisles, landscaping, sidewalks, lighting, signage, building height, and building setbacks for this development should comply with the applicable provisions set forth in the Unified Development Code. Staff will provide a detailed review with the Certificate of Zoning Compliance application. The Applicant should be required to develop this site in general conformance with the submitted concept plan, prepared by Ruby I Edwards: Architecture + Design, dated February 9, 2007. Access: Vehicular access to this property proposes a challenge. This property has approximately 220 feet of frontage on Overland Road and 415 feet of frontage on Locust Grove Road. ACHD policy requires right -in / right -out driveways located on arterial roadways to be constructed a minimum of 220 feet from a stop controlled intersection; 440 feet is required for a full access driveway. The property clearly does not have enough frontage on either street to meet the District's policy for full access. Additionally, there is an existing roadway, Peacock Street, located approximately 150 feet south of the proposed driveway access that may create potential turning conflicts if a full -access driveway were to be located 380 feet south of Overland Road. Access to this site shall be limited to one driveway, in a location determined by ACHD. Parking: For professional offices, parking stalls are currently required at the rate of one space per 500 square feet of gross floor area (UDC 11 -3C -6B). For all office uses, parking stalls are currently required at the rate of one space per 500 square feet of gross floor area (UDC 11 -3C - 6B). Per this requirement, 42 stalls are required. The proposed site plan depicts 58 parking stalls on this site, with designated handicap accessible stalls. This provision exceeds the City's minimum parking stall ratio. Staff believes that the site will have ample parking. Per UDC 11 -3C -6G, one bicycle parking space shall be provided for every 25 vehicle parking spaces. The Applicant should provide a minimum 2 -park bicycle rack on this site. Office Uses: Professional and sales offices, laboratories, health care services and medical clinics are some of the most common principally permitted uses within the requested L -O zone. Staff believes that these principally permitted uses are appropriate for this property. However, there are several retail and ancillary commercial uses that can occur in the L -O zone with conditional use permit approval. The properties at the remaining corners of Overland / Locust Grove are zoned for commercial uses. Staff is concerned that this property may also turn into a commercial retail site, and is recommending that the City limit the uses that can operate on the site to principally permitted uses in the L -O zone. This recommendation is intended to protect the residential neighbors to the south and west from more intense commercial uses (restaurants, laundromats, animal hospitals, etc.) that could potentially operate on this property with CUP approval. According to the UDC, no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure, or land be established or changed in use without a Certificate of Zoning Compliance (CZC) issued by the Administrator. A Certificate of Zoning Compliance shall be issued only in conformity with the provisions of this Title and shall be required before the issuance of a building permit. Prior to construction of any building on this site, a Certificate of Zoning Compliance permit should be obtained. Upon annexation and zoning of the property to L -O, the existing residence will become a legal non -conforming use. The Applicant, Commission, and Council should be aware that no Locust Grove Professional Office — AZ -07-004, ALT -07-005, & ADR -07-002 Page 7 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 alterations, expansions, reconstructions, or other enlargements to the structure will be permitted. Hours of Operation: In the Applicant's submittal letter, the Applicant addresses the hours of operation for the proposed development. The Applicant proposes the hours of 7 a.m. to 6 p.m. Therefore, Staff is recommending that the hours of operation for businesses on this site be limited through a Development Agreement from 7 am to 6 pm. Landscaping: Overland Road and Locust Grove Road are classified as arterial roadways. Twenty-five feet of landscape buffer is currently required adjacent to arterial roadways (UDC Table 11-213-3). As detailed in the Alternative Compliance section below, the Applicant is proposing a landing within a portion of the required street buffers. Landscape buffers along Overland Road and Locust Grove Road will be required by the City with future CZC approval. Additionally, if the subject annexation and zoning application is approved, the property will then be adjacent to residential properties, zoned R-4, within the City of Meridian. To mitigate the existing land uses to the south and west from the future office uses on this site, 20 -foot wide landscape buffers along the perimeter should be installed prior to receipt of a Certificate of Occupancy for the proposed building. (See UDC Table 11-2B-3) Alternative Compliance: UDC 11 -2B -3A-1 requires a 25 -foot wide landscape buffers along arterials. UDC 11-3B-7 prohibits impervious surfaces within landscape street buffers. Due to size unusual shape of the subject property and topographical constraints, the Applicant states that strict adherence to the 25 -foot landscape buffer requirement on arterials is not feasible. Additionally, the Applicant maintains that the alternative compliance provides a superior means for meeting the landscaping requirements. The Applicant has submitted an application for alternative compliance approval to construct a landing at the corner of the Overland / Locust Grove intersection, retaining walls, and two stairways which lead a public plaza, are all to be located within the required arterial buffers. The Applicant states that the landing / stairways / plaza will add to the appeal of the comer lot, will be more conducive to the design of the site, and friendlier to the public. Staff is supportive of the proposed concept landscape plan, including the alternative compliance proposal, as depicted in Exhibit A. Staff believes that the subject property does have topographical / shape restraints which warrant alternative means to compliance with the landscaping requirements of the UDC. Significant excavation / grading will be necessary to facilitate the construction of the proposed office building on the site. Staff believes the conceptual landscape plan incorporates innovative design such as a water feature, and will provide visual interest for the traveling public. Further, Staff believes the plaza will be an appealing gathering area for future employees on-site. Staff, the Commission, and Council shall make the following determinations in order to grant approval for Alternative Compliance: a. Strict adherence to application of the requirements is not feasible; OR b. The alternative compliance provides an equal or superior means for meeting the requirements; and c. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. Staff believes that the alternative landscaping proposal does provide a superior means in which to meet the intended purposes of the landscaping regulations. Please see Exhibit B for detailed conditions of approval and Exhibit D for the Alternative Compliance findings. Design Review Standards (UDC 11-3A-19): Staff finds that the subject site generally complies with the standards for office structures greater than 10,000 square feet within the L -O district. Please see Exhibit B for detailed Conditions of Approval. Locust Grove Professional Office — AZ -07-004, ALT -07-005, & ADR -07-002 Page 8 i • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 L Architectural Character. a. Facades - Facades visible from a public street shall incorporate modulations in the facade, roof line recesses and projections along a minimum of twenty percent (20%) of the length of the facade. b. Primary public entrance(s) - The primary building entrance(s) shall be clearly defined by the architectural design of the building. Windows, awnings, or arcades shall total a minimum of thirty percent (30%) of the facade length facing a public street. c. Roof lines - Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two or more roof planes; d) varying parapet heights; and e) cornices. d. Pattern variations - At least two changes in one or a combination of the following shall be incorporated into the building design: color, texture, and / or materials. e. Mechanical equipment - All ground -level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. The proposed structure meets only one of the design requirements for roof lines listed in subsection c above. The Applicant shall provide eaves, a sloped roof, parapets, and / or cornices. Otherwise, Staff believes that the submitted elevations generally comply with the aforementioned standards. 2. Color and materials. Exterior building walls shall demonstrate the appearance of high- quality materials of stone, brick, wood or other native materials. Acceptable materials include tinted or textured masonry block, textured architectural coated concrete panels, tinted or textured masonry block, stucco, or stucco -like synthetic materials. Smooth -faced concrete block, tilt -up concrete panels, or prefabricated steel panels are prohibited except as accent materials. The Applicant proposes a combination of textured concrete block, with accents of corrugated metal. A portion of the building will have a stucco finish. The building will be terra cotta -colored or other various earth tones. Additionally, the window frames will be bronze -colored. Please see the Applicant's narrative for more details regarding the building facades. 3. Parking Lots: No more than seventy percent (70%) of the off-street parking area for the structure shall be located between the front facade of the structure and abutting streets, unless the principal building(s) and / or parking is / are screened from view by other structures, landscaping and/or berms. 4. Pedestrian walkways: a. A continuous internal pedestrian walkway that is a minimum of eight feet (8') in width shall be provided from the perimeter sidewalk to the main building entrance. The walkway width shall be maintained clear of any outdoor sale displays, vending machines, or temporary structures. b. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. c. Walkways at least eight feet (8') in width, shall be provided for any aisle length that is greater than one -hundred fifty (150) parking spaces or two hundred feet (200) away from the main building entrance. d. The walkways shall have weather protection (including but not limited to an awning or arcade) within twenty of all customer entrances. As the subject site does not lie within an entryway corridor, and there is a significant grade change from the adjacent arterial streets to the building pad that makes an 8 -foot wide walkway difficult, Staff does not believe the pedestrian walkway requirement of the design review standards should be applied here. Locust Grove Professional Office — AZ -07-004, ALT -07-005, & ADR -07-002 Page 9 • 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NNE 5, 2007 Staff believes the unusual shape and topographical constraints of the property restricts design of the property to accommodate rear parldng. Additionally, the proposed building will shield the majority of the parldng lot which will likely not be visible from Overland Road. Therefore, Staff does not believe the parking lot requirement of the design review standards should be applied here, as well. The building elevations prepared by Ruby I Edwards: Architecture + Design, Sheet Number A3.1 and dated April 20, 2007, are supported by Staff, as they generally comply with most of the Design Review standards outlined in UDC 11-3A-19 listed above (see roof line section). 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 11-513-1A). To ensure that all of the conditions of approval listed in Exhibit B are complied with, the Applicant will be required to obtain CZC approval from the Planning Department prior to building construction, and all improvements must be installed prior to occupancy. b. Staff Recommendation: Staff recommends approval of the subject application AZ -07-004 (and ALT -07-005 & ADR -07-002) with the Development Agreement provisions listed in the in Exhibit B of the Staff Report for the hearing date of May 3, 2007. The Meridian Planning and Zoning Commission heard this proiect on May 3. 2007. At the public hearing. they moved to recommend approval to the City Council. The Meridian City Council heard the items on June 5.2007. At the public hearing hey approved the subject AZ-reaucit 11. EXHIBITS A. Vicinity / Zoning Map, Site Photos, Concept Plan, Landscape Plan, and Elevations B. Agency and Department Comments C. Legal Description D. Required Findings from Unified Development Code Locust Grove Professional Office — AZ -07-004, ALT -07-005, & ADR -07-002 Page 10 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 A. Vicinity / Zoning Map, Site Photos, Concept Plan, and Elevations Exhibit A Page 1 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 Exhibit A Page 2 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF XNE 5, 2007 'Yb` R RFS_ 41 ir e. *01 i rttbpi _ 4 design, p.a. s"W'Knumft ww,wmm ft am"& F U&34&7= copywwfr zwi swim sncoowr i A e In cm I talc o d a I No- 9COLL. Alal IM WsmZ Exhibit A Page 3 i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 Exhibit A Page 4 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 B. Agency and Department Comments 1. PLANNING DEPARTMENT 1.1 The legal description submitted with the application (stamped February 15, 2007, by Jeffrey H. McAllister, RLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The Public Works Department has confirmed that the submitted legal description meets the requirements of the City of Meridian and the Idaho State Tax Commission. 1.2 Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of rezone ordinance adoption), and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of the City Council approval to initiate this process. The DA shall, at minimum, incorporate the following: • That development of this property shall conform to the concept plan prepared by The Land Group, Inc., dated February 9, 2007, labeled Sheet ALL, as determined by the Planning Director or otherwise approved through a Conditional Use Permit. • That no alterations, expansions, reconstructions or other enlargements to the existing single- family structure will be permitted. • That prior to submittal for Certificate of Zoning Compliance, the existing home shall be removed and all wells and septic systems abandoned. • That no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure, or land be established or changed in use without a Certificate of Zoning Compliance (CZC). • That all parking areas, drive aisles, landscaping, sidewalks, lighting, signage, building height and building setbacks for this development shall comply with the applicable provisions set forth in the Unified Development Code. • That 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. • That the following shall be the only allowed uses on this property: Principally Permitted uses within the L -O zone. • That the hours of operation shall be limited to 6 a.m. to 10 p.m. • That one office -type building may be constructed on this site. • That the future office building shall have a maximum size of approximately 21,000 square feet, and be restricted to a height of 35 feet. • That Staff has reviewed a design review application for the future building on this site. That said future office building shall provide: variations in roof lines and either eaves, a sloped roof, parapets, and / or cornices; a form of awning over all building entrances; at least 30% of the street -facing fagades to contain windows; and at least two different types of siding and accent materials. The structure shall be generally compatible in appearance and bulk with the provisions listed above and the elevations submitted, prepared by Ruby I Edwards: Architecture + Design, dated April 20, 2007, as determined by the Planning Director or otherwise approved through a Conditional Use Permit. • That a 25 -foot wide landscape street buffer will be constructed adjacent to Overland Road, and Locust Grove Road, located entirely outside of the right-of-way. That alternative compliance has been granted for construction of a concrete landing, retaining walls, and two stairways within the required street landscape buffers. And, that said landscape buffers shall be installed prior to receipt of occupancy of the office building. • That a 20 -foot wide land use buffer and 6 -foot tall, vi l perimeter fencing, constructed in accordance with the UDC, will be installed along the south and west property lines; that said land use buffers and fencing shall be installed prior to receipt of occupancy of the office building. Exhibit B Page 1 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 • That the Applicant installs either bollards or cement posts in the southwest comer of the lot parallel with the entrance to the site • That vehicular access to this site shall be restricted to one driveway to Locust Grove Road, as approved by ACHD; no vehicular access to Overland Road is approved. • That the Applicant installs any and all sewer mains, water mains, and/or fire hydrants that are deemed necessary during construction plan review. This may include water connections in both Overland and Locust Grove Roads. • That the Applicant provides easements for all required sewer and water mains that are not located within the right-of-way. • That the Applicant files a floodplain development application with the City of Meridian Public Works Department prior to commencement of work or improvement within the floodway or floodplain on this property. • That the Applicant pay Public Works development plan review, and construction inspection fees, as determined during the plan review process. 1.3 No signs are approved with the subject annexation approval. All business signs will require a separate sign permit in compliance with UDC 11-3D. 1.4 All future construction / uses on this site should comply with the provisions of the Unified Development Code in effect at the time of submittal. 2. PUBLIC WORKS DEPARTMENT 2.1 The Applicant shall comply with all City of Meridian Public Works standards and procedures for development on this property. 3. MERIDIAN FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 For all Fire Lanes, provide signage "No Parking Fire Lane." 3.5 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of 13'6". 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 Building setbacks shall be per the International Building Code for one and two story construction. 3.8 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.9 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient Exhibit B Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.10 Maintain a separation of 5' from the building to the dumpster enclosure. 3.11 Provide a Knox box entry system for the complex prior to occupancy. 3.12 The first digit of the Apartment/Office Suite shall correspond to the floor level. 3.13 The Applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.14 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.15 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.16 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.17 There shall be a fire hydrant within 100' of all Fire Department connections. 3.18 Buildings over 30' in height are required to have access roads in accordance with Appendix D, Section D105. 3.19 The fire department is opposed to any landscape island in the middle of a cul de sac that may prevent a fire truck from turning around on the end of the court. 4. MERIDIAN POLICE DEPARTMENT 4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not exceed two feet in height. Trees shall have a canopy of no less than six feet. 4.2 The Meridian Police Department has concerns about the limited visibility of the main entrance from a public street. 5. SANITARY SERVICES COMPANY 5.1 Waste enclosure access: The Applicant shall provide drive -on capability for 6 and 8 cubic yard containers. Allow a minimum of 60 ft. frontal clearance for such containers. 5.2 Provide a minimum 28' inside and 48' outside radius for all alleys and private streets, where they intersect a public street. 6. MERIDIAN PARKS DEPARTMENT 6.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6.2 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. Exhibit B Page 3 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 C. Legal Description TOOTiOWL4N-ORTON ENGINEERING COMPANY CONS ILMr, pxOnMRs, SUIR ORS Arm PL ANINIM PROJECT NO: 07027 DATE: February 15, 7007 PAGE: l of l 9777 CHINDEN BOULEVARD BOISE. IDAHO 83714-2M8 208-323-2M P FAX 208-]23-239 3 bumeOWe WW.0am EXMIT *$A" REZONE DESCRIPTION A portion of the Northeast Quarter of the Northeast Qtr of Section 19, Township 3 North. Mange 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described'as follows.; BEGINNING at the corner common to Sections 17, 18, 19 and 20, Township 3 Nor h, Range I East, Boise Meridian, from which the Quarter comer common to said Section's 18 and 19, bears S.89043'43"W., 2649.17 fee.; thence, along the easterly line of said Section 19, 1. S.00 -34'25"W., 488.00 feet; thence, along the northerly line of Lots 56 and 57, Bieck 2 of Sportsomn Pointe Subdivision No. 5 and the eastezly prolongation thereof, 2. N.89025'35"W., 148.85 feet; thence, along the easterly line of said Sportsman Pointe Subdivision No. $ and the prolongation thereof; 3. N.16°19'3WV., 505.46 feet to the northerly line of said Section 19; thence, along said northerly line, 4. N.89043'43"E., 295.91 feet to the POM OF BEGINNING. CONTAINING: 2.48 acres, more or less. Reference is made to EXHIBIT "B" — Rezone Sketch Plan, which is made a part of this document. THIS DESCRIPTION WAS PREPARED FROM INFORMATION' CONTAINED IN INSTRUMENT NO.S 102M223 AND 102093398, R FESt,.3 BOISE • CO&UR ci!M.ENE • CAi DWMX Exhibit C Page I 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 SW43'43'W 2649,17' POW OF ei 18 E. N08= -43W43% ROAD 111 295.81' ADA COUNTY KGHWAY DISTRICT INSTRUMENT NO_ 102093396 r? NW43'43`E * 201.84' * . VA g NOTE: THIS SKETCH WAS PREPARED PROM WORMA11ON CONTAINED IN INSTRUMENT NO.S 102059223 I AND 102093398. LEGEND O R PROPERTY VNE o I SECTI(N LINE a CALCUiATED POINT �Vp& , t REZONE AREA �v 2.48 ACRES — 'A apt LANA o IST 3� 0 30 60 120 180 I I SCALE: i' -So' 1 u EXHIBIT nB* REZONE SKETCH PLAN A PORTION OF THE NE 1/4, NE 1/4 SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M. CITY OF MERIDIAN. ADA COUNTY, IDAHO 18117 1@ 1 oo Q TOOTHMM—ORTON ENGII+WAMG CO. ENaaNEERS. SLOWEVORS PLANNERS 9777 04NMN ODULEVARD . BlASE, 10M0 83214—ZOCB PHONE: 208-323-2288 FAX208--323-2399 t-11�: ar:�r1;� dur: ar�aps� o�2r Exhibit C Page 2 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 3, 2007 B. 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: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to zone all of the subject property to L -O. The 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. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that professional offices, laboratories, libraries, and medical clinics would be permitted uses within the requested L -O zone. There are also several uses in the requested L -O zone that can occur with conditional use permit approval. The Council is concerned that this area may turn into a commercial retail site, and is recommending that the City limit the uses that can operate on the site through a development agreement. The Council finds that future development of this property should comply with the established regulations and purpose statement of the L -O zone. c. 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 and the Commission recommend City Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). 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 L -O would be in the best interest of the City, if the Applicant enters into Development Agreement (DA) with the City, as mentioned in Section 10 of the Staff Report. 2. Alternative Compliance Findings (UDC 11-513-5E): a. Strict adherence or application of the requirements is not feasible; OR The Council finds that the subject property has topographical / shape restraints. This does, in fact, preclude full compliance with the City's landscaping standards. b. The alternative compliance provides an equal or superior means for meeting the requirements; and Exhibit D Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 3, 2007 The Council finds the alternative compliance does provide a superior means for meeting the City's landscaping requirements. The Council finds the conceptual landscape plan incorporates innovative design such as a water feature and will provide visual interest for the traveling public. Additionally, the Council believes the plaza will be an appealing gathering area for future employees on-site. Therefore, the Council supports the proposed concept landscape plan, as depicted in Exhibit A. c. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Council finds that the proposed alternative will not be detrimental to the public welfare or impair the use / character of the surrounding properties. Exhibit D Page 2 • June 15,2W7 MERIDIAN CITY COUNCIL MEETING APPLICANT Joint School District No. 2 ITEM NO. 5-0 REQUEST Findings for Approval - Request for a Rezone of 9.21 acres from I -L to a C -G zone for Jabil East Property - 1303 East Central Drive June 19, 2007 C RZ 07-005 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See aitched Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: me SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Ed Orsini 1c, Date: lD Phone: Emailed: -F OQQ r-`SGh, wird (IYC41 _Statf initials: Materials presented at public meetings shall become property of the City of Meridian. i CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Comprehensive Plan Map Amendment to Change the Future Land Use Designation of 34 +/- acres from Industrial to Commercial AND Rezone of 9.2 +/- acres from I -L to C -G for the Property Located at 1303 E. Central Drive, by the Joint School District No. 2 Case No(s). CPA -07-004 & RZ-07-005 For the City Council Hearing Date of: June 5, 2007 (Findings on the June 19, 2007, City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 5, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 5, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 5, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 5, 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. 02-3 82 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CPA -07-004 & RZ-07-005 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 and the Conditions of Approval, all in the attached Staff Report for the hearing date of June 5, 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 § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Applicant's request for a Comprehensive Plan Map Amendment of the subject property from Industrial to Commercial is approved; 2. The Applicant's request for a Rezone from I -L to C -G, as evidenced by having submitted the Legal Description and Exhibit Map, stamped and dated March 30, 2007, by Travis P. Foster, PLS, is hereby conditionally approved; and, 3. The School District shall work with Planning Staff to determine an appropriate location for a multi -use pathway which will generally be in the location of the current sidewalk on E. Central Drive, but wider, approximately seven to ten feet in width. Attached: Staff Report for the hearing date of June 5, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CPA -07-004 & RZ-07-005 E .I By action of the City Council at its regular meeting held on the 6 day of . C r4g jam, 2007. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD ATTEST: WILLIAM G. BE] Copy served upon: VOTED#�� VOTED - VOTED �� VOTED-- VOTED MAYOR, rP de WEERD \\\�\ OF \ 4V JR., 721 _ Applicant.......11110a�°�\� Planning Department Public Works Department City AttnrnPv BY Dated: L0 -2U-0-1 i Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CPA -07-004 & RZ-07-005 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 STAFF REPORT Hearing Date: June 5, 2007 Continued From: May 15, 2007 TO: FROM: SUBJECT: Mayor & City Council Amanda Hess, Associate City Planner (208) 884-5533 aW6fidiaw Jabil East Comprehensive Plan Map Amendment and Rezone • CPA -07-004 Comprehensive Plan Map Amendment to change approximately 34 acres from Industrial to Commercial on the Future Land Use Map, by the Joint School District No. 2 • RZ-07-005 Rezoning of 9.21 acres from I -L (Light Industrial) to C -G (General Retail & Service Commercial) 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The subject Comprehensive Plan Amendment (CPA) application proposes to amend the Future Land Use Map of the Comprehensive Plan. The Applicant is proposing to change the existing "Industrial" designation to the "Commercial" designation for one 34 -acre parcel. The property is located on the west side of Locust Grove Road at 1303 E. Central Drive in Section 18, Township 3 North, Range 1 East, B.M., and is currently referenced as Lot 1, Block 1, Jabil Subdivision. The property currently lies within Meridian City limits and is zoned I -L (Light Industrial). Concurrent with the CPA request, the Applicant has applied for rezoning (RZ) of 9.21 acres to C -G (General Retail and Service Commercial). This rezone is contingent upon approval of the concurrent map amendment (CPA -07-004) to "Commercial." This. amendment would not change the Future Land Use Map designation for any other parcels or for any other features of the Comprehensive Plan. Per Idaho Code, Comprehensive Plan Map Amendments are allowed only every six months. It has been more than six months since the Comprehensive Plan Future Land Use Map has been amended. The previous recommendation of an amendment to the land use map by the Commission occurred on September 21, 2006. This time frame exceeds the minimum six month requirement between the last and the current map amendment request. 2. SUMMARY RECOMMENDATION Staff has provided detailed analysis of the applications below. Staff supports the Comprehensive Plan Amendment and rezone requests. Staff believes "Commercial" Land Use Map designation and zoning designations for the subject property would be in the best interest of the City. Therefore, Staff is recommending approval of the subject CPA and RZ applications. The Commission should note that several other Comprehensive Plan Map Amendments, also scheduled be heard on April 5, 2007, may require additional time for public testimony and Commission discussion. Therefore, said CPA proposals may be continued to the hearing date of April 19, 2007. As the Commission may recommend amendments to the land use map component of the Comprehensive Plan to Jabil East — CPA -07-005 & RZ-07-005 Page 1 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 the governing board only once every six (6) months, the subject proposal should also be continued to April 19, 2007, if necessary. The Meridian Planning and Zoning Commission heard these items on April 5. 2007, and April 19, 2007. At the April 19, 2007, public hearing the Commission voted to recommend approval of the subject CPA and RZ applications. a. Summary of Commission Public Hearing: i. In favor: Ed Daniels (Applicant's Representative) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Amanda Hess vi. Other Staff commenting on application: None b. Key Issues of Discussion by Commission: i. H this property ever went back to its original use of high-tech manufacturing, would that be an allowed use in the proposed commercial district or would it have to be rezoned? The answer is light industrial uses are conditionally allowed within the C -G zoning district: a conditional use permit would be required. c. Key Commission Changes to Staff Recommendation: i. None d. Outstanding Issues) for City Council: i. None The Meridian City Council heard these items on June 5, 2007, At the public hearing they approve e subject CPA and RZ reauests 3. PROPOSED MOTION Approval I move to approve File Numbers CPA -07-004 and RZ-07-005, as presented in the staff report for the hearing date of June 5, 2007, with the following modifications: (add any proposed modifications) Denial I move to deny File Numbers CPA -07-004 and RZ-07-005, as presented in the staff report for the hearing date of June 5, 2007, for the following reasons: (you should state specific reasons for denial) Continuance Jabil East — CPA -07-005 & RZ-07-005 Page 2 1 1 1 1 1 I i t 111.11' I A_1' 11 "Al 1' 1_ 1 1 1 1 _. 1.. I ,___ A_ ._- 1 I i : I I :/____ ' I _ IVA1 __I- 1 1 3. PROPOSED MOTION Approval I move to approve File Numbers CPA -07-004 and RZ-07-005, as presented in the staff report for the hearing date of June 5, 2007, with the following modifications: (add any proposed modifications) Denial I move to deny File Numbers CPA -07-004 and RZ-07-005, as presented in the staff report for the hearing date of June 5, 2007, for the following reasons: (you should state specific reasons for denial) Continuance Jabil East — CPA -07-005 & RZ-07-005 Page 2 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 I move to continue File Numbers CPA -07-004 and RZ-07-005 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address / Location: 1303 East Central Drive Section 18, Township 3 North, Range 1 East, B.M. b. Owner / Applicant: Joint School District No. 2 911 Meridian Road Meridian, Idaho 83642 c. Representative: Ed Daniels, Hummel Architects, PLLC d. Present Zoning: I -L (Light Industrial) e. Present Comprehensive Plan Designation: Industrial f. Applicant's Statement / Justification: The Applicant requests a CPA and rezoning of the property from an industrial designation to a commercial designation to allow for educational uses. The property is proposed for a new high school, with associated classroom and office spaces, and may possibly house a university extension. Additionally, the Joint School District Service Center will be sited here. Educational institutions are prohibited uses with the I -L district. However, they are principally permitted uses within the C -G district. Please see the Applicant's narrative for more information. 5. PROCESS FACTS a. The subject application will, in fact, constitute a Comprehensive Plan Amendment as determined by City Ordinance. By reason of the provisions of the Idaho Code, Title 67, Chapter 65, and UDC 11 -5A -2D, a public hearing is required before the City Council on this matter. b. The subject application will, in fact, constitute a rezone as determined by City Ordinance. By reason of the provisions of UDC 11 -2A -2D, a public hearing is required before the Commission and City Council on this matter. c. Newspaper notifications published on: March 19, 2007 & April 2, 2007 — Planning & Zoning Commission; April 23, 2007 & May 7, 2007 — City Council d. Radius notices mailed to properties within 300 feet on: March 9, 2007 — Planning & Zoning Commission; April 20, 2007 — City Council e. Applicant posted notice on site by: March 26, 2007 — Planning & Zoning Commission; May 26, 2007 — City Council (The site was not posted by the May 5 deadline for the May 15 hearing) 6. LAND USE Jabil East — CPA -07-005 & RZ-07-005 Page 3 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 a. Existing Land Use(s): A vacant manufacturing building and parking lot b. Description of Character of Surrounding Area: A mix of developed and undeveloped commercial and industrial lands within the City of Meridian to the north, south, and west. Additionally, the site is bordered to the east by residential properties. c. Adjacent Land Use and Zoning: 1. North: Idaho State Police, zoned C -G 2. South: Interstate 84, zoned C -G, L -O, and RUT 3. West: Vacant land (Lot 2, Block 1, Jabil Subdivision), zoned I -L 4. East: Residential, zoned RUT (Ada County) d. History of Previous Actions: On April 6, 1999, City Council granted approval for annexation and zoning (AZ -99-001) of approximately 55.79 acres to I -L (Light Industrial). No development application accompanied said application at that time. In February of 2004, Council approved a Preliminary / Final Plat to create two building lots for the Jabil Subdivision. Lot 2, Block 1, totals approximately 19 acres. Lot 1, Block 1, totals approximately 34 acres and is the subject of this Comprehensive Plan Amendment application. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: Available in E. Central Drive Location of water: Available in E. Central Drive 2. Vegetation: N/A 3. Floodplain: FEMA 100 -year and 500 -year floodplain areas are designated on this site. (Ninemile Creek runs along the southwest property line) 4. Canals / Ditches / Irrigation: The Ninemile Creek runs along this site. There are no other major facilities on this site that Staff is aware of. 5. Hazards: Staff is not aware of any potential hazards on this site 6. Proposed Zoning: C -G (General Retail and Service Commercial) 7. Size of Property: —34 acres f. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The property has two previously approved access points to E. Central Drive, a commercial collector street. No direct access to Locust Grove Road exists, none is proposed, and none is approved for this property. Upon rezoning and platting of Lot 2, Block 1, of the Jabil Subdivision, the parcel will have cross -access, thus providing additional means for access to the subject site. 6. COMMENTS MEETING On March 16, 2007, Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, and the Meridian Public Works Department. Staff has included all comments and recommended actions in the attached Exhibit B. However, because this is only a RZ and CPA, comments are for informational purposes only. 7. CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS This property is currently designated "Industrial" on the Comprehensive Plan Future Land Use Map. The Jabil East — CPA -07-005 & RZ-07-005 Page 4 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 Joint School District No. 2 is requesting a map amendment to "Commercial" for the subject property. The requested "Commercial" designation is meant to provide a full range of commercial and retail uses to serve area residents and visitors. Idaho Code 67-6508 states that "the plan shall consider previous and existing conditions, trends, desirable goals and objectives, or desirable future situations for each planning component." Staff has reviewed the subject CPA and RZ applications and offers the analysis and recommendations contained herein for the Commission and Council's consideration. Please see Exhibit C for detailed analysis of the required findings for a Comprehensive Plan Map Amendment. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (Staff analysis is in italics below policy): • Chapter VII, Page 105 — Definition of "Commercial": "This designation 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." The highly visible location of this property on Interstate 84, Locust Grove Road and E. Central Drive, and the existing commercial zoning to the north, makes this property a good candidate for commercial uses rather than industrial uses. • Chapter V, Goal III, Objective D, Action 5, Page 43 — Require all commercial and industrial businesses to install and maintain landscaping. The site is already improved with street buffer landscaping on E. Central Drive, Locust Grove Road, and the interstate; internal parking lot landscaping; and perimeter landscaping that is adjacent to vehicular use areas. • Chapter VII, Goal I, Objective B, Page 109 — Plan for a variety of commercial and retail opportunities within the Impact Area. Staff believes that the potential education institution and associated office uses do, in fact, contribute to the variety of services located within the area and will complement the existing and anticipated commercial uses adjacent to the site. • Chapter VII, Goal III, Objective A, Action 1, Page 111 —Ensure that adequate public services, including transportation, for existing and future development are provided. City services are currently available to the subject property. • Chapter VII, Goal IV, Page 112 — Encourage compatible uses to minimise conflicts and maximize use of land. Staff believes that the proposed "Commercial" land use designation of this property will be compatible with the existing C -G zoned properties north of the site. • Chapter VII, Goal IV, Objective D, Action 5, Page 114 — Require appropriate landscaping and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.). The property is presently fully developed, and a 20 foot wide street buffer already installed along E. Central Drive, a commercial collector road. Additionally, all existing perimeter landscaping adjacent to Locust Grove Road and I-84, as previously approved with construction of the Jabil Circuits building, complies with the UDC requirements. 9. STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS Jabil East — CPA -07-005 & RZ-07-005 Page 5 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 Idaho's counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review, and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell out how these policies are to be achieved. The order in which the following policies are presented implies no order or priority. a. Community Design The purpose of this element is to ensure a pattern of planned growth resulting in orderly and attractive developments within the City of Meridian. As is applicable to the subject application, the City should encourage the clustering of commercial development at or near existing arterials and collector roads and require landscaping of new development to provide beautification. All future construction and establishment of new uses on the subject site will require Certificates of Zoning Compliance. Staff will ensure that future development on this site will comply with any and all applicable design and landscaping standards, as provided for through the Unified Development Code. b. Population The City of Meridian must ensure that population growth is accommodated in an orderly pattern. Residential and commercial developments must be easily served by City infrastructure and public services. Staff believes that all necessary services are currently available to the subject site. c. Housing The City of Meridian is charged with ensuring adequate and attractive living environment which meets the needs of City residents of different ages, family sizes, lifestyles, and income levels. As the site is currently designated for industrial uses, and proposed for commercial uses, Staff finds that this element is not applicable to the subject application. d. Economic Development Meridian's economic base has been gradually shifting over the last 20 years from a farming -based economy to a retail, service, and manufacturing -based economy. During this time, local policy, with regard to the types of lands needed to support the economic and employment needs of the community, has also changed. The 2002 Comprehensive Plan forecasts the need to continually adjust the provision of commercial lands in order to gradually broaden economic opportunity throughout the City. In the past, the subject parcel was identified as appropriate for industrial uses to take advantage of what was seen as a boom in manufacturing and development. However, Staff believes the increased commercial development within the immediate area has deemed this site more appropriate for retail, service, and office uses now. e. Public Services, Facilities, and Utilities The property involved in this request has access to existing public facilities and services that are sized at commercial levels. f. School Facilities and Student Transportation The purpose of this element is to direct new residential development to areas with adequate school facilities and student transportation. Therefore, the subject application does not apply here. However, the Commission and Council should note that the Applicant requests a CPA and rezoning of the property from an industrial designation to a commercial designation to allow for educational uses. As previously mentioned, the property is proposed for a new high school, Jabil East — CPA -07-005 & RZ-07-005 Page 6 0 i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 with associated classroom and office spaces, and may possibly house a university extension. This will contribute to the growing needs of the City of Meridian for additional school facilities and accessible higher education. g. Transportation The purpose of this element is to promote an efficient and safe transportation system within the City. Staff believes the proposed plan amendment will not negatively impact transportation within the City of Meridian. E. Central Drive is an existing commercial collector, designed to accommodate the increased road traffic that will be generated from retail, service, and office uses. h. Natural Resources The purpose of this element is to promote conservation of areas of natural significance, where appropriate. Staff does not believe that the use of this property, as proposed, will significantly pollute or degrade the natural environment. The Applicant should be aware that protection and preservation all natural vegetation along the Ninemile Creek is required, as this is critical habitat for many animal species / wildlife. i. Special Areas The subject amendment does not directly impact any lands zoned for open spaces, natural resources, or scenic areas, nor does the parcel contain any known significant natural resources. j. Hazardous Areas The purpose of this element is to ensure regulation of development in hazardous areas, such as floodplains, unstable slopes, etc. The subject property falls within Flood Zones "X" and "AE" as referenced on FEMA Firm Panel 16001 CO232H, dated February 19, 2003. The FEMA map shows the location of Nine Mile Creek crossing the southwest corner of this lot, Lot 1, Block 1, Jabil Subdivision. During the development of the site for Jabil Circuit, Inc., the original owner of both Jabil properties, Ninemile Creek was relocated to its current location along the southern and western boundaries of Lot 2. k. Recreation Recreation resources within Meridian include seven City parks totaling approximately 65 acres. The City is in process of developing new park facilities. The City also maintains several pathways. This site is not formally designated for recreational purposes save a multi -use pathway which crosses the subject property. The property owner should be aware that the City intends to require a pathway at this location with any future development application such as rezoning or re -subdivision of this property. Therefore, the Applicant should contact the Meridian Parks and Recreation Department to coordinate the location and dedication of the multi -use pathway on-site. 1. Land Use The policies of this element are presented in the Comprehensive Plan Land Use Map. The Map is a graphic representation of the policies and goals of Meridian's Comprehensive Plan. The Map has been prepared to identify suitable areas for future residential, commercial, and industrial development. The Map is designed to be a projection of growth patterns for the City. Therefore, the Map is to be used as a guide for decisions regarding request for land use changes. Staff believes the commercial development within the immediate area has deemed this site more appropriate for retail, service, and office uses, thus justifying the request for a land use change to "Commercial." in. Implementation Jabil East — CPA -07-005 & RZ-07-005 Page 7 • r CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 The City provides the necessary staff and facilities to administer and enforce the policies and goals of the Comprehensive Plan. The City of Meridian Planning Department will administer the Comprehensive Plan and its policies, under the direction and supervision of the Meridian City Council. The Planning & Zoning Commission is also authorized by the Council to review, approve and make recommendations on proposals affecting the public's interest in land use. n. Property Rights The purpose of this element is to ensure that the land use policies, restrictions, conditions, and fees do not unconstitutionally violate private property rights, and establish a consistent review process that enable the city to ensure that any proposed actions will not result in an unconstitutional taking of private property without due process of law. Staff believes that the Comprehensive Plan Land Use Map change would not unconstitutionally deprive the property owner of economically viable uses of the subject property, as the request was initiated by said owner, the Joint School District No. 2. 10. UNIMD DEVELOPMENT CODE ANALYSIS The Applicant is requesting that the property be rezoned from I -L to C -G. If the concurrent CPA application is approved and the Comprehensive Plan Future Land Use Map designation is amended to "Commercial," the requested rezone to the C -G zoning district would comply with the new Map designation for this property. The Commission and Council should note that the subject application proposes rezoning of approximately 9 acres, and includes the northernmost portion of the Jabil building. The Joint School District No. 2 has submitted a separate rezone application for remaining —24 acres of property, which is scheduled to be heard before the Commission on May 17, 2007. The rezone legal description prepared by Travis P. Foster, PLS, dated March 30, 2007, is accurate and meets the requirements of the City of Meridian and State Tax Commission. All future uses on this property should 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, and should be constructed in accordance with City of Meridian ordinances in effect at the time of development. a. Zoning Schedule of Use Control: UDC 11-213-2 lists uses that are principal permitted (P), accessory (A), conditional (C), or prohibited (-) within the proposed C -G district. The proposed offices and educational institution to be located on-site are principally permitted within the C -G zone. (See UDC Table 11-2B-2 for a complete list of allowed uses in 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 (4) 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. c. Special Considerations Development Agreement: UDC 11 -5B -3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. As there are no issues regarding rezoning of the subject property which necessitate a Development Agreement, Staff believes that a DA is not required in this instance. All applicable conditions regarding the development of this property are contained in the rezoning approval. Jabil East — CPA -07-005 & RZ-07-005 Page 8 ! 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 d. Access: Per the conditions of approval for final plat, no direct access o I-84 or Locust Grove is permitted. Additional accesses to E. Central Drive shall be at the discretion of the Ada County Highway District. e. Landscaping: No landscaping improvements are necessary at this time, as all applicable landscaping requirements have previously been met. Any future development or change in use on the subject site may require installation of additional landscaping. Staff will evaluate this at the time of submittal for Certificate of Zoning Compliance. f. Certificate of Zoning Compliance (CZC): The Applicant shall be responsible to obtain a CZC permit from the Planning Department for all new construction or a change in use on the site prior to issuance of building permits. 11. RECOMMENDATION City Staff supports the subject CPA and RZ applications, as proposed. Staff recommends approval of the request to amend the Comprehensive Plan Future Land Use Map to the "Commercial" land use designation and rezone the subject property to C -G, as presented in the staff report for the hearing date of April 5, 2007. The Meridian Planning and Zoning Commission heard these items on April 5 2007, and April 19, 2007. At the April 19, 2007, public hearing the Commission voted to recommend approval of the subject CPA and RZ applications. The Meridian City Council heard these items on June 5 2007 At the public hearing they approved the subject CPA and RZ requests. 12. EXITS A. Drawings 1. Vicinity Map B. Agency Comments 1. Planning Department 2. Fire Department C. Rezone Legal Description D. Required Findings from the Unified Development Code Jabil East — CPA -07-005 & RZ-07-005 Page 9 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 B. Agency Comments 1. PLANNING DEPARTMENT 1.1 The rezoning legal description submitted with the application (dated October 20, 2006, stamped by Travis P. Foster, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.2 The Applicant should comply with all UDC requirements. 1.3 The Applicant shall dedicate a multi -use pathway on-site; location by the 1.4 The School District shall work with Planning Staff to determine an appropriate location for a multi -use pa hw y which wfll generaft be in the location of the current sidewalk on L Central Drive, but wider proms'mately seven to ten feet in width. 1.5 The Applicant should comply with all previous requirements of this site associated with annexation and platting, as well any permits or regulations that may be in effect for the Jabil Subdivision. Staff's failure to cite specific ordinance provisions or terms of the Jabil Subdivision does not relieve the Applicant of responsibility for compliance. 2. FIRE DEPARTMENT 2.1 All entrance drive aisles shall have a turning radius of 28' inside and 48' outside radius. Coordinate with the Meridian Fire Department to locate and subsequently fix the portions of the parking lot which do not meet this standard. 2.2 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. Exhibit B 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 C. Legal Description PARCEL DESCIMPTION Moab 3012007 Pr4o t JabA Prepay — Hummel Amhkwb Peel Type: Wit Porftn of Powl "A" of ROS No. SM to be nem» A parcel of imd Wing Parcel "A" of Reord of Srmveg► No. 6631, sitaW in the SE 114 of Swtion 18, Township 3 North, Range 1 E&54 Boise Meridia% City of Merddim Ada County, IdW*, more: Particularly described as follows. CON3MCING at a found 3" bran cap, Comer Record Instrument No.10317624g, mwldng,the Southeast corner of said Section 18; Them North 0003,0'34" Fast, co det with the est line of said Section 18 and being the cenwline of Locate Grave Rd., a distance of 1536.94 feat to a point at the mufte of the Hunter Lateral; lbe along said centerline of aid Hunter fateral, North 41-M55- West, 121.13 feed Thence continuing along said centerline of said Hunter Lateral, North 35°1 '4V Wim, 241.01 fejt to the POM OF REQ ; Theme a leamg said cent e, Nmth 'OD" Wes, 486.14 feet; Thenee North 00000'22" x,176.85 feet; Theme North 90"QWOV 'Fest, et distance of 705.61 feet, a portioa of d& 'being along the southerly edW of as interior wall within the exbft MI Circuit building that previously sepuated the a&ninistrationUsinem section fiom the manufacturing seWov; Thence North '32" Wit, a distance,of 38.37 feet; Theme Soutb 89059109" bleat, a.distam of 340.49 lit to a point on the wanerly Boca of said Marcel "A" of Record of Survey No. 6631: 'the along the westerly lime of said Parcel, W, North 0000339" West, 227.06 fml to a point on the. southerly sib -of -way of PAM Central Drive; Thom along said soberly rif t -of -way the following fire courses.- North MS'50" .S l fejt to a pohg of c Theme 37.04 fel along a tuWmt curve the riSU having a radius of 149.00 feet, a c4mtral Angle of 89°58,05", and submiled by a chord bearing Sri 83"11'8.1 " East a distanw of 36.94 feet to a point oftangency; Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 Thme Soffi 76OW53n Fes, 355.52 &et to >a PAW of C Theme 14.87 feet along a tangent curve the 14 having a radius of 21100 feet, a mitral agle of W01-09", and subftuded by adtoM bearing South 78101 " Eest a d6ftnm of 14.87 feet to a. point of compound Tbme 6925 feet alb a curve the lest, havin a radius of 332,00 feet, a cent:W w0a of 11057`W, and sub bmded by a &xd bming South 84001149" Fast a distance of 69.13 fleet to a point at the ccuterline of the Hunter nen coincident with the centime of the Hunter Lateral, South 23" 43,sr Wit, 100.52 feet; 'Nonce c omfl Luing along said cenwfine, South 32°25`35" fit, 227.53 feet; Thence continuing along said centerline South 35x1246" Fit, 76,91 fmt to: the POW OF BELE i1 G. The pawl above described contains 9.21 des„ more or less. Together w th and subject to covenants, emomift. and festrio9ons of rgeoorti McR►t;7Atl y4rjp1o,,-;. Exhibit C • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 WAAM SO Aaati, r:- rits 714 COWR WcTav '• ;s -E r r. t aMVY TAME FLS up WCL -'ter' -C ARC ♦ ;'y'As 'i ;d.'.: N J.'It 1 J7.04 1 30.94 It 7 Z12,00 Iqj7 V mw .fro a 7 BMW 'uwm IF 11 zMF-110" PuBuc 1 l s .ftr s .. r MAT P40RTION OF LOCUST GROM MW WWOF TM SWTAW LM IN THE SE 114 OF SEC77ON 18,:T3N, R 16, BM 5 Exhibit C ,.. . a �- s r � ._ re ��•� �,li. of r:�th ��w��'� Exhibit C 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 D. Required Findings from the Unified Development Code 1. Comprehensive Plan Amendment 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 amendment to the Comprehensive Plan, the Council shall make the following findings: a. The proposed amendment is consistent with the other elements of the Comprehensive Plan. The Council finds that the proposed change to the Future Land Use Map does not conflict with other elements of the Comprehensive Plan. (Please see Sections 8 and 9 for detailed analysis.) b. The proposed amendment provides an improved guide to future growth and development of the city. In the past, the subject parcel was identified as appropriate for industrial uses to take advantage of what was seen as a boom in manufacturing and development. However, the Council finds the increased commercial development within the immediate area has deemed this site more appropriate for retail, service, and/or office uses. (Please see Sections 8 and 9 for detailed analysis.) c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan and the Comprehensive Plan Land Use Map. The Council finds that the proposed amendment is internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan (please see Section 8 for detailed analysis). The Council recognizes the existence of other commercially zoned properties in close proximity to this property and believes that designating the property for commercial uses will complement the similar existing uses in the area. d. The proposed amendment is consistent with the Unified Development Code. The Council finds that the proposed amendment is consistent with the Unified Development Code. e. The proposed amendment is in the best interest of the City of Meridian. The Council finds that the proposed Map amendment is in the best interest of the City. 2. Rezone Findings Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to rezone the subject property to C -G. The Council finds that the proposed zoning map amendment will comply with the applicable provisions of the Comprehensive Plan if the CPA request is approved to the "Commercial" designation. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Exhibit D • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 The Council finds that the proposed educational institution and secondary office uses are permitted uses within the requested C -G zone. The Council finds that any future use and / or development of this property should comply with the established regulations and purpose statement of the C -G zone. c. 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 and the Commission recommend that the Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The 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. Exhibit D • June 15, 2007 MERIDIAN CITY COUNCIL MEETING June 19, 2007 APPLICANT ITEM NO. 5-P REQUEST Streetlight Agreement for Paramount Subdivision No. 15 by Paramount Development AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Appro/c - Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian, Public Works Engineering InterWirce Memo TO: Tara Green From Karie Glenn CC: easement Date: 7/3/2007 Re: Original / Recorded Docs for Vault JUL 9 3 2007 City Of Meridian City Clerk Office 107092290 6/28/2007 WATER Prather, James Lowe's easement SEWER & 107092291 6/28/2007 WATER Cleaver, Oliver Secret Garden easement 107092292 6/28/2007 WATER Plum Creek Lumber Inc Plum Creek eaement Paramount Development 107092293 6/28/2007 STREETLIGHT LLC Paramount #15 10 single III From the desk of... Kane A Glenn Dept Specialist Supervisor Public Works: Engineering Division 660 E Watertower Ste 200 Meridian, Idaho 83642-2600 (208) 898-5500 Fax (208) 898-9551 0 Page 1 E Memo To: Mayor De Weerd & City Council From: Kane Glenn C%0' �Vler�danPuWorks Dept. 0 4 2007 CC: File City Of Meridian City Clerk ®face Date: 6/4/2007 Re. Proposed Agenda Items for 6/107 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 6/12/07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Streetlight Agreement for Paramount #15 by Paramount Development. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Paramount #15 by Paramount Development and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 • • ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 06/28/07 01:33 PM DEPUTY Pl RECORDED- REQUEST OF 11111111IN111111111111111111 City of Meridian 107092293 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Paramount Development Inc., pertaining to the street lights in Paramount subdivision #15, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Paramount Development Inc, has provided Woo. SWWe head street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Paramount Subdivision #15, in Meridian, Idaho. The parties acknowledge that thel6ecc. Single head street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Paramount Development Inc, or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Paramount Development Inc, or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do bum out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the IQae. Single head street lights located in Paramount subdivision #15, in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Paramount Development Inc, will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT Page 1 kV4 This AGREEMENT shall be binding on Paramount Development Inc, its heirs, successors and assigns, and the CITY OF MERIDIAN. William G. Berg, Jr., A'TTC QT. Dated this day of CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho ror, DeWeerd �v - Paramount Development Inc. By President STREET LIGHT AGREEMENT page 2 t 4 0 STATE OF IDAHO, ) : ss. County of Ada, ) 0 J, On this �. day of 4 20qbefore me, the undersigned, a Notary Public in and for said State, personally appeared Mayor DEWEERD and WILLIAM G. BERG, J.R., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL ••••ar,r �i ���L� Oil (t.( • a � .c% or STATE OF ,) : ss. County of ,) NOTARY PUBLIC FOR IDAHO RESIDING AT iI'ix. U12L% d MY COMMISSION EXPIRES On this kday of `-J-M' , 20 D' before me, the undersigned, a Notary Public in and for said State, pe nally appeared Nauta W. T_,Lrbtc ( and known to me to be the President and Secretary of Fk am L u'nt ty U P l 6a W e k), , Z;i c, and who executed the within instrument on behalf of said corporation, and ac o ledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. L SEAL PUBUC PUB IC FO AHO ` RESIDINGNOTARY C� Ll. MY CON MISSIO E-NPERfS 9 OCA STREET LIGHT AGREEMENT Page 3 t f Wf STND OFF O SPARE 0 PR9 O V03 0 PR12 O STND OFF O STND OFF C SPARE 0 PR9 0 00 VO4 0 PR110 STND OFF O SPARE B PR9 O V05 O PRI O O STND OFF C � O m E�3 C3, Z4,. A v�v NN.. vv�•rovv Z (Ja O � 7 a �cyl. m ro 2 C e o o Q � O o D WW D x 2 �' jrnm `i r ft7 Gi:. 9 z gbh GOi a p rn y6� O �Sm R z z ey r N Z m z D Xa Xm>n PP Q �+oo-,p e Iro G N _ a _ r til s 5�� NI� N NNNN m N� 0 � �A O O N A t �0 p W rN P^�".A Z g R i -i N O T N O W O� O O W N I� m W V' STND OFF O SPARE 0 PR9 O V03 0 PR12 O STND OFF O STND OFF C SPARE 0 PR9 0 00 VO4 0 PR110 STND OFF O SPARE B PR9 O V05 O PRI O O STND OFF C VL D p r Y N00 .A S 4 C . f Stl mm rp-7c7mD(Az e 0 m2R o - WT�Tom C �[ z >;,u>>1�>x>Dtl1 I�1 D�go-<Wnrnm • rr'7m i.LJ �� mnV) 0 z� �m i �;o�y Zn Z m m o— � 01 Q rn C ® ;;u G) m m •o A 40 E�3 A v�v NN.. vv�•rovv Z (Ja B� m ro 2 C e o o Q I_ D WW D x 2 �' jrnm `i r ft7 Gi:. 9 z gbh GOi a p rn y6� � rn z z ey r m z D Xa Xm>n PP Q �+oo-,p e Iro N _ a _ r til 5�� NI� N NNNN N� 0 � N A t �0 p W rN P^�".A Z i -i r� a S~ Z VL D p r Y N00 .A S 4 C . f Stl mm rp-7c7mD(Az e 0 m2R o - WT�Tom C �[ z >;,u>>1�>x>Dtl1 I�1 D�go-<Wnrnm • rr'7m i.LJ �� mnV) 0 z� �m i �;o�y Zn Z m m o— � 01 Q rn C ® ;;u G) m m •o A 40 Z (Ja B� O 2 CO) I_ � x Z N �' jrnm `i r ft7 Gi:. 9 z gbh GOi a p rn y6� � rn � r CA z Z Q Iro N N .P a VG A N A t n Z i VL D p r Y N00 .A S 4 C . f Stl mm rp-7c7mD(Az e 0 m2R o - WT�Tom C �[ z >;,u>>1�>x>Dtl1 I�1 D�go-<Wnrnm • rr'7m i.LJ �� mnV) 0 z� �m i �;o�y Zn Z m m o— � 01 Q rn C ® ;;u G) m m •o A 40 0 June 15, 2007 MERIDIAN CITY COUNCIL MEETING June 19, 2007 APPLICANT ITEM NO. S -Q REQUEST Water Main Easement Agreement for Plum Creek Water Line by Plum Creek Northwest Lumber AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: 6`je CITY WATER DEPT: f ' 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. RECEIVED 1LsU 0 4 2007. . city 01 �k ®�� City Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File �1 City of Meridian Public Works Dept. Date: 6/4/2007 Re: Proposed Agenda Items for 6/O/07 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 6/12/07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Plum Creek water line by Plum Creek Northwest Lumber. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Plum Creek water line by Plum Creek Northwest Lumber and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 • ADA COUNTY RECORDER J. DAVID NAVARA AMOUNT .00 f BOISE IDAHO 06/28/01 01:33 PM DEPUTY Paid Thompson II I I I II II IIIIII I II I I II I II II I I III' I III RECORDED—REQUEST OF it��0 City of Meridian WATER MAIN EASEMENT THIS INDENTURE, made this let day o ,007 between Plum Creep Northwest Lumber Inc., the parties of the first part, and hereinafter call PeGrantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or he within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT TR Page • • THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: went �' „ • Pmloor viae R�rido — CIW gem- Sheer; L_ Weld., AAI >r Sem, j STATE OF Asti AS ss County of Ad&) K#1►g On this day of M Q 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared '1Ave W . and She,ri !.,.Ward ,known or identified tome to be the �r�ctively, of the corporation that executed the within instrument, and acknow edged to me a su h corporation executed the same. IN WITNESS WHEREDF I have hereunto set my hand and affixed my official seal the daY and ear fist above (SEAL) Y writte'J� N. H& II `g��e�1'W'61� ;,ez y®'a ii NOTAltf PUBLIC FORffMtf r,�Jueb;ry�►h .0U B V ®q ®' Residing at Q m-cken 0s29`�,,4yC9, Commission Expires: _ lolaq tojo Water Main Easement '--SEA I.iW LJ GRANTEE: CITY OF MERIDIAN `\ `\\\0 � t 1011111 l OF Tammy de Weerd, or AL 7 Attest by William G. Berg, ity erk �� a �� • �`4'e Approved By City Council On: ,/��� •1�`y`\`�,® STATE OF IDAHO, . ss. County of Ada • On this day of Ckt V t L, , 20_7 before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR d J IDAHOG Residing at: '��k� % c.. Commission Expires: 10 / S— t I Water Main Easement EASMT WTR pue-41;'; ..� 0 • WATERLINE EASEMENT DESCRIPTION An easement for waterline purposes 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 TAYLOR SUBDIVISION 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 %2 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 to the POINT OF BEGINNING; Thence continuing N 0°41' 13" E a distance of 2.25 feet to a point on the southerly right- of-way of Bower Street; Thence leaving said easterly boundary N 89°06'04" W along the said southerly right-of- way 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; Thence S 41'l F 16" W a distance of 87.55 feet to a point; Thence N 87°57'34" W a distance of 264.79 feet to a point; Thence N 55°41'24" 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°5734" 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°5734" E a distance of 192.95 feet to a point; page.-4—d-Q— 0 • Easement Description Page 2 Thence S 0°10'22" W 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 '1 I' 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 OF BEGINNING. This easement contains 0.42 acre and is subject to any easements existing or in use. Prepared by: Brandon Johnson, PLS Civil Survey Consultants, Incorporated March 22, 2007A., 1 87 3 �7 161 s OF �P aDON J�� o Y b 2 n� i2 Z� U #C O O O 0 0 0 E] 8 yy n 2 ma C 0 0 June 15,2W7 MERIDIAN CITY COUNCIL MEETING June 19, 2007 APPLICANT ITEM NO. S -R REQUEST Approve Contract for the North Black Cat Liff Station with JC Constructors Inc. for $2,745,000.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: T�A vc-, CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 Memo To: Will Berg; Tara Green; Sharon Smith Frohn Clint Dolsby, Staff Engineer CC: Len Grady, City Engineer 0 Ci , Y of d ale ce Dote: 06/07/2007 Re: Proposed Agenda Item for June, 2007 City Council Meeting The Public Works Department respectfully requests the following item be placed on the June 12 City Council agenda, under Consent Agenda, for Council's consideration: North Black Cat Lift Station. Four bids were received for this project as summarized below and detailed in the attached spreadsheet • JC Constructors, Inc $2,745,000.00 • Sommer Construction, Inc $2,935,556.00 • Hills Construction, Inc $3,179,160.00 • Whitaker Construction Company, Inc $3,396,500.00 The Project consists of construction of a site built, cast in-place concrete sewage lift station, building, site excavation, shoring, dewatering, yard piping, exposed interior piping, fittings, valving, two (2) dry -pit non -clog centrifugal sewage pumps, one (1) dry -pit submersible sewage pump and related mechanical components, two (2) special yard structures, bridge crane, traveling hoists, electrical and HVAC mechanical systems, site improvements, landscaping, fencing, surfacing, and other related and miscellaneous work. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the North Black Cat Lift Station with JC Constructors, Inc, Inc for $2,745,000.00 and authorize the Mayor to sign IL Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 1 6 c n. c 0 CD .c c o 0Q x x xIq E � W a M o 490 � y C% r 3 FL 0 tl S O M CF 0 c o V o E v 0 LO c x x x to v rn E 0 m L o t g x x x L Pt, (i 69 V 7 v c O o C x x x �; o v tiN C O RC IL m ,a v C c -` ° v o c v� v In a0 � W a � y FL 0 tl O M V o E v 0 p m IL0 m �� Im c 0 CO) V - J v a R o OD ih L ti 0 Z • c 0 v c O o V CL X X X CD `- E m c M -wV Co m C6 L L CL ci c IL Q Ed 0 CF C a 0 0 0 o c m p 0 �� 0 ,-a IM a0 m a� o 0 co Lo c X x X Iq LO V rn ` N 69 E E O N tV C CA ` O O O CD C0 X x x C U � V V ci c CF o O o V C CO w o V c6 �a M c N d L Q. R m .-. a.m m Q E d c 7 `m m oa M 0 0 E V m and o Q c � vm p m ate m a� m 0 m c Co m L CL IL Q Ed 0 41 C a 0 0 o c m p 0 �� Q ,-a IM a0 m a� 'm 0 June 15, 2007 01 MERIDIAN CITY COUNCIL MEETING June 19, 2007 APPLICANT ITEM NO. S -S REQUEST Sanitary Sewer and Water Main Easement Agreement for Secret Garden by Oliver / Debbie Cleaver AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: COMMENTS See aftched lk Pprov'f-- Materials presented at public meetings shall become properly of the City of Meridian. 0 City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council Front: Karie Glenn CC: File Date: 6/13/2007 Re: Proposed Agenda Items for 6/19/07 City Council Meeting JUN 13 2007 City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 6/19/07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Secret Garden by Oliver / Debbie Cleaver. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Secret Garden by Oliver / Debbie Cleaver and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 • ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 -� BOISE IDAHO 06/28/07 01:33 PM S RECORDEDDEPUTY Pti - REQUEST OF II I I I II'I �'II'I I li I' II) I' II l I II Il I'll City of Meridian 107092291 THIS INDE ,made this day of20 ®% between W-� t', the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Sanitary Sewer and Water Main Easement EASMT.S&W MAIN ,•. any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. STATE OF IDAHO ) ) ss County of Ada ) On this � day of L, 200, before me, the undersigned, a Notary Public in and for said State, personally appeared 06yim' Mect9Gk" and CJ ea_u er- , known or identified to me to be the rand respoefively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. WHEREOF, I have hereunto set my hand and affixed my official seal the day Wove written. A OOTAkk ® ®®® a OTARY P' ® �UBLgG ®® F Residing at: m I °0®°°Bp°®°°® ► eoo® Commission 10,10�ZP 1; IOF ISP®®® JTEE a OF MERIDIAN Sanitary Sewer and Water Main Easement It • EASMT.S&W MAIN hy_T77 4. ` • Tammy de Weerd, Mayor�/ a Attest by William G. B rg, eity Clerk Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) On this day of 6'4'Ur , 20,n before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) e • ■ .. NOTARY PUBLIC FOR IDAHO • pN ®��'•� Residing at: ��� �,� c • e Commission Expires: � e Al R000*8800 IO Sanitary Sewer and Water Main Easement EASMT.S& EXHIBIT "A" WATER AND SEWER MAIN EASEMENT SECRET GARDEN SUBDIVISION A water and sewer main easement over, under and across a parcel of land being a portion of the SW1/4 of the SW1/4 of the NWl/4 of Section 5, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a brass cap marking the SW Corner of the NWl/4 of said Section 5, thence along the West line of said NW1/4, also being the centerline of N. Locust Grove Road, N00°24'25"E a distance of 195.19 feet to a point, fromwhich a brass cap marking the NW Corner of said NW1/4 bears N00°24'25"E a distance of 2408.37 feet, thence leaving said West line S88°35'35"E a distance of 36.00 feet to a point on the East right- of-way line of said N. Locust Grove Road being the POINT OF BEGINNING of the following described water and sewer main easement; Thence along said East right-of-way line N00°24'25"E a distance of 58.94 feet to a point; Thence leaving said East right-of-way line N45°20'44"E a distance of 16.55 feet to a point; Thence N89°35'35"W a distance of 11.69 feet to a point on said East right-of-way line; Thence along said East right-of-way line N00°24'25"E a distance of 20.00 feet to a point; Thence leaving said East right-of-way line S89°35'35"E a distance of 90.91 feet to a point; Thence N10°57'47"E a distance of 70.55 feet to a point; Thence S90°00'00"E a distance of 28.14 feet to a point; Thence S00°24'25"W a distance of 165.53 feet to a point; Thence N90°00'00"W a distance of 26.16 feet to a point; Thence N1 6'40'54"W a distance of 61.17 feet to a point; Thence N89°35'35"W a distance of 65.55 feet to a point; Thence S45°20'44"W a distance of 10.33 feet to a point; Thence S00°24'25"W a distance of 45.49 feet to a point; Thence S89°49'08"W a distance of 15.00 feet to the POINT OF BEGINNING. Said easement contains approximately 10,181 square feet or 0.23 acres, more or less and is subject to all existing easements or rights -of -ways of record or implied. C046114 wtr-sewer easement lega1040705hwe.doe N. LOCUST GROVE R BASIS OF BEARING N00°24'25"E 2603.56' M< : 2408.37' n\ QQ 0,:co z n Rm N00°24'25"E 195.56' cn� • m 24.76 58.94 ' macT�l 4— m I 500 24 25V <� I 45.49' �O I� I I �I� N I (Z Z 00 1 Ioo 0o I co oL'IV10:5�7' N5s-7E� I0)p X05Im 1—� O N 1 500 24 25V 165.53' I v p I co "I I I I II I I I ,S£'68l 3,,8Z.50.ZOS y' .p . III0 DRAWN BY: I z III 0 0 Z Z Z �'=dao Alri��Co o\m CREATION DATE: 04-07-05 CD O a a ; CA \�� 1 z z r m rn a Z A Fn N O rn rL ,to O -- arm rc� Z O W a�A 0u)(nN=� 0 A D CD rn �gwa ra iA w q to zz O aoAOCDto zz toOA W Ly! No OA rDD O y O A00 • O Ni W CA 0 A : r r :9m 171 y' .p . III0 DRAWN BY: I p A y O O n III 0 0 Z Z Z �'=dao �go= z o\m CREATION DATE: 04-07-05 CD O a a ; CA \�� 1 so N A O rn u- Ln O U) n z� Ch rn III0 DRAWN BY: I p A y O O n III 0 0 Z Z Z �'=dao �go= z o\m CREATION DATE: 04-07-05 CD O a a ; CA P 2 v a E o m z z r m zZ z -4 ci N Z A Sd, z e� mt:d r DETAIL FILENAME: TPI N N DRAWN BY: P:\A-CML\C046114-wtr sewer_exhibit.bg 1 �J 1 CLE HWE Engineers, Inc. 12552 W. Executive Dr., Suite B, Boise, Idaho 83713 (208) 887-7760 CREATION DATE: 04-07-05 CHECKED BY: REB _r r;;— 0 June 15, 2007 MERIDIAN CITY COUNCIL MEETING June 19, 2007 APPLICANT ITEM NO. 5-T REQUEST Water Main Easement Agreemen for Lowe's (Overland) by James Prather AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT:pf3rovc-- CITY BUILDING DEPT: � CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 6/14/2007 Mr. Proposed Agenda Items for 6/19/07 City Council Meeting a i r JUIN 14 2007 City Of Meridian. City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 6/19/07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) _Water Main Easement for Lowe's (Overland) by James Prather. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Lowe's (Overland) by James Prather and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 • ADA COUNTY RECORDER J. DAVID NAVARfiO AMOUNT .00 i BOISE IDAHO 06128107 01:33 PM DEPUTY Paitl Thompson III I'll'I'IIIIII�II'II'I'lll'I' III'll RECORDED—REQUEST OF City of Meridian 107092290 WATER MAIN EASEMENT THIS INDENTURE, made this _13 day of T&4.w 20_7 -between James A. Prather and Pamela S. Prather, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for a non-exclusive easement for the construction, operation, maintenance, repair, replacement of an underground water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. It is however understood and agreed that paved roadway(s), and/or parking lot shall be allowed over and across said easement area. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public Water Main Easement Prather EASMT WTR street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STATE OF IDAHO ) ) ss County of Ada ) On this day of i k. 20C, befoorejue, the undersigned, a Notary Public in and fo l Sta�Sonal�appeared c -t' and �- , , Husband and Wife, and known or identified to me to be the person(s) whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. (SEAL) % 0 i i • � i i •••S1'ATEman.p••••• Water Main Easement NOTARY PUB IC FOR IDAH Residing Commission Expires:k6-a-nq Prather EASMT W M GRANTEE: CITY OF MERIDIAN r` r t Tammy deW ,Mayor o Attest by William G. Berg, ty lerk Approved By City Council On: 17 STATE OF IDAHO, . ss. County of Ada On this 25*" day of ;AaVtiy , 2on before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) -0.080 Water Main Easement NOTARY PUBLIC FOR IDAHO Residing at: YV1 z Gam ,� cQ Commission Expires: 10-15--11 Prather EASMT WTR Page 3 ®f .Vk Y • 1-1 A.jasonem Professional Engineers, Land Surveyors and Planners tan fie d Inc. FOR JY1306 JOB NO.: Brighton Corp. DATE: May 8, 2007 314 Badiola St. Caldwell, ID 83605 Ph (208) 454-0256 Fax (208) 454-0979 EXHIBIT "A' WATER LINE EASEMENT OFFSITE e-mail: dholzhey @).inseng.us An easement of land being a portion of the NW 1 /4 NEI/4 of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County Idaho, more particularly described as follows: Commencing at the northeast corner of the NEI/4 NEI/4, monumented with a 3 -inch brass disk; Thence N. 89° 47' 20" W., a distance of 1309.43 feet along the north boundary of said NEI/4 NE 1/4 to the northwest corner of said NE1/4 NE1/4; Thence S. 00° 44' 31 " W., a distance of 684.89 feet along the west boundary of said NE 1/4 NEI/4 to the POINT OF BEGINNING; Thence S. 000 44' 31" W., a distance of 24.00 feet along said west boundary to a point; Thence N 890 471201, W a distance o€13.61 feet to a point; Thence N 000 12'40" E a distance of 10.00 feet to a point; Thence N 890 47'20" W a distance of 2.16 feet to a point; Thence N 000 12140" E a distance of 14.00 feet to a point; Thence S 89° 47'20" E a distance of 15.99 feet to the POINT OF BEGINNING. SUBJECT TO: All existing rights of way and easements of record or implied appearing on the above-described parcel of land. MASON & srANM EL©, INC SUkYEY0,M% ENGMEn & PLANNERS Page 1 of 1 tD I 7- X W 0 0 • June 15, 2007 MERIDIAN CITY COUNCIL MEETING June 19, 2007 APPLICANT ITEM NO. 5-U REQUEST Agreement with EI Dorado Business Partners, LLC for Vacation of a portion of Easement "G water Line and Water Meter Easement, Recorded as Instrument No. 105127519, on Lots 18 and 19, Block 1 of Bonito Subdivision No. 3 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: Approve— CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • Y JUN 2007 VLt'/i�iit1 t City Of Xleridian City Clerk Office Internal City Memo Daim June 14, 2007 T« Sharon Smith cc Bonito-Peisner Condomini al Plat F� Bruce Freckleto Re Partial Relinquishment of Water Line and Water Meter Easement The Public Works Department respectfully requests the following item be placard on the June 19, 2007 City Council Consent Agenda, for Council's consideration: A rcreeement with EI Dorado Business Partners. LLC for Vacation of a portion of Easement "G" (Water Line and Water Meter Easement, Recorded as Instrument No. 105127519), on Lots 18 and 19. Block 1. Bonito Subdivision No. 3. This agreement effectively vacates the southwesterly 3.12'x 6' portion of Easement "G", recorded in 2005. Subsequent to the recordation of this easement, a building was constructed encroaching into the easement area. The applicant is now processing the Bonito-Peisner Condominium Plat, and this vacation is required prior to approval by Ada County. Recommended Council Action: The Public Works Department recommends that City Council approves the Agreement with EI Dorado Business Partners, LLC for Vacation of a portion of Easement "G" (Water Line and Water Meter Easement, Recorded as Instrument No. 105127519), on Lots 18 and 19, Block 1, Bonito Subdivision No. 3. Thank you for your consideration. Please contact me 9 you have any questions regarding this item. FYom the desk of.. Bruee A. FreeMeton Development Samlem Manager Meridian Public Works Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 (208) 898-5500 Fax: (208) 898-5501 0 June 13, 2007 Bruce Freckleton City of Meridian, Public Works Department 660 East Watertower, Suite 200 Meridian, ID 83642 RE. Bonito Subdivision, Water Line and Water Meter, Easement "G". Per Instrument No. 105127519 Enclosed is the relinquishment request and an exhibit showing the location for the partial relinquishment request for the Westerly 3.12 -feet x 6 -feet of Easement "G" from the above referenced Instrument. (see attached graphic showing the area requested to be vacated, Exhibit A). The legal description was originally drafted, and the easement recorded in September, 2005. Subsequently to that, the water system was installed and the building on Lots 18 and 19 (Bonito Peisner Condominium) was designed and built encroaching on a portion of the Western easement line. We are in the process of obtaining the County Survey's signature, and the easement issue was addressed in one of their comments, necessitating this request. This relinquishment will have no functional effect on whether the building's service or the City's access/maintenance since, again, both the building and the water service are in. This is simply a request to clear up the easement location since the ultimate building design conflicted with the easement as originally drafted.. We are in somewhat of a crunch to get this Condominium recorded, so anything you can do to expedite our request would be greatly appreciated. Once we receive the signed and notarized relinquishment, we will record the document and provide you with a copy. Thanks, and please let me know if you have any questions. Sincerely, EL DORADO OFFICE PARTNERS, LLC. BOISE • COEUR d'ALENE 9 McCALL 0 • Mr. Bruce Freckleton June 13, 2007 City of Meridian Public Works Department 660East Watertower, Suite 200 Meridian, ID 83642 Re. Agreement to partial vacation of Easement "G" (Water Line and Water Meter Easement, Instrument No. 1 0512 751 9) as shown on attached Exhibit A. Dear Mr. Freckleton: The above referenced portion of Easement " G" is no longer required since the building on this lot was modified slightly from the original design, that was contemplated at the time the legal description, and Exhibits, were prepared for this easement. The Owner, EL DORADO OFFICE PARTNERS, LLC., Stephen E. Peisner, Manager requests this relinquishment of this portion of the easement. By signing this document, Meridian Public Works Department, relinquishes its interest in a portion of easement G, as shown on the attached Exhibit A, and agrees to the partial vacation of said portion of the easement. Please execute this letter by a notarized signature below - Date: Signature: Title: Sate of Idaho County of Idaho On this ,day of , 200_, before me, a notary public in and for said state, personally appeared , known to me to be the person who executed the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at , Idaho My commission expires: i 0 EXHIBIT A PARTIAL VACATION OF EASEMENT "G" BONITO PEISNER CONDOMINIUM LOCATED IN LOTS 18 AND 19, BLOCK 1 OF BONITO SUBDIViS1ON NO. 3, EAST 1/2 OF SECTION 20, TOWNSHIP 3 NORTH, RANCE 1 EAS7; BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO .2007 S23'S1'24'E 21.9' `\ S SECOW FLOOR 5.71 N 3 00- nw Ftp f O, I S 02!� E N 82'30'00' E 20.00' Z 6.o Lo_t�T6. �k ts6z1�' a4 �� 18. k 1 9t.30' PORFION OF EASEMENT 'C' TO VACATE 2684.06' 726.47' l w � od / Le w SO 00 rS6z30'OGw /E7I' PEDs / / 30' PEDESTRIAN EASEMENT 3 INSTRUMENT NO. / 2� 1 �' / 103193119 W.C. EXISTING 35' DRAINAGE & / IRRICATION EASEMENT 1 fJ a 1/4 CSP r FD. S/6" REBAR CP&FR INSTRUMENT NO. 103204073 0 20 40 80 120 / N. SW COR. LOT 17. BLOCK 1 / 1 1 now now I CURVE CFIu a�1Rpn acm i2 �5 m 2a0, nkse eR.0 y n4.et C yQ�N m aoaaR 4a.0 24lR 100 - �1r 9.53 iuvinimILN-viffulm ENGINEERING Cu. C3_ ENGINEERS SURVEYORS . PLANNER5 C/L� 9777 CHINDEN BOULEVARD - BOISE, IDAHO 83714-2008 PHONE: 208-323-2288 • FAX: 208-323-2399 E -FRE: BOWO CONDO NO2 DR)ILDWO DATE: 06/12/07 JON: 04107 1F 10 CP&FR INSTRUMENT ,gp gj NO. 103135428 E. COPPER — — P IMEC1 9au►aRr POINTDR. �"AL `m I 0 URF YN 1 r+i LOT 12. BLOCK 1 r ---- — -- SLAWDosv — �7 E LAW 60NT10 SUBDNfS10M N0. 3 WW OR PROM- LIME iQOT, ElgE1g11f NSR. N0. 106127619 ® ARM a1R' RE30 'K$ 7UW N 1 O /OUM 1/2' RMIR 'PIS Ml*. RDgACLD MIFF wr mcm w/PI M COKa MN' Iu + "mm 6R16m CAP .ji O n P.O. POW Q INICI11/I11 R (201,W) Ream mm R� V tlt a CAWARM POM pone i sM CoRmax FWIR 1A, Mm WHAM W 'PIS ml*. RM CED MIR S/4' RFLRR VALLA 0C CM '"Al RPR? 1 oo amm MRQ mvm l w � od / Le w SO 00 rS6z30'OGw /E7I' PEDs / / 30' PEDESTRIAN EASEMENT 3 INSTRUMENT NO. / 2� 1 �' / 103193119 W.C. EXISTING 35' DRAINAGE & / IRRICATION EASEMENT 1 fJ a 1/4 CSP r FD. S/6" REBAR CP&FR INSTRUMENT NO. 103204073 0 20 40 80 120 / N. SW COR. LOT 17. BLOCK 1 / 1 1 now now I CURVE CFIu a�1Rpn acm i2 �5 m 2a0, nkse eR.0 y n4.et C yQ�N m aoaaR 4a.0 24lR 100 - �1r 9.53 iuvinimILN-viffulm ENGINEERING Cu. C3_ ENGINEERS SURVEYORS . PLANNER5 C/L� 9777 CHINDEN BOULEVARD - BOISE, IDAHO 83714-2008 PHONE: 208-323-2288 • FAX: 208-323-2399 E -FRE: BOWO CONDO NO2 DR)ILDWO DATE: 06/12/07 JON: 04107 • ADA COUNTY RECORDER J. QARNAVARRO AMOUNT 00 BOISE IDAHO 07119107 01:32 PM DEPUTY Lisa Irby III I'II'I'IIIIII�II'll'IIIIIIIII'I'II RECORDED—REQUEST OF 107102512 Meridian City CITY OF MERIDIAN PARTIAL RELEASE OF EASEMENT WHEREAS, by easement dated August 11 s', 2005 and recorded September 2, 2005 as Instrument Number 105127519 of the records of Ada County, State of Idaho, William David Evans and Caroline F. Evans, husband and wife, granted to City of Meridian, an Idaho Municipal Corporation (City), a water line and water meter easement over and across certain real property legally described and visually depicted in said Instrument. The recorded instrument granted nine separate easements ("A' through "I") for the construction, operation, maintenance, repair, and replacement of a water main, water lines, and associated facilities; and WHEREAS, subsequent to the recording of Instrument Number 105127519, improvements to the real property were constructed such that they encroached on a portion of Easement "G." The water facilities have been installed on the subject property and the encroachment has not affected the City's ability to operate, maintain, repair and replace its water system. Accordingly, the relinquishment and release of the encroached -upon portion of Easement "G" is necessary to correctly define the location of the City's easement, NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby release and abandon the portion of the rights and easements depicted in Exhibit A and legally described in Exhibit B, with the intent that the same shall forthwith cease and be extinguished. This Partial Release shall have no effect on the remainder of Easement "G" or any other easement set forth in Instrument Number 105127519. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this IqA day of July, 2007. CITY OF MERIDIAN BY Tammy1re Weerd May ATTEST �. City Clerk tel STATE OF IDAHO ) ss County of Ada ) On this l ( +\ day of July, 2007 before me, a notary public in and for the State of Idaho, personally appeared Tammy de Weerd and William Berg, known or identified to me to be the Mayor and City Clerk of the City of Meridian, respectively, who signed and attested the within instrument and acknowledged to me that they executed the same. - Q's �® S Iq CCA W7 , !_Ct' 4:e�_ Notary Public for Idaho k �11,c,16�w Residing ati�aridiaho e ® ��- Sr Commission Expires: r 11 EXHIBIT A PARTIAL VACATION OF EASEMENT "G" • BONITO PEISNER CONDOMINIUM LOCATED IN LOTS 18 AND 19, BLOCK 1 OF BONITO SUBDIVISION NO. 3, EAST 1/2 OF SECTION 20, TOMSHIP 3 NORTH, R4NGE 1 EAST, BOISE MERIDIAN CITY OF MERIDIAN; ADA COUNTY, IDAHO 2007 S=1'24'E 21.29' X14 00 �g4A N 09 E 79aD j ` SECO M FLOOR 69.09 ru7st FLOW % V c S 01200' 730'pp` E E apl ; N '8 d PORT= OF EASEMENT 'G' TO VACATE 899 2984.08 729.4r 7!7 10 CP4FR INSTRUMENT T NO. 103135428 E. COPPER — — pmw miow POINT DR. — — _ — — — — rASO9DIT IN LOT 12. BLOCK , ---------- sM1 a ME Yi BONITO SUBDMSION NO. 3 Wo on t t98 W01 //9101DR aw. ND. 1051=19 o ►Oleo 9/9' 90ln ws 1978' "1 O RRRb 1/9' Is" 'Pta am,. 9TSIA0m WN 9/9' ROHR r/pum WP 7t9 Me jy + T09I11) 9 00 p AGS Paw a atsrRao 0 m s poli 7 Rmm NBA ° eAl "An, mw p1oRO19 a» Z � N � igbo l/Y 9Ean r/aAsnG w 'rla 49N RORACfa w1N a/9' elan r/1WIIC OM TL4 r91 F was 4XIIIIIIIIII FIRM 9/9' FMW r/M4dTc OW 115 9N1' pQ OSSf9I9 =a mm /ll000 00 S g(3C St � EXISTING I� / 30' PEDESTRIAN EMENT INSTRUMENT NO. / 103193119 WC. 4,/ / IRRIGATION EASEMENToe / 0 20 40 80 120 sx coa DoT n. Bloc>< 1 Tc. a i m 1rm 9:4.N 1OtLTA ldglm Q eJQ� 1 W WN i TOOTHMAN—ORTON ENGINEERING CO. C3 G` Ch 1PIDABAUW GJMAL ENGINEERS ERS 9777CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 PHONE: 208-323-2288 • FAX: 208-323-2399 E-FjLL W9f0 CM W2 E101 = OU1E: 06/12/07 JR 04107 47 !/I CDP FO. 6/B` REBAR CP&FR INSTRUMENT NO. 10320/073 n TOOTHMAN-ORTON ENGINEERING COMPANY CONSUL77N0 ENCIMERS, SURVEYORS AND PLANNERS Project: 04107 Date: June 25, 2007 Page: 1 of 1 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 208-323-2288 • FAX 208-323-2399 boisegtoengrcoxam EXHIBIT "B" BONITO SUBDIVISION NO.3 DESCRIPTION OF PARTIAL VACATION OF WATER LINE AND WATER METER EASEMENT "G" A parcel of land situated in Lot 19, Block 1 of Bonito Subdivision No. 3, filed in Book 94 of Plats, at Pages 11520-11522, records of Ada County, Idaho, located in the East % of Section 20, Township 3 North, Range I East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the Center 1/4 comer of said Section 20, from which the corner common to said Sections 20 and 21 bears S.89°54'36"W., 2664.08 feet; thence, A) N.88°52'46"E., 2008.68 feet to the northwesterly comer of Water Line and Water Meter Easement "G", Instrument Number 105127519, records of Ada County, Idaho; thence, B) S.06°34'02"E., 7.63 feet to the POINT OF BEGINNING; thence, 1) N.82°30'00"E., 6.08 feet; thence, 2) S.06°34'02"E., 3.12 feet; thence. 3) S.82030'00"W., 6.08 feet; thence, 4) N.06°34'02"W., 3.12 feet to the POINT OF BEGINNING CONTAINING 19 square feet, more or less. SUBJECT TO: All Covenants, Rights, Rights -of -Way, Easements of Record and any other encumbrances. EXHIBIT "A" attached, and by this reference, made a part hereof. G:\04I0TWPF1LES1Legal Dw=p11mA &B Water Essanm Vaeation.dw BOISE • COEUR d'ALENE ► CALDWELL June 15, 2007 MERIDIAN CITY COUNCIL MEETING June 19, 2007 APPLICANT ITEM NO. 5-V REQUEST Approve Bid for Shepherd's Creek Oversized Sewer to Brown Construction for $50,846.00 and Approve Reimbursement Agreement between the City of Meridian and Shepherd's Creek for a Total Reimbursement of $34,830.00 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 aftached ApprDvr— Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 Memo To: Will Berg; Tara Green Frons Kyle Radek, P.E., Staff Engineer CC: File C� Date: 6/14/07 Re: Proposed Agenda Item for June 19, 2007 City Council Meeting I U N 13 2007 City Of Meridian City Clerk Office The Public Works Department respectfully requests the following item be placed on the June 19 City Council agenda, under Consent Agenda, for Council's consideration: Approval of bid for sewer and Reimbursement Agreement between the City of Meridian and Shepherd's Creek Inc. The developer received three bids for the oversized sewer in Shepherd's Creek Subdivision. The low bidder was Brown Construction Inc at $50,846. The agreement reimburses the Developer for construction of the oversized sewer through Shepherd's Creek subdivision. The total reimbursement is $34,830. Recommended Council Action: The Public Works Department recommends that City Council approves the award of the bid for the Shepherd's Creek Oversized Sewer to Brown Construction Inc. for $50,846 and approves the Reimbursement Agreement between the City of Meridian and Shepherd's Creek Inc for a total reimbursement of $34,830 and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 1 0 0 AGREEMENT THIS AGREEMENT made this day of ,20 , by and between the CITY OF MERIDIAN, a municipal corporation, hereinafter called CITY, and Shepherd's Creek Inc., hereinafter called DEVELOPER: WITNESSETH: WHEREAS, DEVELOPER owns land inside the corporate limits of the City of Meridian and has constructed a sanitary sewer system to their serve their projects as shown on Exhibit "A" and has requested reimbursement for certain portions of the sanitary sewer system; WHEREAS, upon recommendation of the Public Works Department, the Council of CITY accepted and approved the proposal of DEVELOPER subject to all conditions hereinafter provided by this Agreement. NOW THEREFORE, in consideration of the foregoing premises, it is agreed: A. Preparation of Plans. DEVELOPER has prepared plans and specifications, drawings, instructions, bid proposal and all other contract documents for the construction and installation of sanitary sewer system, shown on Exhibit "A", including rights-of—way, grades and elevation, and materials used in the construction and installation of said trunk sanitary sewer lines. B. Construction of Sanitga Sewer Trunk Lines. (1) DEVELOPER will install and constructed the sanitary sewer system and appurtenances as shown on Exhibit "A", subject to the conditions hereinafter provided. (2) DEVELOPER will provide all engineering, surveying, contract administration, permanent and temporary construction easements for the construction of the sanitary sewer system described on Exhibit "A". (3) DEVELOPER will provide all testing, sampling and other normally conducted quality control/quality insurance of installed systems. (3) CITY will provide inspection services for the construction of the sanitary sewer system described on Exhibit "A". C. Letting Bids. DEVELOPER has solicited bids and published requests for bid proposals for construction of the sanitary sewer system from at least three (3) properly licensed public work contractors. DEVELOPER will award the construction to the lowest responsible bidder after obtaining concurrence from CITY of low bidder. 0 0 D. DEVELOPER and CITY Responsibility for Costs. Because the DEVELOPER will construct additional sanitary sewer improvements, as shown on Exhibit "A", at the request of the CITY, it is mutually agreed that the cost of those sanitary sewer improvements will be shared as contained in Exhibit `B." It shall be the responsibility of the DEVELOPER to provide 100% of the financing of the project with reimbursement from the CITY in accordance with Section E of this agreement "Reimbursement to DEVELOPER." E. REIMBURSEMENT to DEVELOPER. Because the DEVELOPER will construct the sanitary sewer system as shown on Exhibit "A", the CITY shall reimburse to the DEVELOPER that portion of the cost attributable to other development, which is $34,830 . F. Term of Agreement. Payment shall be made to the developer after satisfactory completion of the construction of the sewer improvements. G. Sanitary Sewer Lines on DEVELOPER'S Property. As a condition for CITY entering this Agreement, DEVELOPER has or will: Submit to inspection by either the Public Works Department or the Building Department of CITY whenever a building is to be connected to the sanitary sewer system constructed and installed on and within its property. H. Cost of Sanitary Sewer Line on DEVELOPER'S Pronerty. All costs and expenses, including the construction, engineering, advertising, clerical and legal and all licenses and permits which may be required for the construction and installation of the sanitary sewer system upon and within DEVELOPER'S property, shall be at DEVELOPER'S sole expense. This condition specifically excludes the CITY'S share of the sanitary sewer system on Exhibit "A". I. Compliance with Laws. (1) In constructing and installing the sanitary sewer system within its property, DEVELOPER, at its sole expense, shall comply with laws, orders and regulations of Federal, State and Municipal authorities and at its sole expense shall obtain all licenses or permits which may be required for the performance of this Agreement. (2) Upon connection to the sanitary sewer system, DEVELOPER agrees to abide by all applicable City laws, rules and regulations pertaining to sanitary sewer systems. J. Indemnification and Insurance. DEVELOPER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by DEVELOPER, its servants, agents, employees, guest, and business invitees, and not caused by or arising out of tortuous conduct of CITY or its employees. K. No Assignment. DEVELOPER shall not assign any portion of this Agreement or any privilege here under, either voluntarily or involuntarily, without the prior written consent of the CITY, which consent shall not be unreasonably withheld. L. Definition of DEVELOPER'S Property. The term "DEVELOPER'S PROPERTY" in the Agreement shall mean the parcels described on Exhibit "A" attached hereto. and more specifically as all lots within Messina Village, Messina Hills, Tuscany Lakes, Tuscany Village, Glacier Springs, and the future Messina Meadows subdivisions. M. Binding Effect. An executed copy of this document shall be recorded in the office of the Ada County Recorders and is an Encumbrance which shall be binding upon all of DEVELOPER'S assigns, or successors in interest to said property. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. DEVELOPER: Name (printed) Signature Secretary, Title Date 0 STATE OF IDAHO ) ) ss County of Ada ) 0 On this day of , before me the undersigned, a Notary Public in and for said State, personally appeared . and ,known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public For Idaho Residing at: Commission Expires:_ (SEAL) MAYOR ATTEST: CITY CLERK STATE OF IDAHO ) } ss County of Ada ) On this day of , before me the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR, known to me to be The Mayor and City Clerk of the City of Meridian, Idaho, who executed the within instrument and acknowledged to me that 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. Notary Public For Idaho Residing at: Commission Expires: (SEAL) 0 0 Exhibit B Calculation of Reimbursement Amount for Shepherd Creek Oversized Sewer 6/14/2007 Sewer Average Size Depth 27 inch 16 feet Low Bid Amount $50,846 Reimbursement 68.50% Reimbursement $34,830 GUI Bennett Rd. - Nampa, ID 83686 V. Phone (208) 465.0274 - Fax (208) 466.35 MATT SCHULTZ 2127 S. ALASKA WAY MERIDIAN, IDAHO 83642 5/7/2007 ESTIMATE PROJECT 281- SHEPARD CREEK ADD ON QTY DESCRIPTION COST TOTAL SEWER: 440 SEWER PIPE 27" 89.50 39,380.00 2 SEWER MANHOLE(S) T TYPE 5,383.00 10,766.00 127" PVC CAP 350.00 350.00 1 27" PVC PLUG 350.00 t 350.00 TOTAL $5OM6.00 • ROMM Excavation, LLC i Shepherd Creek Subdivision (Meridian. ID) 27" Sewer Only Type of Work Cost Sewer 2r Sanitary Sewer Main 436.82 LF Pipe Materials 3 LS Manholes and labor to install 2 EA MObili7a n its CCTV and Flush and Testing I [S SK0201 Total Job Cost $66;020.20 Notes: 'Phis quote includes all materials, inion, equipmenw, and labor to install the 27 -inch Sewer in Shepherds Creek Subdivision in Meridian, M This bid is only good ifall of the above items ace accepted. *Cone rew collars will be insWIW by other s All compaction tests shall not be borne by H2 Excavation. * The above bid was based on plans marked "not approved for construction'. Any extra improvements required during the review prods shall be charged above and beyond the above bid. 'Due to the insh bit ty of the PVC pipe market, and the iron m ket; pipe prices are quoted to be ordered by 5J20/07. After that date if the quote for pipe shall go up or Clown inprice, the owner shall be charged more or refined the additional costs. May 03 07 Ob:72p Piatlnum txcavauon 4325 Washington Ave Caldweell, ID 83607 ,aO a cudc"W 1 MIkConsalft Atte: Matt Schultz E;sftmata Good For 30 OBys Description 436.82 Ureter Feet of 2T Sewer Maln Mwdtdas and labor to install sewer Pipe and materials CCN. Flush and Testing Moblllzatfon fees El BmIluides testing, staking, Imenneable material. dewatering and hazardous material removal. 6V VTV TV� s Estimate Fax 0 E-mail 208-573-6885 208-454.9299 PO Number Job Shy Cnek Sobdo Cort Total 75.215.00 1 75, Total Date Estimate d I SI3/2007 wit -05j? Fax 0 E-mail 208-573-6885 208-454.9299 PO Number Job Shy Cnek Sobdo Cort Total 75.215.00 1 75, Total 0 r� u June 15, 2007 MERIDIAN CITY COUNCIL MEETING June 19, 2007 APPLICANT ITEM NO. 5-W REQUEST Approve Amended Bid for Water and Sewer Improvements in conjunction with the Intersection of Meridian and McMillan Roadway Project for an Amended Bid of $41,202 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: COMMENTS See attached A[,P-ov�� Materials presented at public meetings shall become property of the City of Meridian. • JUN 15 2007 Memo City Of Meridian City Clerk ®face To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer CCs File, Len Grady. Keith Watts Dates June 11, 2007 Res Proposed Agenda Item for June 19 City Council Meeting The Public Works Department respectfully requests the following Item be placed on the June 19, 2007 City Council agenda, under consent Agenda, for Council's consideration: Agoroval of amended bid for Water and Sewer Imarovements in coniunction with the Intersection Meridian & McMoran Roadway Proleet The previous bid approved at the June 5 City Council meeting of $16,710 was in error. One of the bid Items was omitted from the total. The bid amount for the water and sewer improvements for the overall project low bidder is $41,202 The engineer's estate was $27,015. Recommended Council Action: The Public Works Department recommends that City Council approves the amended bid of $41, 202 for Water and Sewer Improvements In conjunction with the Intersection Merldian and McMillan Roadway Project and authorizes Frsgl rtg to go ahead with the project. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 00/08/07 q&FAX 208 377 8982 _. I1001/013 BRIGHTON CORPOON FAcsnvf .g COVER SIMET TO: — 55 FAX NO. TEL NO. FROM: FAXNO. 208-37t4961/ TEL NO. 208-378-4000 DATE: % f V 244:7Nmnber of pages including fhis sheet: i aTJ Comiments: coo -4 { K'a-r-j Faarn -r({e 4rrsr wat�lu7B GMAwyes ^"� AojW^;D uK3, "r-dE aTtE T",F FINAL.. (�Ra GT C�TRRG77JI:4L /FrviOt7N73 6-r—L t.,�RTE12lyNE rtgfHN�• KEVIN b.%tabES lL'C-900 uNiT Corr IS HA*Ht $vr rr, ww7'svh`E Wry GNo�G6 WE Fl�4YE A -i TtitS /biNY. 1 �• Id6l�t�� rt GaryTRR-G7' • i�IJ�4`/ Foy alavvAYS GRavwy�7 I �1Kt�+C% j tk7Grti1E. t'i�As� aA-u— AMP �f you rtRve CavE_srlen�s rmNwa, JAV -PM arighrox Corparaam 126OX W. Hzplorjwb+im Suite 264 Bolo, Idaho 83713 ar'y Mdd tp eom m- ,Tk4 (260 3784086 Far (.SOB) 377-062 08/08/07 •07 FAX 208 877 8802 IM002/018 law . – V" COPSWUC ft & Sties Kevin Wade MerI& ,to gum Phom 2OLs9SAM Fac ma—.a. nna CeSdae 208573.909 xmoMxtIW.'ma- aaNn®w6caaoued9n.us ♦'t41u41iu li S"FP'P L Pn>wa —arR`x) Pw�Ncw sv6 — 1%) MCI. f-u.BD SY r -C" 8N ct-3F Ca -44" %4 Use ew%.,+•b May 30 20 .Z) Cewh7>1�c.t C8FIFOtKr'0Ad) 3) TN6vRR+�GE (—L -Jr G-+az M. Jay Walker U)bwblw t,Ic RAs— t —2 r Bright -Corporation $rt RGI= — r-(zt3$ 12601 W. Explorer Dr., Suite 200 Boise, ID 83713 FAX (208)37748962 4� fo"Am.2r g ?IrRFcxm"c& - Ca+iSr RE, MERIIOIAK MCMUA AN ROADWAY IM ROV ENKENTSRen1 r CBRIGN7 a..7 Ce alpaR hnn`.�7 ACITD PROJECT NO. 307034 T&. Walker, $ohit'sa)vl$. � (Jet-tr�(,J Sr�4K/nY,t � Co�i''RlJt.a`• tvF Coastrucaton is placeed to aubmlt tha�toLLawma F*o t rairo�i eN*efm�ced Pto3at WF Construction agreas to provide the labor. equipment, and maffirial resmoces necessary to complete the work per the attached bid scho"s. I Please consider the following qualifications as perralm to this project ®d this proposal: 1. In our oph don, the requirement to leave three legs of the intersection open at all titin will rcgqu'ao temporary Shoumar paving to allow one lane traveling m ench direction on each log. 13eralim we have added an additional bid item for teapomry paving to mkVn this ocrwern- 2. We believe that we can oompleta this project by August 248, 2007. However, this than frame does not allow for any delay caused by utility relocations, Le., Idaho Pow®: Ivtennountain Gas, Qwest, etc. if these uti1hy companies delay our operetioua• than we cannot guarantee completion by August 24ib. We believe it to be unreasonable to require the Contractor to guarantee complation of work tier which we have no control of and for which no detailed construction utility plana was provided and no interface with rhe ud ft companies was provided In order to disass potential work durations and schedule Impacts. 3. Project completion on August 20 Is also based up— mauniais flunislud by ACHD being available when needed 4- Construction survayhhg, layout, engmazing, and design work aro not included m this proposal. 5. Quality control costs are not 'included in this proposal. Thank you for your consideration with this proposal and the oppotwnily to bid on your work if you should have any questions or would lllm to discuss this proposal further, then please call me at (208)573-4439. Respectfully Submitted, . WF CONSTRUCTION & SALES LLC t— c _�-- IEViN WADE. PROJECT MANAGER Phone(208)895-0600 0 Pat(203)895-0625 08/08/07 AgokOg PAX 208 377 8882 • 0003/017 1.1 M;1'1F1 Il FBTIIMAT® I I uNff BID I BID n%m 1201A.I.C.1 ZS'aoo REMOVAL OF OBSTRUCTIONS 130E i 201.4.1F.1 REMOVAL OF TREE 6'+ EAict, Ii t, Bzz202.4.LA1 hJ(CAVATION AMTM MISCELLANEOUS SURFACE RESTORATION 9 t ss o 307.4.1.-.3 SOD 20CSY bBSCELI ANEOUS SURFACE RESTORATION q- 307.9.7 n.5 2024 SY � .A� -•_' 1� 118L {� 6014.1.AS.A 12' CA00 PVC PIPE LP ck 124' e4 601.4.IA.5.6 C -M PVC PIPE III LF 2t eta � $y ae 602.4.1.21 CATCH MANHOLE ICATCHBASIN fio �i4`nn 602.4.1.f.1.A -TYPE I 10 EA V•fio' 7 -re sr. 6024.1.F-12 CATCH BASIN - T'YPB Rl 1 EA SrB� 1 M'OOb —4.1.1-1.1 PRECAST SUDIMENT BOX STANDARD 6- VERTICAL CURB •FLBte Iv to vq;31'f 706.4.I.A3 AND GUTTER '9683 LF 706.4.12.1 CONCRETE VALLEY OVITM L �i Any Proposal shall be deemed maupm2d" which embalm omiobas, tmn m or aftou"on.9 not ini>Ialed, 2"figms of any kiwi, prices uncalled for, priem which are obviously oubalancsd, or whieb is soy manner shall fall to ..Deform to the conditions of dw published "Invitation to IN". 05/17/07 nae 1 of 8 gadder vlld com4r0W.V 4 1 aAaES u -G. 08/08/0718 FAX 208 377 8982 _ I3j004/013 14 M'Ivl McMnJANIMERMILAN ROAPMAXX1 1' 1 I A MHII PROJE91` 1. 3070M rrEM I 14 - ITEM FSI7MATED UNIT BID I BID NO. ITEM DESCRIPTION UAM MIT UNIT PRICE TOTAL Any Proposal shag be doomed nnrespunaWe which contains omissions, erasures or alterations not Initialed, additions of any kind, prices nulled for, prices which are obviously unbalanced. orwhlch to any manner shall fag to coulbrm �. to tike cond#iams of %* published "iavonds n to Bid". 05A7/07 Page 2 of 8 Biddy. Mfg Cods-rxo.,n-4 , NA sa —4<. 706.4.1.E.I CONCRETE SIDEWALK SY CONSTRUCT CONCRETE DRIVEWAY 3z 3`116 706.4.1.F.1 APPROACH ILI SY ,ase -a is 801-4.1.13-1 6• MINUS UNCRUSHED AGGREGATE BASE TON ¢PZ I B ML SJ ss.o CRUSHED AGGREGATE FOR BASE TYPE I 4945 TON 6$ /Tis, e40i PSM4.11.1 PLANTMIXPAVt;rttCMf N Leo �o 1103.4.11.1 TRAFFIC CONTROL SIGNS 180 SF 1103.4.1.C.1 TRAFFIC CONTROL BARRICADES, TYPE 111 4EA 1103.4,1.D.1 TRAFFIC CONTROL DRUMS 50 EA e, a _ 1103.4.1 J.1 TRAFFIC CONTROL MAINMANCE 200 MH 1103.4.1.H.1 PORTABLE TUBULAR MARKERS 50 EA e00 1103.4.1.12 TRAFFIC CONML. FLAGGIMS L 2on Mil TRAFFIC SIGNAL AND ILLUM SYSTEM COMPLETE MAWLLAN I MFRIDIATf f g, Lee I f >3� 800 I131.01.91A INTERSECTION I JOB se c w any — 1134J13.07 STRIPING DETAIL 87 PAWL 898 LP Any Proposal shag be doomed nnrespunaWe which contains omissions, erasures or alterations not Initialed, additions of any kind, prices nulled for, prices which are obviously unbalanced. orwhlch to any manner shall fag to coulbrm �. to tike cond#iams of %* published "iavonds n to Bid". 05A7/07 Page 2 of 8 Biddy. Mfg Cods-rxo.,n-4 , NA sa —4<. 00/08/07 FAX 208 377 6002 • fdJ005/013 U'IJ11 _ !fL' /lam .. _71 ITEM =MATED UNIT BID Bm 1TFM IND. IMM DEBCR1pTION QUANTfIY UN17 PRICE TOTAL Any Proposal shall be deemed uprespons(ve which eeatatas omissions, emura or altsrathms net LaiHaled/ additlans of any kind, prise unaged for, prim which are obvlou* unbalanced, or which In any manaer shall fail to conform ..r le the condidoas of the publbbed "Invitation to Bid". OU17107 Pegs 3 of8 gid4er WF ev le'l(L,fa'r16M ' VAcBS u.c n 7' >3� 1134.03.06 S1RMG DETAIL #8 (p 1267 LF S_o M q g3 1134.03.09 STRIPING DETAIL. #9 (PAPM 1887 LF 0 � o s79 1134.03.12 STRIPIING DETAIL#12(PAINT) 633 LF p IM 1134.03.15 STRIPING DETAIL 813 LF Ole 394 L 1134.03.17 MUPING DETAIL 817 (PAINT') 1327ILF $ Ef Y' -lip S. 1134.05.18 PAVEMENT MARKINGS OPL,STI 1060 SP IE,S gyro 1135.01.01 ROADSIDE TRAFFIC SIGN INSTALL nON 14 EA ' .+Pg 'F9N 1135M.06 REMOVE AND SALVAGE ROADSIDE SIGN 13 FA at v��>riF essmf 201043A.1 BMON ILI 1 OB ifs e: `fes �• 2030.4.1 A_1 ADJUST MANHOLE TO GRADE 1 EA 03D.4.Mi ADJUST VALVE BOX TO GRADE 10 EA A.IA.1 INSTALL FENCE TYPE 3-B 39INCH LF r2LO140 IINSTAtL .4.13.1 TY IA GATE, 15 FT 7. EA Any Proposal shall be deemed uprespons(ve which eeatatas omissions, emura or altsrathms net LaiHaled/ additlans of any kind, prise unaged for, prim which are obvlou* unbalanced, or which In any manaer shall fail to conform ..r le the condidoas of the publbbed "Invitation to Bid". OU17107 Pegs 3 of8 gid4er WF ev le'l(L,fa'r16M ' VAcBS u.c 06/08/07 9 FA% 208 997 BB82 __ 1M006/019 1� yY'ldl I�� 1 Iv:�1v.1�1) it zl til_4a► jj,um= YC_II ' ' 1�)_ 1 I I • I'MMI ESTIMATEDUNIT BID BIDI'MM NO. ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL ISP-710ASIAN /P � aely CURB. TYPE A-7 OR C-7 232 LF =-8 We GRAVEL REPAIR SY SP410 ASPHALT REPAIR 785 SY SP-I003.4.1.A.1 SILTFENCE 1130 LF 1 ee taRR r}ev SP-1006A.I C.1 INLET PROTECTION 4 SF -8131.01.07 CONDUIT FOR FUTURE LI wnm LF Ir SP -1131.01112 CONDUIT FOR FUTURE RJTERCONNEC[ 274C LF Y °o 2EL SP -1133 170E III BARRICADE 4PA t SP -1399 IRRIGATION DITCH 537 LF zLwZ-o. s3ir es°7a e� SPAM 0CIRRIGATION BOX EA r �P-S' o ao' SP -1616A IRRIGATION CANAL GATE -12 1 EA �S'Oe� z.see� SP -16166 1RRIGATION CANAL GATE -18• I FA 29So � 2,79'.� SP -1616C IRRIGATION CANAL GATE -24' 1 EA Any Proposal ahall be deemrd onra wive wbieh contains omissan% erasures or altar Ww not Imbialed, additions of say hind, p t— t n -M for. Wim whh51 ere obWosely oobalanced, or which io a" mmcr 6alIW to conform to the Bond ft= of the published "Invluftim to Mill. 03/171" Pete 4 of 8 Bww. wJw S.4.19s e.t j 08/08/07 FAX 208 377 8882 IA1007/013 1 ' 11- - +- _ tet. IM ` a 111 / FS M"TED I I UNIT BID I BID rmm Sr- 115p"1P rwif-14 �-eo 'sY zo ♦S. s -s -e a= £-- ROADWAY PROJECT BW SUBTOTAL (A): r5T-ITE4 1, 25�,sYY arpAv." e -4-RS 1 2 9 / P c- k Z1 Any Proposal shall be deemed unresponsive wbich contains ombalons, mmura5 or alter"ous not initialed, additions of any bind, prices anwlled for. prices whkb we obvlonsly unbalanced, or which In any manner abaU fad to tathrm v to the coodkWM of the published "Inrttstlon to Md". 05/17/07 Page 5 of 8 Bidder WP' prlL7,lali7fON : FALL'$ &-i SP -2000 F"AMWDIFY SPRINKLER SYSTEM 250 LF SP -2040 TEMPG1tARY FENCE 606 LF S 7e. 21 SP -2041 TE FENCE 282 LF .m SP 2216 STORM WATER MANAGEMENT Mob 2r" m o 26 a o fig - S5o SP -2508 INSTALL MAILBOX 2 EA2 T ►z�� $�, �� SP 6002 STORM DRAIN IlVFILTRAMON BASIN 3 EA Sr- 115p"1P rwif-14 �-eo 'sY zo ♦S. s -s -e a= £-- ROADWAY PROJECT BW SUBTOTAL (A): r5T-ITE4 1, 25�,sYY arpAv." e -4-RS 1 2 9 / P c- k Z1 Any Proposal shall be deemed unresponsive wbich contains ombalons, mmura5 or alter"ous not initialed, additions of any bind, prices anwlled for. prices whkb we obvlonsly unbalanced, or which In any manner abaU fad to tathrm v to the coodkWM of the published "Inrttstlon to Md". 05/17/07 Page 5 of 8 Bidder WP' prlL7,lali7fON : FALL'$ &-i 00/09/07 0 VAX 200 977 $901 _ 41000/019 EsTu"TED I 1 Mir DW I DID ITEM 401.4.IA.I.A 0'C-MPVC $ T -l3 LF L^ 2q, z 402-4.1A.1 8-"MVALVE I EAE9�� 29de SPAM BWW-0FF ASSEMBLY EA �ftos S3so SP404 AAJlIS7MGSMOWATERMAIN ATNEW PIPE C"SSINO 3 rA f. oa = sSen ffi ff6.• rrfll. #1 WATER SYSTEM PROJECT BID SUBTOTAL (B): �a � fw� E4awr-z�.O15 Dls>FEIIiS.Yj rO, Any Pmpoeal *4 be deemed unramourdvewhich contains omissions, erasurm or alterations not hd&b3d, additions of any kind, prow antaded for, prhm wh etre obviously unbabinmd6 or wbieh in any manner shou fie to eaffiorm u to the cowUdom of the publhhed "hwnation to Bid". D5/17/07 Pape 6 of s Bidder. vVF nJanerFr<e-t sP-Bs — 09/08/07 0 PAZ 208 377 8982 ¢1009/013 11 `M:I �iI / 1 i �_Y: :11 a1 J_ sy_1 W I Z1 ESTIMATED I I UMT DID I BID ITEM HERITAGE MIDDLE SCHOOL PEDESTRIAN II31.OlAlB SIGNALDESIGN I JOB s;t6Bo—' srvao� SCHOOL PRMSTRIAN SIGNAL PROJECT BID SUBTOTAL (C): - sr 6 'G% � — Bevlrory N poop Any Proposal shall be deemed unrespondve which cootntns emissions, eremres or alteratiam not ilddalmL addBlona of any loud. Priem me" bori prices wMeh ue obviously unbalanced, or whlcb to ady mamer shop OU to conform i to the coadMom of the pub®shed ^invllathm to »P'. 05/17/07 Page 7 of 8 BlddM_ MIF , sAAffA t1 c - 08!08/07 00 FA% 208 977 982 10010/019 Jal[D SOMME u ACEM PROJECT W. 307034 I/ 14-1. 53K = ROADWAY PROJECT BID SUBTOTAL (A): &-�M NI JtOA*— WATER SYSTEM PROJECT BID SUBTOTAL (B): "dr. -p7 - SCHOOL PEDESTRIAN SIGNAL PROJECT BID SUBTOTAL (C): s' �� a a: ✓ nr6u Coh�l<t"E I�ae,. � Ir ].35r `►ib � COMPLETE PROJECT SID TOTAL (A+B+C): - Any Proposal shall be deemed anrespandre which contains ombstons, ensum or alterettons not tuldowd, addlttous of any hind, prices uaaailed 1br, prices whlcb are obvtously unbalanced, or which in any manner shaft fart to conform to the conditions of the published "br imtion to Bid"_ 03/17/07 page 6 ars W6 eodaTad.n- 14 6iaCa a.r.� June 7,2007 0011/013 WF t'"TRUCTI PAGE 81/01 Mr. Jay Wain Brighton Corpambon 12601 W. Etcpkmer Dr., Suite 200 Boise, ID 83713 FAX: (208}377-6962 RE: MEMIANIMCMILLAN ROADWAY IMPROVEN(I NTS ACFD PROJRCr NO. 307034 141F CONSTRUCTION 8 SALES LLC P.O. BOX 670, NMMDUU% 10 &1880 PHONE: (2081885-0800 FAL(208)0864825 Mr. Walia, As disossed on dre phots arliv today. plass 0ons(der the following correction to our bid dormnents. On the bid schedule, item no. 7064.1.8.1 read as follows: 1Ti4M D ANi1T7 UNIT PRICE 706.4.1.8.1 CONCRETE V OUTnM 631E 521.00 $4.369.00 Item 7064.18.1 sboold have read as fi A➢ I D6.SCRIEMON OUANTrrY T UNIT PRICE TOTAL PIUCE L 708.4.1.8.1 _ CONCR= VALLEY GUTTIIR 209 LF I $2600 1 WR9.00 Unh price and total prion were correct, but I did not chmtga the quantity Gem 63 LF l0 209 LF. There should be no nuc cheep to ft total lump -man price for We monad dm to this typog a d&W etzat Thank you for your cousideTadon with this cmrectian. Ifyou should harm coy qucsw. or would Hke to discuss t[IL, proposal fiuth er. thea Please call me at (208).573-9439. ReWeatfidly Submitted, WFCONSTRUCTION & SALES LLC -f KEVIN WADE. PROJECT MANAGER phone (208) 895-0800 . Fox (2 0 81 8954M 08/08/07 11 EAX 208 377 8982 IM012/013 Page l of l Jay Walker From: Kevin Wade [krAn@wfoonsbvatlon.usj Sent: Wednesday, June 08. 2007 9:22 AM To: Jay Walker. Lynn Jenkins Subject: McAMan Meridian Road Project Jay - Are contracts oln ch to be a Pablo soon? Our proposed schedule for meeting your deadline was based upon sinrtin The 11 th is fast approaching. Let me know. Kevin Wade WF Construction ISIG:4666dl14265976W143361 6/8/2007 _g9/08/070'1 FAX 208 377 8982 0 Jay Waiter From: Kevin Wade (kevin@wfrmnatructior.usj Sent Monday, June 04,2W7 3:53 PM To: Jay Walker Subject: Meridlan/McMilian In ereectDn Project Cnr+Pat6A-r!� —� (�evinG�bre fi Jay - I have had a chance to naview the re cod drawings as it relates to the_1MM 0013/013 Page 1 of 1 I 1 need to apologize for the misunderstanding as I did not understand when you deleted the 18" watedine that the Intent was not to delete it but only to change it to a 12° waterline When you added this toolege to the storm drain bid quantities, it through the off and 1 did not have time to sand a request for lMormation with regard to why these changes were happening. Unfortunately, storm drain fine construction is not representative of watedMe construction. For esretnpk, with storm drain fines, points of connections are made with Inlets and manholes and they are covered under separate bid Hems. But with waterlines, these types of connections - tiffings, bends, Was, vahres, thrust bfocks etc. are Incidental to the price of the waterline and are reason for why unit prices for waterlines are more expensive. In addition, weterlines require bacteria testing, water and air pressure testing, tracer wire, and such that are not required with storm drain lines, generally speaking. 1 would request that the following change be made to the contact to mitigate this misunderstanding - if, in addendum 1, the addition of 9u1rdftv to the =a$13�6tt�, Then add a new line ftem for 12' 0-200 Waterline at 471 LF @ $52.00 I��Jp�a Question: Why dkd you delete 471 LF of 16° weterf'me and only add beck 9 7"CFoof 12° in addendum one 7 III tJC DIF �jSrw� iR'�Sp.�eu6D SdM�,440P W,Anyway, I know Kyle from the City of Meridien wanted to have this infomrauon�A sonneirBnet It on night. if you would We to discuss this matter further then please cell me. Again, I apologize for the misunderstanding, but the Information at bid time was ambiguous and unclear Thanks, Kevin Wada WF Construction 1SIG:466487af265820939169531 6AV2007 June 15, 2007 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST lune 19, 2007 ITEM NO. 5-X Addendum to Lease Agreement with Xerox for WWTP 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. • 0 TM AMMMM TO LEASE AG UMMENT (°Addendum°) Is entered as LLA e: 2007 by end betnr w City of Mar➢d➢an (`Customer or Wo and Xerox Corporation CXerou) and amends the Lease Agreement (Form 51. (OVA W-) (° Agreement' between the parties, which saM Agreernent was executed by Customer on ' 200. VVtiISIMAS, Custorm and Xerox desire to modify the Agreement. NOW, TtRE, in consideration of the foregoing and the mutual promises hereinafter set forth, the parties hereto agree as fallaw 1. The Agreement Is amended as follows; A. After the first sentence of Section 1 of the Agreement, which seld sentence begins °The term "Products° step.. ". the following shed) be kmrkxk "Nolwitlanything th the cadrafy set forth In this Agreement, Xerox will delkw a Xerox Wal Intre 7345 device (`"su 3sft to Egtdpmeni' In place of the Xerox CopyCentre 3545 device or Xerox WorkCentm Pro 3545 device, wfiictrever Is qvk able, (`Ordered Equipmernt' referenced" on the ouesrshest hereat and all of the information set forth on said covershtest, as well as the terms and o=21lone of thie Agreenent, applicable toy the Ordered Equipment shalt be applicable m the Substitute Equipment. in the Agreement, Substitute Equipment Is referred to as Egt4wwnV 2. Except as specified herein, the Agreement shall remake as stag. d there Is a conflict between the mrtente of the Agreement and oft Addendum, this Addendum shall control. IN WITNWS yYNEIS=pIR, duly authofiied wepiesenteNves of Customer and Xerox have executed this Addendum. City of Merien BY. Name: ur�.rlC]f4 "VG aM GLtcl `ey.�iiilirrrr� Title: Date.• 1t' air 16-7 FOR XEROX INTERNAL USE ONLY Xerox Order No - )W= WC 7340 do" &69ftW fW Xw=cc 3546 ftvlWGrXW=WGP 3545 dWae— SM Lem Apmt • LEASE AGREEMENT Full Legal Name Customer Name (Billto) CITY OF MERIDIAN DBA/Name Overflow Street Address 3401 NO TEN MR2 Box#/Routing ❑ Run Length Plan ®Fixed Price Plan City, State MERIDIAN, ID Zip Code 83642-5409 Tax ID# x Customer Name (Install) CITY OF MERIDIAN DBA/Name Overflow (if raga) Installed at Street Address 3401 NO TEN MILE RD Floor/RoonNRouting ❑ July - August City, State MERIDIAN, ID Zip Code 83642-5409 County Installed In ads Customer Requested hataIlDate 05/15/2007 (with serial number. if in place equipment) Check all that apply ❑ Assoc./Coop. Name: ®Negotiated Contract #:071 dd670'; DSA Contract #- - ❑Value Added Services: ❑ Attached Customer P.O. #s: Supplies: Lease: ® State or Local Government Customer Int. Rate: % Total Int Pa le: Ll ReplacementModiflcation of Prior Xerox Agreement Agreement covering Xerox Equipment Serial# (or 95#): is hereby ❑ modified ❑ replaced Effective Date: Comments: Lease Information Lease Term : 60mouths ®Supplies included in Base/Print Charges ❑ Refin. of Prior Agrmt :❑ Xerox (95#): ❑ 3rd Party Eq. Amt Refin: $ Int Rate: % Total Int Payable: $ $ 230.68 : mM MC1M LEASE PAYMENT (excl of applic. taxes) Price Information r Print Charge Meter 1: Prints 1 - + Meter 2 1 - Prints - Periodic Min.# of Prints (based on Meter 1 Print Charges) Prev Fin'l Min. Lease Payment iFrea. nstall Interm (tom exonding mwns cbmsW) ❑ Monthty ❑Quarterly ❑ Semi -Annual ❑Annual ❑ Other Min_ Lease Payment Mode ❑Advance ❑ Arrears Periodic Mm.# of Prints Fornoutc MmJF or rams (based on Meter 1 Print Charges) (based on Mew 1 Print Charges) ❑ Purchased Sa Iia ❑ Cash ❑ Fina Reorder OW IDescriotion cc rr otal Price = ® Trade -In Allowance - ;mm= Total Allowance Applied to: I ❑Trmde-ln Equip. Balance: ❑Price of Replctnat Equip.: Agreement Presented By: Xerox N be Phone:r�nstl, 5954 FOR AUTHORIZED HQ 04TERNAL USE ONLY: Accepted:_ Xerox Corporation By (Sierunnre nfAurlrnriCed 5igncr•) Title Date: V►1orksheet:1424637 Unit:I 413OP-00711:28:26 www.xerox.com ❑ R-16 Billing AddlCo W OptWons check all thatapply) Sneoension ❑ Run Length Plan ®Fixed Price Plan (check 1 as required) ❑ Per -Foot Pricing Months affected ❑ Extended Service Hours- ❑ Jane only Description: / $ 0 mo. ❑ July only ❑ Attached Addenda ❑ August only ❑ June - July ❑ Other Addenda: ❑ July - August CUSTOMER ACKNOnEDGES_B UM OF THE TERM OF THIS • ^ R b M (CONSISTING OF 6 PAGES INCLUDING TRI PAGE Auth. Signer Name: Tammy DeWeerd Signature: AWL SigonrTitle V/flR E -Mail• Was Exempt (+Mus(ynwh Sales Trac J% is, Xerox Foam# 51860 (05/2005) 6 4/30/2007 � ''9 GENERAL TERMS : The following terms apply to all lease transactions: 1. PRODUCTS. The term "Products" shall refer collectively to all equipment (the "Equipment"), software, and supplies ordered under this Agreement. You represent that the Products are being ordered for your own business use (rather than resale) and that they will not be used for personal, household or family purposes. 2. NON -CANCELABLE LEASE. THIS AGREEMENT IS A LEASE AND IT CANNOT BE CANCELED OR TERMINATED EXCEPT AS EXPRESSLY PROVIDED HEREIN, AND YOUR OBLIGATION TO MAKE ALL PAYMENTS DUE OR TO BECOME DUB SHALL BE ABSOLUTE AND UNCONDITIONAL AND SHALL NOT BE SUBJECT TO ANY DELAY, REDUCTION, SET-OFF, DEFENSE, COUNTERCLAIM OR RECOUPMENT FOR ANY REASON WHATSOEVER, IRRESPECTIVE OF XEROX S PERFORMANCE OF ITS OBLIGATIONS HEREUNDER. ANY CLAIM AGAINST XEROX MAY BE ASSERTED SOLELY AGAINST XEROX IN A SEPARATE ACTION. 3. LEASE COMMENCEMENT, PAYMENT, TAXES & CREDITHISTORY. A. The lease term for this Agreement shall commence upon installation of the Equipment; provided, however, for customs installable Equipment, die lease term for this Agreement shall commence upon delivery of die Equipment B. Invoices are payable upon receipt and you agree to pay Xerox each Minimum Lease Payment, all Print Charges and all other sums due as follows: (i) if the invoice displays a due date, payment is due and must be received by Xerox on or before said due date. or (ii) if the invoice does not display a due date, payment is due and must be received by Xerox no later than thirty (30) days after the invoice date. Restrictive covenants on instruments or documents submitted for or with payments you send to Xerox will not reduce your obligations. C. You shall be responsible for any and all applicable Taxes, which will be included in Xerox's invoice unless you provide proof of your tax exempt status. "'faxes" shall mean any tax, assessment or charge imposed or collected by any governmental entity or any political subdivision thereof, however designated or levied, imposed on this Agreement or the amounts payable to Xerox by you for the billing of Products, Print Charges, services and maintenance of any kind; Taxes include, but are not limited to, sales and use, rental, excise, gross receipts and occupational or privilege taxer, plus any interest and/or penalty thereon, but excluding any personal property taxes and taxes on Xerox's net income, If a taxing authority determines that Xerox did not collect all applicable Taxes, you shall remain liable to Xerox for such additional Taxes. D. You, to the exert required by applicable law, authorize Xerox (or its agent) to obtain credit reports, make such other credit inquiries as Xerox may deem necessary at any time, finnish payment history information to credit reporting agencies, and release to prospective assignees of this Agreement or any tights herewift credit - related infcrmation Xerox has about you and this Agreement 4. BASIC SERVICES. As a mandatory part of a lase, Xerox (or a designated servicer) will provide the following Basic Services ander this Agreement (unless you are acquiring Equipment for which Xerox does not offer Basic Services: such Equipment to be designated as "No Svc."): A REPAIRS & PARTS. Xerox will make repairs and adjustments necessary to keep Equipment in good working order (including such repans or adjustments required during initial installation). Parts required for repair may be new, reprocessed, or recovered. B. HOURS & EXCLUSIONS. Unless otherwise stated, Basic Services will be provided during Xerox s standard working hours (excluding Xerox -recognized holidays) in areas within the United States, its territories, and possessions open for repair service for the Equipment at issue. You agree to give Xerox reasonable access to the Equipment Basic Services shall cover repairs and adjustments required as a result of normal war and tear or defects in materials or workmanship (and Shan exclude repairs or adjustments Xerox determines to relate to or be affected by the use of options, accessories, or other connected products not serviced by Xerox, as well as any non -Xerox alterations, relocation, servim supplies, Or consumables). You agree to use Equipment in accordance with, arid to pcuform all operator maintenance procedures for Equipment as sex forth in, the applicable manuals provided by Xerox. C. INSTALLATION SITE & METER READINGS. The Equipment installation site must conform to Xerox's published requirements throughout the tern of this Agreement If applicable, you agree to provide meter readings in the manner prescribed by Xerox. If you do not provide Xerox with meter readings as required, Xerox may estimate them and bill you accordingly. D. EQUIPMENT REPLACEMENT. if Xerox is unable to maintain the Equipment as described above, Xerox will, as your exclusive remedy for Xerox's failure to provide Basic Services, replace the Equipment with an identical product or, at Xerox's option, another product of equal or greater capabilities. If a replacement product is provided pursuant to this Section, there will not be an additional charge for the replacement product and, except as set forth in the section of this Agreement titled "MAINTENANCE COMPONENT PRICE INCREASES", there will not be an additional charge for Basic Services during the then -current term during which Basic Services arra being provided. R CARTRIDGE PRODUCTS. If Xerox is providing Basic Services for Equipment u dlizirrg cartridges designated by Xerox as customer replaceable units, including copy/print cartridges and xerographic modules or fuser modules ("Carnidges"), you agree to use only ummodified Cartridges purchased directly from Xerox or its authorized resellers in die United States and the failure to use such Cartridges shall void any warranty applicable to such Equipment F. PC/WORKSTATION REQUIREMENTS. In order to receive Basic Services and/or Software Support for Equipment requiring connection to a PC or workstation, you must utilize a PC or workstation that either (1) has been provided by Xerox or (2) mats Xerox's published specifications. G. DELIVERY AND REMOVAL. Xerox will be responsible for all standard delivery and removal charges. You will be responsible for any non-standard delivery or removal charges incurred. S. WARRANTY DISCLAIMER & WAIVERS. XEROX DISCLAIMS, AND YOU WAIVE, 111E IMPLIED WARRANTIES OF NON INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. The parties intend this Agreement to be a "finance lease" under Article 2A of the Uniform Commercial Code. Except to the extent expressly provided, herein and to the extent permitted by applicable law, you waive all rights and remedies conferred upon a lessee by said Article. 6. INTELLECTUAL PROPERTY INDEMNITY. Xerox, at its expense, will defend you from, and pay any settlement agreed to by Xerox or any final judgment for, any claim that a Xerox -brand Product infringes a third party's U.S. intellectual property rights, provided you promptly notify Xerox of the alleged infringement and permit Xerox to direct the defense. Xerox is not responsible for any non -Xerox litigation expenses or settlements unless it preapproves them in wilting. To avoid infringement, Xerox may modify or substitute an equivalent Xerox brand Product, refund the price paid for the Xerox -brand Product (less the reasonable rental value for the period it was available to you), or obtain any necessary licenses. Xerox is not liable for any infringement -related liabilities outside the scope of this Section including, but not limited to, infringement based upon a Xerox brand Product being modified to your specifications or being used or sold with products not provided by Xerox. 7. 1JMffATION OF LIABUM. Xerox shall not be liable to you for any direct damages in excess of $10,000 or the amounts paid hereunder, whichever is greater, and neither party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to this Agreement, whether the claim alleges tortious conduct (including negligence) or any other legal theory. The above -stated limitation of liability shall not be applicable to any specific indemnification obligations set forth in this Agreement Any action you take against Xerox must be commenced within two (2) years atter the event that caused it s. ASSIGNMENT. A. If you wish to assign any rights or obligations under this Agreement, you shall provide a written notice to Xerox of such request for cansenk with said notice including the name of the proposed assignee. Your request to assign this Agreement win be granted by Xerox if: (1) you are not in default under this Agreement or any other agreement with Xerox; (2) the proposed assignee agrees to the section of this Agreement titled "LEASE COMMENCEMENT, PAYMENT, TAXES & CREDIT HISTORY" as applicable to it, for the purposes of the proposed assignment~ (3) the proposed assignee meets Xerox's then cement credit criteria fun similar transactions as detained by Xerox in its sole discretion; and, (4) yon and the proposed assignee execute a writing, in a form acceptable to Xerox, conraming said assignment. Assignment by you requires the written consent of Xerox and may not be accomplished by operation of law. B. Xerox may assign this Agreement, in whole or in part, to a parent, subsidiary or affiliate of Xerox, or to a person or entity for the purposes of securitizing a pool of assets or as part of a third party financial transaction without prior notice to you; provided, however, any proposed assignment to a person or entity not identified previously in this sentience shall require your prior written consent. In the event of an assignment paltitted by the preceding sentence, Xerox, without notice to you, may release information it has about you related to this Agreement. Each successive assignee of Xerox shall have all of the rights but none of the obligations of Xerox hereunder. You shall contione to look to Xerox for performance of Xerox's obligations, including the provision of Basic Services, and you hereby waive and release any assignees of Xerox fiom any such claim relating to or arising from the performance of Xerox's obligations hereunder. You shall not assert any defense, counterclaim or setoff that yon may have or claim against Xerox against Xerox Farm# 51860t&c (05/2005) 4/30/2007 Page 2 0f 6 any assignees of Xerox. In the event of an assignment by Xerox, you shall remit payments due in accordance with remittance instructions of the asdgu- 9. MINIMUM LEASE PAYMENTS. Each Minimum Lease Payment (which may be billed on more than one invoice) includes a Periodic Base Charge, and may include a Periodic Minimum Number of Prints. The Minimum Lease Payments, along with any additional Picot Charges for prints made in excess of the Minimwn Number of Prints, cover your cost for the use of the Equipment and its maintenance (provided as Basic Services). 10. MAINTENANCE COMPONENT PRICE INCREASES. Xerox may annually increase that amount of the Mmittu rn Lease Payment and Print Charges you are charged for maintenance of the Equipment (the "Maintenance Componem"), each such increase not to exceed 10%. (For state and local government customers, this adjustrnent shall take place at the commencement of each of your annual contract cycles.) 11. T1TLE, RISK & RELOCATION. Title to the Equipment shall remain with Xerox until you exercise your option to purchase it Until you exercise your option to purchase the Equipment, you agree that (a) it shall remain personal property; (b) you will not attach any of it as a fixture to any real estate; (c) you will not pledge, sub -lease or part with possession of it or file or permit to be filed any lien against it; and, (d) you will not make any permanent alterations to it The risk of loss due to your fault or negligence, as well as theft, fine or disappearance, shall pass to you upon shipment from a Xerox controlled facility. The risk of loss due to all other causes shall remain with Xerox unless and until you exercise your option to purchase the Equipment Until title passes to you, all Equipment relocations must be arranged (or approved in advance) by Xerox and shall be at your expense. While Equipment is being relocated, you are responsible for all payments required to Xerox under this Agreement. Equipment cannot be relocated outside of the United States, its territories or possessions until you have exercised the Purchase Option indicated in this Agreement if you acquire title to the Equipment, you must comply with all applicable laws and regulations regarding the export of any commodity, technology and/or software. All parts/materials replaced, including as part of an upgrade, will become Xerox's property. 12. DEFAULT & REMEDIES; LATE CHARGES & COLLECTION COSTS. A. For any payment not received by Xerox within ten (10) days of the due date as set forth herein, Xerox may charge, and you agree to pay, a late charge equal to the higher of five percent (5%) of the amount due or $25 (not to exceed the maximum amount permitted by law) as reasonable collection costs. B. You will be in default under this Agreement if (1) Xerox does not receive any payment within fifteen (15) days after the date it is due or (2) if you breach any other obligation hereunder. If you default, Xerox, in addition m its other remedies (including the cessation of Basic Services), may require immediate payment, as liquidated damages for loss of bargain and not as a penalty, of (a) all amounts then due, plus interest on all amounts due from the due date until paid at the rate of one and one-half percent (1.55x) per month (not to exceed the maximum amouunt permitted by law); (b) the remaining Minimum Lease Payments in due Agreement's term less any unearned finance, maintenance, and supply charges (as reflected on the lessor's books and records); (c) a reasonable disengagement fee calculated by Xerox that will not exceed fifteen percent (15%) of the amount in (b) above (said amount is available from Xerox upon request); and (d) all applicable Taxes. You also shall either (1) make the Equipment available for removal by Xerox when requested to do so by Xerox and, at the time of removal, the Equipment shall be in the same condition as when delivered (reasonable wear and tear excepted), together with any related software, or (2) purchase the Equipment "AS IS, WHERE IS" and WITHOUT ANY WARRANTY AS TO CONDITION OR VALUE by paying Xerox the Purchase Option and all applicable Taxa. Xerox's derision to waive or forgive a particular default shall not prevent Xerox from declaring any other default. In addition, if you default render this Agreement, you agree to pay all of the costs Xerox incurs to enforce its rights against you, including reasonable attorneys' fess and actual costs. 13. CARTRIDGES. Cartridges packed with Equipment and replacement Cartridges may be new, remanufactured or reprocessed. Remanufact rW and reprocessed Cartridges meet Xerox'a new Cartridge performance standards and contain new and/or reprocessed components. To enhance prim quality, the Cartridge(s) for many models of Equipment have been designed to cease functioning at a predetermined point. In addition, many Equipment models are designed to function only with Cartridges that ane newly manufactured original Xerox Cartridges or with Cartridges intended for use in the U.S. Equipment configuration that permits use of non -newly manufactured original Xerox Cartridges may be available from Xerox at an additional charge. Cartridges sold as Environmental Partnership ("EP") Cartridges remain the property of Xerox_ You agree that you shall return all EP Cartridges and may return other Cartridges to Xerox, at Xerox's expense when using Xerox -supplied shipping labels, for remanufacturing once such Cartridges cease functioning. 14. EQUIPMENT STATUS. Unless you are acquiring Previously Installed Equipment, Equipment will be either (a) `Newly Manufacuared', which may contain some recycled components that are reconditioned; (b) "Factory Produced New Moder', which is manufactured and newly serialized at a Xerox factory, adds functions and features to a product previously disassembled to a Xerox predetermined standard, and contains both new components and recycled components that are reconditioned; or, (c) `Remanufactured", which has been factory produced following disassembly to a Xerox predetermined standard and contains both new components and recycled components that are reconditioned. 15. LEASE OPTIONS. The following options are available for Equipment subject to this Agreement A. PURCHASE OPTION. If not in default, you may purchase the Equipment, "AS IS, WHERE -IS" and WITHOUT ANY WARRANTY AS TO CONDITION OR VALUE: (i) at the end of the lease term for the Purchase Option indicated on the face of this Agreement (Le. either a set dollar amount or the Fair Market Value of the Equipment at the lease term's conclusion ['T7VIV" ]), plus all applicable Taxes, or (ii) any time during the lease terns by paying: (1) all amounts then due; (2) the remaining Minimum Lease Payments in the Agreement's trim las any unearned finance, maintenance, and supply charges (as reflected on the lessor's books and records); (3) a reasonable disengagement fee calculated by Xerox that will not exceed fifteen percent (15%) of the amount in (2) above (said amount is available from Xerox upon request); (4) the applicable Purchase Option; and (5) all applicable Taxes. B. RENEWAL. Unless either party provides notice at least thirty (30) days before the end of the lease term of its intention not to renew this Agreement, it will be renewed automatically on a month-to-month basis at the same price, terms and conditions and billing frequency as the original Agreement Taring this renewal period, either party may terminate this Agreement upon at least thirty (30) days notice. C. LEASE TERMINATION. Upon termination pursuant to B. above, and if you have not purchased the Equipment, you shall make the Equipment available for removal by Xerox when requested to do so by Xerox and, at the time of removal, the Equipment shall be in the same condition as when delivered (reasonable wear and tear excepted), together with any related software. 16. PROTECTION OF XEROX'S RIGHTS. You hereby authorize Xerox or its agents to file, by any permissible meaus, financing statements necessary to protect Xerox's rights as the Equipment Lessor. Xerox, on your behalf and at your expense, may take any action required to be taken by you under this Agreement tbat you fail to take. 17. REPRESENTATIONS, WARRANTIES & COVENANTS. Each party represents that, as of the date of this Agreement, it has the lawful power and authority to enter into this Agreement, the individuals signing this Agreement are duly authorized to do so on its behalf and, by entering this Agreement it will not violate any law or other agreement to which it is a patty. You are not aware of anything that will have a material negative effect on your ability to satisfy your payment obligations under this Agreement and all financial information you have provided, or will provide, to Xerox is true and accurate and provides a good representation of your financial condition. Each party agrees that it will promptly notify the other party in writing of a change in ownership, if it relocates its principal place of business or changes the name of its business. 18. NOTICES. Notices must be in writing and will be deemed given five (5) days atter mailing, or two (2) days after sending by nationally recognized overnight courier, to the other party's business address, or to such other address designated by either party to the other by written notice given pursuant to this sentence. The tam "business add=C shall mean, for you, the "Bid to" address listed on the first page of this Agreement and, for Xerox, our inquiry address set forth on the most recent invoice to you. 19. FORCE MAJEURE. Xerox shall not be liable to you during any period in which its performance is delayed or prevented, in whole or in part, by a circumstance beyond its reasonable control, which circumstances include, but are not limited to, the following: act of God (e.g.. flood, earthquake, wind); fire; war, act of a public enemy or terrorist; act of sabotage: strike or other labor dispute; riot; misadventure of the sea; inability to secure materials and / or transportation; or, a restriction imposed by legislation, an order or a rule or regulation of a governmental entity. If such a circumstance occurs. Xerox shall undertake reasonable action to notify you of the same. 20. MISCELLANEOUS. This Agreement constitutes the entire agreement as to its subject matter, supersedes all prior and contemporaneous oral and written agreements, and shall be construed under the laws of the State of New York (without regard to conflict -of -law principles). You agree to the jurisdiction and ventre of the federal and state courts in Monroe County, New York. In any action to enforce this Agreement, the parties agree to waive their right to a jury trial. If a Xerox Form# 51860t&c (05/2005) 4/30/2007 Page 3 of 6 • court fords any terns of this Agreement to be uneafmccable., fire remaining terms of this Agreement shall remain in effect. Both parties may retain a reproduction (e -g., electronic image, * photocopy, facsimile) of this Agreement which shall be admissible in any action to enforce it, but only the Agreement held by Xerox shall be considered an original. Xerox may accept this Agreement either by its authorized signature or by commencing performance (e.g., Equipment delivery, initiating Basic Services, etc.). All changes to this Agreement must be made in a writing signed by both parties; accordingly, any terms on your ordering documents shall be of no force or effect. The following four sentences control over every other part of this Agreement and over all other documents now or later pertaining to this Agreement. We both intend to comply with applicable laws. In no event will Xerox charge or collect any amounts in excess of those allowed by applicable law. Any part of this Agreement that would, but for this Section, be read under any circumstances to allow for a charge higher than that allowed under any applicable legal limit, is limited and modified by this Section to limit the amounts chargeable under this Agreement to the maximum amount allowed under the legal limit If, in any circumstances, any amount in excess of that allowed by law is charged or received, any such charge will be deemed limited by the amount legally allowed and any amount received by Xerox in excess of that legally allowed will be applied by us to the payment of amounts legally owed tarda this Agreement, or refunded to YOU. sonwARE TAMS: The following additional term apply only to transactions covering Application Software and/or Xerox -brand Equipment: 21, sonwARE z1cENsF- The following terms apply to copyrighted software and the accompanying documentation, including, but not limited to, operating system software, provided with or within the Xerox -brand F.guipment acquired bereunder ("Base Software") as well as software specifically set out as "Application Software' on the face of this Agreement This license does not apply to any Diagnostic Software or to any software / documentation accompanied by a chckwrap or sbnnkwrap license agreement or otherwise made subject to a separate license agreement A. Xerox grants you a non-exclusive, non -transferable license to use the Base Software within the United States, its territories, and possessions (the "United States") only on or with the Equipment with which (or within which) it was delivered. For Application Software, Xerox grants you a non-exclusive, non- transferable license to use this software within the United States on any single unit of equipment for as long as you are current in the payment of any indicated software license fees (including any Annual Renewal Fen). You have no other rights to the Base or Application Software and, is particular, may not: (1) distribute, copy, modify, create derivatives of, decompile, or reverse engineer this software; (2) activate any software delivered with or within the Equipment in an unactivated state; or, (3) allow others to engage in same- Title to the Bare and Application Software and all copyrights and other intellectual property rights in it shall at all times reside solely with Xerox and/or its licensors (who shall be considered third -patty beneficiaries of this Agreement's software and limitation of liability provisions). Base and Application Software may contain, or be modified to contain, computer code capable of automatically disabling proper operation or functioning of the Equipment Such disabling code may be activated if: (a) Xerox is denied reasonable access to the Base or Application Software to periodically reset such code; (b) you are notified of a default under any team of this Agreement; or, (e) your license is terminated or expires. B. Xerox may terminate your license for any Base Software (1) immediately if you no longer use or possess the Equipment or are a lessor of the Equipment aad your first lessee no longer uses or possesses it. or (2) upon the termination of any agreement under which you have rented or leased the Equipment C. If you transfer possession of the Equipment after you obtain title to it, Xerox will offer the transferee a license to use the Base Software within the United States on or with it, subject to Xerox's then -applicable tams and license fees, if any. and provided the transfer is not in violation of Xerox's rights. D. Xerox warrants that the Base and Application Software will perform in material conformity with its user documentation for a ninety (90) day period from the date it IS delivered or, for software installed by Xerox, the date of software installation. Neither Xerox nor its licensors warrant that the Base or Application Software will be free from errors or that its operation will be uninten upted. 22. SOFTWARE SUPPORT. During the period that Xerox (or a designated servicer) provides Basic Services for the Equipment but in no event longer than five (5) years after Xerox stops taking orders from customers for their acquisition of the subject model of Equipment, Xerox (or a designated servicer) will also provide software support for the Base Software under the following terms. For Application Software licensed pursuant to this Agreement. Xerox will provide software support under the following terms provided you are current in the payment of all htitial License and Annual Renewal Fees (or, for programs not regttnmg Annual Renewal Fees, the payment of rine btitial License Fee and the —%at "Support Only" Fees). C� A. Xerox will assure that Base and Application Software performs in material confeamity with its user documentation and will maintain a toll-free hotline during standard business hours to answer related questions. B. Xerox may make available new releases of the Base or Application Software that primarily incorporate coding error fixes and are designated as "Maintenance Releases". Maintenance Releases are provided at no charge and must be implemented within six (6) months after being made available to you. Each new Maintenance Release shall be considered Base or Application Software governed by these Software Teams. New releases of the Base or Application Software that are not Maintenance Releases, if any, may be subject to additional license fees at Xerox's then -current pricing and shall be considered Base or Application Software governed by these Software Terms (unless otherwise noted). Xerox will not be in breach of its software support obligatious hereunder if, in order to implement, in whole or in pert, a new release of Base or Application Software provided or made available to you by Xerox, you must procure, at your expense, additional hardware and/or software from Xerox or any other entity. You agree to return or destroy all prior releases. C. Xerox will use reasonable efforts, either directly and/or with its vendors, to resolve coding errors or provide workarounds or patches, provided you report problems as specified by Xerox. D. Xerox shall not be obligated (1) to support any Base or Application Software- that oftwarethat is two or more releases older than Xerox's most current release or (2) to remedy coding enoas if you have modified the Base or Application Software. E. For Application Software, Xerox may annually increase the Annual renewal and Support -Only Fees, each such increase not to exceed I M. (For state and local - government cusun hers, this adjustment shall take place at the commencement of each of your amoral contract cycles.) 23: DIAGNOSTIC SOFTWARE. Software used to maintain the Equipment and/or diagnose its failures or substandard performance (collectively "Diagnostic Software) is embedded m, resides on, or may be loaded onto the Equipment The Diagnostic Software and method of entry or access to it constitute valuable trade secrets of Xerox. Title to the Diagnostic Software shall at all times remain solely with Xerox and/or Xerox's licensors. You agree that (a) your acquisition of the Equipment does not gram you a license or right to use the Diagnostic Software in any manna, and (b) that taxless separately licensed by Xerox to do so, you will not use, reproduce, distribute, or disclose the Diagnostic Software for any purpose (or allow third parties to do so). You agree at all times (including subsequent to the expiration of this Agreement) to allow Xerox to access. monitor, and otherwise take steps to prevent unauthorized use or reproduction of the Diagnostic Software. GOVERNMEM CUSTOMER TERMS: The following additional terms apply only to lease transactions with state and local government customers: 24. REPRESENTATIONS & WARRANTIES, FUNDING, TAX TREATMENT & PAYMENT. A. REPRESENTATIONS & WARRANTIES- You hereby represent and warrant, as of the date of this Agrexment, that: (1) you are a State or a fully constituted political subdivision or agency of the State in which you are located and are authorized to enter into, and carry out, your obligations under this Agreement and any other documents required to be delivered in connection with the Agreement (collectively, the "Documents"); (2) the Documents have been duly authorized, executed and delivered by you in accordance with all applicable laws, rules, ordinances and regulations (mcladmg, but not limited to, all applicable laws governing open meetings, public bidding and appropriations requited m connection with this Agreement and the acquisition of the Egmpn=) and are valid, legal, binding agreements, enforceable in accordance with their terms and the person(s) signing the Documents have the authority to do so, are acting with the full authorization of your governing body and hold the offices indicated below their signatures, each of which are genuine; (3) the Equipment is essential to the immediate performance of a governmental or proprietary function by you within the scope of your authority and shall be used during the lease term only by you and only to perform such function; and, (4) your obligations to remit payments under this Agoreement constitute a cement expense and not a debt under applicable state law and no provision of this Agreement constitutes a pledge of your tax or general revenues and any provision that is so construed by a court of competent jurisdiction is void from the inception of this Agreement B. FUNDING. You represent and warrant that all payments due and to become due during your current fiscal year are within the fiscal budget of such year and are included within an unrestricted and unencumbered appropriation currently available for the lease1purrhase of the Equipment, and that it is your intent to use the Equipment for the entire lease team and to make all payments required under this Agreement In the event that (1) through no action initiated by you your legislative body does not appropriate fiords for the continuation of this Agreement for any fiscal year after the first fiscal year and has no funds to do so from other sources, and (2) you have made a reasonable but unsuccessful effort to find a creditworthy Xerox Form# 51860t&c (05/2005) 4/30/2007 page 4 of 6 0 assignee acceptable to Xerox in its sole discretion within your general organization who can continue this Agreement, this Agreement may be terminated. To effect this termination, you shall, thirty (30) days prior to the beginning of the fiscal year for which your legislative body does not appropriate funds for such upcoming fiscal year, send Xerox written notice stating that your legislative body failed to appropriate funds and that you have made the required effort to ford an assignee. Your notice must be accompanied by payment of all sums then owed through the current year to Xerox under this Agreement and most certify that the canceled Equipment is not being replaced by equipment performing similar functions during the ensuing fiscal year. In addition, you agree at your expense to return the Equipment in good condition to a location designated by Xerox and that, when returned, the Equipment will be free of all limn; and encumbrances. You will then be released from your obligations to make any further payments to Xerox beyond those due for the current fiscal year (with Xerox retaining all sums paid to date). C. TAX TREATMENT. This Agreement has been accepted on the basis of your representation that Xerox may claim any interest paid by you as exempt from federal income tax under Section 103(c) of the Code You agree to comply with the information reporting requirements of Section 149(e) of the Code. Such compliance shall include, but not be limited to, the execution of 8038-0 or 8038 -GC Information Returns. You hereby appoint Xerox as your agent to maintain, and Xerox agrees to maintain, or cause to be maintained, a complete and accurate record of all assignments of this Agreement in form sufficient to comply with the book entry requirements of Section 149(a) of the Code and the regulations prescribed thereunder from time to time. Should Xerox lose the benefit of this exemption as a result of your failure to comply with or be covered by Section 103(c) or its regulations, then, subject to the availability of finds and upon demand by Xerox, you shall pay Xerox an amount equal to its loss in this regard. At the time of execution of this Agreement, you shall provide Xerox with a properly prepared and executed copy of US Treasury Form 8038 or 8038 -GC. D. PAYMENT. Your payment is due within thirty (30) days of our invoice date. ADDITIONAL 'TERMS: The following additional terms apply only to the extent that you have agreed to one or more of the options described below: 25. CONSUMABLE SUPPLIES INCLUDED IN BASEIPRINT CHARGES. If this option has been selected, Xerox (or a designated servicer) will provide you with black toner (excluding highlight color toner), black developer, copy Cartridges, and, if applicable, fuser ("Consumable Supplies'l throughout the term of this Agreement. For full-color Equipment, Consumable Supplies shall also include, as applicable, color toner and developer. You agree that the Consumable Supplies are )(erox's property until used by you, that you will use them only with the Fsquip�t, that you will return all Cartridges to Xerox for remanufacturing once they have been run to their cease -function point (at Xerox's expense when using Xerox - supplied shipping labels), and that at the and of the term of this Agreement either (a) you will return any unused Consumable Supplies to Xerox (at Xerox's expense when using Xerox -supplied shipping labels)or (b) destroy them in a manner permitted by applicable law. Should your use of Consumable Supplies exceed Xerox's published yields for these items by more than 10%, you agree that Xerox shall have the right to charge you for any such excess usage. When requested by Xerox, you agree to provide meter readings and inventory of Consumable Supplies in your possession. 26. REPLACEMENT / MODIFICATION OF PRIOR XEROX AGREEMENT. If this option has been selected, this Agreement will replace or modify a prior agreement between you and Xerox covering the specified equipment If it is a replacement agreement, the prior agreement shall he null and void If it is a modification, the prior agreement shall remain in effect except that any terms presented in this modification agreement that conflict with, or are additive to, any of the terms in the prior agreement shall take precedence over the terms in the prior agreement for the balance of the Agreement. In addition, modifications requiring a reamorustion of your payments may include a one-time administrative/pmcessmg charge that will appear on your first bill under this revised arrangement 27. X13ROX AS FINANCIAL INTERMEDIARY. If this option bas been selected, you are leasing specifically identified products that were selected by you and that are not sold by Xerox in the normal course of its business. If you have signed a purchase contract for such products, by signing this Agreement you assign your rights but none of your obligations under such purchase contract to Xerox. With regard to these products, you agree that Xerox is leasing them to you "AS IS, WHERE IS" and that XEROX HAS. NOT MADE, AND YOU HEREBY WAIVE, ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NON -INFRINGEMENT, and (b) ANY REPRESENTATION OR WARRANTY REGARDING THE PRODUCTS' SUITABILITY, DESIGN, CONDITION, DURABILITY, OPERATION, QUALITY OF MATERIALS OR WORKMANSHIP, OR COMPLIANCE WITH SPECIFICATIONS OR APPLICABLY LAW. Xerox assigns to you, to the extent assignable, any warranty Xerox Form# 51860t&c (05/2005) • rights it has to time products (which rights shall revert to Xerox if you breach this Agreement). You agree (1) that these products are not covered by Xerox's obligation to provide Basic Services; (2) to maintain a service agreement for these products with a service provider acceptable to Xerox throughout this Agreement's term; (3) to pay all personal property taxes related to these products; and (4) to assign to Xerox any rights you have to these products until title passes fxom Xerox to you (which, subject to any software licenses surrounding the acquisition of these products, shall occur when you obtain title to all Xerox -brand Equipment covered by this Agreement). 28. FINANCED SOFTWARE TOTAL. If this option has been selected, the initial license fees for any Application Software set forth in tris Agreement shall be paid for through your Minimum lease Payments. If you breach this license or any of your obligations regarding the Equipment, the full amount of the initial license fees shall be immediately due and payable. 29. FINANCED SUPPLIES TOTAL. V this option has been selected, the cost of any supplies you have purchased under this Agreement shall be paid for through your Minimum Lease Payments. If you breach any of your obligations regarding the Equipment, the fall amount of the supply casts shall become immediately due and payable. 30, REFINANCE OF PRIOR AGREEMENT. If this option has been selected, the balance of your prior indicated agreement with Xerox or a third party shall be paid for through your Minimum Lease Payments. If your prior agreement is with a third party, you hereby acknowledge that you have the right to temomate the agreement and agree to provide a statement from the third -party identifying the equipment at issue and the amount to be paid off (as well as a statement from you identifying the payee and mailing address for your payoff check). If your prior agreement was with Xerox, the use of this refinance option shall render your prior agreement null and void N you breach this Agreement, the full amount of your prior agreement balance shall be immediately due and payable. 31. ADJUSTMENT PERIOD. If this option has been selected, your Minimum Lease Payment and/or Print Charges shall be adjusted in accordance with the information contained in the Adjustment Period portion of this Agreement; as a result, your initial payment(s) shall be different from those payable during the balance of this Agreement. 32. X-16 BILLING SUSPENSION. If this option has been selected, the Maintenance Component of your Mmmmum Lease Payment and Print Charges will be suspended each year during the months indicated. During Luse montes, you agree that you will not use the Equipment and that Xerox shall not be responsible for providing Basic Services on it If Xerox provides Basic Services during the K- 16 16 Billing Suspension period, you will be billed at Xerox's then -current Time and Materials ('"r&M'j ram for such Basic Services. 33. TRADE-IN EQUIPMENT. If this option has been selected, you are providing equipment to Xerox as part of this Agreement (`"Trade -In Equipment") and the following shall apply: A TITLE TRANSFER. You warrant that you have the right to transfer title to the Trade In Equipment and that it has been installed and pedblulimg its Intruded function. Trite and risk of loss to the Trade -In Equipment shall pass to Xerox when Xerox removes it from your premises. B. CONDITION. You warrant that the Trade -In Equipment is m good working order, has not been modified from its original configuration (other than by Xerox), and has a UL label attached. You agree to maintain the Trade -In Equipment at its present site and in substantially its present condition until removed by Xerox. C. ACCRUED CHARGES. You agree to pay all accrued charges for the Trade-kn Equipment (up to and including payment of the Final Principal Payment Number) and to pay all mance, administrative, supply and finance charges for this equipment through the date title passes to Xerox. 34. RUN LENGTH PLAN. If this option has been sdected, the first ten prima of each original (per ran) are recorded and billed on both meters with all subsequent prints recorded and billed on Meter A only. 35. FIXED PRICE PLAN. If tris option has been selected, Xerox will forego its right to increase the Maintenance Component throughout the initial term of this Agriment 36. PER -FOOT PRICING. If this option has been selected, all Print Charges will be mlled on a per -foot basis. with each linear or square foot, as applicable, equal to one priaL 37. EXTENDED SERVICE HOURS. If this option has been selected, Xerox will provide Basic Services during the lams indicated, with the first member establishing the number of eight-hour shifts covered and the second establishing the days of the week (e.g., 2 x 6 would provide service from 8:00 A.M. to 11:59 P.M., Monday through Saturday). The cost of this enhanced service coverage will be 4/30/2007 Page 5 of 6 0 • billed separately and, as such, is not included in your Minimum Lease Payment or Print Charges. 38. ATTACHED ADDENDA. If this option has been selected, you acknowledge that one or more specified addenda (as indicated) have been provided to you. These addenda, which provide additional tams relevant to the Waisactions covered hereunder, are hereby fully integrated into this Agreement 39, NEGOTTATED CONTRACT. If this option has been selected, the Products identified in this Agreement are subject solely to the terms contained in (a) either (1) the identified Negotiated Contract for a lease transaction or (2) if there are no such terms in the Negotiated Contract, the terms set forth in this Agreement, and, if applicable and notwithstanding anything to the contrary set forth in the Negotiated Contract, (b) the "Additional Tams" portion of this Agreement for the selected option or options to the extent the subject matter of any such selected option is not addressed in the Negotiated Contract. 40. DSA CONTRACT NUMBER. if a DSA Contract Number hes been inserted, the Equipment and/or software identified in this Agreement are associated with the Services being provided under the referenced Document Services Agreement ("DSA"), but such Equipment and/or software ate subject solely to the terms contained in this Agreement. For customer support tools to manage your account online, visit your Account Management link 0 www.xerox.com, Xerox Form# 51860t&c (05/2005) 4/30/2007 Page 6 of 6 0 ! Davisco Inc. 1111 South orchard, Suite 150 Boise, Idaho 83705 Phone: 208.384.5954 * Fax: 208.384.5788 Please deliver to: Name: � From: M, JA4 balnL—� Company: Date: Lo- 13 • z e a - Fax: �'Z- 9 / 3 Pages: Z Subject: 1.���,�j i,►1J(J11�0 ,n���n� I�AG N)oAc Message: Did you know? In 2006, Davisco Inc. celebrates 20 years of delivering Xerox document solutions and local, personal service to Its clients. By focusing on customer satisfaction, Davisco Inc. has grown from a single office In 1986 to now cover the largest geographic area of any Xerox sales agency in the United States. XERUA 0 0 Will Ber From: Michelle Barsness [mbarsness@daviscoinc.coml Sent: Wednesday, June 13, 2007 2:35 PM To: Will Berg Cc: Keith Watts Subject: WCP3545 addendum Attachments: merid001.PDF; AVG certification_.bd merid001.PDF (73 -AVG KB) tification-.txt (455 t Will and/or Keith: I hope the meeting you are attending is going well, How's the weather North? I have good news about the color machine for the Water dept. It is going to be upgraded to the new model 7345. Same speed but more features. The wcp3545 trays are not available so Xerox has to offer you the new model for the same cost. Please see attached document. I need to have the Mayor sign and have this faxed back. If you can do this today or before you get back to the office Monday I can have the color machine delivered the last week of June with the wcp5050 that is scheduled for the location as well. Thank you, Michelle Barsness Agent Specialist Davisco Inc. Xerox Sales Agent 208/384-5954 208/384-5788 fax 1 Jun -13-2007 02:30pm From-DAVISCO 8016 2083846788 0 T-280 P-002/002 F-636 AppEMpUM TO LEASE ACRE 1f�EAIr THIS ADDENDUM TO LEASE AGREEMENT ("Addendum") is entered as of��2007 by and between City of Meridian ("Customer" or "you") and Xerox Corporation VXerox") and amends the Lease Agreement (c=orm 51860 (05/2005)) ("Agreement") between the parties, which said Agreement was executed by Customer on .,— , 200 - WHEREAS, Customer and Xerox desire to modify the Agreement. NOW, THEREFORE, in consideration of the foregoing and the mutual promises hereinafter set forth, the parties hereto agree as follows: 1. The Agreement is amended as follows: A. After the first sentence of Section 1 of the Agreement, which said sentence begins "The term Products" shall..,", the following shall be inserted: "Notwithstanding anything to the contrary set forth in this Agreement, Xerox will deliver a Xerox WorkCentre 7345 device ("Substitute Equipment') In place of the Xerox CopyCentre 3545 device or Xerox WorkCentre Pro 3545 device, whichever Is applicable, ("Ordered Equipment") referenced on the coversheet hereof and all of the information set forth on said coversheet, as well as the terms and conditions of this Agreement, applicable to the Ordered Equipment shall be applicable to the Substitute Equipment. In the Agreement, Substitute Equipment is referred to as Equipment." 2. Except as specified herein, the Agreement shall remain as stated. If there is a conflict between the contents of the Agreement and this Addendum, this Addendum shall control. IN WITNESS WHEREOF, duly authorized representatives of Customer and Xerox have executed this Addendum. City of Meridian XEROX CORPORATION By: Name: fi nn ro.�4- Tibe: As j . a Date: FOR XeRoX INTERNAL USE ONLY: xerox Order No.: By: Name: Title: Date: Xerox WC n45 devlee substituted for Xsrox CC 360 deM09 or Xerox WCP 3545 device - 5105 Lease Agmt Jun -13-2007 02:30pm From-DAVISCO B01; 6 2083845788 T-280 P.001/002 F-538 1111 South Qmhard, Suite 150 Bolse, Idaho 83705 Phone: 208.384.5954 • F= 208.384.57>Et8 Please deliver to: `CcICCtY Nancfrom: Company: A'� . Date: to • 13-2!2t)-? Fax9 /a Pages: ;Subject: 0 i AGREM Tie ADDFJrIDt M TO LEASE AGS (°Addendumy Is entered as of MW by and between city Of Meridian ("Cummer or WO and )(emK Corporatlan (°Xemo and amends the Lease Agreement {Form 51. (MMM) rAgreemenn between the Wdes, wh>ch ald Agreement was executed by Customer on ?DQS Wim, CLmlornar and Xerox desire to modify the Agreement. NOW, Tt ORE, In consideration of the foregoing and the mutual promises herefnafter set forth, the parties hereto agree as foDowe: 1. The Agreement Is amended as follow. A. Atter the first Sentence of Section 1 of the Agreement. which said sanwnce begins "The tum °Prod° Shari.. the fallowing shall be inserted: °Notwithaiandhng anything th the conbary ad fit In this Agreement, Xermc will deriver a Xerox Wo*Cetrtre 7345 device r"5ubstkute Egcripmeni7 In place Of the Xerooc CoMCentre 3545 device or Xerox WorkCwM Pro 3545 device, whWover is appkable, (00rdered Equiprnentj references' on the oovershe t hereof and ori of the limon mDM set forth on eakh coverftot, as wag as the terms and conditions of this Agreement, appilcabte to the Ordered Equipment shd be applicable to the Substitute Equipment. in the Agreement, Substitute Equipment Is referred to as EgcdpmenV 2 Except as specified herein, the Agreement shari remain as stag. If two Is a conflict bebvesn the contents of the Agreement and this Addendum, this Addendum shah controL IN WPfNESS WHEREOP, duly authorized rppreeenta5ves of Ccstmner and Xerox have exiarted this Addendum. , A r. Orr Date: I&MZ� FOR XEROX INTERNAL USE ONLY: X9tfox Older NO - )(a= WC 7345 devise admftftd tv)(W=CC 350 devimeof Xerox WCP 3545 dM409— WN Le AGO 0 LEASE AGREEMENT Full Legg Name Customer Name (BhYto) CITY OF MERIDIAN DBA/Name Overflow Street Address 3401 NO TERM MILL; Box#/Routing Strsoe>asion City, State MERIDIAN, ID Zip Code 83642-2600 Tax ID# x Customer Name (Install) CITY OF MERIDIAN DBA/Name Overflow (if req'd) W WTP Installed at Street Address 3401 N TEN MILE RD Floor/Room/Routing Omuta City, State MERIDIAN, ID Zip Code 83642-5409 County Installed In ada Custa rer'Requested lastfi Date 05115MM E RO,;+ Check all that apply ❑ AssceJCoop. Name: ®Negotiated Cont act #;071446703 ❑ DSA Contract #: - ❑Value Added Services: ❑ Attached Customer P.O. #s: Supplies: Lease: ® State or Local Government Customer Int Rate. % Total Int Pa le: $ Replacement/MoMeation of Prior Xerox Agreement Agreement coveting Xerox Equipment Serial# (or 95#): is hereby ❑ modified ❑ replaced Effective Date: C , • Lease Information Lease Term : 60morift ®Supplies included in Base/Priart Charges 13 Refire. of Prior Agrmt.:❑ Xerox (95#):13 3rd Party Eq. Amt Refire: $ Int Rate: % Total Int Payable: $ LRaBe ra L aruvrru+savm Purchase Dower Strsoe>asion Prey Fm'1 Min_ r �aoe Payment I Fres. Product (with serial number, if in place equipment) on Pa ❑ in= only a excluding excess m chuges) Install Int— monthly ❑Quarterly U E3 E 545 WO S45 FMV ❑ August only $ 5,000.00 ❑ Semi -Annual Omuta 1F 1 ADVFW 1 250 ❑ Other Moll C I SPCCNTRL ULF Cus Anal Lease Pavmeat 1) sole $ 473.29 : hMgnWM LEASE PAYMENT (excl. of applic. taxes) ❑Advance ❑ Arrears Price Information 0 Ad'ttstment Period Period B -Mos. Affected - Period A - Mos. Affected: - Q_-" rw........ a Periodic Base Charge Periodic Base Charge P y, a.&7 , .,..,A..,, --—.--e- Print Charge Meter 1: _ Print Charge Meter 1: Print Charge Meter 1: Prints 1 - + 0.0084 Prints 1 - Prints 1 - Prints - Prints - inn - Prints - P1°n Prints Print Charge Meter 2: Print Charge Meter 2: Print Charge Meter 2: + IS 0.0890 Prints 1 - Prints 1 - Prints - Prints - irinm -iw Periodic Min.# of Prints Periodic Mia.# of Prints Periodic Min.# (based oa Meter r I Prints (based on Meter 1 Print Charges) (basad on Meter 1 Print Charges) Print Charges) ❑ Parchasml S lies ❑ Cash ❑ Fina ❑ Application Softwg Retuder # Qty Description ce Software Title Total Price = Total Initial License Fees Total Allowance = Total Allowance Applied to: ®Thin Equip. Balance: 10price of Replcnmt Equip.: Agreement Presented By: Xerox 2081384-5954 s r r.on , araness Phone;(-, Namef.,v •^ FOR AUTHORIZED HQ INTERNAL USE ONLY: "" Accepted: _ Xemx Cormnation By: (Signarurr ojAudenri-ed Signer) Title• Daw: R'orkslieet. H24637 Unit: 2 4/10P2007 11:28:26 www.xerox.com License Fee Fee Additional Utrtions (check all that avn)yl ❑ Run Leagtb Plan ®Fixed Price Pian ❑ Per --Foot Pricing ❑ Extended Service Hours: Description: / $ 0 trio. ®Attached Addenda: 1 1 1 ❑ Other Addenda: Anth. Signer' Name: Tammy DeWeerd ase Prim Vie V Signanne: jnamr vrtzed Signe^ Auth. Signor Title: E -Mail: jlTiff ("M Mach_ Sales T= 19, - Av. Xerox Form# 51860 (05)2005) 4/30/200X77*Vvece i9 7v � ❑ IK -16 Billing Allowance Strsoe>asion (check 1 as requited) $ 5,000.00 Mouiln affected ❑ in= only ❑ July only $0005$ 0005 00 ❑ August only $ 5,000.00 ❑ i me, -July e ❑ my - August Agreement Presented By: Xerox 2081384-5954 s r r.on , araness Phone;(-, Namef.,v •^ FOR AUTHORIZED HQ INTERNAL USE ONLY: "" Accepted: _ Xemx Cormnation By: (Signarurr ojAudenri-ed Signer) Title• Daw: R'orkslieet. H24637 Unit: 2 4/10P2007 11:28:26 www.xerox.com License Fee Fee Additional Utrtions (check all that avn)yl ❑ Run Leagtb Plan ®Fixed Price Pian ❑ Per --Foot Pricing ❑ Extended Service Hours: Description: / $ 0 trio. ®Attached Addenda: 1 1 1 ❑ Other Addenda: Anth. Signer' Name: Tammy DeWeerd ase Prim Vie V Signanne: jnamr vrtzed Signe^ Auth. Signor Title: E -Mail: jlTiff ("M Mach_ Sales T= 19, - Av. Xerox Form# 51860 (05)2005) 4/30/200X77*Vvece i9 7v � LEASE AGREEMENT (ADDITIONAL PRonuers) Full Legal Name Customer Name (Bill to) CITY OF MERIDIAN DBA/Name Overflow Date of Customer Signature on Attached Agreement Customer Name (Install) CITY OF MERIDIAN DBA/Name Overflow (if req'd) WWTP Installed at Stream Address 3401 N TEN MILE RD FloadRocm/Routing City, State MERIDIAN, ID Zip Code 83642-5409 County installed In ads CustxwRequestedInsrallDate 05/15/ 00% (with serial number, if in place equipment) $ : M [NAWM LEASE PAYMENT (excl. of apPlic. taxes) Price Information ❑ Ad]usttne Perla Periodic Mm.# of Prints (based on Meter 1 Print Charges) Base Charge urge Meter 1: t_ / EROXu Check all that apply ❑ Attached Customer P.O. #s: Supplies: Lease: State or Local Government Customer Int Rate: % Total lot Payable: $ geplae mmVModificallon of Prior Xerox Agreement Agreement covering Xerox Equipment Serial# (or 954t): is haeby ❑ modified ❑ replaced Effective Date: Comments: Lean Information Lease Term • 60 months ®Supplies mchn:W m Base/Print Charges ❑ ReBa of Prior Agrmt :❑ Xerox (9-,q ❑ 3rd Party Eq. Amt Reim: $ Int Rate: % Total Int Payable: $ MLe -8 PavmwA Fres. Doan Prev I F l wAodir, esewing mew chn-) Egmetit install Interm ❑ Monthly ❑Quarterly ❑ Sahm Annual ❑Auuual ❑ Other Print Min Lease Payment Made ❑Advance ❑ Arrears UA— _Is Prints - P Prints i Prints - Print Charge Meter 2: Print Charge Mater Z: Prints 1 - $ Prints 1 - Prints - Prints - $ Periodic Min.# of Prints Periodic Min.# of Prints (based on Muter 1 Print Charges) (based on Meter 1 Print Charges) ❑ Trade-Im Allowutnce ❑ K-16 Billing Manufacturer Model/ Final I Allowance Susoenslon Serial # Printi al t#, (check 1 as required) Months affected 0 fume only ❑ July only Total Allowance = ❑ August only Total Allowance Applied to: ❑Trade -In Equip. Balance: 13Jlme - July ❑Pricx of Replcmnt Equip.: 13 July - August FOR AUP140WED HQ INTERNAL USE ONLY: Worgsbeet: Unit: WWW.xerox.com Addltiional UptlOns (check all trial 8t) M ❑ Rum Length Plan ❑ Fuzed Price Plan ❑ Per -Foot Pricing ❑ Extended Service Hours: Description: / $ Mo. ❑ Attached Addenda: Xerox Form# 51860-1 (05/2005) 4/3027 Page 2 of 7 • 0 additional charge for the replacement product and, except as set forth in the section GENERAL TERMS: The following terms apply to all lease transactions: of this Agreement titled "MAINTENANCE COMPONENT PRICE INCREASES", PRODUCT'S. The term "Products" shall refer collectively to all equipment (the there will not be an additional charge for Basic Services during the then-ciazent 1. „Equipment"), software, and supplies ordered under this Agreement, You represent that the Products are being ordered for your own business use (rather than resale) term during which Basic Services are being provided E. CARTRIDGE PRODUCTS. If Xerox is providing Basic Services for and that they will not be used for personal, household or family purposes. LASE THIS AGREEMENT IS A LEASE AND IT Equipment utilizing cartridges designated by Xerox as customer replaceable units, including copy/print cartridges and xerographic modules or fuses modules 2. NON -CANCELABLE CANNOT BE CANCELED OR TERMINATED EXCEPT AS MC PROVIDED HEREIN, AND YOUR OBLIGATION TO MAKE ALL PAYMENTS ("Carnidge„), y� agree m use only unmodified Lawes a purchased directly from Xerox or its authorized nesellas in the United States and the failure to use DUE OR TO BECOME DUE SHALL BE ABSOLUTE AND UNCONDITIONAL such Cartridges shall void any warranty applicable to such Equipment AND SHALL NOT BE SUBJECT TO ANY DELAY, REDUCTION, SET-OFF, F PC/WORKSTATION REQURtEMENTS. In order to receive Basic Services DEFENSE, COUNTERCLAIM OR RECOUPMENT FOR ANY REASON and/or Software Support for Equipment requiring connection to a PC or WHATSOEVER, IRMpEC1'IVB OF XEROX'S PERFORMANCE OF ITS workstation, you must utilize a PC or workstation that either (1) has been provided OBLIGATIONS HEREUNDER. ANY CLAIM AGAINST XEROX MAY BE by Xerox or (2) meets Xerox's published specifications. ASSERTED SOLELY AGAINST XEROX IN A SEPARATE ACTION. G. DELIVERY AND REMOVAL. Xerox will be responsible for all standard 3. LEASE COMMENCEMENT, PAYMENT, TAXES & CREDIT HISTORY. delivery and removal charges. you will be responsible far any non-standard A. The lease term for this Agreement shall commence upon installation of the delivery or removal charges incurred. FquipmenIz, Provides however, for customer -installable Equipment, the lease tens S. WARRANTY DISCLAIMER & WAIVERS. XEROX DISCLAIMS, AND for this Agreement shall commence upon delivery of the Equipmem YOU WAIVE, THE IMPLIED WARRANTIES OF NON-V1FRINGEMENT AND B. Invoices are payable upon receipt and you agree to pay Xerox each Minimum if the FITNESS FOR A PARTICULAR PURPOSE. The parties intend this Agreement to "finance Article 2A the Uniform Commercial Code. Except to Lease Payment, all Print Charges and all other sums due as follows: (i) invoice displays a due date, payment is due and must be received by Xerox on or be a lease” under Of the extent expressly provided, herein and to the extent permitted by applicable law, before said dua date, or (ii) if the invoice does not display a due date, payment is you waive all rights and remedies conferred upon a lessee by said Article. due and must be received by Xerox no later than thirty (30) days after the invoice 6. INTELLECTUAL PROPERTY INDEMNITY. Xerox, at its expense, will elate. Restrictive covenants on instruments or documents submitted for or with defend you from, and pay any settlement agreed to by Xerox or any final judgment payments you send to Xerox will not reduce your obligations. for, any claim that a Xerox brand Product infiinges a third party's U.S. intellectual C. You shall be responsible for any and all applicable Taxes, which will be property rights, provided you promptly notify Xerox of the alleged nnf agement defense. Xerox is not responsible for any non -Xerox included in Xerox's invoice unless you provide Proof of your tax exempt status- "Taxes" tax, assessment ar charge imposed or collected by any and permit Xerox to direct the litigation expenses or settlements unless it preapproves them in writing. To avoid shall mean any governmental entity or any political subdivision thereof, however designated or the amounts payable to Xerox by you for the infringement, Xerox may modify or substitute att equivalent Xerox -brand Prodnrtt, refund the price paid for the Xerox -brand Product (less the reasonable rental value on this Agreement or levi�' imposed services and maintenance of any kind; Taxes billing of Products, Print charges, for the period it was available to you), or obtain any necessary licenses. Xerox IS 1 liabilities outside the scope of this Section and include, but are not limited to, sales and use, rental, excise, gross receipts � taxes, any interest and/or penalty thereon, t related not liable for any infriogemen - ement based upon a Xerox brand Product being including, but not limited to, imfcing occupational or privilege plus excluding any personal property taxes and taxes on Xerox's net income. if a taxing modified to your specifications or being used or sold with products not provided by authority detammes that Xerox did not collect all applicable Taxes, you shall Xerox. remain liable to Xerox for such additional Taxes. 7. UM ITATION OF LIABILITY. Xerox shall not be liable to you for any direct D. You, to the extent required by applicable law, authorize Xerox (or its agent) to credit reports, make such other credit inquiries as Xerox may deem necessary damages in excess of $10,000 or the amounts paid hereunder, whichever is greater, and neither party shall be liable to the other for any special, indirect, incidental, Agreement, obtain at any time, fiumish payment history information to credit reporting agencies, and assignees of this Agreement or any rights hereunder credit- consequential or punitive damages arising out of or relating to this whether the charm alleges tortious conduct (including negligence) or any other legal release to prospective related information Xerox has about you and this Agreement. theory. The above -stated limitation of liability shall not be applicable to any obligations set forth in this Agreement Any action you 4. BASIC SERVICES. As a mandatory Part of a lease, Xerox (or a designated the following Basic Services under this Agreement (unless specific mdemmfleatron take against Xerox const be commenced within two (2) years afiter the event that servicer) will provide Fgrupmeat for which Xerox does not offer Basic Services; such caused it you are acquiring Equipment to be designated as "No Svc.'): & PARTS. Xerox will make repairs and adjustments necessary to 8. ASSIGNMENT. A If you wish to assign any rights or obligations under this Agreement, you shall A. REPAIRS keep Equipmcut in good working order (including such repairs or adjustments puede a written notice to Xerox of such request for consent, with said notice Your request to assign this required during initial installation). Pates required for repair may be new, including the name of the proposed assignee Agreement will be granted by Xerox if: (1) you are not in default under this reprocessed,oirecovavd. B. HOURS & EXCLUSIONS. Unless otherwise stated Basic Services will be Agreement or any other agreement with, Xerox,E COMMENCEMENTedassP e agrees to YMENT• Agr Provided during Xerox's standard working hours (excluding Xerox-recogndzed and open for �e section of this HISTORY" applicable to it, for due purposes of the TAXES & CREDIT HISTORY" holidays) in areas within the United States, its territories, possessions repair service for the Equipment at issue. You agree to give Xerox reasonable se credit proposed assignment; (3) the proper assignee meets Xerox's titan discretion; as determined by Xerox in its sole tis access to the Egttipment Basic Services shall cover repairs and adjustments of wear and leer or defects in materials our workmanship criteria for similar transactions 1 to Xerox, (4) you and the proposed assignee execute a writing, m a form acceptable the written consent of required as a result normal and shall exclude repairs or adjustments Xerox detertaim to relate to or be affected or other connected products not serviced confirming said assignment Assignment by you requires Xerox and may not be accomplished by operation of law. by the use of options, accessories, by Xerox, as well as any non -Xerox alterations, relocation, service, supplies, or B. Xerox may assign Ws Agreement, in whole or in part, to a parent, subsidiary or a of consumables). You agree to use Equipment in accordance with, and to perform all for Equipment as set forth in, the applicable affiliate of Xerox, Or to a person or entity for the purposes of securitizing pool assets or as part of a third party financial transaction without prior notice to you; operator maintenance procedures manuals provided by Xerox. provided, however, any proposed assignment to a person or entity not identified written In the event of C. INSTALLATION SITE & METER READINGS. The F.quip�at installation conform to Xerox's published requirements through out the term of this previously in this sentence shall require yotr prior ,withconsent. the sentence, Xerox, without notice to you, an assignment permitted by lig Agreement Each site must m flue manner Agreement. If applicable, you agree to provide meter readings If do not provide Xerox with meter readings as required may release information it has about y our related to this successive assignee of Xerox shall have all of the rights but none of the obligations prescribed by Xerox. you Xerox may estimate them and bill you accordingly. of Xerox hereunder. You shall continue to look to Xerox for performance of the of Basic Services, and you hereby D. EQUIPMENT REPLACEMENT. If Xerox is unable m maintain the D. EQUIPMENT Xerox will, as Your exclusive remedy for Xerox's Xerox's obligations, including provision waive and release any assignees of Xerox horn any such claim relating to o arising Yon as descrrRE above, failure to provide Basic Services, replace the Equipment with an identical product from slue performance of Xerox's t you ions may havehr claim agai d". shall not x ag�s or setolT that ynst Xerox against or, at Xerox's option, another product of equal or greater caPabivd es, if a defense, counterclaim replacement product is provided pursuant to this Section, there will not be an Page 3 of 7 Xerox Form# 51860t&c (05/2005) 4/30/2007 any assignees of Xerox. In the event of an assignment by Xerox, you shall remit payments due in accordance with remittance instructions of the assignee. 9. MINIMUM LEASE PAYMENTS, Each Minimum Lurie Payment (which may be billed on more than one invoice) includes a Periodic Base Charge, and may include a Periodic Minimum Number of Prints. The Minimums Lease Payments, along with any additional Print Charges for prints made in excess of the Minimum Number of Prints, cover your cost for the use of the Equipment and its maintenance (provided as Basic Services). 10. MAINTENANCE COMPONENT PRICE INCREASES. Xerox may annually increase that amount of the Minimum Lease Payment and Print Charges you are charged for maintenance of the Equipment (the "Maintenance Component'), each such inose not to exceed 10%n. (For state and local government customers, this adjustment shall take place at the commencement of each of your annual contract cycle&.) 11. TITLE, RISK & RELOCATION. Title to the Equipment shall remain with Xerox until you exercise your option to purchase it. Until you exercise your option to purchase the Equipment, you agree that: (a) it shall remain personal property; (b) you will not attach any of it as a fixture to any real estate; (c) you will not pledge, sub -lease or part with possession of it or file or permit to be filed any lien against it; and, (d) you will not make any permanent alterations to it The risk of loss due to your fault or negligence, as well as theft, fire or disappearance, shall pass to you upon shipment from a Xerox controlled facility. The risk of las due to all other causes shall =main with Xerox unless and until you exercise your option to purchase the Equipment. Until title passes to you, all Equipment relocations must be arranged (or approved in. advance) by Xerox and shall be at your expense. While Equipment is being relocated, you are responsible for all payments required to Xerox under this AgreemoL Equipment cannot be relocated outside of the United States, its territories or possessions until you have exercised the Purchase Option indicated in this Agreement N you acquire title to the Equipment, you must comply with all applicable laws and regulations regarding the export of any commodity, technology and/or software. All pa Wmaterials replaced, including as part of an upgrade, will become Xerox's property. 12. DEFAULT & REMEDIES; LATE CHARGES & COLLECTION COSTS. A. For any payment not received by Xerox within to (10) days of the due date as set forth hereto, Xerox may charge, and you agree to pay, a late charge equal to the higher of five percent (5%) of the amount due or $25 (not to exceed the maximuon amount permitted by law) as reasonable collection costs. B. You will be in default under this Agreement if (1) Xerox does not receive any payment within fifteen (15) days after the date it is due or (2) if you breach any other obligation hereunder. If you default, Xerox, in addition to its other remedies (including the cessation of Basic Services), may require immediate payment, as liquidated damages for ins of bargain and not as a penalty, of: (a) all Amounts then due, plus interest on all amounts due from the due date until paid at the rate of one and one-half percent (1.5%) per month (not to exceed the maximum amount permitted by law); (b) the remaining Minimum Lase Payments in the Agreement's term less any weaned finance, maintenance, and supply charges (as reflected on the lessors books and records); (c) a reasonable disengagement fee calculated by Xerox that will not exceed fifteen percent (15%) of the amount in (b) above (said arnount is available from Xerox upon request); and (d) all applicable Taxes. You also shall either (1) make the Equipment available for removal by Xerox when requested to do so by Xerox and, at the time of removal, the Equipment shall be in the sane condition as when delivered (reasonable wear and tear excepted), together with any related software, or (2) purchase the Equipment "AS IS, WHERE IS" and WITHOUT ANY WARRANTY AS TO CONDITION OR VALUE by paying Xerox the Purchase Option and all applicable Taxes. Xerox's decision to waive or forgive a particular default shall not prevent Xerox from declaring any other default. In addition, if you default under this Agreement, you agree to pay all of the costs Xerox incurs to enforce its rights against your, including reasonable attorneys' fees and actual costs. 13. CARTRIDGES. Cartridges packed with Equipment and replacement Cartridges may be new, ,remanufactured or reprocessed Remanufactured and. ico)1figwaNfion0W Cartridges meet Xerox's crew Cartridge performance standards andw andlor reprocessed components. To enhance pular quality, the) for many models of Equipment have been designed to cease at a predetermined Point In addition, many Equipment morels are function only with Cartridges that are newly manufaeutred originalriridgea or with Cartridges intended for »se in the U.S. Equipmenton that permits use of non newly manufactured unigiml Xerox Cartridges may be available from Xerox at an additional charge. Camidges sold as Environmental Pariuembip ('19P) Cartridges remain the property of Xerox. You agree that you shall return all EP Cartridges and may return other Cartridges to Xerox, at Xerox's expense when using Xemx-supplied shipping labels, for remanufacturing once such Cartridges cease functioning. 0 14. EQUIPMENT STATUS. Unless you are acquiring Previously Installed Equipment, Equipment will be either (a) "Newly Manufactured", which may contain some recycled components that are reconditioned; (b) 'TFactory Produced New Model", which is manufactured and newly serialized at a Xerox factory, adds fbuctio®s and features to a product previously disassembled to a Xerox predetermined standard, and contains both new components and recycled components that ate reconditioned; or, (c) "Remanufactured", which has been factory produced following disassembly to a Xerox predetermined standard and contains both new components and recycled components that are reconditioned 15. LEASE OPTIONS. The following options are available for Equipment subject to itis Agreement. A. PURCHASE OPTION. Knot in default, you may purchase the Equipment, "AS IS, WF>ERE-IS" and WITHOUT ANY WARRANTY AS TO CONDITION OR VALUE: (i) at the end of the lease term for the Purchase Option indicated on the face of this Agreement (i.e. either a set dollar amount or the Fair Market Value of the Equipment at the tease tram's conclusion rFMV"]), phis all applicable Taxes, or (ii) any time during the lease tem by paying: (1) all amounts then due; (2) the remaining Minimum Lease Payments in the Agreement's term less any unearned finance, maintenance, and supply charges (as reflected on the lessor's books and records); (3) a reasonable disengagement fix calculated by Xerox that will not exceed fifteen percent (15%) of the amount in (2) above (said amount is available from Xerox upon request); (4) the applicable Purchase Option; and (5) all applicable Taxes. B. RENEWAL. Unless either party provides notice at least thirty (30) days before ttte end of the lase term of its intention not to renew this Agreement, it will be renewed automatically on a mon&-to-month basis at the same price, term and conditions and billing frequency as the original Agreement. During this renewal period, either party may terminate this Agreement upon at least thirty (30) days notice. C. LEASE TERMINATION. Upon temnination pursuant to B. above, and if you have not purchased the Equipment, you shall make the Equipment available for removal by Xerox when requested to do so by Xerox and, at the time of removal, the Equipment shall be in the same condition as when delivered (reasonable wear and tear excepted), together with any related software. 16. PROTECTION OF XEROX'S RiGHTS. You hereby authorize Xerox or its agents to file, by any permissible means, financing statements necessary to protect Xerox's rights as the Equipment Lessor. Xerox, on your behalf and at your expense, may take any action required to be taken by you under this Agreement that you fail to take. 17. REPRESENTATIONS, WARRANTIES & COVENANTS. Each Party represents that, as of the date of this Agreement, it has the lawful power and authority to enter into this Agreement, the individuals sighing this Agreement are duly authorized to do so on its behalf and, by entering this Agteemotk it will not violate any law or other agreement to which it is a party. You are not aware of anything that will have a material negative effect on your ability to satisfy your payment obligations under this Agreement and all financial information you have provided, or will provide, to Xerox is true and accurate and provides a good representation of your financial condition. Each party agrees that it will promptly notify the other patty in writing of a change in ownership, if it relocates its principal place of business or changes the name of its business. 18. NOTICES. Notices must be in writing and will W deemed giver five (5) days after mailing, or two (2) days after sending by nationally recognized overnight rainier, to the other party's business address, or to such other address designated by either party to the other by written notice given pursuant to this sentence. The term -business address" shall mean, for you, The "Bill to" address listed on the first page of this Agreement and, for Xerox, our inquiry address set forth on the most recent invoice to you. 19. FORCE MAIEURE. Xerox shall not be liable to you during any period in which its performance is delayed or prevented in whole or in park by a circumstance beyond its reasonable control, which cuccmustances include, but ane not limited to, the following: act of God (eg., flood, earthquake, wind); fire; war, act of a public enemy or tetau dst; act of sabotage; strike or other labor dispute; riot; misadventure of the sea; inability to secure materials and I or transportation; of, a miction imposed by legislation, an order or a rale or regulation of a governmental entity. If such a circumst-ance occurs, Xerox shall undertake reasonable action to notify you of the same. 20. MISCELLANEOUS. This Agreement constiturtes the entire agreement as to its subject matter, supersedes all prior and contemporaneous oral and written agreements, and shall be construed under the laws of the State of New York (without regard to conflict -of -law principles). You agree to the jurisdiction and venue of the federal and state courts in Monroe County, New York. In any action to uoforre this Agreement the patties agree to waive their right to a jury trial. If a Xerox Form# 51860t&e (05/2005) 450/2007 Page 4 of 7 r� U court finds any term of this Agreement to be unenforceable, the remaining terms of this Agreement shall remain in effect Both parties may gain a reproduction (e.g., electronic image, photocopy, facsimile) of this Agreement which shall be admissible in any action to enforce it, but only the Agreement held by Xerox shall be considered an original. Xerox may accept this Agreement either by its authorized signature or by commencing performance (e g., Equipment delivery, initiating Basic Services, etc.). All changes to this Agreement must be made in a writing signed by both parties; accordingly, any terms on your ordering documents shall be of no force or effect. The following four sentences control over every other part of this Agreement and over all other documents now or later pertaining to this Agreement We loth intend to comply with applicable laws. In no event will Xerox charge or collect any amounts in excess of those allowed by applicable law. Any part of this Agreement that would, but fir this Section, be read under any circumstances to allow for a charge higher than that allowed under any applicable legal limit, is limited and modified by this Section to limit the amounts chargeable under this Agreement to the maximum amount allowed under the legal limit if, in any circumstances, any amount in excess of that allowed by law is charged or received, any such charge will be deemed limited by the amount legally allowed and any amount received by Xerox in excess of that legally allowed will be applied by us to the payment of amounts legally owed under this Agreement, or refunded to YOU. SOFTWARE TERMS: The following additional terms apply only to transactions covering Application Software and/or Xerox -brand Equipment: 21. SOFTWARE LICENSE. The following terms apply to copyrighted software and the accompanying documentation, including, but not limited to, operating system software, provided with or within the Xerox -brand Equipment acquired hereweder ("Base Software") as well as software specifically set out as "Application Software" on the face of this Agreement This license does not apply to any Diagnostic Software or to any software / documentation accompanied by a clickwrap or sbnnlcwmp license agreement or otherwise made subject to a separate license agreement. A. Xerox grants you a non-exclusive, non -transferable license to use the Base Software within the United States, its te>riitories, and possessions (the "United States") only on or with the Equipment with which (or within which) it was delivered. For Application Software, Xerox grants you a non-exclusive, non- transferable license to use this software within the United States on any single unit of equipment for as long as you are current in the payment of any indicated software license fees (including any Annual Renewal Fees). You have no other rights to the Base or Application Software and, in particular, may not: (1) distribute, copy, modify, create derivatives of, decompile, or reverse engineer this software; (2) activate any software delivered with or within the Equipment in an unactivated state; or, (3) allow others to engage in same. Title to the Base and Application Software and all copyrights and other intellectual property rights in it shall at all times reside solely with Xerox and/or its licensors (who shall be considered third party beneficiaries of this Agreement's software and Imitation of liability provisions). Base and Application Software may contain, or be modified to contain, computer code capable of automatically disabling proper operation or fimctioning of die Equipment. Such disabling code may be activated if: (a) Xerox is denied reasonable access to the Base or Application Software to periodically reset such code; (b) you are notified of a default under any term of this Agreement; or, (c) your license is terminated or expires. B. Xerox may terminate your license for any Base Software (1) immediately if you no longer use or possess the Equipment or are a lessor of the Equipment and your fiat lessee no longer uses or possesses it, or (2) upon the termination of any agreement under which you have rented or leased the Equipment C. if you transfer possession of the Equipment after you obtain *k to it, Xerox will offer the transferee a license to use the Base Software within the United States on or with it, subject to Xerox's then -applicable tams and license fens, if any, and provided the transfer is not in violation of Xerox's rights. D. Xerox warrants that the Base and Application Software will perform in material conformity with its user documentation for a ninety (90) day period from the date it is delivered or, for software installed by Xerox, the daft of software installation. Neither Xerox nor its licensors warrant that the Base or Application Software will be free from errors or that its operation will be uninternrpted 22. SOFTWARE SUPPORT. During the period that Xerox (or a designated servicer) provides Basic Services for the Equipment but in no event longer than five (5) years after Xerox stops taking orders from customers for their acquisition of the subject model of Equipment, Xerox (or a designated servicer) will also provide software support for the Base Software under the following teras. For Application Software licensed pursuant to this Agreement. Xerox will provide software support under the following terms provided you are current in the payment of all Initial License and Annual Renewal Fees (or, for programs not requiring Annual Renewal Fees, the payment of the Initial License Fee and the annual "Support Only" Fees). is A. Xerox will assure that Base and Application Software performs in material conformity with its user documentation and will maintain a toll-free hotline during standard business hours to answer related questions. B. Xerox may make available new releases of the Base or Application Software that primarily incorporate coding error fixes and are designated as "Maintenance Releases'. Mainterum a Releases are provided at no charge and must be implemented within six (6) months after being made available to you. Each new Maintenance Release shall be considered Base or Application Software governed by these Software Terns. New releases of the Base or Application Software that are not Maintenance Releases, if any, may be subject to additional license fees at Xerox's tip -cement pricing and shall be considered Base or Application Software governed by these Software Terms (unless otherwise noted). Xerox will not be in breach of its software support obligations hereunder if, in order to implement, in whole or in part, a new release of Base or Application Software provided or made available to you by Xerox, you must procure, at your expense, additional hardware and/or software from Xerox or any other entity. You agree to return or destroy all prior releases. C. Xerox will use reasonable efforts, either directly and/or with its vendors, to resolve coding errors or provide workarounds or patches, provided you report problems as specified by Xerox. D. Xerox shall not be obligated (1) to support any Base or Application Software that is two or more releases older than Xerox's most current release or (2) to remedy coding errors if you have modified the Base or Application Software. E. For Application Software, Xerox may annually increase the Annual Renewal and Support -Only Fees, each such increase not to exceed 10%. (For state and local - government customers, this adjustment shall take place at the commencement of each of your annual contract cycles.) 23. DIAGNOSTIC SOFTWARE. Software used to maintain the Equipment and/or diagnose its failures or substandard performance (collectively "Diagnostic Software") is embedded in, resides on, or may be loaded onto the Equipment The Diagnostic Software and method of entry or access to it constitute valuable trade secrets of Xerox. Tide to the Diagnostic Software shall at all times remain solely with Xerox and/or Xerox's licensors. You agree that (a) your acquisition of the Equipment does not grant you a license or right to use the Diagnostic Software in any manner, and (b) that unless separately licensed by Xerox to do so, you will not use, reproduce, distribute, or disclose the Diagnostic Software for any purpose (or allow third parties to do so). You agree at all times (including subsequent to the expiration of this Agreement) to allow Xerox to access, monitor, and otherwise take steps to prevent unauthorized use or reproduction of the Diagnostic Software. GOV f RNMENT CUSTOMER TERMS: The following additional tams apply only to lease transactions with state and local government customers: 24. REPRESENTATIONS & WARRANTIES, FUNDING, TAX TREATMENT & PAYMENT. A. REPRESENTATIONS & WARRANTIES. You hereby represent and warrant, as of the date of this Agreement, that: (1) you are a State or a fully constituted political subdivision or agency of the Stam in which you are located and are authorized to enter into, and carry out, your obligations under this Agreement and any other documents required to be delivered in connection with the Agreement (collectively, the "Documents"); (2) the Documents have been duly authorized, executed and delivered by you in accordance with all applicable laws, rules, ordinances and regulations (including, but not limited to, all applicable laws governing open meetings, public bidding and appropriations required in connection with this Agreement and the acquisition of the Equipment) and are valid, legal, binding agreements, enforceable in accordance with their teens and the pason(s) signing the Documents have the authority to do so, are acting with the full authorization of you governing body and hold the offices indicated below their signatures, each of which are genuine; (3) the Equipment is essential to the immediate performance of a governmental or proprietary function by you within the scope of your authority and shall be used dining the lease term only by you and only to perform such function; and, (4) your obligations to remit payments under this Agreement constitute a current expense and not a debt under applicable state law and no provision of this Agreement constitutes a pledge of your tax or general revenues and any provision that is so construed by a court of competent jurisdiction is void from the inception of this Agreement. B. FUNDING. You represent and wauunt that all payments due and to become due during your current fiscal year are within the fiscal budget of such year and are included within an unrestricted and unencumbered appropriation currently available for the leasolpurchase of the Equipmest, and that it is your intent to use the Equipment for the entire lease term and to make all payments required under this Agreement. In the event that (1) through no action initiated by you your legislative body does not appropriate finds for the continuation of this Agreement for any fiscal year after the fust fiscal year and has no finds to do so from other sources, and (2) you have made a reasonable but unsuccessful effort to find a creditworthy Xerox Foes# 51860t&c (05=05) 4/30/2007 Page 5 of 7 assignee acceptable to Xerox in its sole discretion within your general organization who can continue this Agreement, this Agreement may be terminated. To effect this termination, you shall, thirty (30) days prior to the beguming of the fiscal year for which your legislative body does not appropriate fiords for such upcoming fiscal year, send Xerox written notice stating that your legislative body failed to appropriate funds and that you have made the required effort to find an assignee. Your notice must be accompanied by payment of all sums thea owed through the current year to Xerox trader this Agreement and mast certify that the canceled Equipment is not being replaced by equipment performing similar functions during the ensuing fiscal year. In addition, you agree at your expense to return rite Equipment in good condition to a location designated by Xerox and that, when returned, the Equipment will be free of all liens and encunnbrances. You will then be released from your obligations to make any further payments to Xerox beyond those due for the current fiscal year (with Xerox retaining all sums paid to date). C. TAX TREATMENT. This Agreement has been accepted on the basis of your representation that Xerox may claim any interest paid by you as exempt flout federal income tax under Section 103(c) of the Code. You agree to comply with the information reporting requirements of Section 149(e) of the Cade. Such compliance shall include, but not be limited to, the execution of 8038-G or 8038 -GC Information Returns. You hereby appoint Xerox as your agent to maintain, and Xerox agrees to maintain, or cause to be maintained, a complete and accurate record of all assignments of this Agreement in foam sufficient to comply with the book entry requirements of Section 149(x) of the Code and the regulations prescribed thereunder from time to time. Should Xerox lose the benefit of this exemption as a result of your failure to comply with or be coveted by Section 103(c) or its regulations, then, subject to the availability of funds and upon demand by Xerox, you shall pay Xerox an amount equal to its loss in this regard. At the time of execution of this Agreement, you shall provide Xerox with a properly prepared and executed copy of US Treasury Form 8038 or 8038 -GC. D. PAYMENT. Your payment is due within thirty (30) days of our invoice date. APJJITIONAL TERMS: The following additional terms apply only to the extent that you have agreed to one or in= of the options described below: 25. CONSUMABLE SUPPLIES INCLUDED IN BASE/PRINT CHARGES. If this option has been selected, Xerox (or a designated servicer) will provide you with black toner (excluding highlight color toner), black developm copy Cartridges, and, if applicable, fitser ("Consumable Supplies") throughout the term of this Agreenrtent. For full-color Equipment, Consumable Supplies shall also include, as applicable, color toner and developer. You agree that the Consumable Supplies are Xerox's property until used by you, that you will use them only with do Equipmena. that you will return all Caraidges to Xerox for remanufacturing once they have been .run to their cease -function point (at Xerox's expense when using Xerox - supplied shipping labels), and that at the end of the term of this Agreement either (a) you will return any unused Consumable Supplies to Xerox (at Xerox's expense when using Xerox -supplied shipping labcb)or (b) destroy them in a manner permitted by applicable law. Should your use of Consumable Supplies exceed Xerox's published yields for these items by more than 10%, you agree that Xerox shall have the right to charge you for any such excess usage. When requested by Xerox, you agree to provide meter readings and inventory of Consumable Supplies in your possession - 26. REPLACEMENT / MODIFICATION OF PRIOR XEROX AGREEMENT. If this option has been selected, this Agreement will replace or modify a prior agreement between you and Xerox covering the specified equipment. If it is a replacement agreement, the prior agreement shall be null and void. If it is a modification, the prior agreement shall remain in effect except that any terms presented in this modification agreement that conflict with, or ane additive to, any of the terms. in the prior agreement shall take precedence over the terms in the prior agreement for the balance of the Agreement. In addition, modifications requiring a r9eamortization of your payments may include a ohne-time admin;strativerproeessing charge that will appear on your first bill under this revised arrangement. 27. XEROX AS FINANCIAL INTERMEDIARY. If this option has been selected, you are leasing specifically identified products that were selected by you and that are not sold by Xerox in the normal course of its business. If you have signed a purchase contract for such products, by signing this Agreement you assign your rights but none of your obligations under such purchase contract to Xerox. With regard to these products, you agree that Xerox is leasing them to you "AS IS, WHERE IS" and that XEROX HAS NOT MADE, AND YOU HEREBY WAIVE, ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NON -INFRINGEMENT, and (b) ANY REPRESENTATION OR WARRANTY REGARDING THE PRODUCTS' SUITABILITY, DESIGN, CONDITION, DURABILITY, OPERATION, QUALITY OF MATERIALS OR WORKMANSHIP, OR COMPLIANCE WITH SPECIFICATIONS OR APPLICABLE LAW. Xerox assigns to you, to the extent assignable, any warranty 0 rights it has to these products (which rights shall revert to Xerox if you breach this Agreement). You agree (1) that these products ate not covered by Xerox's obligation to provide Basic Services; (2) to maintain a service agreement for these products with a service provider acceptable to Xerox throughout this Agreement's term; (3) to pay all personal property taxes related to these products; and (4) to assign to Xerox any rights you have to these products until title passes from Xerox to you (which, subject to any software licenses surrounding the acquisition of these products, shall occur when you obtain title to all Xerox -brand Equipment covered by this Agreement). 28. FINANCED SOFTWARE TOTAL If this option has been selected, the initial license fees for any Application Software set forth in this Agreement shall be paid for through your Minimum Lease Payments. If you breach this license or any of your obligations regarding Bre Equipment, the full amount of the initial license fees shall be immediately due and payable. 29. FINANCED SUPPLIES TOTAL If this option has been selected, the cost of any supplies you have purchased under this Agreement shall be paid for through your Minimum Lease Payments. If you breach any of your obligations regarding the Equipment, the full amount of the supply costs shall become immediately due and payable. 30. REFINANCE OF PRIOR AGREEMENT. If this option has been selected, the balance of your prior indicated agreement with Xerox or a thud patty shall be paid for through your Minimum Lease Payments. If your prior agreement is with a thud parry, you hereby acknowledge that you have the right to terminate the agreement and agree to provide a statement from the third -party identifying the equipment at issue and the amount to be paid off (as well as a statement from you identifying the Payee and mailing address for your payoff check). If your prior agreement was with Xerox, the use of this refinance option shall render your prior agreement mull and void. If you breach this Agreement, the full amount of your prior agreement balance shall be immediately due and payable 31. ADJUSTMENT PERIOD. If this option has been selected, your Minimum Lease Payment and/or Print Charges shall be adjusted in accordance with the information contained in the Adjustment Period portion of this Agreement; as a result, your initial payment(s) shall be different from those payable during the balance of this Agreement. 32. K-16 BILLING SUSPENSION. If this option has been selected, the Maintenance Component of your Mini>mrm Lease Payment and Print Charges will be suspended each year during the months indicated. Dining these months, you agree that you will not use the Equipment and that Xerox shall not be responsible for providing Basic Services on it. If Xerox provides Basic Services during the K- 16 16 Billing Suspension period, you will be billed at Xerox's then -current Time and Materials ('T&M") rates for such Basic Services. 33. TRADE-IN EQUIPMENT. If this option has been selected, you are providing equipment to Xerox as part of this Agreement ('Trade -In Equipment") and the following shall apply: A TITLE TRANSFER. Yon warrant that you have the tight to transfer title to the Trade -In Equipment and that it has been installed and performing its intended function. Title and risk of Iris to the Trade -In Equipment shall pass to Xerox when Xerox removes it from your premises. B. CONDITION. You warrant that the Trade-in Equipment is in good working order; has not been modified frow its original configuration (other than by Xerox), and has a UL I" attached You agree to maintain the Trade -In Equipment at its present site and in substantially its present condition until removed by Xerox. C. ACCRUED CHARGES. You agree to pay all accrued charges for the Trade In Equipment (up to and including payment of the Final Principal Payment Number) and to pay all maintenance, administrative, supply and finance charges for this equipment through the date title passes to Xerox. 34. RUN LENGTH PLAN. If this option has been selected, the first ten prints of each original (per rum) are recorded and billed on both meters with all subsequent prints recorded and billed on Meter A only. 35. FIXED PRICE PLAN. If this option has been selected, Xerox will forego its right to increase the Maintenance Component throughout the initial berm of this Agreement. 36. PER-POOT PRICING. if this option has been selected, all Print Charges will be billed on a per -foot basis, with each lima or square foot, as applicable, equal to one prim. 37. EXTENDED SERVICE HOURS. If this option has been selected. Xerox will provide Basic Services during the hours indicated, with the first number establishing the number of eight-hour shifts covered and the second establishing the days of the week (e g., 2 x 6 would provide service from 8:00 A.M. to 11:59 P.M., Monday through Saturday). The cost of this enhanced service coverage will be Xerox Farrar# 518Wt&c (05/2005) 4/30f2007 Page 6 of 7 • billed separately and, as such, is not included in your Minimum Lease Payment or Print Charges. 38. ATTACHED ADDENDA. If this option has been selected, you acimowledge that one or more specified addenda (as indicated) have been provided to you. Tbese addenda, which provide additional terms relevant to the transactions covered hereunder, are hereby fully integrated into this Agreement 39. NEGOTIATED CONTRACT. If this option has been selected, the Products identified in this Agreement are subject solely to the terms contained in (a) either (1) the identified Negotiated Contract for a lease transaction or (2) if there are no such terms in the Negotiated Contract, the terms set forth in this Agreement, and, if applicable and notwithstanding anything to the contrary set forth in the Negotiated Contract, (b) the "Additional Terms" portion of this Agreement for the selected option or options to the extent the subject matter of any such selected option is not addressed in the Negotiated Contract 40. DSA CONTRACT NUMHER. If a DSA Contract Number has been inserted, the Equipment and/or software identified in this Agreement are associated with the Services being provided under the referenced Document Services Agreement ("DSA"), but such Equipment and/or software are subject solely to the terms contained in this Agreement For customer support tools to manage your account online, visit your Account Management link Cep www.xeroxcom Xerox Form# 51860t&c (05/2005) 4/30/2007 page 7 of 7 Will Ber From: Michelle Barsness [mbarsness@daviscoinc.coml Sent: Thursday, June 21, 2007 3:39 PM To: Will Berg Subject: FW: signed addendum Attachments: signe001.PDF; AVG certification_.bct M11- signe001.PDF (71 -AVG KB) tification_.1xt (455 l Please see attached Michelle Barsness Agent Specialist Davisco Inc. Xerox Sales Agent 208/384-5954 208/384-5788 fax June 15, 2007 MERIDIAN CITY COUNCIL MEETING lune 19, 2007 APPLICANT ITEM NO. 5-Y REQUEST Change Order No. 5 for Removal and Abatement of Contaminated Soil with IciP_dl Demolition 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: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. E Memo To: Will Berg, City Clerk From: Keith Watts, Purchasing Agent CC: Ted Baird Date: 6/11/07 Re: June 19 City Council Meeting Agenda Items • .SUN 1 12007 City Of Meridian City Clerk Office The Purchasing Department respectfully requests that the following item be placed on the June 19 City Council Consent Agenda for Council's consideration. Ideal Demolition Change Order #5 Removal and Abatement of Contaminated Soils. All work under this Change Order #5 will be completed pursuant to the existing Asbestos Abatement and Demolition contract executed October 27, 2006. Recommended Council Action: Approve Change Order #5 to Ideal Demolition Inc. for excavation, loading, covering, hauling, and abatement of contaminated soil from the Meridian Creamery Site, building new access road and sealing of hand dug pit for a Not -To -Exceed amount of $82,584.20, authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 June 15, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING June 19, 2007 APPLICANT Mayor's Office ITEM NO. 6-A-1 REQUEST Discussion on Impact Fee Committee Members 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: ,�(J CITY PARKS DEPT: V MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. June 15, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING June 19, 2007 APPLICANT Police Department ITEM NO. 6-B-1 REQUEST Budget Amendment for Wage Adjustments for Supervisors AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See aRached Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 0 Page 1 of 1 Tara Green From: Bill Musser Sent: Wednesday, June 06, 200712:21 PM To: Tara Green; Sharon Smith Follow Up Flag: Follow up Flag Status: Green Attachments: Wage Admendment FY07 July Update.xls Tara or Sharon, I am requesting a department report for the Council meeting on June 19th. This will be to discuss a wage adjustment and get Council approval to move forward on such. I have attached a budget amendment for Council review (I have the signed one, but Stacy does not think it will need to be an amendment). Thanks, Bill Win. (Bill) Musser, Chief of Police City of Meridian Police Department 1401 E. Watertower Ln. Meridian, ID 83642 Office (208) 846-7370 Fax (208) 846-7372 musserb@a,meridiancity.org 6/14/2007 0 June 15, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING June 19, 2007 APPLICANT Legal Department ITEM NO. 6-C-1 REQUEST Collective Labor Agreement between the City of Meridian and Meridian Firefighters IAFF Local 2311 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 E COLLECTIVE LABOR AGREEMENT between CITY OF MERIDIAN and MERIDIAN FIREFIGHTERS I.A.F.F. LOCAL 2311 CITY OF 1 IDAHO Pr Adgr�%MML. I 1 V 1 r Effective October 1, 2007 - September 30, 2010 0 TABLE OF CONTENTS • AGREEMENTPREAMBLE..........................................................................................1 ARTICLE 1- RECOGNITION.........................................................................................1 ARTICLE 2 - DISCRIN41NATION...................................................................................1 ARTICLE 3 - PREVAILING RIGHTS.............................................................................2 ARTICLE 4 - MANAGEMENT RIGHTS........................................................................2 ARTICLE 5 - UNION DUES, FEES and ASSESSMENT CHECK OFF .........................3 ARTICLE 6 - UNION BUSINESS....................................................................................3 ARTICLE 7 - PERSONNEL REDUCTION OR RESTRUCTURING .............................3 ARTICLE 8 - RULES AND REGULATIONS..................................................................4 ARTICLE9 - INSURANCE..............................................................................................4 ARTICLE10 --- SICK LEAVE...........................................................................................6 ARTICLE 11- INJURY LEAVE.......................................................................................7 ARTICLE 12 - VACATION-EMERGENCY-INCIDENTIAL & HOLIDAY LEAVE ..8 ARTICLE 13 - RELIEF PERSONNEL...........................................................................11 ARTICLE14-VACANCIES...........................................................................................11 ARTICLE 15 - PROMOTIONS.......................................................................................11 ARTICLE 16 - GRIEVANCE PROCEDURE..................................................................12 ARTICLE 17 - NO STRIKES - NO LOCKOUT............................................................14 ARTICLE 18 - UNIFORM AND PERSONAL FIREFIGHTING EQUIPMENT ALLOWANCE..............................................................15 ARTICLE 19 - HOURS OF WORK AND DESIGNATED WORK HOURS ................16 ARTICLE 20 - BEREAVEMENT LEAVE.....................................................................1,7 ARTICLE 21- ADDITIONAL DUTY AND COMPENSATION..................................17 ARTICLE 22 - WORKING OUT OF CLASSIFICATION.............................................18 ARTICLE23 - STAFFING..............................................................................................19 ARTICLE24 - SALARIES..............................................................................................20 ARTICLE 25 - ALCOHOL & DRUG POLICY..............................................................20 ARTICLE 26 - SAVINGS CLAUSE...............................................................................20 ARTICLE 27 - EFFECTIVE DATE................................................................................20 APPENDIX "A" - WAGE SCHEDULE APPENDIX `B" - DRUG & ALCOHOL POLICY APPENDIX "C" - UNIFORM AND EQUIPMENT LIST 0 • 1 AGREEMENT PREAMBLE 2 The City of Meridian, hereinafter referred to as the CITY, and the Local #2311 3 % International Association of Firefighters, hereinafter referred to as UNION, with the 4 Management of the Fire Department, empowered by the CITY, to the Fire Chief] hereinafter 5 referred to as DEPARTMENT; in order to increase the general efficiency within the Fire 6 Department, to maintain existing harmonious relationship between the DEPARTMENT and its 7 employees, and to promote the morale, rights, and well-being of the members of the Fire 8 Department, hereby agree as follows: 9 10 ARTICLE 1— RECOGNITION 11 Pursuant to Title 44, Chapter 18, Section 1, Sub -section 1 (44-1801(1)) of the Idaho Code 12 the CITY recognizes the UNION as the exclusive bargaining agent for all firefighters as defined- 13 efine 13 by said code excluding any clerical support staff. 14 This Agreement shall apply, currently, but not be limited to the following: 15 16 1.1 Suppression Firefighters of the Meridian Fire Department. 17 These employees currently work shifts defined by Article 19.1. The positions 18 incorporated by this Agreement are for Introductory/Probationary, Firefighter I, II, III, Driver, 19 and Captain of Suppression. 20 1.2 Fire Inspector of the Meridian Fire Department. 21 This employee works a shift as defined in Article 19.2. The position incorporated by this 22 Agreement is Captain Fire Inspector. 23 r 24 ARTICLE 2 - DISCRIMINATION 25 There shall be no discrimination against, intimidation, or harassment of any employee by 26 either the CITY, DEPARTMENT, or UNION or any member acting on behalf of the UNION, 27 because of the employee's membership or non -membership in the UNION or by virtue of his/her 28 holding office or not holding office in the UNION. 29 The CITY and the UNION agree that neither shall discriminate against any employee or 30 prospective employee with respect to his/her compensation, terms, conditions, or privileges of 31 employment because of such employee's race, color, religion, sex, national origin, age, or other 32 factors which do not constitute a bona fide occupational requirements. It shall be the exclusive COLLECTIVE LABOR AGREEMENT — Page 1 of 21 E • 1 responsibility of the DEPARTMENT to determine bona fide occupational requirements within 2 the meaning of this Article. 3 4 ARTICLE 3 - PREVAILING RIGHTS 5 All rights, privileges and benefits held by the firefighters at this time which are not 6 included in this contract shall remain in force, unchanged and unaffected in any manner unless 7 agreed to and memorialized in writing by both parties to the Agreement, provided that the 8 Management of the Department may change or cancel any such right, privilege or benefit 1) 9 temporarily to accommodate an emergency situation; or 2) when shown to be a necessity for the 10 best interest of the City or the Department, provided further that any change, cancellation or 11 alteration of any such right, privilege or benefit cannot be done arbitrarily, for retaliation, for the 12 purposes of harassment, or in a manner resulting in disparate treatment, and must be with just 13 cause by Management. Any change shall be subject to the Grievance Procedure. Nothing in this . 14 Article is intended to supersede the City's obligation to negotiate pursuant to the provisions of 15 Section 18, Title 44, Idaho Code, or to supersede any other terms or conditions of this 16 Agreement. 17 18 ARTICLE 4 - MANAGEMENT RIGHTS 19 The DEPARTMENT shall have the exclusive right to exercise the regular and customary 20 functions of management, subject to the provisions of this Agreement and consistent with 21 applicable law and regulations, including, but not limited to: Determining the DEPARTMENT'S 22 financial, budgetary, accounting and organizational policies and procedures; Directing the 23 activities and operations of the DEPARTMENT; Determining the levels of service and methods 24 of operations; To create and oversee personnel policies, rules and regulations not inconsistent 25 with any other term of this Agreement; The introduction of new equipment; The right to hire, 26 lay-off, transfer and promote; To discipline and discharge employees for cause; To determine 27 work schedules and assign work; To determine job qualifications; To take whatever action may 28 be necessary to carry out its mission. Provided that nothing in this Article shall nullify: (1) Any 29 provisions elsewhere in this agreement, or (2) The City's statutory obligation to negotiate with 30 the Union Pursuant to Chapter 18, Title 44, Idaho Code. Any change or cancellation of any such 31 right or privilege that is provided within Idaho Code shall be subject to the grievance procedure. 32 COLLECTNE LABOR AGREEMENT - Page 2 of 21 I The terms hereof are intended to cover only minimums in wages, hours, working 2 conditions, benefits, and other terms and conditions of employment. The City may place superior 3 % wages, hours, working conditions, benefits and other terms and conditions of employment in 4 effect and may reduce the same to the minimums herein prescribed 5 This Article shall not preclude the Union and the City from meeting during the period of 6 the contract to either (1) discuss procedures for avoiding grievances and other problems, or (2) 7 generally improving relations between the parties. 8 9 ARTICLE 5 — UNION DUES, FEES and ASSESSMENT CHECK OFF 10 The CITY agrees to deduct authorized union dues, fees and assessments in amounts 1 I specified by the authorized officer of the UNION, from the pay of the UNION employees upon 12 written authorization. The CITY further agrees to transmit those amounts monthly to the 13 UNION. The UNION agrees to certify to the CITY the amount of authorized dues, fees and 14 assessments. The CITY will show deductions of dues, fees and assessments on the employee's 15 monthly check stubs. 16 17 ARTICLE 6 — UNION BUSINESS 18 Firefighters elected to UNION office shall be granted time off to attend functions, 19 conventions and seminars within the State of Idaho, provided that the Fire Chief is given 20 seventy-two (72) hours notice and approves such leave. Up to three (3) members of the Union's 21 Contract Negotiation Committee shall be allowed time off either as leave without pay or 22 vacation time at the employee's discretion, for all meetings with the CITY for contract 23 negotiations, for union conventions and for union seminars mutually set by the CITY and the 24 UNION. 25 26 ARTICLE 7 — PERSONNEL REDUCTION OR RESTRUCTURING 27 In case of personnel reduction, the member with the least seniority shall be released first. 28 No new employees will be hired until the furloughed members have been given the opportunity 29 to return to work. 30 If at any point a restructuring causes a decrease in an employee's rank as justified due to 31 Fire Department adjustments, that person will assume the next available opening in that rank. 32 COLLECTIVE LABOR AGREEMENT — Page 3 of 21 I Seniority being considered: skills, qualifications and abilities are the determining factors. 2 The DEPARTMENT shall be the sole judge of skills, qualifications and abilities. 3 4 ARTICLE 8 — RULES and REGULATIONS 5 The rules and regulations and policies of the DEPARTMENT relating in any way to 6 wages, hours and/or conditions of employment shall be made a part of this Agreement. The 7 rules and regulations of the DEPARTMENT as provided in Idaho Code shall be subject to 8 change by mutual consent. 0 10 ARTICLE 9 — INSURANCE 11 During the term of this Agreement, the CITY shall pay 100% of the employee premiums 12 for health, worker's compensation, dental, life, and short & long-term disability insurance. The 13 CITY shall pay the same premium and provide identical coverage to the UNION for health 14 insurance that is given to other city employees. The coverage shall be comparable to the current 15 coverage in policies, in existence as of the effective date of this agreement. The CITY will pay 16 80% of the same premium for the family health and dental in the same manner that it pays for 17 other city employees. This provision will be reviewed on an annual basis after quotes for 18 insurance are received to determine what adjustments may be needed to employee contributions 19 to the plan. The CITY further agrees to cover increases in premiums for employees up to 8.5% 20 not to exceed. $15.00 per month or $180 per year. However, adjustments in coverage may be 21 necessary if premiums quoted are above that amount. Any adjustments will not exceed 22 adjustments made to other city employees. The CITY reserves the right to make changes in 23 carriers, premiums and provisions of these programs when deemed necessary or advisable. The 24 City of Meridian agrees to establish an insurance review committee that will review the 25 employee's insurance coverage on an annual basis and make recommendations to the City 26 Council. The UNION will be given a position for a representative on the committee with the 27 understanding that this member does not have bargaining power for the UNION. 28 29 9.1 Survivor's Health Insurance or Survivor's Benefit 30 In addition to other benefits that are available for a firefighter who dies in the line of 31 duty, including but not limited to the Federal Firefighter Death Relief Act, Social Security, State COLLECTIVE LABOR AGREEMENT — Page 4 of 21 I Worker's Compensation, or the Public Employees Retirement System, the CITY agrees to pay 2 the following benefits: 3 N 1) Cash value of 50% of the accumulated sick leave remaining to the survivor of the 4 firefighter; either to the spouse, or dependant children at the survivor's choice in the following 5 manner: 6 a. Paid in one lump sum to the party or their designated trustee or representative; or 7 b. Applied towards continuing health insurance coverage for the survivor, if the family 8 had been insured with the City at the time of death. After the exhaustion of the value 9 of the 50% accumulated sick leave benefit, the party may continue with COBRA 10 coverage as allowed by law, at their own expense. 11 The choice must be made in writing by the survivor or the appropriate trustee or representative 12 for the survivor. If for any reason no election is not made within ten (10) days of the City's — 13 request for an election to be made then the lump sum payment shall be made. 14 2) A CITY provided life insurance policy, at no cost to the firefighter, for both $50,000 term 15 life and $50,000 accidental death benefit. 16 17 9.2 - Post Employment Health. Program 18 When a firefighter retires from active duty, by qualifying under the rules existing under 19 the Public Employee Retirement System (PERSI); by points, age, medical disability, or by any 20 method in existence at the time of retirement allowed by PERSI, the CITY agrees to apply the 21 cash value equivalent of twenty-five percent (25%) of the accumulated sick leave remaining for 22 that firefighter in their personal accrual account with the CITY, towards continuing health 23 insurance coverage for that retiree. After the exhaustion of the value of the twenty-five percent 24 (25%) accumulated sick leave benefit, the retiree may continue under COBRA coverage as 25 required by law, at their own expense. 26 The CITY will make all reasonable efforts during the term of this agreement to create a 27 citywide post employment health benefit for all employees that may be considered by the 28 UNION. In the event a program is created and approved by the CITY the UNION will have the 29 option to re -open this agreement and substitute the citywide program in lieu of this Program in 30 Article 9.2 without penalty. 31 32 COLLECTIVE LABOR AGREEMENT — Page 5 of 21 0 1 9.3 Voluntary Health Insurance (MERPS) and Fees 2 There shall be established a Firefighter Only Retirement Health Plan between the 3 % UNION and a vendor of their choosing. The program of choice is Medical Expense 4 Reimbursement Plan for Retirees (MERPS). 5 At no cost to the CITY, the CITY agrees to deduct the specified amount authorized by 6 the firefighters and transmit those amounts to MERPS monthly. The UNION will be required to 7 submit plan documents to the CITY with all the necessary information to allow the CITY to 8 accomplish the payroll deduction. The amounts will be reflected in the individual UNION 9 members monthly pay stubs. 10 The UNION acknowledges that the program requires 100% participation and the UNION 11 will notify the CITY when that threshold is achieved and the CITY can begin the payroll 12 deduction. No deductions are required until the threshold is reached and the UNION notifies the _ 13 CITY. The UNION agrees that if the deduction does not begin at the commencement of this 14 Agreement then they will provide written notice to the CITY when to begin the deductions. The 15 deductions by the CITY have to align with the beginning of the CITY's pay periods and 16 payrolling system. 17 18 ARTICLE 10 — SICK LEAVE 19 Any twenty-four (24) hour shift member of the UNION incurring a non -duty sickness or 20 disability which renders them unable to perform their duties shall receive sick leave with full pay 21 within his/her accumulated sick leave time. All twenty-four (24) hour shift members shall 22 accrue fourteen (14) hours per month. The maximum time accumulated shall be 2920 hours. 23 Any forty (40) hour per week member of the UNION shall accrue eight (8) hours per 24 month with a maximum accumulation of 720 hours. The accumulated sick leave shall carry over 25 from one contract to the succeeding contract. 26 Any UNION member that transfers from a twenty-four (24) hour shift position to a forty 27 (40) hour per week position or vice versa shall have their accumulated leave adjusted by the 28 following conversion factor. 29 • Twenty-four (24) hour shift transfer to forty (40) hour per week shift — Multiply 30 accumulated leave by .736. 31 • Forty (40) hour per week shift transfer to twenty-four (24) hour shift — Multiply 32 accumulated leave by 1.36. COLLECTIVE LABOR AGREEMENT — Page 6 of 21 0 • 2 Any UNION member whose employment with the CITY is discontinued shall be paid, at 3 their regular wage rate, for 10% of their accrued sick leave at the date of separation. If an 4 employee is involuntarily terminated by the CITY, excluding workforce reduction, no pay will 5 be given. 6 Any UNION member unable to perform their duties for more that three (3) consecutive 7 shifts for twenty-four hour shift members and five (5) consecutive days for forty hour per week 8 members due to non -duty sickness or disability shall be required to provide medical 9 documentation from their attending physician that states that the employee is unable to perform 10 their regular duties or any limitations that may exist and the expected length of time before the 11 employee can return to full duty. Any employee may be required to provide a physician 12 certificate prior to the use of three (3) consecutive work shifts for twenty-four shift members and 13 five (5) consecutive days for forty hour per week members to ensure compliance with the 14 provisions of the Family Medical Leave Act (FMLA). An employee on medical, injury or 15 incidental leave will not accrue any sick leave benefits for leave that exceed six (6) or more 16 consecutive work shifts for twenty-four hour shift members or ten (10) consecutive days for 17 forty hour per week members . 18 19 ARTICLE 11— INJURY LEAVE 20 When a firefighter is incapacitated on the job the firefighter shall be entitled to injury 21 leave with full monthly pay without reduction which includes the wage scale in APPENDIX A, 22 during the time period in which the firefighter is unable to perform their duties or until such time 23 as the firefighter is accepted for retirement by the current retirement system. The periodfof 24 injury leave is limited to a maximum of twelve (12) months and any Worker's Compensation 25 benefits received by the member for total or partial temporary disability during the employee's 26 injury leave with full pay shall be turned over to the CITY. All employees on injury leave shall 27 be subject to an examination by a Doctor acceptable to the CITY. 28 Whenever a firefighter is unable to perform their full duties as a result of a "line of duty" 29 injury or illness, the firefighter may be required to report to work in a light duty status if 30 management determines that light duty work exists or is available at that time. Management has 31 the right to determine if light duty exists. COLLECTIVE LABOR AGREEMENT — Page 7 of 21 0 0 I The DEPARTMENT reserves the right to re -assign work schedules as necessary when 2 assigning light duty. This right shall include, but not be limited to changing days of work, hours 3 of work, and type of work to be performed. If light duty extends beyond the current month 4 (begins in one month and extends into another), the firefighter will only accumulate leave 5 benefits at same accrual rate of a general city "forty (40) hour per week' employee until light 6 duty ends. When the firefighter returns to regular duty assignment the normal leave benefits will 7 begin to accrue immediately. If the return to duty occurs within the month then the CITY will 8 pro -rate their accrual of leave within that month between a general employee rate and the 9 firefighter rate. 10 Assigned light duty shall be strictly limited to instructions, restrictions, or limitations 11 provided by the sick or injured employee's medical doctor regarding their physical or mental 12 status. The firefighter must provide a Doctor's release to the Fire Chief or designee stating what 13 limitations or functions the firefighter is able to perform and for how long (hours per day or per 14 shift, days or shifts per month, etc.) 15 Assigned light duty shall in no way endanger, aggravate or prolong the full physical 16 and/or mental recovery of the sick/injured employee. 17 Light duty shall in no way affect the existing vacation, holiday, sick leave or other 18 benefit accrual as previously agreed to or provided for by this agreement or by past practice of 19 the management except for the exceptions as provided within this Article. 20 21 ARTICLE 12 — VACATION — EMERGENCY - INCIDENTAL AND HOLIDAY LEAVE 22 12.1 Vacation Leave 23 All twenty-four (24) hour shift employees covered by the terms of this Agreement shall 24 accrue paid vacation leave on a monthly basis according the following schedule: 25 A. Zero to four (0-4) years of service 16 hours per month 26 B. Five to nine (5-9) years of service 18 hours per month 27 C. Ten to fourteen (10-14) years of service 20 hours per month 28 D. Fifteen to nineteen (15-19) years of service 22 hours per month 29 E. Twenty (20) and over years of service 24 hours per month 30 31 Maximum hours accrued shall be 720 hours. Any amount over the maximum will be 32 lost. COLLECTIVE LABOR AGREEMENT — Page 8 of 21 0 0 1 All forty (40) hour per week employees shall accrue paid vacation leave on monthly basis 2 according the following schedule: 3 A. Zero to four (0-4) years of service 10 hours per month 4 B. Five to nine (5-9) years of service 12 hours per month 5 C. Ten to fourteen (10-14) years of service 14 hours per month 6 D. Fifteen to nineteen (15-19) years of service 16 hours per month 7 E. Twenty (20) and over years of service 18 hours per month 8 Maximum hours accrued shall be 250 hours. Any amount over the maximum will be 9 lost. 10 Any UNION member that transfers from a 24 hour shift position to a 40 hour per week 11 position or vice versa shall have their accumulated leave adjusted by the following conversion 12 factor. - 13 • Twenty-four (24) hour shift transfer to forty (40) hour per week shift - Multiply 14 accumulated leave by .736. 15 • Forty (40) hour per week shift transfer to twenty-four (24) hour shift - Multiply 16 accumulated leave by 1.36. 17 Any firefighter, whose employment with the DEPARTMENT is discontinued, for any 18 reason, shall be paid at their wage rate, at time of separation, for all accrued and accumulated 19 vacation. 20 Vacation usage shall be governed by departmental policy, but no more than three (3) 21 firefighters shall be allowed to use vacation or incidental leave per shift unless directed by a 22 change in the departmental policy. 23 24 12.2 Emergency Leave 25 In the event of an emergency, a firefighter shall be granted leave for a minimum of four 26 (4) hours and until the emergency no longer exists and the firefighter can return and perform 27 their job as required. The firefighter's station captain shall have the authority to grant the 28 immediate leave and will coordinate with the Chief or the designated Station Captain, to acquire 29 a replacement firefighter pursuant to this Agreement and Departmental policy. 30 An "Emergency" for the purposes of this clause shall be a matter that could not have 31 been anticipated or known prior to the beginning of the firefighter's shift and should in the 32 discretion of the station captain be a matter of concern of great bodily harm to the firefighter or COLLECTIVE LABOR AGREEMENT — Rage 9 of 21 0 0 1 their immediate family, a matter of great property loss or damage to the firefighter and should 2 only be granted in the most extraordinary of circumstances. 3 When practical the Fire Chief will be notified of the granting of Emergency Leave, and if 4 applicable, the possible length of said leave. 5 6 12.3 Incidental Leave 7 Incidental leave is defined as time off not previously scheduled during the vacation 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 schedule process pursuant to departmental policy. Incidental leave usage shall be governed by departmental policy, but no more than three (3) firefighters shall be allowed to use incidental or vacation leave per shift unless directed by a change in the departmental policy. Incidental leave shall be granted at the discretion of the Fire Chief the designated Station Captain. Incidental leave may be granted at any time, up to and including the day requested, as long as no more than three firefighters have been granted vacation or incidental leave on the requested day. Incidental leave will be granted for a minimum four (4) hours. 12.4 Holiday Leave All firefighters shall accrue and receive eight (8) hours paid leave for each of the holidays listed below and any additional days recognized by the State of Idaho. All holiday time shall be in addition to the employee's accumulated vacation leave, and shall accrue as each holiday occurs. All twenty-four (24) hour shift employees shall have the holiday leave added to their vacation leave. All twenty-four (24) hour shift employees shall be entitled to ten (10) holidays per calendar year as listed below: NEW YEAR'S DAY CIVIL RIGHTS DAY PRESIDENT'S DAY MEMORIAL DAY INDEPENDENCE DAY LABOR DAY COLUMBUS DAY VETERAN'S DAY THANKSGIVING DAY CHRISTMAS DAY All forty (40) hour per week employees shall NOT receive Columbus Day as a holiday, but shall receive the Day After Thanksgiving as a holiday. The forty (40) hour per week employees shall receive all the remaining holidays as listed above. If the designated holiday falls on a weekend then the member shall take the City designated day as the holiday. COLLECTIVE LABOR AGREEMENT — Page 10 of 21 i 1 2 ARTICLE 13 — RELIEF PERSONNEL 3 The DEPARTMENT will provide qualified relief personnel with full -tune employees, 4 Monday through Friday, if possible. On-call personnel will be used first choice on weekends, if 5 possible. Sufficient relief personnel shall be used to maintain normal coverage of each shift 6 period of vacation, holidays, sick leave, and fire related education. Relief personnel may include 7 current department personnel working out of classification in a higher ranked position, pursuant 8 to this Agreement. Relief personnel can also be part-time paid personnel who have been 9 certified as qualified through the training program established by the DEPARTMENT. Part-time 10 paid personnel can only serve as relief in a Firefighter position, but not as Captain or Driver. 11 12 ARTICLE 14 — VACANCIES — 13 Any unfilled position caused by termination, retirement, promotion or otherwise, except 14 for personnel reduction as provided elsewhere in this Agreement, shall be filled from a hiring list 15 of eligible applicants on file for that position. Promotions and vacancies for the position of 16 Driver, Captain and any other positions added to the ranks of the DEPARTMENT which pertain 17 to shift personnel shall be filled from the current ranks of full-time personnel of the Meridian 18 Fire Department. After the test is given and if appropriate training has been provided for the 19 position tested and there are no successful candidates a second test will be given and if there are 20 still no successful candidates for these positions, management has the right to hire outside of the 21 Meridian Fire Department to fill the open position(s). All promotional examinations shall be 22 given and vacancies filled within 94 days. 23 It shall be the exclusive responsibility of the DEPARTMENT to determine bona fide 24 occupational requirements within the meaning of this Article. 25 26 ARTICLE 15 — PROMOTIONS 27 Eligibility tests for promotion and newly created positions shall be based on 28 examinations given. To be considered for promotion the employee must have served one 29 continuous year in the previous position. All promotional lists will become effective June I' of 30 the year that they are given and will expire on May 31't of the year that the subsequent test is 31 given. COLLECTIVE LABOR AGREEMENT — Page 11 of 21 I Examinations will be given once every two (2) years for Drivers; and will be given in the 2 spring of each year. For the positions of Captain of Suppression, the examination will be given 3 every two (2) years in the spring. For the position of Captain Fire Inspector no scheduled test 4 will be held during the term of this agreement unless it is to fill a vacancy. In the next contract 5 negotiation the parties may re -visit the possibility of setting a regular testing schedule. The 6 testing for Drivers will be in even numbered years and for Officers in odd numbered years, or as 7 needed 8 A designated bibliography and defined scoring criteria for the positions being tested shall 9 be given to the eligible candidates a minimum of ninety (90) days prior to the test date. 10 In the event of an opening/vacancy for a position in which there are no qualified 11 candidates on the current promotion/eligibility list of that position, a special test may be given, 12 by mutual consent of both parties, to fill the vacancy/opening. 13 All examinations shall be impartial and shall relate to those matters which will test fairly 14 the candidate's ability to discharge the duties of the position to be filled. 15 It shall be the exclusive responsibility of the DEPARTMENT to determine bona fide 16 occupational requirements within the meaning of this Article. The DEPARTMENT shall be the 17 sole judge of skills, qualifications and ability. Seniority for promotions will be one-half (1/2) 18 point per year of service up to the maximum of five (5) points. Promotional examinations shall 19 consist of a written test and assessment center. A minimum of 70% will be required to pass each 20 portion of the promotional examination. Seniority points will be added after successfully 21 passing the examination. The following formula will be used to determine the candidate's final 22 score on promotional examinations. 23 24 Example: 81.0% Written Examination 25 + 75.0% Assessment Center 26 /2= 78.0% 27 + 4.0 Seniority Points (8 year's service) 28 82.0 Final Score 29 30 ARTICLE 16 — GRIEVANCE PROCEDURE 31 Disputes or differences arising between the DEPARTMENT and the UNION and/or 32 individual members of the Fire Department as to the meaning or application of any provision of COLLECTIVE LABOR AGREEMENT — Page 12 of 21 1 the Agreement or of the Rules and Regulations of the Fire Department (as provided in Article 8), 2 relating in any way to employees' wages, hours and /or conditions of employment, shall be 3 settled in the manner provided herein. For the purpose of this provision, such a dispute or 4 difference shall be referred to as a "Grievance." 5 Step One: Any employee who has a grievance shall notify the Union Grievance b Committee in writing within ten (10) business days from the date of the grievance, or ten (10) 7 business days from the time the employee, through reasonable diligence, should have been aware 8 of it. The Union Grievance Committee, hereinafter referred to as UNION, shall within the next 9 ten (10) business days determine if the grievance has merit. If in its opinion, the grievance does 10 not have merit, no further action shall be necessary. 11 Step Two: If it is the opinion of the UNION that a valid grievance exists, the UNION 12 shall present the grievance in writing to the Fire Chief within ten (10) business days after their 13 decision. All parties to such discussion will make a good faith effort to resolve the grievance. 14 The Fire Chief thereafter shall give his/her reply in writing within ten (10) business days from 15 the receipt of the written grievance. 16 Step Three: If the grievance has not been resolved in Step Two, the UNION shall 17 present the grievance in writing to the DEPARTMENT within ten (10) business days from the 18 receipt of the Fire Chief s written reply. All parties to such discussion will make a good faith 19 effort to resolve the grievance. The DEPARTMENT thereafter shall give its reply in writing 20 within ten (10) business days. 21 Step Four: If the grievance has not been resolved at the appropriate lower Step(s), either 22 the UNION or DEPARTMENT may within ten (10) business days refer the grievance to an 23 Arbitrator by serving written notice upon the other. 24 The UNION and the DEPARTMENT shall both select an individual to represent their 25 interests in the grievance process. The individuals may not be members of, or employees of 26 either the UNION or the DEPARTMENT. These two individuals shall request Director of the 27 Department of Labor and Industrial Services of the State of Idaho to supply a list of seven (7) 28 proposed arbitrators, none of the seven (7) shall be individuals that have represented either the 29 UNION or the DEPARTMENT. Within five (5) business days after receipt of this list the 30 UNION'S representative and the DEPARTMENT'S representative shall select an Arbitrator by 31 alternately striking one (1) name at a time from the list until only one (1) name remains. The COLLECTIVE LABOR AGREEMENT — Page 13 of 21 1 party striking the first name shall be determined by a coin toss. Both parties shall accept the 2 name remaining on the list as the Lead Arbitrator. 3 The Arbitration Board shall conduct a hearing and shall render a decision in writing, 4 which shall be final and binding on both parties, subject only to the parties' right to seek 5 vacation or modification to the Arbitration Board award pursuant to the provisions of Chapter 9, 6 Title 7 Idaho Code. 7 The Arbitration Board shall have only such jurisdiction and authority to interpret and 8 apply the provisions of the Agreement as shall be necessary to the determination of the 9 arbitration issue. The Arbitration Board shall not have any power to add or subtract from, 10 modify or alter in any way, the provision of this Agreement. The cost of arbitration shall be 11 borne wally by the CITY and UNION 12 13 ARTICLE 17 - NO STRIKES — NO LOCKOUT 14 Upon the consummation and during the term of this Agreement, no member of the Fire 15 Department covered by this Agreement shall strike or recognize a picket line of any labor 16 organization while in the performance of his/her official duties, in accordance with Idaho Code 17 Section 44-1811. 18 It is mutually agreed that there shall be no strike authorized by the UNION and no 19 lockout authorized by the CITY, except for the refusal of either party to submit to or abide by the 20 grievance procedure set forth herein. No picket line, at or around the City's property, established 21 by any other person or organization shall be sanctioned or honored during the term of this 22 Agreement. 23 The UNION agrees that as part of the consideration for this Agreement, it will, within 24 twenty-four (24) hours take steps to end any unauthorized work stoppages, strikes, slow -downs 25 or suspensions of work, instructing their members to work immediately. The UNION agrees that 26 it will not assist employees participating in unauthorized work stoppages, strikes, slow -downs or 27 suspensions of work. For purposes of this section, the term "strike" shall include a cessation or 28 stoppage of work, slow -down, sit-in and picketing of the City's premises. 29 30 31 32 COLLECTIVE LABOR AGREEMENT — Page 14 of 21 Ll E 1 ARTICLE 18 - UNIFORMS AND PERSONAL FIREFIGHTING EQUIPMENT 2 ALLOWANCE 3 The CITY and the UNION believe that professionalism and pride in the City and the Fire 4 Department are a significant part of a superior fire service. Both the CITY and the UNION 5 believe that the attire of the firefighter and their conformance with professional appearance helps 6 achieve the goals of a superior organization. All uniform and work attire shall be clean and 7 appropriately pressed or maintained. It shall be within the discretion of either the Company 8 officer or the Fire Chief to determine if an article of clothing is no longer serviceable for wear on 9 duty. 10 All employee uniforms shall meet National Fire Protection Association (N.F.P.A.)1975 11 minimum requirements for station uniform wear. The brand, style, materials and color of 12 uniforms shall be reviewed annually by the Uniform Committee. The Committee shall be 13 comprised of two (2) UNION members and one (1) member of management designated by the 14 Fire Chief. The Committee may recommend changes, but the final decision shall be at the 15 discretion of the Fire Chief 16 Under this article the CITY and the UNION have agreed to the specific clothing that is to 17 be purchased for "recruits", "first year", "second year", third year and beyond" firefighters. The 18 City will provide the "recruit" attire. The City shall provide an allowance of $725.00 annually 19 for first year employees and beyond. The first year and second year purchases shall be confined 20 to the items specified in Appendix "C". Third year and beyond employees shall be able to 21 purchase station uniform wear or personal firefighting equipment for on -duty use ( i.e. 22 flashlights, fire fighting tools or equipment, etc. ) that have been agreed to by the CITY and the 23 UNION and are contained in APPENDIX "C" of this agreement. The reference to years shall be 24 based on fiscal years of the CITY. No additional purchases beyond the items contained on the 25 list will be paid for or reimbursed for, if purchased. 26 As long as the items purchased are used and consumed during the normal course of 27 employment, the City will allow the firefighter to maintain the station wear and equipment 28 personally. 29 The CITY will be responsible to acquire the necessary vendors for the specific items on 30 the clothing and equipment list and ordering all the items. The City will make two general 31 offerings for purchasing of uniforms and equipment during a fiscal year. These dates are not 32 fixed and may be flexible based upon hiring and need. The UNION will be responsible to COLLECTIVE LABOR AGREEMENT — Page 15 of 21 1 acquire all the necessary ordering information and accounting for the totals attributable to each 2 UNION member's purchases. The UNION will provide the CITY with all that information to 3 account for each UNION members purchases and the City will pay the invoices for these twice a 4 year purchases. Any unspent monies per individual firefighter remaining at the end of the fiscal 5 year will be waived 6 7 ARTICLE 19 - HOURS OF WORK AND DESIGNATED WORK PERIODS 8 19.1 Suppression Personnel (Twenty-four (24) hour shift employees) 9 The designated work period for all twenty-four (24) hour shift employees covered under 10 this Agreement shall be on a twenty-seven (27) day cycle with coverage at 216 hours. Under the 11 Fair Labor Standards Act (FLSA) 204 actual hours worked will be paid at the regular hourly rate 12 and twelve (12) hours paid at the overtime rate if no excluded hours under the Act has been 13 taken. Overtime shall also be paid for time worked off the Firefighter's normally scheduled 14 shift, other than a "shift trade." 15 The regular work schedule for twenty-four (24) hour shift employees shall be three (3) 16 shifts on duty every other day and four (4) days off. A shift shall be twenty-four (24) hours of 17 duty, starting at 0700. For illustrative purposes, the regular work schedule for suppression 18 personnel is listed below with an X representing an on -duty shift and a Y representing and off - 19 duty shift. 20 21 YXY1XYYYY 22 19.2 Fire Inspector Personnel (Forty (40) hour per week employees) 23 The regular work week shall be scheduled Monday through Friday, 8:00 a.m. to 5:00 24 p.m. with a one (1) hour lunch break included. Any time worked over forty (40) hours per week 25 shall be paid at a rate of time and one-half of the employee's hourly wage to the next % hour for 26 the actual hours worked. When circumstances dictate, the Chief reserves the right to flex this 27 schedule to meet the Department's needs. As a courtesy, the affected employee will be given 28 one (1) week's notice of the schedule change, unless the change is unforeseen. In an unforeseen 29 circumstance the Chief has the right to change the schedule to meet the need, but once the 30 circumstance is over, the schedule will be returned to normal. 31 32 COLLECTIVE LABOR AGREEMENT — Page 16 of 21 1 ARTICLE 20 — BEREAVEMENT LEAVE 2 In the event of a death in the twenty-four (24) hour shift employee's immediate family, 3 they shall be entitled to forty-eight (48) consecutive shift hours off for bereavement leave. 4 Additional leave may be granted from sick leave, accrued vacation leave or unpaid leave of 5 absence at the discretion of the Chief or designee. 6 In the event of a death in the forty (40) hour per week employee's immediate family, they 7 shall be entitled to three (3) consecutive workdays off for bereavement leave Additional leave 8 may be granted from sick leave, accrued vacation leave or unpaid leave of absence at the 9 discretion of the Chief or designee. 10 For purposes of this article, immediate family shall be defined as current spouse, 11 children, parents, in-laws, brother, sister, grandparents, or grandchild of the employee. In-laws 12 are defined as a father, mother, or grandparents of current spouse, or sister and brother in-law of — 13 the employee. Adopted or "step" relationships will be considered same as any other family 14 relationship. 15 16 ARTICLE 21— ADDITIONAL DUTY AND COMPENSATION 17 Any firefighter reporting for duty while off-duty shall have all of the benefits that he/she 18 would normally have while on his/her regular tour of duty. All additional compensation 19 accumulated by a firefighter shall be due and payable in their next pay period 20 21 21.1 Definition of Overtime, Scheduled Overtime, and Compensation 22 Overtime pay shall be paid as defined by Article 19 of this agreement. Scheduled 23 overtime shall be when a firefighter is requested to return to work for any meetings, training, 24 shifts or any other reason deemed necessary by the department that is scheduled or planned. 25 Firefighters shall receive overtime pay at one and one-half times (1 1/2) his/her normal 26 rate of pay for all overtime or scheduled overtime worked. 27 28 21.2 Definition of Call Back and Compensation 29 Call Back shall be when a firefighter is requested to return to work by the 30 DEPARTMENT at a time that the firefighter was not scheduled to work. 31 The firefighter shall receive a minimum of four (4) hours of pay, from the time they 32 receive the call, for a call back. Additional calls during that initial four (4) hours will not be COLLECTIVE LABOR AGREEMENT — Page 17 of 21 • 0 1 further compensated. Any time worked after the first four (4) hours will be compensated in one - 2 half (1 /2) hour increments, rounded up. Any firefighter reporting for duty while off-duty shall 3 have all of the benefits that he/she would normally have while on his/her regular tour of duty. 4 All additional compensation accumulated by a firefighter shall be due and payable in their next 5 pay period 6 Overtime pay shall be paid as defined by Article 19 of this agreement. 7 Firefighters shall receive overtime pay at one and one-half times (1 1/2) his/her normal 8 rate of pay for all overtime worked. 9 10 21.3 Definition of Holdover and Compensation 11 Holdover shall be when a firefighter regularly scheduled duty is extended from the end of 12 the shift by the DEPARTMENT. 13 Any time worked as holdover will be compensated in one-half (1/2) hour increments, 14 rounded up to the next half-hour. 15 16 ARTICLE 22— WORIONG OUT OF CLASSIFICATION 17 All employees of the DEPARTMENT covered by this Agreement, who have tested and 18 are qualified as to meeting the eligibility requirements set forth by this Agreement, and are on 19 the current eligibility list for promotion to the higher ranked position, when necessary, must 20 accept, and assume the duties of the higher ranked position when it is available. No more than 21 one person working in a higher ranked position will be allowed on a company at a time, unless 22 an extreme or emergency situation exists. 23 After the completion of the promotional exams the employee may opt to remain on the 24 eligibility list or may choose to be removed at that time. At any time during the life of the 25 eligibility list the employee may opt, at their sole discretion, to have their name removed. In 26 either circumstance removal from the list will be final and the employee may re -test during the 27 next testing period for promotion to that grade. 28 The right to use personnel will be current full-time department personnel working out of 29 classification in a higher or lower ranked position, as set forth above. If an employee were to 30 work in a lower ranked position they would be paid at their current rate, not the lower wage. 31 Each employee assuming the higher ranked duties shall be paid at the wage scale of the higher 32 position or rank, for the time worked at that position or rank. Any time worked out of COLLECTIVE LABOR AGREEMENT — Page 18 of 21 0 E 1 classification will be compensated in one-half (1 /2) hour increments, rounded up to the next half - 2 hour. 3 4 ARTICLE 23— STAFFING 5 The DEPARTMENT maintains the right to assignment and staffing of stations, engines, 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 and companies. Employees will be able to request station and shift assignments annually on a seniority basis. The method to request and selection will be established by seniority. The DEPARTMENT retains the final authority for all staffing and shift assignments. Minimum Staffing at each station will be either three (3) or four (4) personnel dependent on the assigned apparatus to the station. Personnel assigned to a station may be used to cross - staff various types of apparatus. Brush trucks, water tenders and reserve apparatus are not required to be staffed on a daily basis. Apparatus standards shall be the following: Engine Companies 1 Captain 1 Driver 1 Firefighter Brush Truck Companies 1 Captain 1 Firefighter Water Tender Companies 1 Driver 1 Firefighter The UNION and the CITY acknowledge that the CITY may be, in the future, purchasing a Ladder Truck/Quint. In this event, a Truck Company shall consist of: 1 Captain 1 Driver 2 Firefighters Any additional firefighters on staff above the minimum as listed above will be used to increase the staffing of the engines/truck or staff extra apparatus. Whenever circumstances exist that causes an apparatus to fall below that minimum, management reserves the right to re -assign personnel (including select qualified command officers at the Chief's discretion), exercise "call-back", exercise "holdover", exercise "working out of classification", or in extreme emergency circumstances, take an apparatus out of service COLLECTIVE LABOR AGREEMENT — Page 19 of 21 0 0 1 temporarily until appropriate personnel are available. Stations or Apparatus will only be taken 2 out of service long enough to return the necessary personnel to staff them. 3 As of the effective date of this contract, the Meridian Fire Department operates four (4) 4 Engine Companies. As future stations are opened, they will be staffed by additional Engine 5 and/or Trucks Companies, as decided by the CITY, using this same staffing configuration above 6 unless mutually agreed to a change by the UNION and the CITY. 7 8 ARTICLE 24 — SALARIES 9 Wages for all UNION members shall be as fixed and set forth in APPENDIX A, attached 10 hereto. 11 12 ARTICLE 25 — ALCOHOL & DRUG POLICY 13 The DEPARTMENT and its UNION members agree to abide by the City of Meridian's 14 Alcohol and Drug Policy. The policy in effect at the time of the execution of this contract is 15 included in this agreement as APPENDIX B. It is agreed that changes made to this policy, shall 16 not apply to the UNION without written consent of its members. 17 18 ARTICLE 26 — SAVINGS CLAUSE 19 If any provisions of this Agreement or the application of such provision should be 20 rendered or declared invalid by any court having jurisdiction, or by reason of any existing or 21 subsequently enacted legislation, the remaining parts or portions of this Agreement shall remain 22 in full force and effect. 23 24 ARTICLE 27 — EFFECTIVE DATE 25 The Collective Labor Agreement shall become effective October 1, 2007 and remain in 26 full force and effect through September 30, 2010. 27 The parties agree to re -open negotiations in 2009 in the manner described in the Idaho 28 Code for bargaining, currently Idaho Code 44-1804, for the sole purpose of discussing wages 29 only. No other conditions or Articles of this Agreement may be considered without the mutual 30 consent of both the CITY and the UNION. If a change to wages is agreed upon by the parties it 31 may be incorporated into this agreement as an addendum. COLLECTIVE LABOR AGREEMENT — Page 20 of 21 I Additionally, this agreement may be re -opened at any time for negotiations on any 2 mutually agreed upon item(s), pursuant to the procedures set forth in Chapter 18, Title 44, Idaho 3 Code. This may include items contemplated within this agreement that may require amendment 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 or change during the course of this Agreement. DATED AND SIGNED this day o�Pne,2007. CITY OF MERIDIAN IAFF LOCAL #2311, MERIDIAN CHAPTER By: /�l" By: T e Weerd yler Rountree ayor Vice -President ATTEST: 0 SMAL By: 9 William G. Berg, Jr. City Clerk ''''���POPIPPPIPI 111111i�����s�a COLLECTIVE LABOR AGREEMENT — Page 21 of 21 i 0 APPENDIX A All "Firefighter" levels listed below are State of Idaho Certification levels and must be serval in one (1) continuous year before being eligible for promotion pursuant to Article 15, except for Probationary Firefighter, who are eligible for promotion to Firefighter I after six months. Wage Scale -- The job classification and wage rates for employees covered by this Agreement shall be as follows: EFFECTIVE DATES Job Titles 10/1/2007 04%) 10/1/2008 L-IA%1 Introductory/Probationary $13.90 hourly $3,194.54 monthly $38,334.40 annually Firefighter I $15.01 hourly $3,447.52 monthly $41,370.16 annually Firefighter H $17.63 hourly $4,047.94 monthly $48,575.28 annually Firefighter III $19.44 hourly $4,463.24 monthly $53,558.96 annually Driver $20.97 hourly $4,814.24 monthly $57,770.96 annually Captain of Suppression Captain Fire Inspector $23.35 hourly $5,361.38 monthly $64,336.48 annually $30.93 hourly $5,361.38 monthly $64,336.48 annually $14.46 hourly $3,322.32 monthly $39,867.78 annually $15.61 hourly $3,585.42 monthly $43,024.97 annually $18.33 hourly $4,209.86 monthly $50,518.29 annually $20.22 hourly $4,641.77 monthly $55,701.32 annually $21.81 hourly $5,006.81 monthly $60,081.80 annually $24.28 hourly $5,575.83 monthly $66,909.94 annually $32.17 hourly $5,575.83 monthly $66,909.94 annually Education or Certification Pay: All employee's that have furthered their education or expertise, at their own expense, and have acquired the following degrees that are related to the fire service, shall be paid the following amounts monthly in addition to the salaries listed above. Associate's Degree: $25.00 Bachelor's Degree: $50.00 EMT Advanced: $50.00 Master's Degree: $75.00 0 0 The educational degree shall be from a certified or accredited institution of higher learning and approved by the Chief. The EMT Advanced Certification shall be from the State of Idaho. Paramedic Pay: All employees's that are Certified Paramedics by the State of Idaho shall receive the following amount monthly in addition to the salaries listed above: $400.00 This amount shall only be available from Introductory/Probationary level up to and including Driver. Captains and above shall not receive Paramedic pay. All employees that were hired as paramedics shall be required to maintain their certification as a continuing job requirement until they reach the Captain position. • APPENDIX B i CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 7.1 SUBJECT: DRUG AND ALCOHOL POLICY PURPOSE: To outline the goals and objectives of the City's drug and alcohol testing program and to provide guidance to supervisors and employees concerning their responsibilities for carrying out the program. For the purpose of this policy volunteers are stated as employees. This policy applies to all regular full -tune, part-time, introductory, temporary, seasonal or contract employees, volunteer firefighters, police reserve officers and all job applicants. BARGAINING UNIT EMPLOYEES (FIRE) — The collective labor agreement shall govern the alcohol/drug program/policy for Fire department employees who are represented by the bargaining unit. Represented employees should refer to the labor agreement, Appendix B. POLICY: In recognition of the harmful effects that the use of illegal drugs and the misuse of alcohol can have on employees in the workplace, the City of Meridian has a responsibility to provide and maintain a safe, secure, productive and efficient work environment free of the use, We or possession of alcohol and controlled substances. The City of Meridian is committed to promoting and maintaining a drug free work environment for our employees, and members of the general public. Furthermore, the City has an obligation to protect the City's property, equipment, operations and reputation. Being under the influence of alcohol or an illegal drug or improper use of a prescription drug on the job poses serious safety and health risks to the user and to all those who work with the user. The use, sale, purchase, transfer, or possession of an illegal drug in the workplace, and the use, possession, or being under the influence of alcohol in the workplace also poses unacceptable risks for safe, healthful, and efficient operations. This Drug -Free Workplace Policy is not intended to replace or supersede testing, reporting, and procedures mandated by federal and state rules, regulations or laws that relate to the maintenance of a workplace free from alcohol and illegal drugs. The City requires compliance with this policy as a condition of employment for qualified applicants or for continued employment for all City employees and volunteers. AUTHORITY & RESPONSIBILITY: The Human Resources Director shall be charged with interpreting and administering and interpreting this policy to the extent necessary to 0 clarify it. Supervisors and department heads are responsible to ensure compliance to this policy within their areas of responsibility. PROCEDURES AND RELATED INFORMATION I. PROHIBITED ACTIVITIES I_a 1. Employees are expected to work alcohol and drug free in order to enable safe and efficient job performance. 2. The use, sale, distribution, manufacture, purchase, transfer, storage, or possession of alcohol or illegal drugs, paraphernalia or the unauthorized use of prescription drugs or any combination thereof, while on City premises, in City vehicles, while operating City equipment, at a job site during work hours or in the scope and course of City employment t p strictly prohibited Any violation of this policy is grounds for disciplinary action, up to and including termination. 3. Employees who report to work and are suspected of being under the influence of alcohol or drugs will not be allowed to drive themselves home or elsewhere. Refusal to comply with this rule may result in immediate termination. 4. Department Heads will have authority to determine if the possession of alcohol, drugs or paraphernalia is within acceptable circumstances or guidelines. B. Off -Duty 1. The off-duty conduct of any employee which results in a criminal conviction for the possession, use, sale, manufacture or distribution of illegal drugs will be subject to discipline up to and including termination. 2. Employees who are acquitted will be returned to work with back pay, if applicable. 3. Any employee convicted of violating a criminal drug statute on or away from the workplace must inform the City of such conviction (including pleas of guilty and nolo contendere) within five days of the conviction. Notification must be made to the employee's supervisor or the Human Resources Director. Failure to inform the City subjects the employee to disciplinary action up to and including termination. H. MEDICATION PRESCRIBED BY PHYSICIAN A. The use of drugs/medicine prescribed by a licensed medical practitioner will be permitted provided that it will not and in fact does not affect work performance, nor will it impair the employee's ability to safely operate equipment or machinery. The City reserves the right to have a licensed medical practitioner 0 who is familiar with the employee's medical history and assigned duties determine if use of the prescription drug will produce effects which will increase the risk of injury to the employee or others while working. If such a finding is made, the City may limit or suspend the work activity of the employee during the period that the medical practitioner advises that the employee's ability to perform his or her job safely may be adversely affected by such medication. Any employee who has been informed by his/her physician that the prescription drug could cause adverse side effects while working must inform his/her supervisor prior to using the medication on the job. B. Employees must not consume prescribed drugs more often than as prescribed by the employee's physician and they must not allow any other person to consume the prescribed drug. III. DISCIPLINE A. Any employee who possesses, distributes, sells, attempts to sell, or transfers illegal drugs on the City of Meridian's premises or while on City business will be subject to discipline up to and including termination. B. Any employee who is found to be in possession of or under the influence of alcohol in violation of this policy will be subject to discipline up to and including termination. C. Any employee who is found to be in possession of drug paraphernalia in violation of this policy will be subject to discipline up to and including termination. D. Any employee who is found through alcohol or drug testing to have in his or her body system a detectable amount of alcohol or an illegal drug as defined by this policy will be subject to discipline up to and including termination. Employees voluntarily participating in an alcohol/drug rehabilitation program recommended by the EAP will not be subject to discipline for participation in the program. If the employee is required to participate in an alcohol and/or drug program the Employee Assistance Program will notify Human Resources when an employee has completed the rehabilitation program. Prior to returning back to work an employee must have a negative test result and after an employee returns to work, he/she will be subject to unannounced drug and alcohol testing for a period of six (6) months. A single positive test result or failure to successfully complete the recommended rehabilitation program will be grounds for disciplinary action up to and including termination. E. Any employee who refuses to submit to an alcohol or drug test under the terms of this policy will be subject to discipline up to and including termination. F. Employees who are required to participate in the City's Employee Assistance Program (EAP) will be subject to termination for the following policy violations: rkv 1. Failure to contact the EAP within five (5) working days after notification of a positive test result. 2. Refusal or unexcused failure to participate in counseling or the EAP program. 3. Abandonment of a treatment program prior to completion and being released. EMPLOYEE ASSISTANCE PROGRAM & SELF REFERRAL A. The City recognizes that alcohol and chemical dependency are highly complex problems that can be successfully treated. Any employee needing help in dealing with these problems is encouraged to use the City's Employee Assistance Program (EAP) and the benefits available through the City's medical plan. The Human Resources Department has brochures and cards on the EAP program. B. Self- Referral 1. Rehabilitation assistance in lieu of discharge may be offered: 2. Any employee, who identifies him/herself to have an alcohol or drug problem, provided that the request is made prior to violation of the City's alcohol and drug policy. Employees who self refer to the Employee Assistance Program (EAP) will not be subject to disciplinary action for voluntarily requesting help due to alcohol & drug problems. A request for rehabilitation may not be made in order to avoid the consequences of a positive alcohol or drug test result or to avoid taking an alcohol or drug test when requested to do so under the terms of this policy. 3. To an employee who obtains counseling, evaluation and rehabilitation treatment recommended through the City's Employee Assistance Program (EAP). 4. An employee who is in rehabilitation or who has completed rehabilitation will be allowed to return to work upon presentation of a written release signed by a license physician or recognized rehabilitation professional. An employee retuning to work after treatment may return to work after taking and passing an alcohol and/or drug test. Employees who undergo a counseling or rehabilitation program will be subject to unannounced testing following completion of such a program for a period of six (6) months. 5. Employees who are referred to outpatient and/or in-patient alcohol or drug rehabilitation will be expected to do so at their own expense, (with the exception of those expenses covered by the City's health insurance program) on their own time or during a leave of absence, covered under the Family Medical Leave Act (FMLA) or during a non -paid leave of absence approved by the City. 6. Affected employees shall, whenever possible, schedule outpatient rehabilitation treatment during times that will not conflict with the employee's work schedule, provided however, employees will be allowed to use vacation or sick leave, or unpaid leave, if outpatient rehabilitation treatment cannot be scheduled other than during their regular work schedule. C. Involuntary Referral When an employee tests positive for alcohol or drug use (or is identified as being under the influence of alcohol or drugs at work) as identified in the City's Alcohol and Drug policy the employee will be sent to the City's EAP program for assessment, and treatment planning. V. EDUCATION A. Supervisors and other management personnel will be trained in: 1. Overall City policy; 2. Detecting the signs and behavior of employees who may be using alcohol or drugs in violation of this policy; 3. Recognizing and intervening in situations that may involve violations of this policy, 4. EAP intervention, procedures and supervisor's role; 5. Documentation of employee performance and behavior. B. Employees will be trained and informed of 1. The health and safety dangers associated with alcohol and drug use; 2. The provisions of this policy through employee meetings and employee orientation. VI. TESTING PROCEDURES A. PRE-EMPLOYMENT TESTING 1. All applicants given a conditional offer of employment will be required to submit to testing for the presence of alcohol and illegal drugs. The offer of employment is contingent upon a negative alcohol and drug test result. A conditional offer of employment will be rescinded for any applicant who tests positive for the presence of alcohol and/or illegal drugs. 2. An applicant will be notified of the City of Meridian's alcohol and drug testing policy prior to being tested; will be informed in writing of his or her right to refuse to undergo such testing; and will be informed that the consequence of refusal is termination of the pre-employmcnt process. 3. An applicant will be provided written notice of this policy, and by signature will be required to acknowledge receipt and understanding of the policy. B. REASONABLE BELIEF TESTING 1. An employee will be tested for alcohol and illegal drugs, or the abuse of prescription medication, when the employee manifests "reasonable belief' behavior that would endanger their well being, as well as the safety of fellow employees or the general public. The basis of suspicion of alcohol or drug abuse may be a specific, contemporaneous event, or conduct -evidencing impairment observed over a period of time. 2. An employee who is tested in a "reasonable belief' situation will be put on administrative leave with pay pending receipt of written tests results and whatever inquiries may be required. C. POST- ACCIDENT TESTING 1. Any employee involved in a work-related accident will be tested for the use of alcohol and illegal drugs, as soon as possible after the accident, preferably within four (4) hours. Examples of conditions that will require an employee to take an alcohol and drug test include, but are not limited to, accidents, that result in: a. A fatality, personal injury, or injury to another person requiring transport for medical treatment away from the site of the accident; b. Damage to equipment or property owned by the City, or by a third party, that is estimated to exceed $500. c. Damage to a City vehicle that is estimated to exceed $2000. 2. An employee who is seriously injured and cannot provide a specimen for testing will be required to authorize the release of relevant hospital reports, or other documentation, that would indicate whether there were alcohol or drugs in his/her system at the time of the accident. Any employee required to be tested under this section must remain readily available for such testing and the employee may not consume any alcohol or illegal drugs. 3. If it is determined by management that an employee's accident was caused by the actions of another, and that there were no unsafe acts on the part of the employee, the City reserves the right to waive post -accident testing of the employee. Employees who are involved in a work-related accident requiring medical treatment are to immediately inform their supervisor of the accident, so that any needed alcohol or drug testing may be promptly conducted in conjunction with their medical treatment. D. RANDOM TESTING 1. Department Heads and employees in sensitive positions will be subject to random alcohol and drug testing. For purpose of this policy, a sensitive position will be defined as a position in which the duties that are performed as a regular part of the job could reasonably expect to affect health, safety and security of other City employees or the general public. 2. Sensitive positions are those that require an employee to: 0 • a. Carry firearms; b. Have custodial responsibility for illegal drugs; c. Perform emergency medical, lifesaving, and/or fire suppression activities. d. Have supervision over children in the absence of their parents or adult guardians; e. Have access to homes and/or businesses in the City; f. Handle hazardous materials that if mishandled, place City employees and/or the general public at risk of serious injury. 3. The job functions associated with these positions directly and immediately relate to public health and safety, the protection of life, and law enforcement. 4. Random tests will be unannounced and occur throughout the calendar year. Random selections will be made by a scientifically valid method that will result in each employee having an equal chance of being tested each time selections are made. The Human Resources Director will notify _ the individual's supervisor and the individual selected for random testing on the same day the test is scheduled. The supervisor will be notified within two hours of the scheduled testing and the employee will be notified immediately preceding the scheduled testing. Upon notification, the employee shall proceed immediately to the testing site and at the City's discretion; employees may be transported or escorted to the testing site. 5. The annual number of random tests will be no more than fifteen percent (15%) of the average number of employees subject to random testing for alcohol and illegal drugs. 6. In implementing the program of random testing the City shall evaluate periodically whether the numbers of employees tested and the frequency with which those tests will be administered satisfies the City goal of achieving a drug-free work force. E. VOLUNTARY RANDOM TESTING As part of the City's alcohol and drug free workplace program, employees not in designated sensitive positions may volunteer for random testing. Employees who are interested in participating in this program should contact Human Resources to obtain a volunteer random consent form. Participation in this program is not a condition of continued employment with the City and volunteers will be subject to all provisions, conditions and procedures of the random testing policy. F. CDL TESTING In compliance with the Department of Transportation (DOT) ruling 49 CFR parts 40 and 382, pre-employment, random, reasonable belief and post accident drug and alcohol testing shall be required for employees in positions that require a Commercial Drivers License. VII. DRUG /ALCOHOL SPECIMEN COLLECTION/TESTING PROCEDURES rra C. 0 Specimen Collection Procedure 0 1. When a prospective or present employee is notified that he/she is to submit to alcohol and drug testing he/she will be given instructions regarding where and when to report for tests, or at the City's discretion an employee may be transported or escorted to the place of collection. A collection specialist who has been trained in collection procedures will conduct all specimen collections. Testing will be done in accordance with approved collection procedures. 2. All specimens will be tested for the presence of alcohol and illegal drugs. All specimens tested for illegal drugs will be done by urine analysis. Alcohol testing will be done by a Breath Alcohol Technician (BAT) employed by the collection facility that is trained in operation of an evidential breath -testing device (EBT). If an individual is unable to take a breath -test due to a medical condition then a blood test will be administered. Adulteration Or Submission Of Concealed Specimen 1. If during the collection procedure, the collection monitor detects an effort by the prospective employee or an employee to adulterate or substitute a specimen, a second specimen will be requested. If a second specimen is provided, both will be tested. If the second specimen is refused, the collection monitor will inform the Human Resources Director or his/her designee that the donor refused to submit a true specimen. Such substantiated conduct will be considered equivalent to testing positive and the prospective employee will not be offered employment or a present employee will be terminated from further employment with the City. 2. In the event that a prospective or current employee submits a specimen that the laboratory later identifies as a diluted specimen, the City will advise the prospective or current employee of that finding and request that he/she submit a second specimen. Such donors will be advised by the City not to drink any fluids prior to the test. Testing and Confirmation 1. The cut-off levels for all Non -Dot testing is as follows: Drug Class Screening Confirmation Amphetamine Family 1000 ng/ml 500 ng/ml Cocaine 300 ng/ml 150 ng/ml Phencyclidine (PCP) 25 ng/ml 25 ng/ml Marijuana 50 ng/ml 15 ng/ml Opiates 2000 ng/ml 26 ng/ml 2. The cut-off for alcohol concentration will be on two levels. Any employee who tests above a level of 0.02 BAC and up to 0.039 BAC may be subject to discipline, will not be allowed to work for at least 24 hours and must have a negative test result before returning to work. Any employee who 0 • tests at or above 0.04 BAC is considered to have tested positive and is considered to be under the influence of alcohol. Positive alcohol tests resulting from the breath test will include a confirmatory breath test conducted no later than fifteen (15) minutes atter the initial test; or the use of any other confirmatory test can be used that demonstrates a higher degree of reliability. 3. Any specimen that screens positive for the presence of illegal drugs will be confirmed by the Gas Chromatography/Mass Spectrometry (GC/MS) confirmation method. Any employee who tests positive for illegal drugs or prescription medication may request to obtain an independent test using the remaining portion of the urine specimen that yielded the positive result. The retest is at the applicants or employees own expense (unless those expenses are covered by the City insurance program). This request must be conveyed to the MRO within 48 hours of the employee being notified of the positive test result. 4. During the time the second test is being conducted, the pre-employment selection process for an applicant will be placed on hold. An employee already working for the City will not be allowed to work. If the retest reverses the positive result, the City shall reimburse the cost of the retest and any lost of compensation and benefits that is incurred as a result of the initial positive test results. The City will have no liability to any employee for errors or inaccurate test results. VIII. TEST RESULT NOTIFICATION A. All results received from the laboratory will be forwarded to the office of the accredited collection agency for the purpose of their providing medical review officer services. When a test shows a positive test result the employee or applicant will be contacted by the Medical Review Officer (MRO) and will be given the opportunity to provide an explanation for the positive result. The MRO may choose to conduct employee medical interviews, review employee medical history, or review any other relevant biomedical factors. After the employee has been provided an opportunity to consult with the Medical review officer and the MRO determines that the test is positive the City will be notified. The collection agency will only report results to the Human Resource Director or his/her designee. B. Any employee who is taking a prescription drug that may have been the cause of a positive test result will be asked to provide the name of the medication and the identity of the prescribing physician for verification. If the MRO determines that the positive test result was due to authorized use of prescription medication, he/she will immediately report a negative finding to the Human Resource Director or his/her designee and no further action will be taken. However, if an employee cannot provide a reasonable explanation for his/her positive test result, and the Medical Review Officer (MRO) finds no reason to doubt the validity of the positive test, the Human Resources Director or his/her designee will be notified of 0 0 the positive test result and disciplinary action will be taken consistent with the terms of this policy. IX. REFUSAL Any employee who refuses to be tested, or fails to provide a specimen or information as directed under the terms of this policy, will be subject to discipline up to and including termination. X. EFFECT OF TESTING POSITIVE A. Any prospective employee who tests positive for alcohol or illegal drugs will not be offered employment. Any introductory, temporary or seasonal employee who tests positive for illegal drugs or alcohol will be terminated B. Any classified employee (as defined under the City of Meridian's employment classifications) that tests positive for alcohol or illegal drugs, will be subject to disciplinary action consistent with the terms of this policy. (Refer to the disciplinary section of this policy). XI. CONFIDENTIALITY All information relating to drug or alcohol testing or the identification of persons as users of alcohol and drugs will be protected by the City as confidential and given out on a need to know basis, unless otherwise required by law, over-riding public health and safety concerns, or authorized in writing by the person in question. XII. CONCLUSION The terms of this alcohol/drug free workplace policy are intended to achieve a work environment where employees are free from the effects of alcohol and/or drugs. Employees should be aware that the provisions of this policy may be revised when necessary. The City anticipates that by implementing an alcohol and drug free workplace policy, its employees will enjoy the benefits of working in a safer, more secure, and more productive work environment. The City also anticipates that the provisions of this policy will help maintain and promote the health, welfare and safety of the general public. XIII. DEFINITIONS i. Alcohol: means any beverage that contains ethyl alcohol (ethanol), including but not limited to beer, wine and distilled spirits. ii. Applicant: Any individual tentatively selected for employment with the City. City REgmises or QV facilities: for the purpose of this policy means all property of the City of Meridian including, but not limited to, the offices, facilities, land, and surrounding areas on the City's owned or leased property, parking lots, and storage areas. The term also includes the City's owned or leased vehicles and equipment wherever located. 0 0 iv. Drug Paraphernalia: Drug related paraphernalia is any unauthorized material or equipment or item used or designed for use in testing, packaging, storing, injecting, ingesting, inhaling, or otherwise introducing into the human body an unauthorized substance. V. Drug testing: means a urinalysis taken for the purpose of determining whether drugs are in the person's system or any other testing the City deems appropriate and reliable. vi. E to ee Assistance Program AP : A contract -based counseling program that offers assessment, short-term counseling, and referral services to employees for a wide range of alcohol, drug, and mental health problems and monitors the progress of employees while in treatment. vii. Illegal drug: means any drug as defined by section 802 (b) of Title .21 of the United States Code which is not legally obtainable under chapter 13 of that title. Examples of illegal drugs are cannabis substances, such as marijuana and hashish, cocaine, opiates, phencyclidine (PCP), and so-called designer drugs and look- alike drugs or use of a legal drug not prescribed to the employee. Viii. Legal drug means any prescribed drug or over-the-counter drug that has been legally obtained and is being used for the purpose for which prescribed or manufactured. ix. Medical Review Officer: An independent licensed physician who has knowledge of substance abuse disorders and the appropriate medical training to interpret and evaluated all positive test results together with an individual's medical history and any other biomedical information. X. Reasonable belief: means a belief based on objective facts sufficient to lead a prudent person to conclude that a particular employee is unable to satisfactorily perform his or her job duties due to suspected drug or alcohol impairment. XL Under the influence: means a condition in which a person is affected by a drug or by alcohol in a detectable manner. A determination of being under the influence can be established by a scientifically valid test, such as a breath test or urinalysis. r� APPENDIX C Recruit First Year Firefighter MFD T -Shirts - 5 Class B Shirt -1 MFD Workout shorts - 3 Polo Shirts - 3 MFD Sweat Pants -2 Work Pants - 3 MFD Baseball Cap -1 Winter Coat -1 "Job Shirk" Pullover -1 MFD T -Shirts - 2 MFD Workout Shorts - 2 Work Boots -1 Badge - 2 Name Plate - 2 Collar Brass - 2 Belt -1 MFD Baseball Cap -1 Optional Equipment 0 Second Year Firefighter Spanner Wrench - 2 Brand - TFT Model # RES-Q-RENCH Class A Complete Uniform - 1 set Polo Shirts - 2 Work Pants - 2 Leather Suspenders -1 pr. Brand - Laughlin Leather Model # N/A Flashlight -1 Brand - Pelican Model # Big Ed Series 3750 Rescue Knife - 1 Brand - Leatherman Model # Wave Leather Duty Helmet -1 Brand - Paul Conway Model - LFH41208 AMHERITAGE Third Year Firefighter and Beyond Polo Shirts - 2 Work Pants -2 • 0 Sharon Smith From: Bill Nary Sent: Friday, June 15, 2007 9:16 AM To: Tara Green; Tammy de Weerd; Will Berg; Len Grady, Brad Watson; Joe Borton; Ted Baird; Michelle Albertson Cc: Emily Kane; Sharon Smith Subject: Re: Agenda Meeting Can you put the Fire Contract as part of a Legal Department report rather than consent agenda. PW needs a Department report to Request Reconsideration of the approval to grant water service to the Vet Clinic on Merdian. The name escapes me, but it was on the last agenda. I don't recall why we needed an exec session on Pre -council. Bill Nary -----Original Message ----- From: Tara Green To: Bill Nary; Tammy de Weerd; Will Berg CC: Emily Kane; Sharon Smith Sent: Fri Jun 15 09:00:49 2007 Subject: Agenda Meeting Good Morning, Here is the agendas for the 19th. We weren't sure if you guys were going to discuss the agenda there (I'm sure you're busy). Here is our VERY long agenda. Please let us know if you need us to change or add anything. Sharon and I will be getting together on agendas. Thanks and have a safe trip back!! Tara Tara Green Deputy City Clerk City of Meridian City Clerk's Office 208-888-4433 Ext. 210 1 E • June 15, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING June 19, 2007 APPLICANT Public Works Department ITEM NO. 6-D-1 REQUEST Request for Waiver of City Services Hook -Up Requirements for Tricia Donoghue with the Treasure Valley Veterinary Hospital at 2600 South Meridian 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: Emailed: COMMENTS See Prevluos Item Packet �ve_ 011v Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 Tara Green From: Scott Steckline Sent: Thursday, May 31, 2007 2:07 PM To: Tara Green Tara. E Page 1 of 1 Please add this to the June 5t' council meeting; the applicant is Tricia Donoghue with the Treasure Valley Veterinary Hospital located at 2600 S meridian Rd Phone number is 888-4844, regarding the redevelopment of the Shackleford property. (Treasure Valley Veterinary Clinic). I have called the applicant to inform her of the date and location. I will also send you all the information I have via city mail. Thank you for your time. Please feel free to contact me in you need more information. Scott SteckHne Development Services Coordinator Meridian Public Works Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 Ph: (208) 898-5500 Fax: (208) 898-9551 E -Mail: Stecklis@meridiancity.org 5/31/2007 0 Scott Steckline From: Scott Steckline Sent: Thursday, May 31, 2007 2:07 PM To: Tara Green Tara. 0 Page 1 of 1 Please add this to the June 5t' council meeting; the applicant is Tricia Donoghue with the Treasure Valley Veterinary Hospital located at 2600 S meridian Rd Phone number is 888-4844, regarding the redevelopment of the Shackleford property. (Treasure Valley Veterinary Clinic). I have called the applicant to inform her of the date and location. I will also send you all the information I have via city mail. Thank you for your time. Please feel free to contact me in you need more information. Scott Steckline Development Services Coordinator Meridian Public Works Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 Ph: (208) 898-5500 Fax: (208) 898-9551 E -Mail: Stecklis cQimeridiancity.org 5/31/2007 f i i 07 OF C� ..._.`�1 erl�in IDAHO �y Fry�R T[teasuae V n�Y t MAYOR Tammy de Weerd April 6, 2007 CITY COUNCIL MEMBERS Keith Bird Shawn L. Nickel Joseph W. Borton Charles M. Rountree SLN Planning, Inc. David Zaremba 148 N. 2"d Street Suite 101 CITY DEPARTMENTS Eagle, Idaho 83616 City Attorney/HR Dear Mr. Nickel; Mailing Address: 33 E. Idaho Ave. Street Address: In response to your recent request for verification of the intent of the City of 703 N.Main Meridian regarding the redevelopment of the Rick and Theresa Shackleford 898-5506 (City Attorney) 898-5503 (HR) property (Treasure Valley Veterinarian Clinic) located at 2600 S. Meridian Fax 884-8723 Road, please accept the following: Fire 540 E. Franklin Road You spoke to Council on May 23, 2006 and proposed that the Shacklefords 888-1234 / fax 895-0390 would apply for a conditional use permit in the County for the expansion of the Parks & Recreation existing veterinary hospital. The proposed expansion would use a septic system 11 Bower Street ang well, the existin ll, but the Shacklefords would also propose to enter into a 888-3-3 579 /fax 888-6854 development agreement with the county. That development agreement would Planning document the Shacklefords assurances that, when city services are available, 660 E. Watertower Lane Suite 202 they would request annexation to the City. They also proposed that any future 884-5533 / fax 888-6854 redevelopment of the property would occur as a result of annexation with Police municipal sewer and water hook-ups for all proposed uses. 1401 E. Watertower Lane 888-6678 / fax 846-7366 The City Council did not express concerns at the May 23, 2006 meeting, but they Public Works did express the desire to reserve support of the project until they could review Watertower Lane the actual application. Therefore I urge the County to accept the Shackleford pp � g �' p SuiteE. suite 200 898-5500 / fax 895-9551 conditional use application and transmit such application to the City for our formal response. - Building 660 E. Watertower Lane Suite 150 Sincerely, 887-2211 / fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 Anna Canning, AICP - Water 2235 N. W. 8th Street 888-5242 / fax 884-1159 ABC:me CITY HALL 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 884-8119 0 Scott Steckline From: Brad Watson Sent: Tuesday, May 15, 2007 9:45 AM To: Scott Steckline Subject: Vet Clinic 0 Scott, I spoke with Shawn Nichols this morning about the project. He said he had worked with Mike and Anna during March on this project and thought they had it all worked out. He suggested we read the minutes from the Council meeting a year ago in which the project was discussed. That meeting was May 23, 2006. Could you find those minutes, review them, and send me a copy, please? I told Shawn that we mentioned having another meeting with all of us, including Planning, next week but that we would keep him in the loop. His number is 794-3013. Shawn is the vet clinic's planner running the project through the County. Thanks, BRW • June 15, 2007 MERIDIAN CITY COUNCIL MEETING June 19, 2007 APPLICANT ITEM NO. S REQUEST Request for a Waiver of Fees for a Variance Application for Meridian Elementary School Sign 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 Contacted: Lau o Lari4z- Date: LO I'S 0-1 Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • Page 1 of 2 Tara Green From: Laura Lantz [meridianpto@yahoo.com] Sent: Monday, June 04, 2007 11:26 AM To: Tara Green Subject: Meridian Elementary Fee Request Follow Up Flag: Follow up Flag Status: Green Attachments: 4092625364 -Meridian Elementary Reader Board Request.jpg Councilmen: This letter is to request that you waive or greatly reduce our fee for the a variance to be submitted to Meridian Planning and Zoning immediately following the outcome of this fee request. I understand that it is not policy to reduce costs for the School District and I agree with that, but this case is not usual. It is VITAL to understand that though the Meridian School District is the owner of the property in question, they are NOT PAYING for this sign, the installation or anything associated with it. All fees will come out of our Meridian Elementary PTO budget. Every single penny of this project is coming from our PTO and was earned by students. Our application to be presented is for Meridian Elementary to be allowed a variance to Meridian City Code 11-3D-7 to allow a 19 square foot LED reader board sign to be affixed to our school under the fascia as you enter our school. Please refer to the attached jpg of a photograph and drawing. Our students have earned over $7200 for the proposed LED reader board. Our school is a TITLE ONE SCHOOL and doesn't have the means to support multiple fundraisers, but our spring fundraiser is a small event of selling geraniums for Mother's Day. It brought in about $800. That money is now on hold and will be saved for this fee. Frankly our school needs the money for other events. There is NO membership costs for PTO and the organization offers events and projects that have a fantastic impact on students. We fund Reader of the Month, which awards kids for working hard at reading. There is Accelerated Reader, Teacher & Staff Appreciation, Red Ribbon Week, Field Day, Carnival, 5th Grade Graduation and Family Fun Nights. We also provide additional supplies not provided by the District including additional Classroom Supplies like high end staplers, library materials and National Geographic Magazines for 3rd & 4th graders. We have even been involved in planting trees and doing painting for the four square lines and basketball lines on our blacktop. The waiver criteria says "to prove a hardship." The PTO at Meridian Elementary doesn't work with tens of thousands of dollars. We work very hard to do great work with the few dollars we have and earn. This $603 will continue to do great work at our school. If a hardship ever were, here you go. 6/14/2007 • • Page 2 of 2 Sincerely, Laura Lantz President, Meridian Elementary PTO 846-8382 Home 412-0829 Cell Byron Yankey, Principal Meridian Elementary 208-855-4335 Yahoo! oneSearch: Finally, mobile search that gives answers, not web links. 6/14/2007 Sian WIDTH is 9 Feet From: Laura Lantz [mailto:meridia o@yahoo.com] Monday, Vis' 2007 To: Tara Green Meridian a Request Dear Meridian City Councilmen: This letter is to request that you waive or greatly reduce our fee for the a variance to be submitted to Meridian Planning and Zoning immediately following the outcome of this fee request. I understand that it is not policy to reduce costs for the School District and I agree with that, but this case is not usual. It is VITAL to understand that though the Meridian School District is the owner of the property in question, they are NOT PAYING for this sign, the installation or anything associated with it. All fees will come out of our Meridian Elementary PTO budget. Every single penny of this project is corning from our PTO and was earned by students. Our application to be presented is for Meridian Elementary to be allowed a variance to Meridian City Code 11-313-7 to allow a 19 square foot LED reader board sign to be affixed to our school under the fascia as you enter our school. Please refer to the attached jpg of a photograph and drawing. Our students have earned over $7200 for the proposed LED reader board. Our school is a TITLE ONE SCHOOL and doesn't have the means to support multiple fundraisers, but our spring fundraiser is a small event of selling geraniums for Mother's Day. It brought in about $800. That money is now on hold and will be saved for this fee. Frankly our school needs the money for other events. There is NO membership costs for PTO and the organization offers events and projects that have a fantastic impact on students. We fund Reader of the Month, which awards kids for working hard at reading. There is Accelerated Reader, Teacher & Staff Appreciation, Red Ribbon Week, Field Day, Carnival, 5"' Grade Graduation and Family Fun Nights. We also provide additional supplies not provided by the District including additional Classroom Supplies like high end staplers, library materials and National Geographic Magazines for 3rd & 0' graders. We have even been involved in planting trees and doing painting for the four square lines and basketball lines on our blacktop. The waiver criteria says "to prove a hardship." The PTO at Meridian Elementary doesn't work with tens of thousands of dollars. We work very hard to do great work with the few dollars we have and earn. This $603 will continue to do great work at our school. If a hardship ever were, here you go. Sincerely, Laura Lantz President, Meridian Elementary PTO 846-8382 Home 412-0829 Cell Byron Yankey, Principal Meridian Elementary 208-855-4335 From: Laura Lantz [maiito:meridio@yahoo.com] Sent: Monday, June 04, 2007 11:2 To: Tara Green Subject: Meridian Elementary Fee Request Dear Meridian City Councilmen: This letter is to request that you waive or greatly reduce our fee for the a variance to be submitted to Meridian Planning and Zoning immediately following the outcome of this fee request. I understand that it is not policy to reduce costs for the School District and I agree with that, but this case is not usual. It is VITAL to understand that though the Meridian School District is the owner of the property in question, they are NOT PAYING for this sign, the installation or anything associated with it. All fees will come out of our Meridian Elementary PTO budget. Every single penny of this project is corning from our PTO and was earned by students. Our application to be presented is for Meridian Elementary to be allowed a variance to Meridian City Code 11-3D-7 to allow a 19 square foot LED reader board sign to be affixed to our school under the fascia as you enter our school. Please refer to the attached jpg of a photograph and drawing. Our students have earned over $7200 for the proposed LED reader board. Our school is a TITLE ONE SCHOOL and doesn't have the means to support multiple fundraisers, but our spring fundraiser is a small event of selling geraniums for Mother's Day. It brought in about $800. That money is now on hold and will be saved for this fee. Frankly our school needs the money for other events. There is NO membership costs for PTO and the organization offers events and projects that have a fantastic impact on students. We fund Reader of the Month, which awards kids for working hard at reading. There is Accelerated Reader, Teacher & Staff Appreciation, Red Ribbon Week, Field Day, Carnival, 5th Grade Graduation and Family Fun Nights. We also provide additional supplies not provided by the District including additional Classroom Supplies like high end staplers, library materials and National Geographic Magazines for 3rd & 4th graders. We have even been involved in planting trees and doing painting for the four square lines and basketball lines on our blacktop. The waiver criteria says "to prove a hardship." The PTO at Meridian Elementary doesn't work with tens of thousands of dollars. We work very hard to do great work with the few dollars we have and earn. This $603 will continue to do great work at our school. If a hardship ever were, here you go. Sincerely, Laura Lantz President, Meridian Elementary PTO 846-8382 Home 412-0829 Cell Byron Yankey, Principal Meridian Elementary 208-855-4335 June 15, 2007 MERIDIAN CITY COUNCIL MEETING June 19, 2007 APPLICANT ITEM NO. 9 REQUEST Request for Reconsideration of Denial of Rezone and Conditional Use Permit for Bellabrook by J.E. Development, LLC 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 al ached Date: Phone: Staff Initials: Materials presented at pubfle meetings shah become property of the City of Meridian. June 15, 2007 RZ 07M6 MERIDIAN CITY COUNCIL MEETING .lune 19, 2007 APPLICANT J.E. Development, LLC ITEM NO. 10 REQUEST Findings for Denial -- Request for a Rezone of 4.38 acres from an R-8 to an R-15 zone for Bellabrook - 300 South Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT. CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER. Contacted: Emailed: See attached Request for Reconsideration See aftched Findings Date: Phone: Staff Initials: Materials presented at public meetings shall becane properly of the City of Meridian. June 15, 2007 CUP 07-005 MERIDIAN CITY COUNCIL MEETING June 19, 2007 APPLICANT J.E. Development, LLC ITEM NO. 11 REQUEST Findings for Denial -- Request for a Conditional Use Permit for multi -family residential use in a proposed R-15 zone for Bellabrook -- 300 South Locust Grove 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: Emailed: COMMENTS See aftacjed Request for Reconsideration See afkhed Findings Date: Phone: Staff Initials: Materials presented at public meetings shah become properly of the City of Meridian. L June 15, 2007 FP 07-018 MERIDIAN CITY COUNCIL MEETING June 19, 2007 APPLICANT Meridian Apartments, LLC ITEM NO. 12 REQUEST Final Plat approval for 1 multi -family building lot on 10.103 acres in an R-4 zone for Selway Apartments at Lochsa Falls - North of McMillan and west of Linder '01• 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: COMMENTS See attached Staff Comments No Comments See attached Comments Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • E BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF MERIDIAN APARTMENTS, LLC FOR FINAL PLAT APPROVAL OF 1 MULTI- FAMILY BUILDING LOT ON 10.103 ACRES IN AN R-4 ZONE LOCATED NORTH OF MCMILLAN ROAD AND WEST OF LINDER ROAD IN A PORTION OF THE EAST % OF THE SW/40F T. 4N., R. 1W., SECTION 26. C/C June 19, 2007 CASE NO. FP -07-018 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on June 19, 2007, and the Council finding that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning Department, and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: June 19, 2007, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING SELWAY APARTMENTS SUBDIVISION LOCATED IN A PORTION OF THE EAST %2 OF THE SW 1/ OF, T. 4N., R. 1 W., SECTION 26 BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2007, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SELWAY APARTMENTS SUBDIVISION / (FP -07-018) Page 1 of 4 0 • HANDWRITTEN DATE: 06/14/07, SHEET 1 OF 3, J -U -B ENGINEERS, INC", MERIDIAN APARTMENTS, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: June 19, 2007, listing 10 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 11 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 3 pages, and by this reference incorporated herein, and the response letter from J -U -B Engineers, Inc., a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein, and the response letter from Settlers Irrigation District, a true and correct copy of which is attached hereto marked Exhibit "C" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements of the Council taken at their June 19, 2007 meeting as follows, to -wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SELWAY APARTMENTS SUBDIVISION / (FP -07-018) Page 2 of 4 discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SELWAY APARTMENTS SUBDIVISION / (FP -07-018) Page 3 of 4 0 • Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the f'�- day ofLLM� - , 2007. Fa a: Vie' s.< OR:. ATTEST: WILLIAM G. BERG, JW, CIYY ME FABIId It1iC+ Copy served upon: Applicant Planning Department Public Works Department City Attorney By: City Clerk's Office Dated: --24-0 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SELWAY APARTMENTS SUBDIVISION / (FP -07-018) Page 4 of 4 de WEERD 0 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS STAFF REPORT: TO: FROM: SUBJECT: We have reviewed this These conditions shall Meridian City Council. Hearing Date: June 19, 2007 Transmittal Date: June 14, 2007 Mayor and City Council fes-` 0 DEPARTMENTS STAFF REPORT y IDAHO Kristy Vigil, Assistant City Planner 208-884-5533 Scott Steckline, Development Services Coordinator 208-898-5500 Selway Apartments at Lochsa Falls Request for Final Plat Approval of Selway Apartments at Lochsa Falls Consisting of 1 Multi -Family Lot on 10.103 Acres in an R4 Zone by Meridian Apartments, LLC. (File# FP -07-018). submittal and offer the following comments and conditions of the applicant. be considered in full, unless expressly modified or deleted by motion of the APPLICATION SUMMARY & LOCATION The applicant, Meridian Apartments, LLC, has applied for final plat approval of 1 multi -family lot on 10.103 acres in an R4 Zone of land for Selway Apartments at Lochsa Falls. The zoning district for the proposed subdivision is R-4 (Medium Low -Density Residential district). The proposed multi -family lot was approved as a part of the Lochsa Falls planned development, which allowed for 171 multi -family dwelling units in the R4 zone. Prior to any construction, the applicant will be required to submit and obtain approval for a conditional use permit for the multi -family dwelling units on this site. If 171 dwelling units are built on this site, the gross density of the proposed subdivision would be 16.9 dwelling units per acre; the net density would be 97.7 dwelling units per acre. Selway Apartments at Lochsa Falls is located North of McMillan and west of Linder Road in the SW '/ T. 4N., R. 1 W., Section 26. The City Council approved the preliminary plat for Lochsa Falls Subdivision on December 17, 2002. Selway Apartments at Lochsa Falls is the thirteenth phase of the approved preliminary plat. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Selway Apartments at Lochsa Falls with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved Preliminary Plat (PP -02-009), Conditional Use Permit (CUP -02-012), and the recorded Development Agreement (Inst. No. 103012598). 2. The Final Plat approval for this subject phase shall expire on 06/28/08, if City Engineer's signature has not been obtained. Exhibit "A" FP -07-018 Selway Apartments at Lochsa Falls Subdivision FP.doc PAGI 0 0 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 3. Prior to submittal for signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Sanitary sewer and water service to this site is being proposed via extensions of existing mains adjacent to the site. Applicant will be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 5. The applicant has not indicated who will own and operate the required pressurized irrigation system in this development. Therefore plans and specifications will be reviewed by the Public Works Department during the construction plan review with a "draft' operations and maintenance manual being required prior to plan approval and a "final" draft being required prior to signature on the final plat. 6. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a single -point connection is used, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 7. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information. 9. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 10. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. Exhibit "A" FP -07-018 Selway Apartments at Lochsa Falls Subdivision FP.doc PAGF 0 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, and road base shall be approved prior to applying for building permits. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the fmal plat. 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. STAFF RECONEVIENDATION Staff recommends approval of the final plat for Selway Apartments at Lochsa Falls (FP -07-018) with the above stated comments and conditions. Exhibit "A" FP -07-018 Selway Apartments at Lochsa Falls Subdivision FP.doc PAGF Selway FP staff report • Kristy Vigil From: Daren Fluke [DF[uke@jub.com] Sent: Friday, June 15, 2007 7:50 AM To: Kristy Vigil Subject: RE: Selway FP staff report 0 Page I of 1 Kristy, we have reviewed the staff report for the 5elway Apartments final plat and are in agreement with the conditions of approval contained therein. Please convey our acceptance of the conditions of approval to the Council as we do not intend to attend the hearing on this matter. Thank you for your attention to this matter. Daren (Fluke, AXtP J -U -B ENGINEERS, INC. 250 S. Beechwood Ave. Boise, ID 83709 (208) 376-7330 (208) 323-9336 - Fax (208) 869-3903 - Cell 1vww.'u� b.com From: Kristy Vigil [mailto:vigilk@meridiancity.org] Sent: Thursday, June 14, 2007 4:17 PM To: Daren Fluke Cc: Bill Johnson; Bill Nary; Joe Silva; Kenny Bowers; Machelle Hill; Ron Anderson; Sharon Smith; Tara Green; Ted Baird; Will Berg; Scott Steckline Subject: Selway FP staff report Hi Daren, Attached is a copy of the final plat staff report for Selway Apartments at Lochsa Falls. Please submit a written response to the staff report to me prior to the Council meeting on June 19, 2007. Thank you, Kristy «Selway Apartments FP.doc>> 6/15/2007 Exhibit "B" SETTLERS' IRRIGATIu ov DISTRICT P.O. BOX 7571 BOISE, IDAHO 83707-1571 PHONE: 344-2471 0 FAX: 343-1642 May 18, 2007 Daren Fluke JUB Engineers 250 S. Beechwood Avenue, Suite 201 Boise, ID 83709 Re: PP07-018 Selway Apartments Dear Daren: After review of the Preliminary Plat of the above-mentioned application, Settlers Irrigation District requests the following: 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. Contact SLD for any additional requirements. 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 4. Any changes to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved by Settlers Irrigation District's Board of Directors. 5. All storm drainage must be retained on-site. 6. A pressure irrigation system must be provided to service all lots within the above- mentioned subdivision from the current delivery point. If the developer wishes to connect to the existing pressure irrigation system, which is owned by SID, then a hook-up fee and a license agreement needs to be in place prior to the pre -construction meeting. If you have any questions please call 343-5271. Sind ly, Nathan Draper, Manager Settlers Irrigation District Enclosures Cc: City of Meridian Planning Department (w/o enclosures) Scott Campbell (w/o enclosures) Exhibit "C 0 0 June 15, 2007 FP 07-016 MERIDIAN CITY COUNCIL MEETING June 19, 2007 APPLICANT H& B Associates, LLC ITEM NO. 13 REQUEST Final Plat approval for 26 single-family building lots and 6 common lots on 5 acres in R-8 and R-15 zones for Arch Rock Subdivision - south of McMillan Road and east of Linder Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comments CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: See attached Comments ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See attached Comments NAMPA MERIDIAN IRRIGATION: See attached Comments 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. • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF CTD DEVELOPMENT FOR FINAL PLAT APPROVAL OF 26 SINGLE- FAMILY BUILDING LOTS ON 5 ACRES IN R-8 AND R-15 ZONES LOCATED SOUTH OF MCMILLAN ROAD AND EAST OF LINDER ROAD IN A PART OF THE NW 1/ OF T. 4N., R. 1W., SECTION 36. C/C June 19, 2007 CASE NO. FP -07-016 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on June 19, 2007, and the Council finding that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning Department, and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: June 19, 2007, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING ARCH ROCK TERRACE SUBDIVISION LOCATED IN A PART OF THE NW '/ OF, T. 4N., R. IW., SECTION 36 BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2007, HANDWRITTEN ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ARCH ROCK TERRACE SUBDIVISION / (FP -07-016) Page 1 of 4 DATE: 04/12/07, SHEET 1 OF 4, MASON & STANFIELD, INC", CTD DEVELOPMENT, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: June 19, 2007, listing 15 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 11 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Mason & Stanfield, Inc., a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein, and the response letter from Joint School District No. 2, a true and correct copy of which is attached hereto marked Exhibit "C" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements of the Council taken at their June 19, 2007 meeting as follows, to -wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ARCH ROCK TERRACE SUBDIVISION / (FP -07-016) Page 2 of 4 discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ARCH ROCK TERRACE SUBDIVISION / (FP -07-016) Page 3 of 4 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 19 day of �,,T Nc, , 2007. °°0%1+13}1Jiifr, °° 1cpMUNYORT de WEERD ATTEST: ~ "" C��� r _ t $gip WILLIAM G. BERG, A., CITY CLERK ����V � 014 914 4 4 111111°.°\t Copy served upon: %,,0" Applicant Planning Department ✓' Public Works Department ✓ City Attorney By: s, Dated: City Clerk's Office —4-z4-0-+ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ARCH ROCK TERRACE SUBDIVISION / (FP -07-016) Page 4 of 4 • • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT CM OF STAFF REPORT: Hearing Date: June 19, 2007- M Transmittal Date: June 14, 2007 C�Veel7dz" - �R TO: Mayor and City Council FROM: Kristy Vigil, Assistant City Planner i 208-884-5533 Scott Steckline, Development Services Coordinator 208-898-5500 SUBJECT: Arch Rock Terrace Subdivision Request for Final Plat Approval of Arch Rock Terrace Subdivision Consisting of 26 Single -Family Building Lots and 6 common lots on 5 Acres in R-8 and R-15 Zones by CTD Development, LLC (File# FP -07-016). We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, CTD Development, has applied for final plat approval of 26 single-family building lots and 6 common lots on 5 acres of land for Arch Rock Terrace Subdivision. The zoning districts for the proposed subdivision are R-8 (Medium -Density Residential District) and R-15 (Medium High -Density Residential District). The gross density of the proposed subdivision is 5.27 dwelling units per acre; the net density is 8.34 dwelling units per acre. Arch Rock Terrace Subdivision is located on Linder Road, approximately a % mile south of McMillan Road in the NW '/a of T. 4N., R. 1W., Section 36. This property has not been previously platted. The City Council approved the preliminary plat for Arch Rock Terrace Subdivision on February 27, 2007. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Arch Rock Terrace Subdivision with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS Applicant is to meet all terms of the approved annexation (AZ -06-060) and preliminary plat (PP - 06 -061) for this subdivision. 2. The Final Plat approval for this subject phase shall expire on 02/27/09, if the City Engineer's signature has not been obtained. Prior to submittal for signature by the City Engineer, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The widths of the common driveways depicted on the plat appear to be substandard and do not meet the minimum requirement of 20 feet wide. The common driveways shall meet the following Exhibit "A" FP -07-016 Arch Rock Terrace Subdivision FP.doc PAGE 1 • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT standards: all common driveways shall be constructed in accordance with UDC 11 -6C -3D, and be paved a minimum of 20 -feet wide with a turning radius of 28' inside and 48' outside for fire vehicles and equipment. All properties that abut a common driveway shall take access from the driveway. Depict the building setbacks, and orientation of the structures for all lots sharing driveways, on the face of the final plat. File a perpetual ingress/egress easement for all lots that share a driveway. The applicant may record an easement and include the instrument number on the face of the plat prior to signature of the City Engineer, OR dedicate said easements via the plat. Graphically depict the common driveway easements for each applicable lot on the face of the plat. The street frontage for Lot 5, Block 1 does meet the minimum requirement of 15 feet, revise accordingly. 6. The applicant has indicated the knuckles and knuckle islands (Lot 1, Block 3 and Lot 1, Block 4) will be revised to meet IFC requirements with a minimum driving surface of 28' inside turning radius and 48' outside turning radius. Also there will also be "No Parking" signs installed in the knuckles to allow fire access to the residential lots. 7. Revise or add the following note(s) on the face of the plat prepared by Mason & Stanfield, Inc., Inc., stamped on 04/12/07 by Darin Holzhey, prior to signature of the final plat by the City Engineer: *.) Add a note, "Lot owners are responsible for maintenance of any irrigation/drainage pipe or ditch crossing their lot unless such responsibility is assumed by an irrigation/drainage entity." *.) Add a note, "The bottom elevation of house footings shall be set a minimum of 12 inches above the highest known normal ground water elevation." *.) Add a note, "Lot 8, Block 2 will be utilized as an emergency vehicle turnaround and considered non -buildable until W. Cobblefield Street is extended." 8. The landscape plan, prepared by Mason & Stanfield. Inc., and dated 08/01/06 shall be revised as follows: a.) Include details for fencing on Lots 1 and 17, Block 1 on the plan (picture & description). b.) A six-foot open vision fence or four -foot solid fence is required adjacent to the micropath located on Lot 17, Block 1. C.) Provide three additional trees on Lot 1, Block 2 as approved with the preliminary plat. d.) Provide a tree on Lot 1, Block 3 e.) Include a calculations table on the plan. f.) Include the tree class in the plant palette. g.) Show landscaping for Lot 9, Block 1 on the plan. Submit three copies of the revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer. Submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 10. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information. 11. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11 - Exhibit "A" FP -07-016 Arch Rock Terrace Subdivision FP.doc PAGE 2 i • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 12. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7, and as proposed on the landscape plan. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. 13. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 14. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of the public right of way. 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. 15. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a single -point connection is used, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. GENERAL REQUIREMENTS Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, and road base shall be approved prior to applying for building permits. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape Exhibit "A" FP -07-016 Arch Rock Terrace Subdivision FP.doc PAGE 3 0 0 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. STAFF RECOMMENDATION Staff recommends approval of the final plat for Arch Rock Terrace Subdivision (FP -07-016) with the above stated comments and conditions. Exhibit "A" FP -07-016 Arch Rock Terrace Subdivision FP.doc PAGE 4 i anon.�y' Prdessiorial Engineers, Land Surveyors and Planners `-- 314 Badiola St. Caldwell, ID 83605 nrj+ .�► [ f n� Ph (208) 454-0256 Fax (208) 454-0979 e-mail: choppergM09.W City of Meridian Honorable Mayor and City Council c/o Planning Department 660 E. Watertower, Suite 202 Meridian, ID 83642 Attention: Kristy Vigil, Assistant City Planner Re: Request for Final Plat Approval Arch Rock Terrace Subdivision File No. FP -07-016 Dear Mayor and Members of Council: RECEIVED JUN 18 2007 City Of Meridian City Clerk Office Can behalf of our client, CTD Development, LLC, we thank you for your efforts, and your consideration of this motion before you to approve the final plat for Arch Rock Terrace Subdivision. We have received from staff a copy of the Staff Report, dated June 14, 2007, and have reviewed this report with our client. We believe the Staff Report to be in keeping with previous discussions, and within the intent of.the project. We hereby agree to the conditions set forth in the Staff Report, and agree that these conditions can be satisfied with minor modifications to the plat submitted previously for your review. We respectfully request that you approve the final plat for Arch Rock Terrace Subdivision, as conditioned by the Staff Report. Please feel free to contact me at any time with questions related to the project. I can be reached during normal office hours at the above address, or by email at chopp@y&asene_U3. Chris Hopper, P.E. Mason dt Stanfield, Inc. Exhibit 'B" 001 D�s� Preparing Today's 0 Students for O N Tomorro 'a Challenges �O'TP•�a9/e . Metitian�y`a SUPERINTENDENT Dr. Linda Clark May 9, 2007 0 i Joint School District No. 2 1303 E. Central Dr. • Meridian, Idaho 83642 • (208) 855-4500 • Fax (208) 350-5962 City of Meridian City Clerk's Office Attn: William G. Berg, Jr. 33 East Idaho Avenue Meridian, ID 83642 Dear Planners: U The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. Approval of the Arch Rock Subdivision will have an impact on school enrollments at Hunter Elementary School, Sawtooth Middle School and Eagle High School. We can predict that these homes, when completed, will house seven (7) elementary aged children, five (5) middle school aged children, and five (5) senior high aged students. Additional students will further compound the current overcrowded situation. Residents cannot be assured of attending the neighborhood school, as it may be necessary to bus students to other schools across the district. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. If you have any questions, please contact me at 855-4500. Sincerely, Wendel Bi am Building & Construction Manager Exhibit "C" June 15, 2007 MERIDIAN CITY COUNCIL MEETING June 19, 2007 AZ 06-061 APPLICANT RMR Consulting, Inc. ITEM NO. is REQUEST Continued Public Hearing from April 3, 2007 -- Request for Annexation and Zoning of 95.57 acres from RUT to R-8, R-15 and R-40 zones for Baraya Subdivision -- 3935 West 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: See attached Design Standards COMMENTS See previous Item Packet / Minutes See attached Recommendations Contacted: Date: Phone: Emalled: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. June 15, 2007 MERIDIAN CITY COUNCIL MEETING June 19, 2007 APPLICANT RMR Consulting, Inc. ITEM NO. 16 REQUEST Continued Public Hearing from April 3, 2007 — Request for PP approval of 118 sf bldg lots on 26.41 acres in proposed R-8 zone; 216 sf bldg lots on 38.26 acres 81 school lot on 14.98 acres in proposed R-15 zone; 2 mf lots on 13.01 acres in proposed R-40 zone; & 30 common lots for Baraya 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: COMMENTS See previous Item Packet / Ntinutes See attached Recommendations OTHER: See attached Design Standards Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. June 15, 2007 VAC 07-008 MERIDIAN CITY COUNCIL MEETING June 19, 2007 APPLICANT Tealey Land Surveying ITEM NO. 17 REQUEST Continued Public Hearing from May 22, 2007 - Request for a Vacation of the City of Meridian utility easment common to Lots 1, 2 & 3, Block 1 of the Fallon Greens Subdivision for Hampton Inn and Suites -- 815 & 875 S. Allen St. & 2870 E. Freeway AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST. INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Previous Item Packet 1 Minutes See attached Memo and Stan Comments Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. June 15, 2007 MERIDIAN CITY COUNCIL MEETING June 19, 2007 APPLICANT Richard Brown & Roy Brown ITEM NO. 18 REQUEST Public Hearing - Request for a Rezone of approximately 4 acres from a C -N zone to a C -c zone for Lots 1 - 5, Block 1 of the Comer at Vineyards Subdivision for Cherry Wood Village - southwest comer of Cherry Lane and Linder Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See attached P&Z Item Packet / Minutes See attached Recommendations MERIDIAN POST OFFICE: OTHER: See attached Letter from Hai DeGrange Contacted: Date: Phone: Emaiied: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. June 15, 2007 CUP 07-007 MERIDIAN CITY COUNCIL MEETING June 19, 2007 APPLICANT Richard Brown & Roy Brown ITEM NO. 19 REQUEST Public Hearing — Request for a Conditional Use Permit to allow retail sale and service of motor scooters within the C -C zoning district on Lot 3, Block 1 of the Comer at Vineyards Subdivision for Cherry Wood Village — southwest comer of Cherry & Under Rd AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT. MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See attached P8Z Item Packet / Wnufes See attached Recommendations MERIDIAN POST OFFICE: OTHER: See attached Leiter from Hal DeGranae Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. June 15, 2007 MERIDIAN CITY COUNCIL MEETING June 19, 2007 APPLICANT Landmark Development Group ITEM NO. 20 REQUEST Public Hearing -- Request for a Miscellaneous Application to modify the recorded Development Agreement (Inst. 104107406) to remove the requirement for all future uses to obtain CUP approval for Gateway Marketplace -- 3205 East Ustick Rd. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Memo CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comments CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. June 15, 2007 VAR 07-010 MERIDIAN CITY COUNCIL MEETING June 19, 2007 APPLICANT Landmark Development Group ITEM NO. 21 REQUEST Public Hearing - Variance to landscape the surplus right-of-way and decrease the required street buffer- along Eagle Road from 35 feet to 20 feet for Gateway Marketplace - 3205 East Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Memo CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comments 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 pubic meetings shall become property of the City of Meridian. June 15, 2007 VAR 07-012 MERIDIAN CITY COUNCIL MEETING June 19, 2007 APPLICANT Reddiff Development ITEM NO. ZZ REQUEST Public Hearing - Variance to UDC 11 -3B -7C2 to count existing right-of-way for Eagle Road towards the landscape street buffer width in the C -G zone for Bienvule Square Eagle Road Landscaping - west side of Eagle Road, south of Ustick Road (Blenville Square 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: COMMENTS See attached Memo and Staff Comments No Comments See attached Commends MERIDIAN POST OFFICE: OTHER: See attached Email from Betty Rossow Contacted: Date: Phone: Emalled: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. i June 15, 2007 MERIDIAN CITY COUNCIL MEETING June 19, 2007 RZ 07-005 APPLICANT Joint School District No. 2 ITEM NO. 24 REQUEST Ordinance — Request for a Rezone of 9.21 acres from I -L to a C -G zone for Jabil East Property — 1303 East Central Drive AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Ordinance Contacted: i Date: - (_S -()l Phone: Emailed: Staff Initials: SL Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID f _ARO AMOUNT .00 I BOISE IDAHO 06/28/07 01:33 PM DEPUTY Pail Thompson III I'll'I'I'I'IIIII'll�l'II'III III fll RECORDED—flfQUEST OF CIV of Meridian 10709220' CITY OF MERIDIAN ORDINANCE NO. 0'7— L ,5 2A9 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE FINDING THAT THE JOINT SCHOOL DISTRICT NO. 2, THE OWNERS OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-07-005 — JABIL EAST RE—ZONE) FOR REAL PROPERTY BEING A PARCEL OF LAND BEING PARCEL "A" OF RECORD OF SURVEY NO. 6631, SITUATED IN THE SE 1/ OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND RE -ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AND RE- ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM I-L(LIGHT INDUSTRIAL DISTRICT) TO C -G (GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT) IN THE MERIDIAN 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 re- zoning by the owner of said property, to -wit: Joint School District No. 2. SECTION 2. That the above-described real property is hereby re -zoned from I -L (Light Industrial District) to C -G (General Retail and Service Commercial) in the Meridian City Code. 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 re -zone said property. RE -ZONE OF JABIL EAST — RZ-07-005 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 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 S. 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 of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day ofpk.' . , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 'day of �%G�/A.C.- , 2007. IG Lflf�f%ff� Wv-&OFIA, RE-ZONE OF JABIL EAST — RZ-07-005 Page 2 of 3 ATTEST: WILLIAM G. BERG, A STATE OF IDAHO, ) : ) ss. County of Ada ) `\1111111101IIti///!! !j �0 ON 9 I CITY QE ef 0 /'`f�l�rrrrtrtltl tt��lle���\\, On this I9*-\ day of `77LJ nC' , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, 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) ••®•' G• 6T4 RE -ZONE 1 • � G'o ••ice'- � 19••• RE -ZONE OF JABIL EAST — RZ-07-005 ARY PUBLIC FOR IDAHO RESIDING AT: C'--)jd% Lg u, tr) MY COMMISSION EXPIRES: 10-1 t^t 1 Page 3 of 3 PARCEL DESCRIPTION October 28, 200$ Project: JUNI Property — Hummel Archiia is Parcel TYIe: Meridlan School Dlstrlct Proposed Parcel — Revised 1008 A parcel of [arid being a portion of Lot 1, Bic 1, Jabn Subs, situated in the Southeast y4 of 18, T 3 North. RwW 1 Boise Mwidian, City of Manion, Ada County,'idalw, more Pmtir uku y as fQllwam COMMENCING at the Southeast comer of said sectorr 18 referenced by a bre cap monument per comer record # 103176248, ADA•County octal records; Thence along the East nne of saki sermon 18, North 00*31'12" East, 128181 feet* 1. Stock 1, Jabn � East line, North 89°32'33" West, 98.18 fe8t to the M081 8001086" comer of Loi Thence akmg the easimly boundary of saki Lot 1 the following 4 cam; North 06°14'44" E"t 267.09 feed North 00031'12' Eos% W-42 feet; North 42°29'19' West, 9.12 feet; North 36°10'56' West, 201.35 feet to the TRUE POINT OF BEGINNING: Thence beet saN r boundary, South 90° 1'00" West, 486.86 That Thence North 00"OO'2r Easf,17686 faft Thence South 90°00'00' West, 706.611 feet, a P01*0 of this being abng the WWhady edge of an laWf r wan within the ootsnrrg Jabll Chcuk bat that Pwkn*NWNvbd the allonfixisinese section frau the rnanufhottfirG seoftr,... .. Thom North OD°00 ar East. 38.37 fel Thence South 89°68'09" West, 340.49 fed to a Pratt on the westerly Bre of saki Lot 1; Thermealon ,g 88M Westerly right•of-way of %t ! D � of said Lot 1, Nath 00°0(W We,% 227.06 feet to a point on the sadhedy Thence along sold sauf WdY (101114 -way the folio ft We : North 8919'33" Emit, 880.60 feet to a point of arry kn., Them Wong on any or8148.00 foot a d ue qme tQ ft rbK ftWough a central angle of 14'2D2r, an arc length of 3704 feet (the kV chard of which Were South 83°10'13` East, X96 feet] to a poird of to WWW Thence South 78"DO'OO" East, 355.46 feet th a-pointof cury9b e; Thence along the arc of a 21ZOD rads crave to the W% throWh a central an& of 14°48'32', an aro length of 54.7.9 fed (the long.dWd of whiff bears South 83°24'16" Ent 6084 to a point of tangency, Thence North 89°11"M East, 27.07 feet to the n109t rarely Comer of wN Lot 1, Block 1, JaW SrrbdMdm; Thence Weft saW wtct 23"44' 13 1 taty fthI after and sald rlp bounty of wW Lot 1, South trans 1 of 7 Thence South 32026'130 East, 227.50 feet Thence South 35°10'55' East, 76.45 feet to the Point of Beginning. Basis of Bearings is South 00'31'12' West between the East ''/< Comer of Section 18 and the section corner common to Sections 17, 18, 19, and 20, all In Township 3 North, Range 1 East, Boise Meridian per Jabil Subdivision Plat, ADA County official records. The parcel above described contains 9.21 acres, more or less. Together with and subject to covenants, easements, and restrictions of record. Page 2 of 2 r L UNPLATTED E. CENTRAL DRu9E North Portal 921 Acres South Parcel 24.68 Ades INTERSTATE 64 RIGHT—OF—WAY LINE TABLE UNE SEARM LENGTH L1 N W 4958 L2 S8937 2`W 64.81 IL Revs PP �ovA BY MERIDIAN PUBLIC WORKS DEPT. CURVE TABLE CHEt7CE0 By" Br. IPF APPROVED BY.• LAST f0T.' J 8 PLOT DATE os w OT CURVE DELTA I RADIUS ARC frNeWn 8EAR1AfG CHORD 01 140' 7' 14&00 37.04 ' 1 J8.94 C2 4 09 Z1Z.00 14.87 57 } 14 87 03 5 J32 00 6E 25 ' 68.13 LINE TABLE UNE SEARM LENGTH L1 N W 4958 L2 S8937 2`W 64.81 IL Revs PP �ovA BY MERIDIAN PUBLIC WORKS DEPT. E 1/4 CORNER SECTION y, 18 FND. 15' BRASS CAP 'F+ PLS 5082 CORNER p RECORD 105IJ7705 CHEt7CE0 By" Br. IPF APPROVED BY.• LAST f0T.' J 8 PLOT DATE os w OT es OA BY REV REHSlON 3 4 " 40.08 L4 32`W 3837 LINE TABLE UNE SEARM LENGTH L1 N W 4958 L2 S8937 2`W 64.81 IL Revs PP �ovA BY MERIDIAN PUBLIC WORKS DEPT. E 1/4 CORNER SECTION y, 18 FND. 15' BRASS CAP 'F+ PLS 5082 CORNER p RECORD 105IJ7705 CHEt7CE0 By" Br. IPF APPROVED BY.• LAST f0T.' J 8 PLOT DATE os w OT es OA BY REV REHSlON 00 w E 1/4 CORNER SECTION y, 18 FND. 15' BRASS CAP 'F+ PLS 5082 CORNER p RECORD 105IJ7705 HUNTER LA7ERAL 486.14 6, g a I A SE CORNER SECnON 18 FND. 3' BRASS CAP PLS 5281 ' CORNER RECORD 103176248 ZONE EXHIBIT FOR THE SOUTH PORTION OF PARCEL °A'OF ROS NO WS & THAT PORTION OF LOCUST GROVE RW WEST OF THE SEMON LINE IN THESE 1/4 OF SECTION 18, T3N, R IE, SM ADA COUNTY, IDAHO MAW .EE PROJECT NO. DRAWING FILE NAME• SHEET I 1 -300' 33417 33417—SURV—EXW1Ts i 1 J NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 07- /3?.0 PROVIDING FOR RE -ZONING ORDINANCE An Ordinance of the City of Meridian granting re -zoning for a parcel of land being Parcel "A" of Record of Survey No. 6631, situated in the SE % of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A". This parcel contains 9.21 acres more or less. This parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed as attached in 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, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the day of 2007• IIIIIIItil/1//j Of Mayor and City Council o the Cit3iof erid' By: William G. Berg, Jr., City Clerk AL First Reading: Adopted after first reading by suspertsi Rule as allowed pursuant to Idaho Code 50-902: YES >C NO Second Reading: Third Reading: /,,, fill ,,,a+q�````�`A STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 07- l3 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the le al advisor of the City and has reviewed a copy of the attached Ordinance No. 07- 13 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 4 day of c74.- , 2007. � lr William. L.M. Nary, City Attorney ORDINANCE SUMMARY — RZ 07-005 JABIL EAST Page 1 of 1 June 15, 2007 MERIDIAN CITY COUNCIL MEETING June 19, 2007 APPLICANT Lynn Thomas ITEM NO. 25 REQUEST Ordinance — Request for a Rezoneof 0.628 of an acre from I -L to C -G zone for the Lynn Thomas Property — north of East Franklin Road and east of Meridian Road • RZ 07-002 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 Ordinance Contacted: L S Date: `& 4 -o Phone: Emailed: is rt4 Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAl .AD AMOUNT .00 I BOISE IDAHO 06/3107 01:33 PM DEPUTY Pall Thompson II I I' II'I'III II I II I' ��' I' II I I I'I II'II RECORDED -REQUEST OF 1�7�29 City of Meridian CITY OF MERIDIAN ORDINANCE NO. ( — l32, BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE FINDING THAT THE THOMAS FAMILY REAL ESTATE, THE OWNERS OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-07-002 - THOMAS RE -ZONE) FOR REAL PROPERTY BEING SITUATED IN LOT 18, BLOCK 3, MERIDIAN BUSINESS PARK SUBDIVISION, LOCATED IN A PORTION OF THE SE % OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND RE -ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AND RE -ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM I-L(LIGHT INDUSTRIAL DISTRICT) TO C -G (GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT) IN THE MERIDIAN 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 re- zoning by the owner of said property, to -wit: Thomas Family Real Estate. SECTION 2. That the above-described real property is hereby re -zoned from I -L (Light Industrial District) to C -G (General Retail and Service Commercial) in the Meridian City Code. 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 re -zone said property. RE -ZONE OF THOMAS PROPERTY - RZ-07-002 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 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 of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of � 92007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of Gv+- , 2007. I RE -ZONE OF THOMAS PROPERTY — RZ-07-002 Page 2 of 3 ATTEST: WILLIAM G. BERG., STATE OF IDAHO, ) : ) ss. County of Ada ) CF _13BAL CITY CL ltil 11 On this � day of _Mne_ , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, 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. OTARY PUBLIC FOR IDAHO RESIDING AT: CaA�r� �� I, ID MY COMMISSION EXPIRES: th-.11-1 RE -ZONE OF THOMAS PROPERTY — RZ-07-002 Page 3 of 3 I-LtoC -G Lot 18, Block 3 Meridian Business Park 1450 East Watertower St. Suite 150 Meridian, Idaho 83642 Phone (208) 846-8570 Fax (208) 884-5399 February 2, 2007 Lot 18, Block 3 of Meridian Business Park, located in.the SE 1/4 of Section 7, T.3N., RJE., B.M., Ada County, Idaho, as same is recorded in Book 70 of Plats at Page 7158, Ada County records, and a portion of E. Franklin Road, more particularly described as follows: BEGINNING at the Northeast corner of said Lot 18; Thence South 00031104" West,'213.43 feet to a point on the. South boundary of said Section 7; Thence along said South boundary South 89°46'06" West, 174.11 feet; Thence North 00031' 11" East, 214.79 feet to the Northwest corner of Lot 18; Thence South 8947'03" East, 174.09 feet to the Point of Beginning. Containing 37,275 square feet, more or less. Prepared By: Idaho Survey Group, P.C. 4431 o� OF.�v. �RYP� D.. Terry Peugh, PLS FEB i 8 2007 ' IAN PUBLIC WKS DEPT. Professional Land Surveyors WORK DEPP iC ii S 89`47'03"E 174.09' I fI I I i�I Ir- r- 0 0 1"=40' I , z I u LOT LINE Y DQE SOL. �- � -T-T SUBDIVISION I o FK� BOUNDARY i I LINE o I d 1/4 �7 12s.o8' I_ _ S 89_46'06T'_W 17_4.11' S.18 N 89.46'06" E 303.19' �- E. FRANKLIN RD. REZONE BOUNDARY SUBDIVISION BOUNDARY LINE LOT UNE IDAHO 145D L WATERPOWER f SURVEY mm GROUP, P.C. (M)846 -MM MERIDIAN CITY REZONE EXHIBIT Fp I—L TO C—G LOT 18, BLOCK 3, MERIDIAN BUSINESS PARK SUB., LOCATED IN A PORTION OF THE SE 1/4 OF SECTION 7, T.3N., R.1 E., B.M., ADA COUNTY, IDAHO JOB NO. 00-000 SHEET N0. 1 OF 1 DWG. DATE 02-07-07 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 07 24 _ PROVIDING FOR RE -ZONING ORDINANCE An Ordinance of the City of Meridian granting re -zoning for land being lot 18, Block 3, Meridian Business Park Subdivision, located in a portion of the SE % of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A". This parcel contains .63 acres more or less. This parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed as attached in 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, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the '% da�,p£<<:=:,;,, 2007. Mayor and City Council of the City oNe dianL _ By: William G. Berg, Jr., City Clerk = ? First Reading: 66 Adopted after first reading by suspension Rule as allowed pursuant to Idaho Code 50-902: YES NO �� �irlrrti 9�ee �e 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 hue and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this may of c/ &17n� , 2007. 6� William. L.M. Nary, City Atto ORDINANCE SUMMARY — RZ 07-002 THOMAS PROPERTY Page 1 of 1