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2007-06-05
E CITY OF - CITY COUNCIL REGULAR �Y1lIG�Y1w MEETING AGENDA IDAHO ) Fr�R 4 Trensut� V � 11 T9% IN Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, June 5, 2007 at 7:00 p.m. 0 1. 2. 3. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." Roll -call Attendance: X David Zaremba k Joe Borton 0 Charlie Rountree Keith Bird X Mayor Tammy de Weerd Pledge of Allegiance: bo,f fc&x;& 7XPop 69D Community Invocation by Bishop John Wheeler of the Paramount Ward of the Church of Jesus Christ of Latter-day Saints: 4. Adoption of the Agenda: A77A- vvc ^.r�- 5. Award of City of Meridian Scholarships: rew Ga Coy+. b 49 6. Consent Agenda: A. Tabled from May 22, 2007: Resolution No. - Adoption of Records Retention Schedule: Table to July 3, 2007 B. Approve Minutes of May 8, 2007 Pre -Council Meeting: o� C. Approve Minutes of May 15, 2007 City Council Regular Meeting: wyev—�' D. Findings of Fact and Conclusions of Law for Approval: 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: 1111VIO&^A- Meridian City Council Meeting Agenda — June 5, 2007 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 7. • E. License Agreement with Nampa Meridian Irrigation District for Pathway Aareement for Spring Creek Subdivision: Ay7vrv„_4_, F. Cooperative Agreement with Brighton Corporation for Water Improvements in Coordination with Brighton Corporation Project Intersection Meridian Road and McMillan Road: a/y,.,.-f., G. Contract for the Storm Water Management Support with Brown and Caldwell, Inc. for $39,700.00: 47(r,-* V'f- H. Amendment to Roster of Qualified Consultants for Engineelrina Services for Water, Wastewater and Miscellaneous Public Works Projects: I. First Amendment to Agreement for Professional Services with Kay Frances Company: op"oA_/ J. Approval of Bid for Water and Sewer Improvements in Coniunction with the Intersection of Meridian and McMillan Roadway Project to Briahton Corporation: �,/,,,Q „� K. Contract Change Order for Adventure Island Splash Pad Installation with Haemker General Contracting: L. Approve New Beer $ Wine License for Ustick Chevron, LLC by Steve Eddy located at 770 West Ustick Road: 4/171V_V.� Department Reports A. Mayor's Office 1. Appointments to the Parks and Recreation Commission: P0441p Iiddg// /©-07 / Tot. Le Claire /0-08/ Clary Ae//Py /O- op B. Public Works Department 1. Budget Amendment for GIS Consulting Services: A/P1vvV,e 5"'.P00 6&,,eo�Gf an dG1 -••� 2. Request for Waiver of City Services Hook -Up Requirements for Tricia Donoghue with the Treasure Valley Veterinary Hospital at 2600 South Meridian Road: sir kc AgoI-1Ap wa •.� f �hn.ts� w+�-hof�ew�. C. Fire Department 1. Donation to the Fire Department from the "Light My Fire Organization":� D. Legal Department Meridian City Council Meeting Agenda — June 5, 2007 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 8. Items Moved from Consent Agenda: 9. FP 07-013 Request for Final Plat approval of 6 commercial building lots on 8.06 acres in a C -G zone for Medina Subdivision by Ken Lenz and Jeff Huber of White -Leasure Development Company - Southwest Comer of Meridian Road and Overland Road: 6VywvvK., 10. FP 07-014 Request for Final Plat approval of 124 single-family building lots and 12 common lots on 24.8 acres in R-8 and TN -R zones for Cavanauah Subdivision No. 1 by Kastera Development, LLC - Southwest Comer of Meridian Road and Victory Road:wc. 11. FP 07-015 Request for Final Plat approval of 48 single-family building lots and 7 common lots on 13.56 acres in an R-8 zone for Milford Creek West Subdivision by H&B Associates, LLC - South of East McMillan and west of North Eagle Road: 4Mf0-4.- 12. Tabled from May 15, 2007: FP 07-012 Request for Final Plat approval for 52 single-family residential building lots, 6 commercial lots, and 8 common lots on 27.36 acres in R-8, R-15, and C -G zones for Bienville Square Subdivision by Red Cliff Development - 2935 North Eagle Road: 4jr0#4-<-- 13. Continued Public Hearing from May 15, 2007: 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): 47,P, -L-1 14. Continued Public Hearing from May 15, 2007: 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):, .,��� / �(,e , w`y�,,,, #v^,4 15. Continued Public Hearing from May 22, 2007: For the Purpose of Reviewing and Considering Fee Changes authorized in Title 9, Chapter 1 Water Use and Service, and Title 9, Chapter 4 Sewer Use and Service of Meridian City Code including Proposed Changes to water and wastewater assessment, water meters and appurtenances, water system itemized damage fees, and water and sewer user rates: Goof-, 16. Tabled from May 22, 2007: Resolution No. Public Works Rate Change:jl.e Meridian City Council Meeting Agenda — June 5, 2007 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 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 RoadpY,&,.e_ 741j-.Gte 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 R-15 zone for Bellabrook by J.E. Development, LLC - 300 South Locust Grove Road: ,� AM t GGA A-.- o r -v 19. Public Hearing: CPA 07-003 Request to amend the Comprehensive Plan Future Land Use Map by adding and amending pathway locations for the Pathways Comprehensive Plan Amendment by the City of Meridian Parks and Recreation Department: l.,%f p A, 1 f -M-0 7 20. Public hearing: Parks Master Pathway Plan: /& 1 6 -L6 -07 21. Public Hearing: 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 Meg''dian Road and West Victory Road: %iy-` ^-& -I%ocf c%? �vv va..G 22. Public Hearing: 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: /h,,tp _0g, If- f c Ie vi;,_ 2-2- 23. Public Hearing: 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: pr��, ,Fl f � CIZ Av' 24. Public Hearing: AP 07-003 Request for City Council Review of an Appeal of the Director's Determination to deny a request for a wholesale trade (food broker) use in an L -O zone for Main Street Marketing by Dale Lindley - 3723 North Locust Grove Road: a*;Iv 25. Public Hearing: PP 07-009 Request for Preliminary Plat approval of 52 residential lots, 2 office/commercial lots and 10 common lots on 19.80 acres in an L -O zone for Meadowlake Village North by Touchmark of the Treasure Valley, LLC - Southeast Comer of Franklin Road and Touchmark Way: C^,,4.)7. p 1k, Vv v-141 ?` -Z,90 -7 26. Public Hearing: CUP 07-008 Request for a Conditional Use Permit approval to create 52 residential lots, 2 office/commercial lots and 10 common lots in an L -O zone for Meadowlake Village North by Meridian City Council Meeting Agenda — June 5, 2007 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Touchmark of the Treasure Valley, LLC — Southeast Comer of Franklin Road and Touchmark Way: Cvf✓fYn 0 /A, /P may 31 z00 27. Public Hearing: VAR 07-008 Request for a Variance to UDC 11-6C-3134 which limits cul-de-sacs to a maximum of 450 feet for Meadowlake Village North by Touchmark of the Treasure Valley, LLC — Southeast Comer of Franklin Road and Touchmark Way: cofr'h , ./ f„ ,r� Yi Zv©7 28. Public Hearing: MI 07-006 Request for a Miscellanous application to amend the previously approved Development Agreement for Touchmark Living Center Annexation (AZ 99-021) by amending the approved phase boundaries and various other provisions for Meadowlake Village North by Touchmark of the Treasure Valley, LLC — Southeast Comer of Franklin Road and Touchmark Way: C� /�/�. VI-4e� -?., 2©07 29. Amended Ordinance No. 07-1239 A: AZ 06-020 Request for Annexation and Zoning of 4.65 acres from RUT to a C -G zone for Williams Pipeline by Northwest Pipeline Corporation — 1301 Locust Grove Road: etvv— 30. Amended Ordinance No. 07-1314 A: AZ 06-057 Request for Annexation and Zoning of 9.91 acres from RUT to an R-15 zone for Jericho Subdivision by Heron River Development, LLC — 6055 & 6185 N. Jericho Road: a W.. v-, Meridian City Council Meeting Agenda — June 5, 2007 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting June 5, 2007 A meeting of the Meridian City Council was called to order at 7:17 P.M., Tuesday, June 5, 2007, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton, and David Zaremba. Members Absent: Charlie Rountree Others Present: Bill Nary, Will Berg, Anna Canning, Brad Watson, Len Grady, John Overton, Joe Silva, Bill Johnson, Bill Parsons, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Joe Borton 0 Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: I'd like to welcome you here this evening. I'm song for our delay. We appreciate you joining us. We will start tonight's meeting, it is 7:17, with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Thank you. Tonight we will be led in the pledge of allegiance -- oh, I see some Boy Scouts. Would any of you boys like to lead us in the pledge? All of you. All right. If you will, please, rise. (Pledge of allegiance recited.) De Weerd: Thank you so much. I do have some pins that I would like to give you for leading us tonight and I'm sure Councilman Bird has candy. I do the healthy stuff and -- thank you for the last minute add there. We do enjoy having our youth join us and certainly lead us in the pledge. If you could share with us what troop you are from. Six hundred? Okay. And who is sponsoring you? Thank you. Thank you for being here tonight. Item 3: Community Invocation by Bishop John Wheeler of the Paramount Ward of the LDS Church: De Weerd: Okay. Item No. 3 is our community invocation. We will be led tonight by Bishop John Wheeler with the Paramount Ward of the Church of Jesus Christ of Latter- day Saints. Thank you for joining us tonight. Meridian City Council June 5, 2007 Page 2 of 84 • Wheeler: Our Father in Heaven, as we come here this evening at the beginning of this City Council meeting, Father, we give thee thanks for the many blessings that are ours to enjoy, the liberties that our ours here in this country and the -- not only the wonderful nation that we live in, but the wonderful community that Meridian is. The growth and the prosperity and the opportunities that we enjoy. Father, amidst these opportunities come challenges as well and we pray that thy Spirit would watch over and be with the proceedings here tonight. We are grateful for the members of this City Council, the Mayor, and the other people who support the activities that will be going on here this evening and we pray that thou would watch over them and bless them with wisdom and guidance and direction that we as a community may work together in the spirit of collaboration and have thy wisdom and guidance to be upon us. Father, we are again grateful for the blessings of the area in which we live and for the opportunities that are before us as members of this wonderful city and community. These things we give thee thanks for and pray for in the name of thy son, Jesus Christ, amen. Item 4: Adoption of the Agenda: De Weerd: Bishop Wheeler, if I could also give one of our City of Meridian pins. And I give you the coveted water tower pin. Thank you for joining us. Okay. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda, Item A has been asked to be tabled to July 3rd, 2007. On Department Reports, Item D, Legal Department, has asked to pull that discussion. and Planning and Zoning Department has added -- asked to add Department Report Item E. And Item No. 16 Resolution number is 07-562. Items 19 and 20 have been asked to be continued to June 26, 2007. And Items 25, 26, 27 and 28 have been asked to be continued to July 10th, 2007. And with that I move we accept the amended agenda. Borton: Second. De Weerd: Okay. I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Award of City of Meridian Scholarships: De Weerd: Item 5 is the award of the City of Meridian Scholarships. We awarded two of them a couple of weeks ago and these two were unable to join us at that time. So, if I could, Council, let me first read to you of our recipients and then, I will ask them to join me in the front. So, our first one is Jared Truxall and, Jared, if I messed up your last Meridian City Council June 5, 2007 Page 3 of 84 • name I apologize. Jared, where are you? There you are. Thank you for joining us tonight. Jared is a 2007 Graduate of Centennial High School. He has been awarded a one thousand dollar City of Meridian Scholarship towards his study of Engineering and Biomedical Engineering at Boise State University. Jared is a National Honor Society member who excels in math and science. He has volunteered with First Book, the Meridian Food Bank, Project Resell, and assembling care packages for soldiers and the homeless. He is also an avid basketball and soccer player. And we recognize your contributions to our community and we thank you for your leadership and the fact that you give back. Our second one is Drew Lacombe and Drew is a 2007 Graduate from Mountain View High School, has been awarded also a one thousand dollar scholarship from the City of Meridian, which will help him study Pre -Health Sciences and Political Science at the University of Washington. Drew is extremely active in school clubs and organizations and he is on the Mayor's Youth Advisory Council as the Vice -Chair, and has volunteered more than 285 hours of service to the area care centers. In 2005 he was one of only 27 juniors in the U.S. selected to serve as a page in the U.S. Senate. Drew's ultimate professional goal is to become an emergency room doctor. I can tell you what, it has been my greatest privilege to serve with the youth in our community and to any of our youth who step forward and give back to our community, learn so many valuable life lessons and they have, indeed, emphasized that our future is bright. We have great leaders coming up and they may be 30 percent of our population, but they are one hundred percent of our future and it's so important to recognize these young people for what they do in our communities. And I do have a certificate that I would like to present to them. The checks will be given to their higher learning institutions directly and so Drew and Jared, if you will come up and join me in the front. And I will warn you, usually I get emotional about this and I have been really good so far, so so far so good. Jared, this states in recognition of your leadership and service to our community. You truly make a difference and we appreciate everything you have done. Congratulations. And Norman Andrew Lacombe, same to you, buddy. Would either of you like to say anything? Truxall: Thank you. De Weerd: Drew? Okay. There you go. Lacombe: Well, I have been extremely active this year and my senior year has really been the most difficult and challenging with my school year and I graduated this past Saturday from Mountain View High School with a 3.96 GPA cumulative and know that I wouldn't be able to do that without having a -- that solid rock of a foundation of the council that I went to almost twice monthly and that was an awesome place to be able to come to meet together with the other youth in our community and it was a great way for me to actually engage myself with helping others in our community and I hope that all of you will encourage your young ones and your children and friends to also join up when they are high school age. So, thank you and thank you, City Council, for the scholarship. Meridian City Council June 5, 2007 Page 4 of 84 De Weerd: I'd also like to thank the parents and the family members of these young people. Usually they model what they -- the people that they live with and we appreciate you sharing your young adult with our community and we wish you success, both you and Drew. Good luck. Item 6: Consent Agenda: A. Tabled from May 22, 2007: Resolution No. : Adoption of Records Retention Schedule: Table to July 3, 2007 B. Approve Minutes of May 8, 2007 Pre -Council Meeting: C. Approve Minutes of May 15, 2007 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Approval: 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: E. License Agreement with Nampa Meridian Irrigation District for Pathway Agreement for Sprina Creek Subdivision: F. Cooperative Agreement with Brighton Corporation for Water Improvements in Coordination with Brighton Corporation Project Intersection Meridian Road and McMillan Road: G. Contract for the Storm Water Manaaement Support with Brown and Caldwell. Inc. for $39,700.00: H. Amendment to Roster of Qualified Consultants for Enaineerina Services for Water, Wastewater and Miscellaneous Public Works Projects: I. First Amendment to Aareement for Professional Services with Kay Frances Company: J. Approval of Bid for Water and Sewer Improvements in Conjunction with the Intersection of Meridian and McMillan Roadway Project to Briahton Corporation: K. Contract Change Order for Adventure Island Splash Pad Installation with Haemker General Contracting: L. Approve New Beer & Wine License for Ustick Chevron. LLC by Steve Eddy located at 770 West Ustick Road: Meridian City Council June 5, 2007 Page 5 of 84 De Weerd: Okay. Item No. 6 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. 0 Bird: Item A has been asked to be tabled to July 3rd, 2007. With that I move that we approve the rest of the Consent Agenda and for the Mayor to sign and the Clerk to attest. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda as amended. Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 7: Department Reports A. Mayor's Office 1. Appointments to the Parks and Recreation Commission: De Weerd: Okay. Item No. 7 under Department Reports. I'm very pleased, Council, to have in front of you appointments to the Parks and Recreation Commission of three individuals and I believe that I noted on their letters of interest and/or resumes when their terms would be -- what their terms are. First with Phillip Liddell and is Phillip here? Thank you for joining us. Phillip has a very interesting background in architecture and engineering -- in working for architectural and engineering firms and he's also been directly involved in helping design and manage the varsity basketball athletic field improvements at Eagle High School and so he -- he went through a very vigorous screening with myself and two of our parks and recreation commissioners and we are very pleased to bring his name forward to you. His term would expire in October of 2007 and I would anticipate, if we haven't totally overwhelmed him, that he will be brought back in front of you at that time. The second name I bring to you is Tom LeClaire. Tom, are you here tonight? There you are. Thank you for being here. And I'll ask each of you if you would like to share anything with the Council afterwards. So, Tom is a resident here in Meridian. He's also been a councilman and a planning and zoning commissioner up in my home town of Moscow. I was going to say Meridian, because I think this is my home town. But that's where I grew up. And he brings some -- some good perspective, as well as some great experience from another community and sharing some of the things that they did to promote and elevate their parks system. The third name I bring to you is Gary Shelley. And, Gary, are you here tonight? There you are. You know, I know your faces, but it seems like I know a number of faces in the L� Meridian City Council June 5, 2007 Page 6 of 84 0 audience, so forgive me. Gary has great experience. He has lived and breathed parks and recreation. He is the Eagle Island State Park park manager and he's very involved in youth athletics as well. His position is to October 2009 and Tom's was to be to October of 2008. They -- all three are filling existing seats of members who have stepped off for various reasons and, Council, I bring these as the slate of appointees to fill our parks commission. Any questions? Borton: Madam Mayor? De Weerd: Yes. Borton: The credentials of the three gentlemen that you have just introduced to us are phenomenal and I think they are going to be a great asset to our Parks and Recreation Commission. I know this Council truly appreciates the input of the commission in all respects and I gladly welcome all three of you to that job and appreciate hearing more from you in the future. And I would -- I would move to appoint to the Parks and Recreation Commission Phillip Liddell, Tom LeClaire, and Gary Shelley with enthusiasm and welcome them immediately. Zaremba: And I second that. We appreciate the volunteer spirit. That's wonderful. Borton: Did they volunteer? Do they know that? De Weerd: No. That's why I'm not going to invite them to speak until after the vote. Zaremba: Did we leave that part out? De Weerd: So, I do have a motion and a second. Is there any discussion? Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Berg: Madam Mayor, if I just could reiterate, Tom was expiring October'07. Phillip was expiring October of '08. And Gary is October'09. De Weerd: Gary, '09. Tom '08. And Phillip in '07. That's what I have on my sheet. Berg: Okay. De Weerd: And I think that's what I left on their voicemail, so -- Phillip, do you have anything you would like to share? You have to come up front. You get to come up front. Liddell: I'm happy just to be a part of this -- Meridian City Council June 5, 2007 Page 7 of 84 De Weerd: You'll have to turn the mike toward you. Liddell: I'm happy to be here and to volunteer my time and I look forward to contributing to the success of Meridian Parks and Recreation in any kind of advisory capacity that I can be and looking forward to it, so -- De Weerd: Thank you. Well, two of the four of us have been on the Parks Commission in the past, so -- and, certainly, I can speak for all of us up here, we all have a passion for parks. Liddell: I do, too. I'm looking forward to it. I thank you and I'll be at the next meeting. De Weerd: Okay. Thank you. Which is I think next week. Right, Doug? Yes. Zaremba: It's Wednesday, the 13th. De Weerd: Tom, do you have anything? LeClaire: I also thank you for your vote of support this evening and a great community to be involved in and look forward to a lifetime of involvement in the Meridian community and this is a great place to start. So, I want to thank you all for your vote of confidence and I will get to work next week. Thanks. De Weerd: Thank you. Gary? Shelley: There is not much to add to that. I'd just like to thank you for the opportunity. I'm looking forward to giving back to the community. I think we have got a wonderful place to live and look forward to working with all of you. Thank you. De Weerd: Thank you. And, Council, I'm excited to work with these gentlemen. They each have a passion and a vision that they have explained and I think our commission will have some good energy on it. So, we appreciate you joining us here tonight. B. Public Works Department 1. Budget Amendment for GIS Consulting Services: De Weerd: Okay. Our next Department Report is our Public Works Department. It looks like we will kick it off with Len. Grady: Madam Mayor, Members of the Council, Public Works Department is requesting a budget amendment for GIS Consulting Services. That would -- the existing budget is 5,000 dollars. We just need to bump that to 10,000 dollars. That money is used primarily for making existing routines and stuff more efficient. So, I would -- it would be an effort to make things more streamlined. So, with that I will stand for questions. Meridian City Council June 5, 2007 Page 8 of 84 De Weerd: Thank you, Len. Council, any questions? Bird: No. Borton: Madam Mayor, if there is no other discussion, I would move that we approve the budget amendment for the GIS Consulting Services in the amount of 5,000 dollars. Bird: Second. De Weerd: Okay. I have a motion and a second to approve the request in front of you. Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. 2. Request for Waiver of City Services Hook -Up Requirements for Tricia Donoghue with the Treasure Valley Veterinary Hospital at 2600 South Meridian Road: De Weerd: Okay. Item No. 7-B-2, request for waiver. Brad, did you want to introduce this item? Watson: Yes, Madam Mayor, City Council members. This may be titled just a little bit incorrectly. This is a project that, in concept, came to you about a year ago. It's the Treasure Valley Vet Clinic on 2600 South Meridian Road. It's directly east across Highway 69 from the new Nazarene church that's going up. They are currently in the county and not annexed. They are proposing some modifications to the existing business and the applicant is here and he can detail those for you a little bit more. Anyway, about a year ago it sounded like you were -- the Council was in support of this, as long as they could take another look at the plan and what was going to transpire. The one thing that's changed from a year ago is that there is now city water in front of the facility and depending on how you look at it, sewer is in the general vicinity of the project. It's my understanding that to move forward with an Ada County permit they do need city water and fire protection on the site. So, I believe that they are asking to connect to city water for both fire protection and domestic use and not have to pull the sewer 400 feet from the south up to their property. There is an intervening property immediately south of theirs that needs to develop for that sewer to connect their site. Just for the record, there is a sewer main on the west side of Highway 69, but reasonable access is kind of hard to qualify for that property. It would involve a bore across a state highway. So, I'm not sure that's financially feasible. I believe -- and the applicant can clarify for me, but I believe the question here tonight is should they proceed through the Ada County process for -- for conditional use or should they approach the city and annex now and not necessarily waste their time with the county. They are contiguous to city limits. But the sewer question needs to be addressed. Meridian City Council June 5, 2007 Page 9 of 84 Would they be required to pull that sewer up across an intervening property now or could you write something into the conditions of annexation that would make any further redevelopment of their property kick that sewer requirement in. And I hope I didn't butcher that too bad. They have got several representatives here that can answer questions better than I can. De Weerd: Okay. Nickel: Good evening, Madam Mayor, Council. Shawn Nickel, 148 North 2nd Street, Suite 101, in Eagle, here tonight representing the Treasure Valley Vet Clinic. As you, hopefully, recall, I was here about a year ago asking members of the Council permission to move forward with the county CUP process for improving the Treasure Valley Vet Clinic facility at that time and it still remains a concern with the availability of sewer. We proceeded after your guidance last year working on the application with Ada County and, unfortunately, it's taken us about a year to get that application submitted to Ada County. It's submitted, it hasn't been accepted yet pending the outcome of tonight's question. As you recall, the property is about two acres in size and there is room on the property for future redevelopment of not only the vet clinic, but also some future office buildings. What we proposed a year ago was a promise to you that to move forward with the county, because we don't have to rezone the property, we can do the vet clinic improvements in the RUT zone as it currently stands and we could also utilize the existing septic system with a small upgrade. So, we move forward, a couple months ago we started questioning -- as we were going through our design we were questioning fire protection with Mr. Silva of the fire department and come to find out we have to have a fire hydrant on the site. That would require us to be provided with city water for that fire hydrant. So, we are submitted to Ada County, we have spent the time and energy to go that direction. We are -- we have proposed a condition of approval to the county that any future redevelopment would require an annexation request to the City of Meridian, in addition to connection to facilities for any future redevelopment of the property. What we ask tonight is -- and we would still like to move forward with the county, but we need water for fire protection. We would also like it for our domestic use, since we are going to be bringing it on site for the fire use. So, that's -- that's kind of where we are today. And I'll stand for any questions you may have. De Weerd: Thank you, Shawn. Council, any questions? Bird: I have none. De Weerd: Okay. Thank you. Nickel: Thank you. De Weerd: Okay. Anything further, Brad? Watson: No, Mayor. Meridian City Council June 5, 2007 Page 10 of 84 De Weerd: Okay. Council, any further information needed at this time? Okay. Do I have a motion? Zaremba: Madam Mayor, I guess I do have a question. Would we need to make the requirement to hook up in the future, if there is any further development, a part of this motion or are we accepting that that's a condition the county is going to lay upon them? De Weerd: That's a standard condition that our staff has typically made. Zaremba: Okay. In that case, Madam Mayor, I move we approve Item 2 -- item B-2, request for a waiver of city services hook up. Bird: Second. De Weerd: Okay. I have a motion and a second to approve the request in front of you. Any discussion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just -- I don't know, I think Mr. Watson's comments were on point. I don't know if that really accurately describes what it is we are doing. But the waiver of city services hook up -- I guess the intent of the motion is to actually approve the hook up to the water for the hydrant and domestic use and not require annexation at this time. Zaremba: Yeah. I actually was -- I was going by the description in the discussion, not the title necessarily, so -- Borton: Okay. Zaremba: Yes. I intended to have it understood the way you expressed it. De Weerd: So, you're approving the hook up to water and not requiring hook up to sewer, nor annexation at this point. Zaremba: This is correct. De Weerd: Okay. Borton: Until redevelopment. Bird: The second agrees, because that's what was presented to us, as I understood it. De Weerd: Okay. Any further discussion? Clarification? No. Okay. Mr. Berg, will you, please, call roll. Meridian City Council June 5, 2007 Page 11 of 84 Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. C. Fire Department 1. Donation to the Fire Department from the "Light My Fire Organization": De Weerd: Okay. Item C is our Fire Department and, Joe, are you doing this? Okay. Silva: Good evening, Mayor, Members of the Council. I wanted to thank you very much. I want to start out by thanking you very much for providing me with a very good segway with our appointments to the Parks and Recreation Commission. What makes our community very special is all the volunteer efforts that go into making our community very special. And with that being said, what I'd like to do is we are going to be receiving a very special gift from the Light My Fire Organization and just to kind of give you a little bit of a background, the Light My Fire Organization has been in existence for 13 years and they have raised 50,000 dollars to support the Boise fire safe trailer and 18,000 dollars to assist victims who have been displaced by fires in their homes. And that group is comprised of the independent insurance adjusters -- or I should say insurance agents within our area. Also the Boise Association of Independent Insurance Agents, Boise Insurance Professionals, and Disaster Kleenup and Paul Davis Restoration. And they have been very successful and they had a fundraiser this year and they had a very nice banquet at the Double Tree Riverside and had about 400 guests and a live and silent auction and raised considerable amount of money. We are very pleased to be the recipient of an award this evening. What I would like to do, with that being said, is have the chairman of that group come up and say a few words, Mr. Bob Ricketts. Would you come up, please? And if I could have a couple other guests come up also. Judy Ricketts. Mike Seidl, Peg and Dick Harris. And Erica Koontz. Ricketts: Thank you, Joe. It's our pleasure to be here this evening. I would like to thank the City of Meridian for putting in their -- seeing the wisdom to put in their fire safe house over here in Meridian. The City of Boise has had theirs a number of years. As Joe said, 13 years ago we got involved with this. We have been raising money for operations in support of that for the last 13 years. It was a great pleasure to bring in Meridian this year. The group approached us last year being part of the organization and benefiting from this, from our efforts. This year we actually brought them in and Pam Warren and Joe have been just an enormous help to the committee and their efforts have really gained a lot of support in Meridian for this and for your fire safe house. An educational tool that is needed in our community. It saves a lot of property damage and a lot of lives. And I think just this week you have had a couple of fires, totally preventable. I think education would have helped out a lot there and I think you're going to see some benefit in the future from this. I think one of those fires was a 40 Meridian City Council June 5, 2007 Page 12 of 84 0 pretty major house fire. So, you know, hopefully, we have some good stories to come back and tell you that, you know, the thing's working, we have them in Boise and it's been a great benefit. We have a -- our function is every February. This next year 2008 it's on February 8, so mark your calendars. I'd love see any and all of you there. We have a great time and we do raise a considerable amount of money. And so this year, the first year in for the City of Meridian, we are excited to be able to say we have brought a 5,000 dollar check to give to the City of Meridian for the fire safe house support over here and we'd like to present that to you this evening. Zaremba: We have a photographer behind you, if you would all tum around. Silva: Thank you very much, Light My Fire Organization. This year's contribution we will use to buy public education materials for our fire safety center. Thank you very much. De Weerd: Thank you for your contribution. The fire safe house has been one of those examples of what happens when a community comes together. It really was built on community partnerships and so it's partnerships like these that help keep it going and public education is critical. So, thank you so much. Zaremba: Wonderful. D. Legal Department: 1. Discussion of Adult Business License Ordinance: De Weerd: Okay. We eliminated the department report for the legal department. E. Planning and Zoning Director — Anna Canning: De Weerd: So, our next item up is our planning department. Anna. Canning: Madam Mayor, Members of the Council, I just wanted to quickly introduce our new associate city planner in the current planning division, Bill Parsons. He comes to us from Sparks, Nevada, and I did a great interview and it looks like he's fitting in with everybody. He's been at work two days now. He's coming back for more. So, that's a good thing. Thank you. That was all. De Weerd: Well, welcome to the City of Meridian. Parsons: I guess I'll say a few things. De Weerd: Okay. Parsons: I belong to the Toastmasters organization, so I figure anytime I get an opportunity to practice my speech I should do it. Anyways, I'd like to thank all of you for Meridian City Council June 5, 2007 Page 13 of 84 having me join your community. I am married. My wife's name is Michelle. I have two wonderful daughters, five and three, and I'm hoping we sell our home soon so they can join me here in Meridian and start our new lives here, so thank you for having me. De Weerd: You're welcome. Zaremba: Thank you. Welcome. Item 8: Items Moved from Consent Agenda: De Weerd: Okay. There were no items moved from the Consent Agenda. Item 9: FP 07-013 Request for Final Plat approval of 6 commercial building lots on 8.06 acres in a C -G zone for Medina Subdivision by Ken Lenz and Jeff Huber of White -Leasure Development Company — Southwest Comer of Meridian Road and Overland Road: Item 10: FP 07-014 Request for Final Plat approval of 124 single-family building lots and 12 common lots on 24.8 acres in R-8 and TN -R zones for Cavanauah Subdivision No. 1 by Kastera Development, LLC — Southwest Comer of Meridian Road and Victory Road: Item 11: FP 07-015 Request for Final Plat approval of 48 single-family building lots and 7 common lots on 13.56 acres in an R-8 zone for Milford Creek West Subdivision by H&B Associates, LLC — South of East McMillan and west of North Eagle Road: Item 12: Tabled from May 15, 2007: FP 07-012 Request for Final Plat approval for 52 single-family residential building lots, 6 commercial lots, and 8 common lots on 27.36 acres in R-8, R-15, and C -G zones for Bienville Square Subdivision by Red Cliff Development — 2935 North Eagle Road: De Weerd: And since, Anna, I haven't reviewed your comments, it looks like on each of our final plats we have received agreements from each of the applicants and there is a special note on Milford Creek. Does that need to be pulled for discussion? Canning: No, ma'am. I just wanted you to note on the record that we need to include the changes proposed on the applicant's response letter. De Weerd: Okay. So, Council, with that said, Items 9, 10, 11 and 12 on the final plats, we do have concurrence with the applicant. Borton: Madam Mayor? De Weerd: Yes. Meridian City Council June 5, 2007 Page 14 of 84 Borton: I move that we approve Item 9, FP 07-013, Ten, FP 07-014, Item 11, FP 07- 015, to include the changes on the applicant response letter. And Item 12, FP 07-012. De Weerd: Okay. Do I have a second? Zaremba: I'll second that. And, Madam Mayor, may I ask for an enlightenment, I guess. I don't know if it's really discussion. I noticed that Item 11, the preliminary plat, was originally approved 18 months ago as of tomorrow. Do preliminary plats go stale like CUPs do? If it's 18 months they are within it, but I just wondered is there a deadline? Canning: Yes, sir, there is. It's two years, I believe, now. Zaremba: Okay. So, they are not pushing it. De Weerd: Okay. Any other discussion, Council? Okay. Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 13: Continued Public Hearing from May 15, 2007: 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): Item 14: Continued Public Hearing from May 15, 2007: 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): De Weerd: Okay. Items 13 and 14 are a continued Public Hearing from May 15th on CPA 07-004 and RZ 07-005. Mr. Nary, is it appropriate to hear these two items together? Nary: Yes. Madam Mayor, yes, you can hear them together. De Weerd: Okay. I will go ahead and start these two items, 13 and 15, with staff comments. Canning: Madam Mayor, Members of the Council, this is the Jabil East Project. It's located at Locust Grove and Central Drive, named after the building that is currently on the property -- or the former owner of the building. The applicant is proposing to change the existing industrial designation on the Comprehensive Plan to commercial. You may Meridian City Council June 5, 2007 Page 15 of 84 remember that a couple weeks ago we addressed the western portion of the previous Jabil property and made a similar change. So, that change in designation would be for the one 34 acre property and that property currently lies within the Meridian city limits and is zoned I -L. So, concurrent with the application the Comprehensive Plan amendment application, the applicant has also applied for rezoning of 9.21 acres to C- G. There is just the one proposed building and that's the existing Jabil building. The applicant is requesting the Comprehensive Plan Amendment and the rezoning from the industrial designation to allow for educational uses on the property. They are allowed in the commercial zones, but not in the industrial. The property is proposed for a new high school, with associated classrooms and office spaces, and may possibly house a university extension. Additionally, the Joint School District service center will be sited here and educational interest -- institutions, as I said, are prohibited in the I -L district, however, they are principally permitted uses within the C -G district. We do have elevations of the -- this is a diagram showing the rezone area, as opposed to the Comprehensive Plan amendment area. These are some photographs of the existing Jabil facility. And I have gone too far. The Commission has recommended approval at their April 19th, 2007, Public Hearing. Ed Daniels, the applicant's representative, spoke in favor of the application and no one spoke in opposition or commented and there was no written testimony. The key issues of discussion by the Commission were the question of if 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. So, the key Commission changes to staffs recommendation, there were none. To our knowledge there are no outstanding issues before City Council, although just before the hearing the applicant did indicate that they were a little puzzled by one of the conditions of approval. We may need to talk about that. And there has been no written testimony since the staff report. The one condition and question was with regard to dedicating a multi -use pathway. Our currently adopted Comprehensive Plan shows a multi -use pathway running on the -- through the Van Auker property to the west of the school district property, but the -- currently in the process pathways plan, which was originally on the agenda tonight, but we've asked that it be continued to the 26th -- it shows a revised pathway that picks up the pathway coming out of -- I always want to call it Snorting Bull -- Woodbridge. There we go. And kind of come down and follows this facility and goes along the north -- the plat for Woodbridge was called Snorting Bull. De Weerd: Snorting Bull? Canning: Named after, apparently, a former occupant of the field, so -- De Weerd: Did Ron Van Auker name that? Canning: The pathway would -- multi -use pathway would go along the north boundary of the school district property. So, there is one within the proposed update to the pathway network along the north boundary of the site. And with that I will answer any questions, other than related to Woodbridge. Meridian City Council June 5, 2007 Page 16 of 84 De Weerd: Council, any questions? Bird: I have none. De Weerd: Is the applicant here? If you will, please, state your name and address for the record. Daniels: Ed Daniels. 2785 Bogus Basin Road, Boise, Idaho. Madam Mayor and Members of the Council, I think Anna has covered the project pretty well and I don't have any additional comments, I'm not sure if -- Wendell Bigham may. But I can certainly stand for any questions. De Weerd: Okay. Questions for the applicant? Bird: I have none. De Weerd: Wendell, do you have anything to add? I know. I had to ask. If you will, please, state your name and address for the record. Bigham: Wendell Bigham. 911 Meridian Road, Meridian, Idaho. Here tonight representing Joint School District No. 2. Specifically to follow up for a little bit of clarification, so that we don't misunderstand. In Exhibit B, item 1.1 -- 1.3, the applicant shall dedicate a multi -use pathway on site, location to be determined. And we have just found out that that determination is our northern property line running east to west -- by the Meridian Parks Department. Now, it's not something that we would unreasonably take exception to. We have, we believe, at least a five foot sidewalk on the back of the curb and gutter on the south side of Central Drive. I'm not sure of the width of the proposed pathway. However, there is a large berm running east and west along the front of the site, so that if that pathway was desired to be wider than 12 and not be in a straight line, then, it would require a fair amount of work on our part. Not saying that this is something that we would take exception to. As you're well aware, we are currently planning for the construction of a specialized high school there. We have got to make some site improvements. So, it's something that we may very well factor in. Just up until I came tonight I wasn't sure where that to -be -determined location was. De Weerd: Okay. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I guess my question would be if the existing five foot sidewalk would be turned into a multi -use pathway by making it ten feet wide? Is that what the question is? Canning: Madam Mayor, Members of the Council, that would certainly be an option and sometimes when they are attached to the roadway they go as narrow as seven feet. E Meridian City Council June 5, 2007 Page 17 of 84 0 So, I'm not sure that Ms. Hess has discussed this with the parks department or if it's been -- all the details have been worked out at this time. Obviously not. Sorry. Zaremba: If it would be less that the 12 feet mentioned by Mr. Bigham -- Canning: Yes. Zaremba: -- that would become a problem. Canning: The most we ever require is ten feet. De Weerd: Okay. Any other questions? Anything you want to add? Bigham: No. Just that we are a little loose on that -- that one item. I'd like the opportunity to be able to work with staff, something that's worthwhile to accomplish, we'd just like the latitude to be able to work with staff. De Weerd: Thank you. Okay. This is a Public Hearing. Is there any members of the public who would like to share testimony on this application? Okay. Any additional comments from staff? Canning: No, ma'am. De Weerd: Okay. Council, any further information needed? Bird: I don't. De Weerd: Okay. I would entertain a motion to close the Public Hearings on Items 13 and 14. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we close the Public Hearing on CPA 07-004 and RZ 07-005. Borton: Second. De Weerd: Okay. I have a motion and a second to close the public hearings on Items 13 and 14. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Any discussion? If there is no discussion, Mr. Zaremba. Meridian City Council June 5, 2007 Page 18 of 84 Zaremba: Madam Mayor -- and just one question of staff. The paragraph number in the Exhibit B, where I would say work with staff on the multi -use pathway -- 1.3. All right. In that case, Madam Mayor, I move that we approve CPA 07-004 and RZ 07-005, with all comments of the staff report, with the one exception that in Exhibit B, paragraph 1.3, we add the comment that applicant and staff will work together to establish the multi -use pathway mentioned. Borton: I'll second with a little bit of discussion. I don't have too much concern with the language -- from my perspective, though, in light of the fact that there is an existing sidewalk along that northern border, I wouldn't have any heartburn to the extent that the applicant and staff could come to an agreement that that existing sidewalk would satisfy the requirements of 1.3. It's not necessarily dedication of a multi-purpose pathway, but it does accomplish providing some pedestrian and bicycle or other form of transportation along that southern -- northern portion of the property, southern portion of the street. So, I don't know if that's an amendment to the motion -- at least that I would suggest that -- Zaremba: I would be happy to clarify the location, but are you suggesting that five feet wide should be adequate? My feeling is it should be a little wider. Is that what we are discussing? I'm happy with the location. Borton: I guess your -- Madam Mayor e if I could muddy it some more. I'm fine with the five feet and I guess just giving the applicant and staff mixed messages and it becomes an issue, maybe when it comes back to Council -- but a five foot sidewalk along the northern property line as it is is sufficient for me. But I don't think that's the motion, so -- De Weerd: I guess, Councilman Borton, I would put my two cents in with Councilman Zaremba and the area across the street from that is ISP and that will not redevelop. That does not have a sidewalk on that side. As we attract more kids to this site and we increase the pedestrian traffic, whether it's -- it's going to and from or in the midst of breaks or lunches and that sort of thing, a five foot width is not sufficient for a multi- purpose pathway if you're going to put pedestrians and bicycles on there at the same time. That is a relatively narrow road. It will have increased traffic once Locust Grove Overpass is in place. I think -- I think if the school district is willing to work with the Parks Department and seeing how they can make that amenity and a safety feature as well for their facility, we should stick to a minimum, which it sounds like is seven feet, and a maximum, which is ten, and just let them work out the details amongst them. And that's just my personal opinion. As we bring more kids in that area it just concerns me of where the safety aspect and there is not much out there as an alternative and traffic will increase. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council June 5, 2007 Page 19 of 84 Bird: I think a lot along the lines of Councilman Borton on the deal there. You're putting a high school out there and it's not -- as we all know, there isn't much walkers on a high school. It needs the parking. And you take it out and I'm sure we are going to require the landscaping out there, after you put -- after you make your sidewalks and, then, take parking out around the building, I could live with the five foot sidewalk as it is or I could live with whatever they want to go. If the school district wants to put ten foot in, that's fine with me, but I'd encourage them to, I don't think -- I don't think we need to make it a condition of approval. De Weerd: Well, again, we are putting higher density residential out in that area. There will be foot traffic. And I also think there will be additional students other than just high school students, so -- Borton: Madam Mayor? Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I guess I would clarify or restate that my intent in the motion was that the school district and staff would agree on a sidewalk on -- on a multi -use pathway that is pretty much in the location of the current sidewalk, but that it would be wider, in the neighborhood of seven to ten feet, pending their agreement. That was my intent. De Weerd: Okay. Any further discussion? Borton: The second agrees. And I think that little distinction as the motion has been made as worked out between the applicant and staff, seven feet, eight feet, nine feet, that's between those two. Zaremba: I'd like to say seven to ten. Borton: Seven to ten. Zaremba: As worked out by -- in the location of the current sidewalk. Borton: Second agrees. De Weerd: Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Meridian City Council June 5, 2007 Page 20 of 84 Zaremba: Let's see. I did make both of those in one motion De Weerd: Yes, you did. Zaremba: Okay. Item 15: Continued Public Hearing from May 22, 2007: For the Purpose of Reviewing and Considering Fee Changes authorized in Title 9, Chapter 1 Water Use and Service, and Title 9, Chapter 4 Sewer Use and Service of Meridian City Code including Proposed Changes to water and wastewater assessment, water meters and appurtenances, water system itemized damage fees, and water and sewer user rates: De Weerd: Okay. Item 15 is a continued Public Hearing from May 22nd where this proposal was made by our Public Works director and he was asked to come back with some further information. Watson: Thank you, Madam Mayor, Members of the Council. As you mentioned, we discussed this at length on May 22nd. I won't go over all those items as I did on May 22nd. It seemed like one of the things that we were hung up on a little bit was the hydrant meter rental fee and the question was why aren't we putting it higher if we are concerned about people turning those back in. I knew there was a reason and I called our water superintendent Rick Clinton and he said that that fee was implemented in the late '90s. The fear was that if we made it too high, then, contractors would revert back to the days when they would simply find a fire hydrant and steal water. So, it's a delicate balance between getting them to pay for what they use, but yet not charging them too much and that's the -- I -- he had discussed it with me several times over the years and I had simply forgotten what the reason was. And I can answer any questions on that if you would like. I think we'd like to recommend that it remain at five dollars per day per meter as the rental fee, plus they get charged for the volume that they use. We went over assessment fees previously. We also went over user rates. I have put together -- I don't know if you'd call it a fact sheet or maybe just a little bit of an analysis on where some of those cost increases have come over the last several years. I have given that to both the city attorney and the finance director. They have reviewed those today. I would be happy to answer any questions on those. De Weerd: Council, any questions for Brad? Bird: I have none. De Weerd: I guess Brad, have you put together kind of a -- talking points for the staff utility billing and answering any public questions? Watson: To an extent, Madam Mayor, yes, I have. This piece of paper kind of shows where those major increases have come over the last several years and the reason for those particular line items increasing to the extent they have. In a nutshell, the cost of Meridian City Council June 5, 2007 Page 21 of 84 increase is, roughly, the same as the population growth. So, there are a few technical items devoted to engineering that have increased more than the population growth, but, really, that's reflective of the -- kind of the leap that we have made in technology, particularly in the GIS system, adding additional inspectors in the field to cover the growth or the high construction rate that was going on and probably a couple of engineers in there, too. So, we have just kind of matured to a different level in the technical side of things. De Weerd: Okay. But I guess a question and answer, Q and A type sheet, for the website and if this is what staff was given as talking points, you need to dumb it down and that's not to be offensive, it's -- they need to be able to not read a paragraph, but to be able to simplify it, so that it's easy to understand. Watson: I completely understand, Madam Mayor. I got this done this morning. My next task will be -- De Weerd: You know, in engineer-ese, you know, that's one thing, but for the rest of us we kind of like it a little bit simple. Watson: This is more accountant-ese on this one. Bird: I was going to say, this looks like a CPA's, you know, doing. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I would comment that I do appreciate the thorough explanation. For the talking points, one of the things that impressed me is the growth of Meridian as it went over a certain point where the rules changed, but I would certainly mention that in the talking points, because that's a major -- I forget what it was -- 50,000 residents or something like that I think you said. When we went over that the rules changed and that has been a source of some of the increased costs. But I also appreciate the explanation about the fire hydrant meter rental and the background on that and appreciate this work. Thank you. Watson: Thank you, Madam Mayor. Just one more point, if I could bring up -- the effective date. We have had some discussion internally with the attorney's office and the finance department on an effective date for the rate part and we did get some feedback that this rate increase, if it was implemented now, would hit people the hardest during the heaviest use and I think between the three of us we were at least open to the idea of postponing that rate effective date to October 1 st. The rates only -- every other fee has been covered, both tonight and three weeks ago, would be effective August 1 st is what we had proposed. 0 Meridian City Council June 5, 2007 Page 22 of 84 is De Weerd: Okay. I guess, Brad, my question is when you came last month and discussed this, you also suggested that it would be reevaluated this fall. So, if in that reevaluation during the fall you would, then, institute new fees in October and, then, possibly again shortly thereafter? Watson: Madam Mayor, I would anticipate -- when I said that I -- what I had discussed with the finance director was reevaluating these during the month of October and into November as the preliminary audit came back. If we followed a fairly aggressive schedule, we would probably be doing public hearings again in January, followed by potential implementation February, March. De Weerd: Okay. Nary: Madam Mayor? De Weerd: Who said that? Nary: Madam Mayor? De Weerd: Oh. You're never that quiet. Nary: Sorry. De Weerd: Yes, Mr. Nary. Nary: Madam Mayor, I guess to follow up on Brad's comment, when I discussed this with the finance director as well that what she was, I guess, gearing to is on the rate increases, to start pushing some of those towards beginning of the fiscal year and maybe mid fiscal year and looking at those rate adjustments, so that they were more regular. We do some of the trash service adjustments for the fiscal year, we do them in the late summer or early fall for that same purpose, and so she was very amenable to that idea. What I would propose, if that is acceptable to the Council, if you want to pass it by motion tonight, you certainly can do that. We would then -- I would suggest we bring back a cleaned up resolution with those separated dates, because I think it is significant to get the rest of those rates on board and I think the reason Mr. Watson wanted August, that would give adequate time for his department to be able to notify those customers of those rate increases within a short -- fairly short window, but at least give them some notice more than two weeks. If we made it July 1 it would be a little tight. So, we can bring back a resolution with the separated dates for the applicant fees versus the user fees and you can have that on the 19th for ratification or final approval. But I think for the talking points -- and certainly my office can help the finance department in coming up with that. The number of calls that we received -- it didn't understand the difference between the percentage increase as was reported and what the actual increase to dollars and cents is and Mr. Watson's pointed that out much more clearly in this memo. That helps in getting that message out to folks that when most people understand that 30 percent of a water rate increase really meant three 0 Meridian City Council June 5, 2007 Page 23 of 84 dollars, they didn't quite have the same concerns as they did when they thought it was 30 percent. So, we could help with that and help in getting that message out to the different ones, because we get called just as much as -- maybe not as much as the clerk's office, but we get some as well. So, we will certainly help in trying to get that cleaned up. De Weerd: Thank you, Mr. Nary. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Brad, I mean putting this back to October 1 st time table, are we going to have costs increase and -- because you guys are -- your department's always been one that when you come up with costs, you come up with a cost and make the fee off of that. And is it going to -- I mean -- and are we going to work for the next half of fiscal year in the red? I mean, you know, there is -- you got to be practical. There is good common business sense. And are we losing money? If we are, we better stop it. Watson: Madam Mayor, Councilmember Bird, we took a look at the water budget for this current fiscal year. We've had a lot of positions open for the entirety of that year. They have just recently been filled. So, we have over six months -- almost nine months savings and a handful of positions. We have got some other costs that we have avoided. The other -- I don't know how you look at this, whether it's a positive or negative, because we preach water conservation. But water sales are up this current year. I can't promise you that we won't be a little bit in the red at the end of the year. It depends on how much we sell. The high volume months are coming and if it rains and is cold for the next three, four months, yeah, we will be. But -- and that's what hurt us last year, is it was so wet that we weren't selling as much as we had projected rates to be based on. It's something to keep an eye on. De Weerd: It certainly is difficult to run a break-even type of endeavor when we don't have your crystal ball in order, uh? Watson: Yes. De Weerd: Any other questions? I think, Mr. Bird, staff has done very well in their projections and I think there is a comfort level in the proposal that's in front of you to delay that increase until October. And certainly those things would be evaluated then and this falls, in the winter, October, November. Bird: Madam Mayor? If we are going to reevaluate these in October, why are we even messing with them right now? We are not going to -- we are not going to put anything in place, why are we even sitting here talking about it? You know. And to get back to your point, we don't have a crystal ball, but at least we should break even. Meridian City Council June 5, 2007 Page 24 of 84 0 i 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 15. All those in favor say aye. All ayes. Motion carnes. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 16: Tabled from May 22,2007: Resolution No. Public Works Rate Change: 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, call 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 R-15 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. Meridian City Council June 5, 2007 Page 26 of 84 This is the site layout. It's a little easier to see on the landscape plan. As I mentioned, they will be condominiums or villas and each villa will have a two car garage, with two additional parking spaces available in each driveway. The proposed buildings have two and three story elevations for each group of dwellings. You can see those elevations here in a little perspective down at the bottom of those units. And back to the site plan. There is usable open space in the form of pedestrian walks and gathering courtyard, which creates a centralized community amenity and, then, connecting links to the Five Mile Creek to the east and the regional pathway corridor shown there. The gathering area in the center of the project will include seating, shade areas, or community artwork. Additional common areas include a buffer along Locust Grove Road and landscaping on the eastern strip leading to the Five Mile Creek area. We did process this application as multi -family development. The condominium -- condominiumization of that at a future date -- De Weerd: Say that again. Canning: Condominiumization will just be a staff level approval, so it doesn't -- the project that you see before you is a multi -family, similar to how we would evaluate an apartment complex. And, then, these are oblique perspectives looking over the LDS stake center and, then, over the proposed project and into Woodbridge. And you can see there is some slope relief on this property and you can see the houses are on the uphill side. That's the little figure at the bottom. Then it slopes down to the Five Mile Creek. Here are more elevations of the units. This is the two unit structure at the northeast comer of the property as you leave toward the Five Mile Creek. It's a unique structure in that area. These are the four unit structures. You can see the applicant is proposing a number of colors, as well as roof styles. The Planning and Zoning Commission approved this -- or recommended approval of this application with a development agreement at their April 19th Public Hearing. Shawn Nickel, the applicant's representative, spoke in favor. Jerry Cunningham spoke in opposition. Christie Jordan commented. As did Ronald Hodge. The key issues of discussion by the Commission were private streets versus public streets within the development. And, again, the private streets would be consistent with processing this as a multi -family development. The requirement of a development agreement to incorporate the proposed site plan and the elevations. Key Commission changes to staff recommendation were they did require a development agreement to incorporate the proposed site plan and elevations. The outstanding issues before Council are requirement of the development agreement and the applicant has also submitted prospective views of the proposed structures. I asked them to do that. I would add one final thing on this application. We had another one that came through and I'm always a little unsure of what to do with these projects where they are proposing to come in under time and condominiumize the structures, because, then, it puts them somewhere between a townhouse and the apartment building, which is what they come in for the approval. The big changes between those two are the public versus private streets, but also, then, the requirement for two -- a parking pad to accommodate two off-street parkings. And I did ask this applicant to provide those to extra parking pad spaces, similar to what a single family house would do or a townhouse would do. And they have Meridian City Council June 5, 2007 Page 27 of 84 accommodated that on this site plan. So, I did want to note that was part of the discussions internally, although it doesn't show up in the -- in the staff report necessarily. And with that I will answer any questions that the Council may have. De Weerd: Thank you, Anna. Council, any questions for staff? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: If you would clarify for me what the private streets are. Are they what would appear to be driveways or is the whole circle the private street? Canning: Madam Mayor, Commissioner -- Councilmember Zaremba. That was almost the whole -- the whole circulation pattern would be private streets. Zaremba: Thank you. Canning: There are -- so, this is the -- it would be like if you think of this as an apartment complex. This would be the drive aisle. But instead of having -- parking dedicated parking spaces -- oh, song. Christie. Got her with the laser there. You would have parking spaces adjoining the garages -- or in front of the garages, similar to what you would have on a single family home. So, again, we tried to accommodate one of the more restricted elements of the single family home or addressing one of those priority needs, but Council frequently talks about it having some visitor parking for folks when they come to the project. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Anna, this was originally zoned for 20 single family; is that -- Canning: Yes, sir. Borton: Okay. De Weerd: Could you also say -- what is the -- the property, then, behind it -- or to the east of it. There is a flag that runs along the southern boundary and, then, a property that sits to the east. That is owned -- a portion of that property is owned by Jerry Cunningham. Let me go up here. He owns kind of the darker green area going down into the flood plane and floodway areas. And, then, a portion of it -- I'm song, I have forgotten the gentleman's name that -- he's currently the owner resident of the home there. So, it's an interesting couple pieces of property I have been concerned about the future development potential of this property. I did talk -- I did talk to Mr. Cunningham about how this property could potentially redevelop. He understands that he needs to Meridian City Council June 5, 2007 Page 28 of 84 come in with the current property owner immediately adjacent to Bellabrook here on the east, that they could probably do something similar to what Bellabrook is proposing and visit them on that site. De Weerd: I guess, Anna, my concern with this -- with this plat and they may as well -- Locust Grove is going to be a busy road and we are, then, going to have you proving to be building roads and we have yet another access for a number of cars and I guess because that's -- Canning: And, Madam Mayor, again, we discussed this as it was going through the project. It's that awkwardness of being somewhere between a single family residential project where we would typically require stub streets and an apartment complex where we typically don't require stubs, because it's private property. It's a private street network. So, again, it's -- we look for your guidance on this matter, because we are having more of these projects come in and I'm always a little unclear how to guide them, so any pontificating that Council may want to do. De Weerd: And I don't know what you can do, other than we have to look at the long- time of help with that transportation corridor and the safety aspect as well. I know our police department is right down the street, but our fire department is not and they respond to the accidents. Again, that is -- that is a concern, especially when that overpass is completed and what that means in terms of traffic, so -- anything further, Council? Canning: And, Madam Mayor, I should have said guidance, instead of pontificating. I apologize. Nickel: Good evening again. De Weerd: Good evening. Nickel: Mayor and Council, Shawn Nickel. 148 North 2nd Street, Suite 101, in Eagle. Here tonight representing the developer for this project. We are excited about submitting this project to you. We believe it is a unique project, unlike what you have seen in the past for multi -family. Unfortunately, I don't like that black and white drawing up there, because it really looks busy. I want to pass out for you guys to review the -- kind of the aerial that staff had -- yeah. Just pull that out, that's -- that really gives you a good idea of what -- of how the project -- thank you -- of how the project looks in color. First of all, this area that this proposed development is in, is on Locust Grove corridor, which is about to become a major thoroughfare as you are well aware. As you know, this is a major thoroughfare in the making, Locust Grove, with the connection to Fairview and the new overpass. It's also a mixed use area that is developing quite rapidly, as you know. In this area there are churches. There is commercial. There is industrial. There is a police station. There is a fire station. There is single family. There is apartments within the general area. It's a mile and a half from downtown Meridian. Three-quarters of a mile from a city park. It's three-quarters of a mile from Meridian City Council June 5, 2007 Page 29 of 84 that new overpass. It's adjacent to a regional pathway system. And it's about a mile and a quarter from the Home Depot area. So, it's right in the middle of the -- of some of the best action in the city. It is an excellent location for a multi -family development, specifically with that Locust Grove thoroughfare becoming so prominent. As you can see from the pictures that we have provided you, it's not your ordinary multi -family development, it is designed as individually owned condominium units, but it's got the look and the feel of a single family development. And that was a comment that was recognized by your Planning and Zoning Commission and they made comments that it does look and feel like a single family with the individual garages and the individual driveways going into the units. We designed it with 34 units, which will give 1,500 to approximately 2,200 square feet in size for each unit. We designed it to eliminate a garage dominated streetscape, but as you can see on this picture right here with the private loop system, you have side entry garages on the majority of the units, with very few front -loaded garages, provides a nice residential atmosphere. We are asking for a rezone from the R-8 to the R-15. The reason we are asking for the R-15 is specifically to allow this use. Our density actually meets the R-8 density. We are at 7.76 dwelling units per acre. So, we need that R-15 for the type of use that we are proposing. We also would have the Conditional Use Permit for that use. The Comprehensive Plan for this area is mixed use and we are providing access through a private road system. The reason -- the main reason we are doing that is to address -- to address the addressing concerns of the fire department. Otherwise, we would have a service drive, which is what you usually see with a multi -family development. We thought by providing the private road, the addressing is like a single family residential development, it would still have that feel, like I stated -- as I stated. In addition, each unit, as staff indicated, is -- does provide four off-street parking spaces per unit. So, you have got a two car garage for each unit, plus two outside parking on the driveway per unit. With this design we also provided -- 45 percent of the overall site is open space and common areas, including 27 percent of the entire site as usable open space. The open space area includes a 25 foot buffer along Locust Grove for landscaping. It also includes a centralized gathering area with our CUP amenities, a gathering area, some statue art and some pathways. In addition to the pathway system that goes east down towards Five Mile Creek, which is a future or regional pathway system within the city's Comp Plan. We are also providing fencing for the property. We have taken a lot of input and concerns from your staff, including the Planning and Zoning Commission, your planning staff, also the fire department and the police department and also neighbors in the area that have -- we have talked to regarding the visual appearance of this project. What we have -- what we have come back with is the plan that you see in front of you, which is taking into consideration height and bulk of the project, in addition to a better circulation system, less asphalt and more green space and safer access for emergency services and a reduced density from our originally proposed layout. We have provided the elevations, which I will show you again. You have those in your packet. But these are the elevations that we presented. Again, we are really excited on this project to address your questions and concerns, Madam Mayor, over the Locust Grove corridor. We looked at that early on, because we do have a unique circumstance where this property is like a -- is a backwards pie -- or backwards flag and, then, you have got the flag here for this parcel and, then, you have got another parcel back here, which is mostly in the Meridian City Council June 5, 2007 Page 30 of 84 flood plane. When ACHD was negotiating right of way acquisition with the property owners along Locust Grove, they provided two full returns, one here and one there, and anticipating the redevelopment of both of these properties. So, with that I believe ACHD -- and I don't -- I don't know if it's for sure and I don't know if -- I don't want to put the ACHD staff on -- under the gun here without conferring with her, but I'm assuming ACHD, by providing those accesses at the time of the acquisition of the right of way, did look at the traffic patterns that were going to be anticipated once the overpass was completed and the future connections were made on North Locust Grove out to Fairview ultimately. So, to, again, address your concern -- and I know you always have concerns on these major thoroughfares with access. Keep in mind that this property back here is only about two acres in size of developable area. We did take that into consideration. We did look at what it would take to provide a public street system in here and it just didn't work with our -- our vision of this development, this condominium development, multi -family, with the look and feel that we were trying to get. This is a 50 foot wide flag that would provide future access to that property in the back. The distances are acceptable by ACHD for the distancing in between access points on this type of roadway system at Locust Grove. And I believe that we have made every effort to address that and I don't believe by moving forward with this type of project that when this property comes in to redevelop it's going to negatively impact that transportation system. So, with that I will stand for any questions you have. Again, we are really excited about this. We think it's a great project. Ross Erickson is here. He did the layout and the design and worked with the architect, so any technical questions on that he can address. So, thank you very much. De Weerd: Okay. Council, any questions? Bird: I have none. De Weerd: Okay. Thank you. I did have one person sign up on the list as neutral. Paul LeClare at the Woodbridge homeowners association. LeClaire: Thank you, Mrs. Mayor. We are neighbors to this property and we followed it -- other members of our association have been at other hearings and so -- De Weerd: If you will, please, state your name and address first. LeClaire: I will be happy to do that. De Weerd: Okay. LeClaire: Tom LeClaire. 1923 Pratt in Meridian, Idaho. De Weerd: Thank you. LeClaire: And so we are happy to see the development I think. We are concerned about the connecting pathway to the east and we are pretty pleased with what's Meridian City Council June 5, 2007 Page 31 of 84 happened there. When this began it wasn't such an intensive development as it now is and so I think there has been some concern and reaction to this as we thought about it, about the increased traffic impact and we hope that the Council will take that into consideration as they go. One thing just personally looking at the site, a question I have which the applicant or city staff perhaps could respond to, is pretty much -- is the elevation here as it shows pretty much uphill from where all this new asphalt and street ways and driveways are going in. Its pretty much uphill and, then, it's downhill into a flood plane. And so storm water comes to mind as to how it's going to escape from this area and it seems like, you know, if you look at the land now, it's kind of a big swale and it's a great storm water catch basin. And so it's going to have to go somewhere else and we would hate to see our -- our neighborhood -- it's a 50 foot buffer, so it's not so critical maybe for us, but maybe for the church it's a concern, just all this new storm water and where it's going to go. So, that was one. And the traffic impact. Those are two concerns we have had. But no -- I don't think major objections, just like any neighbor, we are concerned about new development nearby. So, thanks for the time and hope that maybe that can be addressed. Thank you. De Weerd: Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Council, any questions for staff before I ask the applicant for final remarks? You know, I -- Shawn, I guess I'd like to ask Christie a couple questions. Nickel: Okay. De Weerd: Hi. Richardson: How are you? De Weerd: If you will, please, state your name and address for the record. Richardson: Christie Richardson representing Ada County Highway District. 3775 North Adams Street, Garden City. De Weerd: Thank you. I guess I would ask you the same question that I -- or statement that I made to staff is the concern of having two access points in this particular area. Can you maybe address that and tell us what was discussed at Ada County Highway District? Richardson: You bet. I happened to be involved in the right of way acquisition related to this segment of Locust Grove Road and we did spend a considerable amount of time working with the property owners and both our right of way and planning staff to come up with the big picture overall view of what could happen out here on both the east and west side of Locust Grove. And so Shawn recounted correctly that we did -- because this was -- I mean we also had to look at -- at the current term, not future. So, that also plays into -- into those negotiations. And so we did allow an access point in this location just to the south of the project and if you will notice, it does align with another access 0 0 Meridian City Council June 5, 2007 Page 32 of 84 point on the west side of the road and that meets one of our criteria. And, then, we do, of course, have the separation criteria between access points and so we allowed the access points to the flag lot and, then, again, the access point in this location, observing all of the other driveways and streets within the area. So, we, like you, do want to reduce some of our access points on our arterials as much as possible. In some instances where we are looking at right-of-way negotiations and trying to prevent condemnations and further things -- as long as the access points meet or exceed our policies and in this case I know that was the case, they definitely exceeded. I think those were the considerations that were given. If this were a plat, certainly a subdivision and single family, then, yes, I do believe we would be looking at interconnectivity with stubs streets. Because this is a conditional use application, not a subdivision, it's a little bit different from the highway district's commenting. De Weerd: Could you not look at it in terms of because that road is a better access point, because it would extend to the west, but looking at this access as temporary in nature, that it would need to connect eventually if that were to ever redevelop -- and, again, I don't know anything about the transportation requirements and all of that, but I will tell you what, we spend considerable time on these busy arterials cleaning up messes because of too many access points. And that is a concern that we have to pay attention to. Richardson: Certainly. And you will never hear us complain about the need for or wanting more access control. And so had this come up with other agencies in the past, again, kind of in the subdivision versus conditional use process, where the highway district doesn't, you know, have that plat signing authority and certainly if the city wants to be more restrictive on access, then, the highway district supports that, but we certainly have to work with the policies that we have in place as well. De Weerd: Okay. Any questions for Christie? Borton: Madam Mayor? De Weerd: Yes. Borton: Christie, your comments remind me a bit about the original time we saw this as a single family dwelling subdivision, where the comments at that point from ACHD, if you recall, requiring a stub street. It would make sense from your earlier comments that there would have been. Canning: Madam Mayor, I can answer that or -- Councilman Borton. They had a street that came and shared a boundary with the eastern property that would have -- Borton: Okay. Canning: -- with a stub on a portion of that. Meridian City Council June 5, 2007 Page 33 of 84 Borton: Okay. Thank you. 0 • De Weerd: Thank you. Okay. Any further testimony? Okay. Shawn. Nickel: Thank you. Again, for the record, Shawn Nickel. Thanks for the highway district staff to give you that information. I'm glad I said it right. Also, I want to thank the members of the homeowners association for Woodbridge and we do appreciate their time. We have -- I'm sure he knows this, but we have met with several of his neighbors that are immediately adjacent to the property and early on when we started designing this project and we had our neighborhood meetings, we talked with a few over here and the result was this layout that you see today. Our original plan actually had two large bulkier buildings along this boundary and we did want to take some consideration for view sheds and -- when looking north from Woodbridge. And so as you can see, we have provided that. We created a new -- actually, a new architectural design, so it's a two and three story building right here and, again, to try to be considerate to our neighbors. It also helped that we did have that 50 foot buffer between the boundary of Woodbridge and our boundary to provide additional buffering. I do understand the concerns of the transportation and more and more as we move forward in -- in this new decade and the next decade. We are going to see more and more in -fill projects and we are always going to have this issue with -- especially these weird funky former county platted lots or parcels that are under separate ownership and it's hard for us to develop them with that crystal ball that you spoke of earlier trying to figure out how they are going to develop the property. We actually did try to purchase this property -- or the developer did unsuccessfully. One thing we could -- we would agree to do tonight, if it would make your decision easier and in our favor, would be to -- we could provide -- again, you got to look — I'm joking, but I'm serious also -- you got to look at the area that we are looking at in the future. There is not a whole lot of area that can be developed, so, again, trying to look at that crystal ball and seeing how this will redevelop, we could provide a -- go back down. We could provide an access -- an easement along this portion right here in the event that this property back here was to develop as multi- family and provide access through our project. We would be more than happy to do that, to agree to a condition of that, if that would help the concerns of the Council with multiple accesses out onto -- onto Locust Grove Road. Keep in mind, again, there is only about two acres that can be developed, so if it was developed as single family, there is only going to be a certain number of lots that you could physically get in there, but you could probably get more -- or you could get more multi -family. So, that proposal we are speaking of right here would provide access through our private street system, so they could continue that along and, then, access out of that access point. So, we would be willing to do that if that helps the concerns of the Council. Again, we are -- we think this is going to be a great project and we think you will like it. We just don't know how else we can address that -- that transportation issue. So, I will stand for any other questions. De Weerd: Thank you. Council, any questions? Bird: I have none. 0 0 Meridian City Council June 5, 2007 Page 34 of 84 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Not really a question, but just a comment and, again, it's one of the things that makes it a tough decision. I constantly ask to see things that are more innovative and imaginative and here we have one. This is great. Different than what others are and I think highly attractive. The issue of the access points is a struggle. Believing that Locust Grove is going to be -- my opinion is that it's going to meet its 20 year design criteria within probably months of the overpass being open. It's going to be a very busy road. I like the suggestion of being able to change that one driveway into a possible access, but, then, that leaves a 50 foot strip along your southern border that has no purpose and if we knew that ahead of time, it would be nice if you could develop that into your property, which you can't do. So, it is a challenge. And I, too, am having difficulty with the transportation aspects of it, but I sure do like the design of it. De Weerd: Any other questions or comments for the applicant? Nickel: Did you want me to address the storm drainage? De Weerd: Yes, please. Nickel: Okay. We are going to retain the storm drainage on site. That's as technical as I can get. My engineer is here if you want to know how we are going to do that, but -- De Weerd: You're following all the rules. Nickel: We are following all the rules and those safeguards are in place with your conditions of approval, so -- De Weerd: Thank you. Nickel: Okay. De Weerd: Anna, anything further from staff? Canning: Madam Mayor, Members of the Council, just to -- just because I have been thinking about what that other piece of the puzzle might do and I do think this is a pretty good solution if we could have it put in the development agreement, because to put a public street down there is likely far too cost prohibitive to make it worthwhile to develop that small piece of property. It's just -- that would be a lot of money for just not all that many units. And, plus, it would be hard to turn it around and get it out again without -- I mean you're just not going to get many units back there, single family homes, on a public street. So, if it does develop as more than perhaps four units -- you could get four units on flags back there and that would maybe pencil out. So, to get more than Meridian City Council June 5, 2007 Page 35 of 84 0 • four houses back there, you probably would need to do a multi -family development and if in the development agreement it states that they can make use of this, that would be beneficial. To see 50 by 100 foot open space -- or that 50 foot wide open space would qualify as a -- quite literally as a grassy area under the multi -family development standards. Yeah. So, it could become part of their usable open space, because it is wide enough. And I'm guessing that Woodbridge wouldn't mind a 50 foot landscape buffer. Just off the top of my head I'm guessing they won't mind too much. So, I think that that is a possibility to address those concerns. Most of that is already paved. You can see the driveway -- private driveway network. So, what they would be doing is extending the darker gray kind of to there, so that it would look more -- the street portion of it, rather than the driveway portion. And that was all. Thank you. De Weerd: I appreciate that. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I think that would help me in the -- again, with the offer to allow access back there and the director's suggestion that instead of looking like a driveway, it would look like an extension of the public -- of the private street. If that slight design change were made and the thoughts that, then, the 50 foot strip to the south would become some kind of open space. That works for me. De Weerd: Anything further from Council? Shawn, do you want to comment at all on that? I think you have already suggested that that would be acceptable, but maybe you could verify that. Nickel: Yeah. Madam Mayor -- Zaremba: Madam Mayor, I would just clarify for Shawn that I'm thinking a little bit beyond just a cross -access agreement that it would look like a continuation of the private road, rather than a driveway. Nickel: Madam Mayor and Council members, yes, that is our intent and this would be a perfect location, because, as you can see, this building right here does have that side entry garage, so that would just be -- you would extend the pavement -- the private road to stub and, then, that access would remain. So, it would be a perfect location to do that. Yes, we intend to make it look like a stub street, but it would be a private stub street. De Weerd: And you will sign it accordingly. Nickel: And we will sign and address it accordingly. Yes. Absolutely. is Meridian City Council June 5, 2007 Page 36 of 84 0 Zaremba: And that would be an advantage to whoever would add buildings to the property in the back, because, then, they would be able to address their properties as well and just adding them to a driveway gives the fire department a problem for identifying where they are going, so -- Canning: Madam Mayor? De Weerd: Yes. Canning: Members of Council. The applicant's engineer has asked that they be allowed to -- that the development agreement includes some language about having a cost sharing, just to take care of that portion of the roadway and I think that that's reasonable. We have done that before and I know we have worked with Bill, who just happened to step out of the room at the wrong time, on some language that just talks about a reasonable cost sharing mechanism, so that they are not holding them at ransom, but -- De Weerd: If it should be redeveloped in the back, then, that would be assessed at that time? Canning: Yeah. And we will work with Bill and the applicant can work with the legal department on the exact language. De Weerd: Okay. Thank you. Okay. Anything further? Council, any further information needed? Okay. If there is nothing further, I would entertain a motion to close the Public Hearing. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I move that we close the Public Hearing on Items 17 and 18. Zaremba: Second. De Weerd: Okay. I have a motion and a second to close the public hearings on 17 and 18. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Council, what's your pleasure? Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council June 5, 2007 Page 37 of 84 Borton: My two bits, for what it's worth -- probably two bits. I really really wrestled with this. And one of the things that makes it really difficult is Shawn has done a fantastic job of presenting this project, like everything else that he works with, and it makes it particularly difficult. On a broader perspective, what I wrestle with is the presentation to us done very well in conjunction with the annexation request that sets forth a particular design and requirements and amenities consistent with an R-8 single, family dwellings, and a lot of the Council's concern and anytime there is an annexation and a desire to see a plat at that time is to make sure that before anything gets included into the City of Meridian that it meets multiple requirements and this particular parcel, at least from my recollection of my thoughts on -- at the time was that particular design, that layout, made sense to me. I don't recall what was specifically discussed, but I believe the shared drive that Anna discussed provided an opportunity for the development of this two acres to single family residential doesn't share that roadway, you'd have your single point of access. This could be a multi -use pathway that connects here, connects -- and allows an ability to use that 50 foot strip on the south side of this particular project. I agree that making it a public street is probably cost prohibitive for that property to the east. That would have rectified the multiple access issues. So, I kind of bought into it at that time and it was presented well and that compilation of project made sense for Meridian. And now it's totally switched, at least in my eyes, to 70 some odd percent greater density, private streets, different access points, creates now an access issue to a property -- or, excuse me, to that strip to the south and we're really challenged with that eastern property to ever get access. The easement issue, which I think, again, is a testament to Shawn probably getting a good sense of some of the concerns of Council is fine on his part from my perspective. I think it's -- I'm not as satisfied with it as I was in its original presentation. I know we had these concerns then and it was a big decision, at least in my mind, to annex it, so I'm not -- I'm not necessarily in favor of this rezone and the CUP application in light of what was presented earlier, which I prefer and I think addresses the concerns of Council that -- Bird: Madam Mayor -- De Weerd: Mr. Bird. Bird: I'm sorry. I, too, agree with Councilman Borton. I think that this was a very nice presentation and a nice project, but I think it's too high density. As everybody recalls on the last one, I had quite concerns of even being R-8. But we did accept it and it was, I felt, for that area, a very nice layout. It married in with that — excuse me — that two acres behind. I also have some quite concerns as we start giving the R-1 5s and the R - 40s and everything, we have got about five properties and five acre properties across the road there that is also out now, but they -- they're getting pushed out of their rural lifestyle and I'm sure are entertaining thoughts of -- of selling to developers and there is nothing wrong with that, but if we start giving the high density, then, we get back to what the Mayor said about the traffic on that -- on that Locust Grove, we just -- we are told that there is going to be a new high school built -- some special high school built at the Jabil's old building. We are hoping that we can get a university of some sort -- a program started there. So, I think we are asking a lot of traffic on a — on a mile of road Meridian City Council June 5, 2007 Page 38 of 84 that probably is at its limit right now and I can stay with the R-8, but, Shawn, this is a nice project, but I don't think this is the place for it. I just can't go above the R-8. De Weerd: Anna, can you tell me what -- they are asking R-15, but they still fall under the R-8 numbers, do they not? Canning: Madam Mayor, Members of the Council, the R-15 request is the first zone that you can request multi -family. The property on the Comprehensive Plan is actually shown as mixed use community, which would allow pretty intense commercial uses and both these properties that have been discussed, as well as the properties on the other side of Locust Grove, are actually approved for mixed use. The townhouses are probably more consistent with that mixed use designation than the single family homes would have been. De Weerd: Okay. But I guess density -wise what is the comparison between this and what was suggested before? Canning: Had 20 units before and they have 34 now. De Weerd: Okay. Okay. Any further comment? Zaremba: Madam Mayor, I guess I would -- it appears that I'm moving into the minority on this project, but I -- I think it's a well designed project, it's an interesting thing, something different from what we have had before, but I could be sensitive to setting a precedent for the R-1 5s in this neighborhood, which may not be appropriate. But I think the access problems -- and the applicant has suggested ways to solve them and they can be solved and with due respect we don't all have to agree. De Weerd: Well, I guess, Councilman Zaremba, I'll lend my voice to yours. I guess, as Councilman Borton suggested, we look at annexation, we want to look at something that will add something to our community that maybe doesn't exist right now and this is certainly it. It didn't come under annexation and it seems that they have done a lot of the amenities over and I guess compromises that we would have been able to obtain through annexation and they did it regardless. It seems like a -- because we don't have a room full of residents from Woodbridge that they have worked very well with the neighbors. The neighbors feel comfortable about what this will look like. It also makes a statement that they feel it will be compatible to their Woodbridge development, which is a nice subdivision. I haven't spent time trying to find it, but, Anna, in their open space -- because they have designed it the way they have, do they have more open space because of this particular design or is that just a perception? Canning: Madam Mayor, Members of the Council, there probably is, because they went from two story to three story units, so a lot that footprint is going vertical and they were able to maintain a fair amount of open space on this project. I don't have the exact numbers. Meridian City Council June 5, 2007 Page 39 of 84 0 De Weerd: And I guess what -- I had a lot of concern and it's a lot because I live and breathe roads and traffic and all of that every day and so it's made me a little bit maybe anal about it, but I do appreciate the easement that has been suggested and a new -- a new idea from -- for the area behind that. It does open up some possibilities for -- for that land holder and -- which they didn't have before and so I think it's a unique product that doesn't exist in our community and with some diligence I think we could also maintain a single point of access for two pieces of property. So, with that said, Council, I would ask for a motion. Canning: Madam Mayor? De Weerd: Yes. Canning: Can I perhaps, reading the tea leaves, make a suggestion, just if -- if it would be beneficial to Council. I know that sometimes when I am struggling with how an adjoining property will develop, I'll quite frankly ask the applicant to draw it out and show me that it works, because I can't see it right away. Would that be helpful to Council if the applicant went and showed the change that we are talking about tonight and showed how that adjoining parcel could develop in a similar manner with some multi- family? Would that address any of Council's concerns? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Don't make a difference to me. De Weerd: Okay. Other Council? Borton: Probably not. Zaremba: I'm in favor already, so it wouldn't help me. De Weerd: I have a no, probably not, and -- okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we deny RZ 07-006, the request for rezone of 4.38 acres from R-8 to an R-15 zone. Borton: Second. De Weerd: Okay. I have a motion and a second to deny Item 17. Any discussion? Hearing none, Mr. Berg. • Meridian City Council June 5, 2007 Page 40 of 84 Roll -Call: Bird, yea; Rountree, absent; Zaremba, nay; Borton, yea. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. De Weerd: Okay. Item 18 for A CUP is immaterial, but we still need a motion. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we deny CUP 07-005. Borton: Second. De Weerd: Okay. I have a motion and a second to deny Item 18. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, nay; Borton, yea. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. Item 19: Public Hearing: CPA 07-003 Request to amend the Comprehensive Plan Future Land Use Map by adding and amending pathway locations for the Pathways Comprehensive Plan Amendment by the City of Meridian Parks and Recreation Department: Item 20: Public hearing: Parks Master Pathway Plan: De Weerd: Okay. Items 19 and 20 are public hearings on CPA 07-003, Public Hearing for the pathway's Comprehensive Plan amendment. I will open this Public Hearing with a statement that it has been requested that this be continued to June 26th. And I will also open the Public Hearing Item 20 for the parks master plan for the pathway and ask for a motion. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we continue the public hearings on Items 19 and 20 to our regularly scheduled meeting of June 26, 2007. Borton: Second. De Weerd: Okay. I have a motion and a second to continue Items 19 and 20 to June 26. All those in favor say aye. is Meridian City Council June 5, 2007 Page 41 of 84 MOTION CARRIED: THREE AYES. ONE ABSENT. 0 Item 21: Public Hearing: 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: De Weerd: Okay. Item 21 is a Public Hearing on VAR 07-009. 1 will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Strada Bellissima project. It is located at the northwest comer of Meridian and Victory. The application before you tonight is for a variance. The variance is in their request to locate the subdivision sign at the comer of Meridian and Victory, rather than at the subdivision entrance. The entrance is shown a ways back from the intersection and they are asking for the subdivision sign to be located at the intersection. The code is fairly clear on where that subdivision entrance sign needs to be and, therefore, the need for the variance. The applicant actually worded the request best, so I'm going to read that as the proposal. It says the main departure from the signage as delineated in the ordinance is that fact that we intend to move the allowed subdivision identification sign away from the entrance at Victory Road, which will be obscured from view due to the curvature of the road and the location of the future building. So, they'd like to move it closer to Kuna-Meridian Road. The entrance is moved further away from the road for public safety, but due to the road curvature and building design, that location doesn't function well for a sign location. That's it in a nutshell. Here is the proposed sign structure. There are two entrances to the business park. One is -- both serve as entrances into the subdivision as a whole. The offices are located along the two arterial streets and, then, you come in and you will see the house lots there. These are some site photos. So, this is the view of Meridian Road and Victory Road intersection from the subdivision entrance off of Victory. So, there is the intersection where the lights are. Staff did recommend denial. We were not able to make the required finding that the variance would not grant a special right or privilege. Some of those -- the staff report states that some of those conditions are self imposed. The main one being the location of the building. But the curvature of the road and the hill are not. But the location of the building, as stated by the applicant, is kind of their own -- it is within their power to change it, so -- with that I'll answer any questions. De Weerd: Thank you, Anna. Any questions for staff at this time? Bird: Not at this time. De Weerd: Okay. Is the applicant here? If you will, please, state your name for the record. Crawford: Michael Crawford, representing Pinnacle Engineers and Strada Commercial, LLC. Madam Mayor and Council, thank you for your time this evening. 0 0 Meridian City Council June 5, 2007 Page 42 of 84 De Weerd: Could I get an address? Crawford: 12552 West Executive Drive. De Weerd: Thank you. Crawford: Part of the difficulty with this has been the nomenclature in the code on signs, in that per the code there is allowed to be two entrance signs, one at each entrance, and two -- Anna, can you help me? Canning: Center signs. In a planned sign program. Crawford: Now, if we were to erect the center signs as called out in the code, they would look something like this with all of the tenants listed. Actually, this shows approximately 18 tenants. There will be -- could be up to -- De Weerd: Anna, can you turn on the -- does that work? Canning: I'm having difficulty getting it to work now that we moved to two monitors. De Weerd: Oh. Okay. Canning: I apologize. I need to get with IT and figure out how to work it again. De Weerd: Well, it's hard for the people in the audience to see what we are referring to. Canning: I will make a note to myself. De Weerd: Do we need two monitors? Crawford: So, essentially, you could have two of these signs up, one in the location that we are asking for and one halfway down Meridian Road, if you will. So, we could be -- have a center sign here and a center sign here. And, in addition to that, the entrance sign which we currently have here and the one we are proposing here, would be located at this point. So, there would be four signs around the entire project. What we are asking for, essentially, is to move this sign to this location and eliminate the two signs with all of the tenant listings on them and just have the much cleaner version that we have got up there, essentially, without the individual businesses being listed at all. We feel that's cleaner and better for the area and more to what the citizens would like to see there. Rather than more signs, we are asking for less, actually. At the entrance itself, then, we would have one -- get all my things straightened out here — small monument sign that would go next to the entrance. This would be the monument sign that would be next to the entrance on Victory. I have copies, if anybody would like them. De Weerd: Well, I think if we don't have copies -- we will need a copy of the monument. • Meridian City Council June 5, 2007 Page 43 of 84 Crawford: And with that, basically, I'll stand for questions. De Weerd: Okay. Council, do you have questions? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. 11 Borton: I got myself confused a little bit. The big sign here is the one that -- rather than have it originally here, as required, it would be moved to the comer? Crawford: Correct. Borton: And you would, then, use one of the little signs that you just showed here? Crawford: The small monument would be next to the entrance. Borton: The entrance here? Crawford: Yes. Borton: Okay. Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And the north entrance still would have the sign -- signage that is shown there; right? Crawford: A sign just like that. De Weerd: Okay. Any other questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just one. Then there would be no sign called the center sign that lists -- Crawford: Correct. Zaremba: There would be none anywhere. Crawford: None anywhere. We would keep the signage on the buildings themselves. Meridian City Council June 5, 2007 Page 44 of 84 De Weerd: You would certainly want to build that into the agreement. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Anna, do you know what -- right offhand do you remember what's across the street there at D&B? Do they have -- Canning: What kind of signage they have? Bird: -- signage right on the corner? Do they have signage right on the comer? Canning: Yes, sir, they do. They have a center sign right on the comer, kind of angled at 45 degrees. They have -- I think they have a center sign at their -- hold on just a second. They have center signs at their entrances and I think Texaco has a sign right at the comer. I'm a little unsure. They have several monument signs. They have quite a few signs on that property, as I recall, so -- Bird: Follow up, Mayor. I personally don't have any problem with moving that out now that that is a four-way stop or -- it's got a lighted intersection now. If it hadn't been lighted, I would not be in favor of that. I -- but I'm like the Mayor, within this agreement we have to make sure that our staff can keep so that there is no center ones put in there, because to me that would be too many signs for that little development. But I have no problem with moving it out there if it don't -- isn't a safety hazard and I don't see it being a safety hazard with the lights now. De Weerd: Any other questions? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: To clarify the requirement to which the director has denied this on in the first place, since I was involved with the committee that wrote the sign ordinance, which eventually was absorbed into the Unified Development Code and, then, modified slightly, the purpose of the center signs was to help the motoring public have at a glance an idea of what businesses were in the subdivision, without having to read the signs on every building as they motored by and there was -- and there was a distinction made between those and the entryway signs and the purpose of both of those kinds of signs and the fact that they are two different kinds of signs, the intent was to help the public identify quickly, not only where the entrances were, but what is in the subdivision. So, I support the decision that the director made in the first place. She made the right decision. But I could also see -- I mean the reason we have the appeals process is sometimes there can be a different decision made and I guess what I'm looking at is 0 0 Meridian City Council June 5, 2007 Page 45 of 84 what the dimensions of this sign are, as long as they -- as long as the sign would not be in the sight triangle, which it can't be. Bird: Correct. Zaremba: I think I could go along with the applicant's proposal. De Weerd: Okay. Zaremba: I understand the reason for why they are -- why it's written the way it is and why the director had to make her decision, but I could see this as an exception. Crawford: Definitely with the current zoning of L -O, we are all going to be professional offices, although we are looking at a couple of retail possible uses, but that's a whole other matter. But as professional offices it won't be looking for traffic to be coming into be finding them, it would be by appointments normally and so forth and so there won't be a need for a lot of visible signs on the street for passerbys, so it just didn't make sense to us to have everything lighted out by our street. Zaremba: Thank you. De Weerd: Okay. Bird: No retail. Excuse me. Crawford: Currently. De Weerd: Right now no retail. Crawford: No retail right now. De Weerd: Okay. Anything else for the applicant at this point? This is a Public Hearing. Thank you. Okay. I do have one other person that signed up to testify. Shanna Gardner signed up against. Is Shanna here? We have bored her to death. I apologize. We did have -- Shanna did sign up in opposition. Is there anyone else who would like to provide testimony on this application? Okay. Hearing none, any final comments from the applicant? Okay. Council, any further information needed? Okay. Staff? Canning: Madam Mayor, Members of the Council, if Council decides to approve the variance request, if you could give us some guidelines on how you would like us to word that finding with regard to not granting right or special privilege and from what I have heard of the testimony so far, perhaps you could adjust that by giving up their entitlement to a center sign, it's not granting a special right or -- just a consideration for Council. 0 Meridian City Council June 5, 2007 Page 46 of 84 De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Anna, the only -- the only reason I would support moving it out there from the deal is because of the curvature of the road and I think that that was -- that location of where they had to go in kind was kind of mandatory at the time. That's the only reason. And I certainly don't want to set a precedence by doing this, but I think -- I think this is one instance where we have to -- that I feel it's right to do, but no way, shape, or form do I want to take away from the sign ordinance that we worked so hard to do. Canning: And, Madam Mayor, Councilmember Bird, I think that that's what Mrs. Watters was particularly concerned about is setting a precedent. But, again, with the applicant volunteering not to do a center sign, I don't -- most folks that are asking for allowances in the sign code aren't willing to give up anything generally, so -- they are just asking for additional. And this is -- this is definitely a different circumstance. De Weerd: Thank you. Okay. Anything else, Council? I would entertain a motion to close the Public Hearing. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the Public Hearing on VAR 07-009. Zaremba: Second. De Weerd: Okay. Motion and a second to close the Public Hearing on Item 21. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Any discussion needed or do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I will try the motion, because I want to make it very clear so that we don't set a precedent. I move we approve VAR 07-009 with the conditions of one large sign being moved out in a safe location the southeast comer of the property. One large sign being at the north entrance. And a small monument sign being allowed at the south entrance 0 ! Meridian City Council June 5, 2007 Page 47 of 84 off of Victory Road. And that will be the only signage allowed for that project. Is that clear? Canning: Madam Mayor, Members of the Council, Councilmember Bird, if you could specify the only free-standing signs. I'm sure the applicant will want signs on the buildings. Bird: Okay. Free-standing signs. Okay. You know what I meant. De Weerd: Well, we did need clarification. Okay. Do I have a second? Borton: Second. Zaremba: I would second that. Madam Mayor. De Weerd: Okay. Zaremba: Do we need to add to the motion the detail that this is being considered because of the curvature of one of the access roads to this project, makes the identification signage less visible from the more heavily traveled road? De Weerd: I do believe Mr. Bird included that in his comments. Bird: Yeah, I did. Zaremba: Okay. Sorry. I missed that. Bird: That's no problem. Zaremba: Thank you. De Weerd: He probably was mumbling at the time. Okay. Any other discussion? Anna, do you need any further clarification? Canning: No, ma'am. De Weerd: Okay. Borton: The location of those signs is clear? De Weerd: I want to know the definition of safe. Bird: The vision path. Canning: No. I think — the only thing -- Madam Mayor, Members of the Council, the only thing that I wasn't clear on is I don't think we can condition a variance. I would look Meridian City Council June 5, 2007 Page 48 of 84 to Mr. Nary. We could request that the applicant submit a sign plan -- sign plan program consistent with that, but that I wasn't sure if we could actually condition a variance, but -- Nary: Madam Mayor, Members of the Council, it probably would be cleaner to at least have a sign plan submitted. We could certainly include it in the language, but it doesn't necessarily have the same effect. All it would be is more of a reference for the future. I mean could they come back in later and ask for an additional sign, ask for a monument sign, I think they could. I don't think they would be barred from it, but certainly if that language is included in the order, then, at least a future Council would know that that was at least your intent at this point not to grant it. Circumstances may change, buildings may change, uses may change, so I don't -- I think you can include it. I don't necessarily think it bars them from requesting it. De Weerd: So, can Council ask that a sign plan be submitted as they approve the Findings for this variance? Nary: Do you think that it's had enough time, Mrs. Canning? Do you think -- I mean I would think that should be problematic to submit that as -- prior to the -- prior to the approval of that they are going to have to submit a sign plan to the planning department is probable reasonable. Canning: Madam Mayor, Members of the Council, I would think that it would be -- they have all the signs ready to go. They probably actually tried to submit a planned sign program and we might have kicked it out, because it needed this variance. I'm getting a nod from the applicant. So, we should be able to have -- we can approve that and have it attached to the Findings if Council and Mayor would like that. Bird: I have no problem adding that to the motion, that they would bring a sign plan. Canning: We don't need to table it. We can just attach it to the Findings. We have to redo the Findings, so — Bird: Okay. Borton: Second agrees. De Weerd: Okay. Thank you. Okay. Any further discussion? Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 22: Public Hearing: 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 0 Meridian City Council June 5, 2007 Page 49 of 84 Is Overland Road for Host Property by Thomas & JoAnn Pfost —1205 West Overland Road: De Weerd: Thank you. Okay. Item 22 is a Public Hearing on AZ 07-005. 1 will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is either the Pfost property or the Pfost property and we have apologize, because we are not sure of the applicant's pronunciation. The application is for annexation. The property is located at 1205 West Overland Road on the south side of Overland, approximately a quarter mile east of Linder. The applicants have applied for annexation and zoning to R-4 for 1.46 acres. The site is currently improved with one single family residential home and accessory buildings. Accessory outbuildings. The home is located in the path of the Overland Road widening project and has opted to request annexation to hook up to city water. Sewer is not yet available, but in anticipation of it being approved, the applicant has -- the annexation being approved, the applicant has already paid the required hook-up fees for the existing residence to obtain city water. Staff is recommending that a development agreement be required to insure that when sewer is available to the property that the home be required to hook up at that time. Don't have any elevations for you, but the Planning and Zoning Commission recommended approval at their May 3rd, 2007, Public Hearing. Tom Pfost or Pfost -- I'm sorry -- spoke in favor of the application. There was no opposition. No commenting. And no written testimony. There was no key issues of discussion. And no changes to staffs initial recommendation. So, to our knowledge there are no outstanding issues before Council. And with that I will answer any questions you may have. Borton: Thank you, Anna. Council, any questions? Bird: I have none, Mr. President. Borton: Okay. Would the applicant care to come forward? Pfost: I am Thomas Pfost. Silent F. At 1205 West Overland, Meridian. And, of course, it's pretty plain that the reason for the request was the widening of the road took our well and we decided instead of digging another well, to just hook onto city water, since it was just right there. So, that's our request. Borton: Okay. Zaremba: Mr. President? Borton: Mr. Zaremba. Zaremba: I'm -- just for my information, I'm curious why you chose R-4 and maybe not something that would make your property more valuable. 0 Meridian City Council June 5, 2007 Page 50 of 84 Pfost: Well, at this time we are -- it might be a year before we move or the process or whatever and we -- at the time we didn't feel that we wanted to pay the taxes on it. Zaremba: Good point. Pfost: But in the future it probably will be requested. Zaremba: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I thank you for going R-4. Borton: Was there a discussion -- and I guess the question is to you or to Anna -- about entering into an agreement to hook up to water without an annexation and, then, annexation could or would occur upon redevelopment of the property? Prost: Well, we just -- well, when requested I did call the city -- well, no, I called the city and annexation was required, of course. Borton: Madam Mayor first. Canning: President Borton, Members of the -- that's okay. I was going to call you Madam Mayor, too. President Borton, Members of the Council, it's pretty unusual, actually. What happened earlier today is fairly unusual. We don't usually provide water and sewer services without the annexation agreement. So, staff probably directed the Pfosts to go ahead and seek annexation. We did talk to them about -- briefly about if they wanted to convert it into an office. At the pre -application meeting we kind of looked at some of the issues associated with that. Part of the issue is that you all generally like to see a concept plan and they weren't prepared to move forward with that at this time, so felt it was just better to come in with a residential designation and somebody could rezone it in the future if they wanted to. Triangles are difficult to develop. Borton: The reason I ask the question -- I guess if the end result is to try and get the city water hook up -- and I understand almost always want that to be in conjunction with the annexation, you know, just thinking out loud, it doesn't make sense to annex it -- it doesn't necessarily have to be the means to get us there, if there is an ability and the rare exception to allow for hook up without annexation, just because once they are brought into the city we lose a lot of our ability to help direct how this parcel might join in and develop with other adjacent parcels. So, I'm not necessarily in disagreement with the end result and desire, but -- and I just throw that out there for Council discussion. Pfost: We would have gone any way. We just went on the advice of the city. Meridian City Council June 5, 2007 Page 51 of 84 Borton: Yeah. Pfost: So -- Borton: Okay. Pfost: We would have been happy the other way. Borton: Okay. De Weerd: Any other questions, Council? Bird: I have none, Mayor. De Weerd: Thank you. Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Council, anything further? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Anna, can you give me a quick answer as to why my observation is off base? It might be, I just -- Canning: No, it isn't. It is exactly the issue we faced earlier tonight with an unusual? Shaped parcel. So, this is another unusual shaped parcel they have. I believe -- and I'm going by memory of a meeting that was several months ago. But I believe that both these properties are owned by the same person. They actually take access out at this very narrow point. So, ultimately, it would be best if someone were able to acquire at least three, if not all five, at some point in the future -- six -- to redevelop. One solution might be to zone it R-2. With an R-2 designation somebody would have to pretty much rezone it -- and you have the same ability to request a development agreement with a rezone that you do with the annexation and zoning. So, you're not losing that opportunity there. The R-2 would allow them to continue to have their home on the piece of property, but kind of forces somebody, probably, to rezone it in the future. I doubt people are going to want 12,000 square foot lots on Overland Road as an ultimate development potential, so -- Borton: Okay. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Maybe to add onto that, it seems like there are occasions that over the years we have had properties that have been -- been granted services in a limited capacity, with 0 Meridian City Council June 5, 2007 Page 52 of 84 0 the anticipation that at some point something else would happen and they sometimes will get lost in the system by that and we don't have another designation -- like some other cities will have an agricultural designation or an open designation or something else that is, essentially, a holding zone that will, then, require them to do something else if they want to do anything different. So, I think Mrs. Canning's suggestion is sound in that it gives, again, the future Council the ability to address this property again, with only a limited amount of services being provided. I wouldn't recommend it if they were requesting both services, because at the point where you are going to be granting water and sewer, you're limited in more on what your future uses are going to be. The only concern is that it has been a standard practice and a policy of the city that once the services are requested, that both services are hooked up at the same time. If you want I guess the Public Works Department to revisit that or have that discussion in context of a different -- either an application or a workshop or something else, that might be something else that the Public Works Department may want some direction on. I don't know if Mr. Grady has a preference, but I know that that is normally the discussion point with applicants is if you want water, then, sewer comes with it and this is how it works. And that was probably the nature of what the discussion was and why we are here. De Weerd: Len? Grady: Madam Mayor, Members of the Council, I know that in the past, especially when there is a fairly serious water quality issue, I do know that we try to expedite and get them hooked up to water with an annexation agreement. But, certainly, like Mr. Nary mentioned, if that's not what Council wants us to do, then, we can back that off a little bit. I would be interested if that was the case and this one seems to have slipped through the cracks on me as to how he got hooked up so quick. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Another thing, Council, again, I don't think your thought process is incorrect, Councilmember Borton, but there are occasions that you have had, especially on your larger roadways, like Overland or Fairview, where you have applicants who would love to only have service, because that's all they really need, yet the city's objective is to get them into the city, compliant with city standards, sidewalks, gutter, landscaping, buffers, all those other things and your services sometimes are your only means to do that. So, if you want to -- if this Council wants to establish a different practice, then, the staff will probably need some guidance to do that, so that it isn't arbitrary that we are simply making that -- it's difficult from a staff perspective to make that decision individually on every single case on which one they think is more suitable for a piecemeal sort of service application versus one that really require more of the -- the compliance with city standards and sidewalks and those types of things. That's a slippery slope that I just don't want you to fall into is on this individual piece of property it probably makes some sense to grant an exception. If you want to do that, then, I would ask you to find some 0 0 Meridian City Council June 5, 2007 Page 53 of 84 language that carves out why that's necessary, so that we don't end up in a situation when it's a business or it's an area that we want to get redeveloped that we don't have the -- we don't have to apply the same standard every time. De Weerd: If that's the direction of Council, Mr. Nary -- Nary: Right. De Weerd: -- would you have suggested language for them? Nary: Madam Mayor, Members of the Council, I mean I think the R-2 designation is probably a good start on that, because it allows for, essentially, says the existing home to remain. There is no changes they are seeking. They are really only asking for service. They are not even asking to enlarge the footprint of the facility or the building. So, something like that certainly is a good reason that limited service might be different than a business that wishes to expand or a business that wishes to change use or a business that wants to relocate or if they wanted to even enlarge this house, which they are not asking to do any of those things, they simply have a well that needed to be replaced and they are not wanting -- not wishing to take that expense and Central District Health probably wouldn't be supportive of them doing that anyway. We have done those limited types of circumstances. I just -- again, if you were looking for a broader rational for staff to look at, then, we want to be more cautious. If you're looking for a very narrow reading for this one, then, I guess I would ask that you keep it fairly narrow, so that we can compare it to the limited residences that we have allowed this to go to. De Weerd: Okay. Anything else Council? For staff? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I guess just a question of I recently read something that was explaining the water, sewer, trash bills. Technically, they can't be separated. Once you generate a water usage you're billed for the other two. Is there a way that somebody can hook up the water now and be hooked up to the sewer and the bills can be separated? De Weerd: Yes. They are not annexed. Bird: Yeah. We can do it. De Weerd: Len, do you have -- Grady: Madam Mayor, Members of the Council, that is correct, we do have some water only accounts and, in fact, I believe we also have, strangely enough, some sewer only accounts, so -- • Meridian City Council June 5, 2007 Page 54 of 84 De Weerd: Very limited. Grady: Yes. De Weerd: Thank goodness. Grady: Very very rare. De Weerd: Okay. Anything else, Council? Zaremba: I know we are trying to find the best fit, that we are coming up with a solution that the applicant has not asked for, and I might ask him to comment again. De Weerd: Okay. Canning: As the applicant makes their way, Madam Mayor, Members of the Council, can you describe where you are in your best fit? I'm sorry, but I'm unclear as to where you're headed right now. Zaremba: I personally am in favor of approving the request, but we appear to be trying to find another way to do this. De Weerd: Okay. He's walking a long way to answer that one. Mr. Bird or Mr. Borton? Borton: Madam Mayor, I like the R-2 idea. It's a great opportunity for it to come before Council on redevelopment. I guess that might be the question posed to you. Zaremba: I also could support the R-2 instead of the R-4, but I just would ask the applicant -- the other discussion was trying to find ways for you to get service without being annexed at all. Pfost: Uh-huh. Zaremba: You seem to have been willing to be annexed. Pfost: Well, we didn't know whether it was -- well, we didn't ask for a choice, we just asked for I guess a recommendation and they recommended that. Zaremba: Okay. Pfost: But on the agreement in Planning and Zoning, it was an agreement that we'd sign or call a lawyer to sign to agree to sign up for the sewer when it came through. But, again, I didn't know there was a choice there either, so -- Bird: Madam Mayor? Meridian City Council June 5, 2007 Page 55 of 84 De Weerd: Mr. Bird. Bird: I am in favor of giving them the one service, but I am not in favor of giving to them if they don't annex. Every time we have done it outside it's always been on the assumption that the minute you became contiguous you come in. I have no problem with -- the water is a lot easier to bill out than the sewer is. So, I have no problem with that and I, too, would like the R-2 zone, but I could live with the R-4 or whatever Mr. Pfost wants to go. That's better than the R-15 anyway. De Weerd: Yeah. I wish we had an R-1. Zaremba: Would you know which would make your taxes cheaper, since that was a part of your decision not to ask for like a commercial zone? Would R-2 be cheaper taxes or would it be the same? De Weerd: I don't think it makes a difference residential. Zaremba: It's either R or not. Okay. Pfost: So, if we -- if we went to the R-2, then, it would condition we would stay on the water and wouldn't have to go on the sewer, then? We'd just keep the well -- or keep the sewer on septic? Borton: Madam Mayor. There would be a development agreement that once sewer is available you hook up. Pfost: Oh. Okay. And R-4 would be -- Borton: The same. Pfost: Oh, the same. Okay. I just didn't know, I guess. Canning: Madam Mayor, Members of the Council, that's where I wasn't sure where you were on that issue either, so I'm sure I confused the applicant. It's my fault, so -- De Weerd: Are we clear on that? Do you have any questions? Pfost: Just whatever -- whatever would help us in the future with the property, you know, whether it goes commercial or whatever down the road. Just whatever is a benefit to us is what I would go for, but, of course, that's -- Zaremba: But somehow you need water when they pave over your well. Pfost: Yes. • Meridian City Council June 5, 2007 Page 56 of 84 Zaremba: Okay. 0 De Weerd: That would be helpful. Thank you. Thank you, sir. Okay. Council, anything further? Bird: Madam Mayor, I do have one. Anna, it isn't a benefit, really, to be R-2 for him, is it? Other than -- I mean you and I both know it's going to come back and be rezoned. Canning: Madam Mayor, Members of the Council, it's likely to be rezoned regardless. I mean if it were 50 years from now and just that house is still there on a piece of property zoned R-4, you may get somebody that decides to do four townhouses on it. But I think that those properties will get acquired before then. Bird: Staff was the one that recommended the R-4, wasn't it? Canning: The R-4 is consistent with the Comprehensive Plan designation of medium density residential. Bird: I have no problem with that myself. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Not to get all lawyerly on everybody all the time, but if the desire of the Council is to -- to, I guess, have another look at this property at redevelopment, there are -- and part of your reasoning is to, essentially, create a holding type of zone, it wouldn't violate your Comp Plan to make it an R-2, you would almost assuredly get it in front of you again. There are occasions -- and from a staffs perspective, if we are looking at the future types of options for folks, if their only altemative was an R-2 that certainly is a little different discussion for the planning staff than it is if it's an R-4. There has certainly been occasions of R -4's that have been annexed and zoned and an R-4 came in front of you and you weren't very happy with it. And the variety of R -4s is large and the varieties of R-2 is not. So, that's at least if you want to consider that as an alternative. This, again, is a fairly small piece of property and I think as Mrs. Canning stated, it probably would have to come in front of you in some fashion anyway, but an R-2 would give you more options. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Unless there is additional input needed, I would move we close the Public Hearing on Item 22. De Weerd: Thank you. Meridian City Council June 5, 2007 Page 57 of 84 Zaremba: Second. I second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Item 22. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: In light of the great disagreement that Councilman Bird and I might have and his desire to make density -- being so pro density on this particular issue, discussing R- 4, 1 got to disagree with him. Zaremba: R-4? I thought it was R-40. Borton: I'm going to request something less dense than what Councilman Bird and his pro density platform are putting forth and I would move that we approve Item 22, AZ 07- 005, request for annexation and zoning from RUT to an R-2 and have a development agreement coincide with that that requires a hook up to sewer as soon as that becomes available. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve Item 22 with the conditions as stated. If there is -- is there any discussion? Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 23: Public Hearing: 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: De Weerd: See, now you know why it's suggested not to let these meetings go passed 10: 00. And we apologize for the lateness. Item 23 is a Public Hearing on AZ 07-004 1 will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Locust Grove Professional Office Building. It's located at the southwest comer of Locust Grove and Overland, as shown on the zoning map. The application before you tonight is another annexation and zoning request. The application is requesting annexation and zoning of 2.4 acres • Meridian City Council June 5, 2007 Page 58 of 84 0 to L -O and that is consistent with the Comprehensive Plan designation. The applicant has submitted a concept plan and elevations. The -- just to point out a few features of the concept plan. The driveway is located at the south -- southernmost end of the property to get it away from the Locust Grove intersection, approximately 440 feet south of that intersection. The application before you tonight does include some specific development agreement provisions, including that -- that the development conform to this concept plan. That only principally permitted uses within the L -O zone be allowed and that the hours of operation be limited to 6: 00 a.m. to 10: 00 p.m. That there be just one office building approximately 21,000 square feet and restricted to a height of 35 feet. I can show those elevations there. The structure shall be consistent with the elevations submitted and with variations in the roof line and either eaves, a sloped roof, parapets, and/or cornices, a form of awning over all building entrances. At least 30 percent of the street facing fronts to contain windows and at least two different types of siding and accent materials. And those are largely from our design standards for entryway corridor. It also includes -- the DA also includes a 25 foot wide landscape buffer adjacent to Overland Road and adjacent to Locust Grove, with alternative compliance granted for a concrete landing, retaining walls, and two stairways. This is a sloping site. It slopes to the west I think. Yeah. I'm getting nods from the audience. Yeah. And it also includes a 20 foot wide land use buffer and a six foot tall vinyl perimeter fencing along the south and west property lines adjoining the residences. And that fencing would be installed prior to certificate of occupancy. As mentioned before, the commercial building is 2,100 square feet. It's -- 21,000. It is a single two story structure, so there is just one structure, but it is two stories high. And the Commission recommended approval at their May 3rd, 2007, Public Hearing. Wes Edwards, the applicant's representative, spoke in favor, as did Charles Eldridge, the developer. No one spoke in opposition, but Mike Vaughn from -- the president of Sportsman Pointe homeowners association and Gene Dartelle, a neighbor, and Mike Buffert also a neighbor spoke -- commented on the application. There was no written testimony. Key issues of the discussion by the Commission were the allowed uses within the L -O zone and compatibility with adjacent residences. The hours of operation. The grading of the property, so as to not impact the adjacent residential subdivision. And the provision of additional landscaping to buffer the adjacent residential subdivision from the proposed office building. Key Commission changes to staffs recommendation were that the hours of operation for the site be from 6: 00 a.m. to 10: 00 p.m. and that the applicant construct a fix foot tall vinyl perimeter fencing along the west and south property lines. The outstanding issues of concern for the City Council would be -- again, the residents have expressed concerns regarding compatibility of the elevations and the height of that structure with the homes to the west. And with that I will answer any questions Council may have. De Weerd: Okay. Council, any questions for staff? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. • Meridian City Council June 5, 2007 Page 59 of 84 Zaremba: I believe I heard you -- and I see in writing that their height restriction is 35 feet. The residential subdivision next to it would have that same height restriction. Canning: Yes, sir. De Weerd: Okay. Anything further? Is the applicant here? Edwards: Wes Edwards. Ruby Edwards Architecture and Design, 415 West Hays St., Boise, Idaho. De Weerd: Thank you. Edwards: We are pleased to be here with you tonight, Madam Mayor and Council members. We are in agreement with staff. However, Anna, do you have a slide of Exhibit B showing our plat in your file there? Canning: No, I do not. Edwards: Okay. The actual -- would you go back to that last slide that has the zoning -- that one. As indicated in the staff report, it mentions that the acreage is 2.48 acres. That was prior to ACHD acquiring the right of way on the north and the east of our property. The actual property acreage within that new boundary is approximately 1.5 acres. And also as Anna indicated on the previous application before you, that a triangle parcel is very difficult to develop and we have went through many renditions trying to come up with a design that fit the needs of this -- of our client, as well as address the Unified Development Code and this corridor along Overland Road and Locust Grove. We are aware that this is a major intersection once this overpass is complete. We wanted to develop -- there is the plat that I was referring to. As you can see, the amount of right of way ACHD acquired took a significant portion of -- from that 2.48 acres. Anyway, so we wanted to develop a building that was an anchor for this intersection and that the building presented to the street and not a parking lot to the street. And our -- Anna described our alternative compliance application was to create a public plaza on that comer that would give patrons and employees from this building an opportunity to be outside and be able to go across the street to a retail development for different needs. And also create a pedestrian friendly environment at that comer. As indicated, the property does slope from Locust Grove to the west. Locust Grove being a high point. Approximately eight feet at the north and a little less. We just don't have a complete survey at this time, but it's a little less on the south end. Our client has been in communications with the Sportsman Pointe Subdivision on multiple occasions, both in neighborhood meetings, as well as phone conversations, and we are trying to cooperate with their concerns as best needed with the vinyl fence and landscaping along the western border, so that there is not a visual concern there and there is also -- with the -- a concern with the slope at the entry, if we were to have any icy event and the entrance were to be iced over, that there would be a concern of cars sliding into the neighbor's backyard there. And we are more than willing to address that with -- it would more than likely be a trash enclosure at that location for easy access for the sanitary Meridian City Council June 5, 2007 Page 60 of 84 service company to collect the trash at that point where the trash enclosure would act as a buffer to prevent cars from going beyond that 20 foot buffer into the neighbor's yard. Or bollards would be another option, if that was not an appropriate location for that trash enclosure. But we are more than happy to address any concerns or questions that the Council may have or that the neighborhood may have as well. De Weerd: Okay. Thank you. Any questions at this point, Council? Bird: I have none. Zaremba: Madam Mayor, just a clarification. Your discussion of the plaza that would be, essentially, on the back of the building, but is -- is that going to be an entrance that's not going to look like the back of the building? Is it going to be dressed up? Edwards: Could you go to the elevations, Anna? Canning: I'm song? Edwards: Could you turn to the elevations? Let's see. Zaremba: Probably the Overland elevation. Edwards: It would be the top elevation. It's the curtain wall glass, transparent, where you can see the activity of the building from that comer, from that plaza. Zaremba: There will be a doorway that looks like an entrance? Edwards: Yes. There will be a doorway. Yes. Zaremba: Okay. Edwards: I mean there will be store front and glass to serve as a safety feature for the police as they are trafficking, they could be -- you know, they could see movement inside the building at night as well. De Weerd: Okay. Zaremba: Thank you. De Weerd: Thank you. I have a couple of people that have signed up. Mike Ball. Ball: Anna, that's Mike Ball, not Mike Vaughn. De Weerd: I know. I had to pull my notes and say, okay, I thought this says Ball here. Meridian City Council June 5, 2007 Page 61 of 84 Ball: Yeah. It is. I'm Mike Ball at 1629 South Labrador Place. I'm president of the Sportsman Pointe Homeowners Association. Also adjacent to this property. Well, the builder has been very cooperative in coming back to us and the owner with working out agreements for the vinyl fence and also the specifications of how they were going to do this in making sure they have got our input. The only last concern we have, which is the one they addressed at the last, was the elevation coming down from Locust Grove into that parking lot. It's about an eight foot drop. And so we are trying to make sure that elevation is at the bottom, so that the fence line is a full six foot fence and that we have some kind of safeguard in there to where when it is icy or when they do come in that parking lot too fast they don't go right through that fence right into the neighbor's backyard, so -- because that is the narrowest piece of the property down there where the entrance is. But other than that, this -- the homeowners association is very much in agreement with this. It's a very good building. They kept the size limitations and compared to what's there, it's a -- it will be a lot better site, so -- De Weerd: So, did you have a preference on what -- using the bollards or -- Ball: Well, I'd really rather not have a trash can up there, but the neighbor -- or the next gentleman to speak is the neighbor that lives right at the end of that, so I'm going to let it kind of be his choice. But to me bollards would be better and some other site for the trash can -- or trash container location, but -- De Weerd: Okay. Ball: But as a general rule, the homeowners association has worked very well with them and they have been very cooperative and we really appreciate that. De Weerd: That's great. Thank you, sir. Ball: Thank you. De Weerd: Gene Vertell. Dertelle. Dertelle: Dertelle. De Weerd: Dertelle. Dertelle: Gene Dertelle. 1728 Labrador. Your Honor, Council members. I'm the one that has -- right below the driveway and I have some concerns -- De Weerd: Are you right in here? Dertelle: Right there. De Weerd: No. Right here. • 0 Meridian City Council June 5, 2007 Page 62 of 84 Dertelle: The first lot. The first -- De Weerd: So right here? Bird: No. Back. To the west. Right there. De Weerd: Right there. Bird: Right where you're at. De Weerd: Okay. Dertelle: Right. I was concerned in regard to the elevation of that parking lot in regard to a vinyl fence. Now, there is vinyl fences and there is panel fence. They can put rail vinyls, which would definitely not be suitable, but a panel fence -- and also what the grade of that parking lot is. Now, should they raise that parking lot three feet, even though you put a six foot fence up, you have got three feet of car sticking out above it -- or two feet or whatever it is. I'm kind of concerned about that and that grade, unless you're talking about 50 foot, actually, from the road down, and with about an eight foot grade or better -- eight foot drop, that's going to -- and I think councilmember here mentioned about an icy road last time we were here, I believe it was, I'm liable to have him in my dining room. It's a concern. De Weerd: That would be. Dertelle: And another thing is I certainly wouldn't care to have a lot of garbage cans back there either on the end of my property either, you know, so -- De Weerd: They do need to fully enclose it and usually it's more than a fence. Dertelle: Okay. De Weerd: But -- Dertelle: But some type of barrier or something there of curbs in the ground or something raised above, so they can't come on through it. De Weerd: You know, I -- yeah. Would you consider that -- you know, I guess bollards could be one thing, but if you had -- yeah, I wouldn't want the trash enclosure right there either. It's closest to the neighbors and when they back up they make a lot of noise. But would you have any opposition to maybe a partial cinder block wall in that area? I agree, a vinyl fence doesn't stop a car. Ball: That's not going to stop it. Meridian City Council June 5, 2007 Page 63 of 84 De Weerd: But if you had bollards and a vinyl fence -- I guess I'd like the applicant to maybe think while you're sitting there at some of the solutions that could be posed and we will see what their solutions might be. Certainly we would want them to work with you on and whatever -- Ball: We are more than willing to work with these people. They seem very knowledgeable and acceptable to some of the things we are saying, but we still got to look at this point what could happen. De Weerd: Yeah. That's a big slope. Ball: Thanks. De Weerd: Thank you, sir. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: Just to comment on a couple of those subjects. I don't see a trash enclosure described on this site. Typically, it would be closer to the building, to make it useful for the people to use. That being said, I wonder if it would be too difficult to -- in front of these parking spaces just do some pipes that are upright in pretty substantial cement, like they do to protect signs behind -- beside drive-thrus and buried -- vertical pipe anchored in cement that would stop a car, two or three or four of them along there. It wouldn't be that noticeable. De Weerd: An opportunity for public art. Zaremba: Just a comment. But the other is I don't see where a trash enclosure would go. De Weerd: Yes. Zaremba: It doesn't appear to be depicted. De Weerd: That's true. I have one last person who has also signed up. Charles Eldridge. If you will, please, state your name and address. Eldridge: My name is Charles Eldridge. I'm with Specialty Contracting, located at 2525 Stokesbury Place here in Meridian. 83646. De Weerd: Thank you. L] Meridian City Council June 5, 2007 Page 64 of 84 • Eldridge: I am developing the property and appreciate the time that staff has taken to put this together today and the work that's gone into it and for the neighbors for meeting with us on the different issues which we have discussed. Zaremba: I'm sorry, Madam Mayor. Could I ask you to speak a little louder or closer to the microphone. I'm having trouble hearing you. Eldridge: Sure. Okay. The main points that I'd like to discuss with you and point out is as far as the zoning of this area, I think we are all pretty much in agreement that it meets the Comprehensive Plan and in meeting with the neighbors it's a less obtrusive zoning, light office, medical complex, or professional office that meets the needs of that south side of the freeway in that area. We are also agreeable with the hours of operation. I think the access is the concern right now of the neighborhoods the most. We actually had a meeting scheduled prior this evening with a neighborhood meeting also one Monday night as well. Monday night we weren't able to round up enough neighbors to make it a worthwhile process, so they canceled it. But Mr. Ball has worked with us quite frequently on deciding how to best address these issues and things. So, I think the biggest issue that we have -- that we have encountered -- and I think you have heard about and we want to make sure it's resolved and addressed -- I personally did the elevations before contracting this lot and there is an eight foot elevation drop from the exact comer right here, approximately. I'm not a civil engineer or a surveyor, but there is an eight foot drop from this comer to there. And so what we have done is we have sunk the building down in this courtyard area is about eight feet. So, the elevation of the building is no higher than what a single story -- or a double story home would be. So, we have reduced that impact as far as views. Now, it slopes down here and there is, actually, only about a four foot drop from here to here to the property line. So, with our civil engineers, they have a required grade to meet as far as sliding and slipping on that and that will not be a big issue. I think we are -- this will be raised a little bit and this -- we have to meet certain drainage requirements. As far as putting bollards there, I'm not at all in opposition or -- to doing that. I think once we -- if we had a contour plan and perhaps we probably should have had a civil engineer put a contour plan together for us so you could see that. But, once again, we didn't know that was going to be a big issue tonight, or we probably would have. We have attempted two other meetings, like I say, in the last week that we didn't get any attendance at. So, anyway, I think that's a great idea to put bollards or cement posts in there. We would not be objected to that. We talked to -- we have revised this with the neighborhood as far as landscaping -- to put significant landscaping and shrubs in here to reduce the opportunity for streetlights to come in there, along with the fence that we have decided to provide for them or split the cost with them on. We talked originally about doing a concrete fence, but the cost was so prohibitive that they didn't want to do that and I don't blame them at all. So, we have -- we have discussed those issues and I think the best case scenario, in our opinion right now, would be to -- you know, we will be more than happy to put in concrete bollards there, to give that added since of comfort and safety to the neighbors that are to the -- to the west. I would -- I don't think it's going to be a problem with the elevations, but if it is, that would give the added comfort I'm sure. As far as the trash access, we don't really have any liberty to decide that. The trash 0 0 Meridian City Council June 5, 2007 Page 65 of 84 enclosure people, SSC here in Meridian, in the previous buildings that we have done, they have basically dictated where we can and cannot put that. So, we are willing to put it where ever they require it, but their biggest issue is access, where they can most easily access it without dealing with other cars and issues. And, then, the only other issues -- we talked a little about the topography and the utilities are adequately planned for this intersection, as when working with the Comprehensive Plan when Meridian was doing this corridor -- the Overland and Locust Grove corridor, it was -- it was planned very well for a building of this type with utilities and power and whatever is needed there. Working with the neighbors, they didn't want anything retail, like the Maverick across the street and things, so we feel that this is a good servicing area for medical or professional. So, that's — and I'd stand for questions. Bird: Madam Mayor? De Weerd: Okay. Mr. Bird. Bird: Mr. Eldridge, what is the length from the road back to where you put the fence? Eldridge: Four hundred -- oh, I'm -- Bird: Your entryway in there, how far is your property line or whatever you want to -- a hundred feet? Eldridge: From here to here? Bird: Yeah. Where you drop your --125 feet? Eldridge: One hundred point eight five right here. Bird: Oh. One hundred feet. Eldridge: Yeah. Bird: And you're dropping four feet in that -- Eldridge: Approximately four feet from here to here. Bird: That's not much of a grade, is it. De Weerd: Don't talk to the audience, Mr. Bird. What kind of slope is that, then? Eldridge: Like I said, what I -- it is eight feet from here to here, when we used the laser and we shot the elevations on that. Down -- the street goes down considerably here and it goes down considerably here and the slope of the property -- I estimate it to be about four feet from this point to this point on this farthest end. And so our access is 440 feet away from the intersection and that's where we found it would be the best, 0 Meridian City Council June 5, 2007 Page 66 of 84 0 most useful way, but, basically, I -- you know, that's -- that's the best we can do without a contour map to prove that. I -- De Weerd: But you're willing to find some mitigation in working with the neighbors to make sure it's suitable? Eldridge: Absolutely. Yeah. Yeah. We would be happy to meet with them at that location and show them with the laser the elevation difference and consult with our civil engineer at that point in time to give them a feeling of ease that this grade does not exceed any of the -- any of the requirements that are allowed as far as public safety is concerned. We do not want any problems with access there. At 21,000 square feet, this building will service, you know, people coming, whether it be dentists, orthodontists, periodontists, endodontists -- it may be a dental center, it may be another medical facility, it may be a professional, and we haven't -- we have got several plans that we are entertaining at this point, as far as -- but that's what we are seeing most of the demand for is something like that and so as far as the busyness of it, we want to make sure that entrance is very suitable as far as the elevations go, that we don't have it too steep where people are hitting their back bumpers on the -- on asphalt. We don't want to ruin the asphalt or ruin the driveway that way, so -- De Weerd: But we do know some drivers and so precautions are good. I did want to add clarification. I heard you say that you were going to share the cost of the fence. The fencing requirement is your requirement. Eldridge: Yes. That is our requirement. We originally discussed with the neighborhood association splitting the cost of a block fence -- De Weerd: Oh, a block fence. Eldridge: A stone fence. And that bid at 70,000 dollars or so, we decided -- and they decided -- De Weerd: Vinyl was good, uh? Eldridge: Yeah. Vinyl was really good at that point, so -- De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just to clarify on the vinyl fence, it is a solid fence; right? Eldridge: It is. It's panel. Yes. 0 Meridian City Council June 5, 2007 Page 67 of 84 Zaremba: Thank you. De Weerd: Okay. Anything further, Council? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: The only thing that really jumps out to me that is of some concern are these particular spaces here. And I don't know if you have got every space you need packed in here. In light of the concern, you know, of coming down here, whether it's light pollution from headlights or the slope on slippery days, these particular spots, assuming they are flat -- I mean they are a four foot slope in a portion -- not the entire one hundred feet. This seems to invite, assuming they are going to be used, someone having to back out right into where people are pulling in and the question as I look at this is if there is an opportunity for perhaps three spots to go away to round this, to have a little more landscaping, also which would -- would address some of Councilman Zaremba's right on the money safety concerns, should someone slide. I don't know if that's an option. Eldridge: Well, I appreciate your concern on that. And we looked at that, too, very -- very detailed and what we have come up with, once again, with it being a triangle site, we have tried our best to accommodate for a 20,000 square foot building, the adequate parking that would be needed. I'm afraid if we eliminated that parking, we would get significant complaints from people across the street that are going to be developing in the future, these people taking their parking spaces and coming over to our building and I'm just afraid we -- we are already really really tight on that and we are -- as you indicated, we are going to lose one to a trash enclosure anyway. Borton: Madam Mayor? De Weerd: Uh-huh. Borton: And I understand that, but I guess the question -- if I'm suggesting losing four spaces— Eldridge: Uh-huh. Borton: -- is it a policy, this decision here, suggesting whether or not that makes sense or is it we don't need to meet the parking requirement, we are at the absolute limit and we are not allowed to give up those spots? Eldridge: Well, we would -- in fact, I'm not going to -- we are above the limit, so we would still be able to do that if we lose three spots, but that's only because if we were in Boise city, if we were in Nampa, if we were in any other city but Meridian, the parking is most lenient here, as far as spaces per thousand, and typically when you're dealing with ! 0 Meridian City Council June 5, 2007 Page 68 of 84 a doctor or a dentist or a physical therapist, they would not purchase or want to be involved in a building that wasn't five spaces per thousand square feet of building. Right now we are at about -- we are considerably lower than that. So, we are really tight. So, that's a good question. But I would -- I really -- that makes it a -- it really hurts the project to do that, to lose those parking spaces. We get enough complaints as it is about lack of parking. I mean our own office building where we are at right now, we are -- you know, one to five hundred is the code for Meridian city and that is -- we have got 11 parking spaces for 3,000 square foot of -- I'm not complaining, Anna, at all, but it is the most lenient -- lenient one and it's difficult to find clients that really want to be there for that. De Weerd: Well, it's just a minimum. You can always do more. Eldridge: I know. That's what we are doing is a little bit more, but we could go down to the minimum is what I'm saying. You're right. So -- De Weerd: Okay. Anything else, Council? Bird: I have none. De Weerd: Okay. Thank you. Is there any further testimony on this, application? Okay. Wes, do you have any closing remarks? Okay. Council, any further information needed? Anna? Canning: Nothing. Other than I take great pride in my lenient parking standards. De Weerd: Well, this is on a future public transportation route. Is that correct, Mr. Borton? Borton: Absolutely. De Weerd: Absolutely. Canning: And within great walking distance of Mountain View High School. De Weerd: Yeah. You could park there. Okay. If there is nothing further, Council, I would entertain a motion to close the Public Hearing. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we close the Public Hearing on AZ 07-004. Borton: Second. 11 Meridian City Council June 5, 2007 Page 69 of 84 0 De Weerd: Okay. Motion and a second to close the Public Hearing on Item 23. All those in favor say aye. All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Any discussion? Zaremba: Let me try. Madam Mayor, I move we approve AZ 07-004, to include all staff comments, plus the requirement for applicant to work with staff and the neighbors to establish either bollards or cement -- either cement bollards or cemented posts in the southwest area of the lot facing the entrance. Bird: The southwest comer, but facing west. Zaremba: Southwest comer facing west. Yes. Bird: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Mr. Berg. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 24: Public Hearing: AP 07-003 Request for City Council Review of an Appeal of the Director's Determination to deny a request for a wholesale trade (food broker) use in an L -O zone for Main Street Marketing by Dale Lindley - 3723 North Locust Grove Road: De Weerd: Okay. Thank you. Item 24 is a Public Hearing, AP 07-003. 1 will open the Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Main Street Marketing project. It's located at 3723 North Locust Grove Road. It's north of Ustick. It's an appeal of a director's determination. The applicant submitted a certificate of zoning compliance for a food broker use within Brockton Subdivision, which is zoned L -O. The property is in Lot 10 of Brockton Subdivision, so it's right up towards the north end of the site. The Unified Development Code does not specifically address food brokers, but it does tell me what I need to do when I come across a use that it doesn't specifically address. It tells me I need to go to this document called the North American Industrial Classification System, which is published by the United States Department of Commerce, which lists every single possible use you could ever imagine. You can -- if there is a use, they have got it documented in this -- in this classification system. And, then, what I need to do is find out what the closest category to that -- how that complies with the Unified Development Code. So, in this case I go find a food broker use and I look at the closest one and it tells me that the closest -- the thing that it's most close to i Meridian City Council June 5, 2007 Page 70 of 84 i in our code is a warehouse use and warehouse uses are prohibited in the L -O zone. And, therefore, I had to deny this certificate of zoning compliance. Before the applicant gets up there and because it's late at night, if I were just going on reason and didn't have it spelled out how I was supposed to find out what the closest use was, this is an office use. They have got some storage in there. They might have a freezer. But, really, it's an office use where the applicant wants to run their -- their wholesale business, but they keep very limited supply in the office. This is a picture of the building. And this is a floor plan of the structure. So, there is a fairly large storage area with some offices around and a small retail showroom in the front, but it's more of a -- just a showroom. It's not a warehouse use. But, again, my code tells me how to look it up and that's how I looked it up. So, I encouraged the applicants to appeal my decision so that you can make that determination. De Weerd: And with that I'll answer any questions Council may have. De Weerd: Thank you, Anna. Any questions for staff? Bird: I have none at this point. De Weerd: Okay. Is the applicant here? Thank you for hanging in there, sir. Lindley: Thank you very much. My name is Dale Lindley. 2746 South Kingsbury, Eagle, Idaho. Madam Mayor and Council. Thank you for hearing -- Anna struggled with this one and as we sat there and tried to explain to her, I understood it was frustrating for me, because it was pretty blatant that I'm not a warehouse. I don't warehouse product. She used the term as far as wholesale. I'm not wholesale. I'm a broker. And the difference is -- there is just -- the problem is there is very few of us that exist in here. But I do a tremendous amount of business in the Meridian area. I'm a local Meridian person. I was born and raised here. I delivered milk to the creamery we just torn down. I went to high school here. I still live on the same farm that my family raised cattle on, which now is developed and we went back and built a house there. And one of the reasons we chose this area that is very important to us is it's very close to myself and my family, who is part of our business, but also my employees, it's very very close for us to get there. Anna, if you could kick back to the plat, I wanted to clarify one thing. The open space that we were showing there is not going to be for our use. That is going to be for rental space, if somebody wants to come in and rent that space. We are just taking advantage of the size of the lot. Our storage space will be back -- I don't know how to work this thing here, so I'll give it a try. Our storage space will be right here. And also we are hoping to expand our business, so this will eventually become offices and our storage space will be here. But because of the type of business we are in, I think I have provided you with letters from Food Service of America, which is a very big customer of mine. I probably do in excess of 40, 50 million dollars a year in sales to that company alone. So, needless to say, I cannot warehouse that type of stock here. We do a lot of business at Tri City Meats, another Meridian company, and we do with Capital Distributing, another Meridian company, and some of the restaurants and stuff that we do business with here are here in Meridian and school districts, hospitals, et • Meridian City Council June 5, 2007 Page 71 of 84 cetera, et cetera. We are a professional service, guys. That's what we are. We are an office building. Our business runs from computers. We need an access door in the back. It makes our life a lot easier from the standpoint that we do a lot of trade shows, we have big equipment in there from the standpoint that I've got freezers and coolers, because I am in the food service business and when they send me a sample, they send me a six number ten case of green beans to show Food Service of America or they will just send me a 50 pound box of meat and I need to show them one pound of meat and - De Weerd: That's quite a sample. Lindley: And, believe me, the food banks loves us. Last week alone the mission came in and picked up about 2,000 dollars worth of product. We make sure it goes to the right places. That product is not sold retail, it is not sold wholesale. It's strictly samples. That's what it's for. But I have to have this equipment to hold it. Also we very much need to have the space for storage and today our world has changed a great deal and there is a lot of food recalls and it is my responsibility as a representative of companies like ConAgra and Danen and Campbells and other meat companies we have out there, that if we get a recall, I got to know where that product's at and we have to get to that storage and we have to be able to get those files very fast to know exactly where that product was sold to, so that we can trace that product where ever it may be in the entire state or within our city. So, I'm asking for us to be what we are. We are not asking for any type of change at all. De Weerd: Well, sir, I certainly can understand why Anna had trouble with this. Lindley: I do, too. De Weerd: But it sure seems pretty cut and dried to to me. Lindley: Thank you. De Weerd: So, how is that for cutting to the quick. I do have people signed up in support of this, but I wonder, Council, if we need to show support or -- but certainly if you have stayed here all this time we would want you to come and talk. Lindley: Oh. That was one thing that we did have a question on. We want a roll top door on this site, strictly from the standpoint for us to be able to get access and stuff. It is nothing -- it is an eight foot. We don't want a curb cut. I don't need a curb cut. It's strictly for access. It makes our life much easier. We are right next to the dump, so nobody's going to see it, it's away from -- away from the road. De Weerd: Okay. Thank you, sir. Lindley: You bet. Thank you. Meridian City Council June 5, 2007 Page 72 of 84 Canning: Madam Mayor, can I comment on that last issue, in case other people want to comment? I would be concerned about doing that, because this -- that would invite, should they ever leave this -- this use -- or this building, that would invite a contractor to go in there. That's typically where we see the roll -up doors with an office store front is for a contractor's yard, a small contractor's business, which wouldn't be appropriate with the hours of operation and comings and goings so close to a residential neighborhood. That's, actually, what started the whole investigation into the use is the roll -up doors. So, we have now come full circle, so -- Lindley: May I -- De Weerd: Uh-huh. Lindley: I would have no problem at all agreeing that if -- I'm building this building for an invest for myself, family, et cetera, et cetera. I plan on keeping the building. But I have no -- you can put in whatever you want to, I guess. We would be happy to close that up at anytime that we would -- that we would vacate. And there is also a possibility that if my business expands, I'm going to close it up anyway, because I'm going to need it for office space. It just makes my life so much easier. We do so many food shows -- if I go to a food show for Food Services of America, I'm going to have 20 booths in their -- in their show. I will take out of there a trailer load of shaping dishes, fryers, you know, ovens, display racks, things like this, for the shows and that's what it's for. And also an access for our equipment, that if one of those freezers goes down, I have got to be able to get it in and out of there. But I would be more than happy to vacate that if at anytime that we would sell. De Weerd: Mr. Nary, is there a way to restrict that to single ownership, on sale it has to be vacated? I don't know how you would enforce that. Nary: Me neither. I don't know how we would force someone to -- De Weerd: Well, that was a short answer. Nary: -- remodel their building on vacating the use of it. Lindley: If we vacated it, we could just put regular swing doors on it or -- it's only going to be an eight foot entrance, so, you know, it's not going to be -- it's a single -- single wide. It's not -- I don't want a curb cut. I don't need a curb cut. We are not going in and out of there. With a curb cut -- a contractor couldn't do it without doing a curb cut, could he? De Weerd: You would be amazed at what they do. Nary: Madam Mayor, this is just a CZC request; isn't that correct? So, there isn't any other recorded type of document against this parcel. • Meridian City Council June 5, 2007 Page 73 of 84 • Lindley: The developer had no problem with it. I had him write -- you know, write a letter. I think you guys received that also. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Anna, is the eight foot door -- the roll up your problem? Canning: Yes, sir, that's what -- Bird: What about a swinging eight foot? Canning: I think that that's what we had compromised on with -- Bird: Or sliding. Canning: I think this -- Bird: You know, you can go by -- you can go buy five foot aluminum one side and three foot the other, makes up your eight foot. Lindley: We will make it work. Bird: And you can swing it. But it defeats your purpose. Lindley: What's the difference? Bird: I can go in there and put -- I can put in a cabinet shop and have swinging doors and get in just as good as I can a roll up. I don't see what that roll -up is hurting, to be truthful with you. I just -- we can't -- I mean I don't feel I can stop him from having an opening out there and I can -- as far as me going and setting up a shop, I don't care whether it's a swing or a roll up, I'm going to -- I don't care. So, you know, a roll up to me is much nicer, because you get it up and out of the way when you're bringing stuff through. Lindley: I think we can make it look -- blend into the building better also as a roll up. Bird: I mean in my business we put in a lot of eight foot entrances, five foot of basically a fixed door, you only open it up when you need it, you get in, and the other three foot one with your every day use. But it's still an eight foot opening. Borton: Madam Mayor? De Weerd: Mr. Borton. • Meridian City Council June 5, 2007 Page 74 of 84 Borton: Mr. Nary, is the question limited just to this -- seeing the use in the L -O zone? Are we also, then, have an opportunity to make door decisions as part of this? It seems to be beyond the scope of what we were originally deciding. Nary: Madam Mayor, Members of the Council, I guess -- the reason the door discussion is, I guess, out on the table is because if you were to grant that and the reasoning was that this is truly not a warehouse and whatever limitations you wanted to place on it to assure that it not be used as a warehouse, is within your discretion to do. I agree with Mr. Bird that there is still an eight foot hole in the wall and whatever kind of door is in it is probably not, in and of itself, going to be a deterrent. Now, maybe I'm wrong, but unless another user, who has a similar use to what's being proposed, most other types of users are going to require some change to the interior of some sort. Would that be an opportunity, Mrs. Canning, that the planning staff would be reviewing the use or would that only go to the building department, because it might just be a tenant improvement? Canning: We do sign off on the tenant improvements, but, generally, if there -- if there is no -- if they say it's going from the same use to the same use, then, we can't do anything. But -- or we don't generally do anything. It's hard to catch. I just -- I guess I - - the whole reason this interpretation did come up -- and I'm going to make my case one more time -- is that you got this -- this office building that was approved only as office -- largely because it was adjoining a residential neighborhood and putting roll -up doors to me was just a big flare gun that said this is not an office use and that's why we started questioning what exactly was going in there. Flex space is not allowed in limited office. We get a lot of requests for flex space in limited office and I say no, because it's not really a use that transitions well to residential and I guess to me it may still be an eight foot hole, but when I see a roll -up door I think warehousing, contractors, things like that. I don't think of an office use. I have never worked in an office with an eight foot roll -up door. I mean I just -- I'm sure they exist somewhere, but -- I mean it would be a very unusual building type to have as just as an office. It's very common for flex space. So, I guess -- I feel fairly strongly about this. I thought we had this issue resolved before tonight, otherwise, I would have emphasized it more on my presentation. But my understanding was they had agreed not to ask for the roll -up door, so I didn't bring that up as part of the presentation. I'm okay with -- Bird: Madam Mayor? De Weerd: Mr. Bird, do we have a roll -up door on our loading dock for our City Hall project? Bird: You know, I can't remember whether it's a roll -up door or a swinging door. I got a -- Anna, the roll -up doors -- you have no problem with a swinging door? I mean you can take -- you can take a nice aluminum entryway, put obscure glass in it, insulated obscure glass, people can't see in, it looks like a store front, it looks like a lot of offices -- I mean I can take you around to a lot of offices that's got these. Do you have a problem with that? L� Meridian City Council June 5, 2007 Page 75 of 84 L J Canning: I think the concern is that it looks like a store front. It would be the -- preferable. Bird: But I'm telling you, you can do the same thing with it. I got eight foot of opening to take stuff in and out. Canning: And that's fine. I understand they need to get material in there. Bird: That's up to the applicant, then. Boston: Madam Mayor? De Weed: Yes, Mr. Borton. Borton: I -- the application, I'm in support of the change. I understand the planning director's need to deny it, but I also agree with Anna with regard to the door issue. There is no eight foot door, as I see it. You know, I understand changing and approving a particular use, but I'd support Anna in that discretionary call as to whether or not the door is appropriate. De Weerd: Okay. Well, this is a Public Hearing, so I have Shawn Morehouse that signed up for. That's really itching to get up here and testify. Morehouse: Shawn Morehouse. Mark Bottles Real Estate. 5418 North Eagle Road. 83713. De Weerd: Thank you. Morehouse: Madam Mayor, distinguished Councilmen, in my job description I have to find places to put clients. Mr. Lindley has been a total office user. Totally understanding that and that's why we found Brockton -- the Brockton Subdivision to put him in there. Can you go back to the plat of the -- he doesn't need to have any open space, any frontage, or anything. So, we looked for something that was really different that we could put him at. So, we found Lot 10 of Brockton Subdivision, which is inside the subdivision park, which is -- Locust Grove is to -- that's Locust Grove right there. And, then, you have Heritage Commons right here. We set the building, since it's kind of like a hexagon, we set the building to match the layout of it here. If you have been to Mr. Lindley's office, which I have been, he has currently now big freezes in his office and it's kind of a bizarre thing, but that's what — that's what he does. And so what we did is is we designed this building that this door or opening would be right here. Now, it is not atypical of any office, but neither is what Mr. Lindley does as a food broker, because we had to go get denied April 30th, but he is strictly an office user, but, again, he doesn't -- is not an atypical office user and we simply requested — and I guess what drew the red flag was a roll-top door. Now, that roll-top door, we could go and get permission to do a regular door, eight foot or whatever, swinging glass doors, or E Meridian City Council June 5, 2007 Page 76 of 84 whatever, but for ease we just asked for a roll-top door. And I think that's what he's asking for is a roll-top door. Does it matter? No, we could go do a garage door that matches Heritage Commons and we've got -- we've got pictures of it, but we specifically designed this so you could not see it from Locust Grove, that it would be strictly facing there and there has been landscaping recently just planted there. So, you're not -- no one's going to see it and that's why we have requested that. And it's -- and he's not an atypical user of office and so that's why we requested the roll-top door and I'm sure that's why the red flag come up. You see some roll-top doors in retail, but not very often in office, but they are out there. They are out there. And that's why we requested it, because it makes his life a whole lot easier, especially upon a recall of food, which we commonly get lately. De Weerd: Okay. Council, any questions? Bird: I have none. De Weerd: Okay. Thank you. I also have Ken Marler that had signed up in support. Marler: Ken Marler. 2390 North Crooked Creek Lane, Meridian, Idaho. De Weerd: Thank you. Marler: I'm here to support Main Street Marketing as a client friend, food service -- food show helper, along with my 36 years of food serving experience I'm very familiar with what a food broker does and what his business is and it is as we have discussed, a professional situation. We do not buy product directly from Dale. He will bring it to our location, show it to us, we will see the food show, we will, then, in tum, order from either Food Service, Sysco, Tri -Cities, whoever our suppliers are. I have known Dale for years. I have never seen anybody transact money or buy or take anything from his location. His job is to show the food products around to the suppliers, to the individual users, the food service users. And that's really about all I have got to say. I'm open to any questions from the restaurant end of the deal about understanding of the food brokerage business if there is any. De Weerd: Okay. Thank you. Thank you. This is a Public Hearing. Is there anyone who would like to provide testimony? Yes sir. McKay: My name is Dennis McKay. I live at 3816 North Park Crossing Avenue in Heritage Commons. De Weerd: Thank you. McKay: The only concern I had when I saw this was truck traffic, because we do have a nice neighborhood and we don't want to have a lot of problems. Right now across the street is the high school. We have 18 wheelers that park there all weekend long and right by the LDS church, 18 wheelers. Right on Locust Grove. So, when we see this 0 • Meridian City Council June 5, 2007 Page 77 of 84 coming in, then, and we are thinking that this gentleman had the kind of business we are talking about, it was a concern. That's why we came down tonight. He's alleviated some of that. I think the only thing I would like to see is to have a regular eight foot garage door put in, instead of the roll up. The roll up does give you the connotation that it's a business -- retail business, warehousing, where if you have an eight foot garage door commercial, it's a garage door. So, that would be my only wish that it would be done. So, I, with Anna, agree that the roll-top just won't look good from the back second story homes looking down on the roll-top door. De Weerd: Okay. Thank you. McKay: Thank you. Hart: My name is Dan Hart. 3608 North Park Crossing Avenue. It's also Heritage Commons. The only concerns I had is he never really spoke on how much traffic was going to be coming in and out. And, then, also the possibility of renting out some of his office space, how much traffic that was going to generate. And also I don't know if -- he spoke of trade shows. I don't know if that's actually at his building or not. So, those are my only concerns. De Weerd: Okay. Thank you, sir. Ma'am. C. McKay: Hi. My name is Claudine McKay. 3816 North Park Crossing Avenue, Meridian. My concern is setting a precedent. Once we have such a business, who is to say we won't have another business that will grow on. It's like people getting hooked on marijuana and they go onto cocaine. Who is to say they are not going to have a retail business for food. Once we set that precedent, it's -- we have opened the door. So, that's my concern. De Weerd: Thank you. Did you have something you wanted to -- J. Lindley: My name is Jane Lindley. I reside at 2746 South Kingsbury Way, Eagle. De Weerd: Thank you. J. Lindley: Wife and partner of Mr. Lindley. And I'd like to explain to you guys a little bit about our business. When we talk about food show -- sorry. When we talk about food shows, we are talking about loading the trailer with heat lamps and shaping dishes and deep fryers -- you know, small deep fryers for food shows. Our food shows are either held -- typically at the Idaho Center, at the Boise Center on the Grove, or in Jackpot, Nevada. We don't -- De Weerd: They are off site. J. Lindley: They are off site. They are huge events with lots of brokers and lots of food manufacturers. Nobody comes to our office, other than perhaps a UPS delivery on 0 0 Meridian City Council June 5, 2007 Page 78 of 84 occasion, maybe three or four times a week. We have a UPS truck, as typical as anyone else's business. The open space in our building that we are hoping to lease out, we had in mind an insurance agent, maybe a chiropractor -- I don't know. Something officey, so to speak. We don't have final plans exactly for a building yet, because we didn't know if we were going to be able to be allowed. We are in sort of a time crunch. Our building has been sold where we are currently at and we either need to do this or not do this, to move on. We did make a serious effort to go around, Dale and I, and take some photographs of some -- excuse me -- some very attractive residential garage doors that we are more than happy to pay for or, if all else fails, a tall double door that swings open is perfectly acceptable for us. But we do not sell food. We don't do anything retail. There are two different kinds of food brokers. There is a food service broker, which we are, and a retail broker, who calls on Albertson's. It's not -- it just isn't that kind of a thing. The other people, other than the UPS man, that comes to our door is maybe a factory rep from Campbells, who comes in three or four times a year. Stays in a local hotel. De Weerd: Just to put things in perspective, your traffic generation is probably less than that of a doctor's office. J.Lindley: Far less. Far less. De Weerd: So, just the perspective. J.Lindley: Absolutely. There are a total of five people in our business. My husband, myself, our son, who is also a partner. We have one other sales guy and an administrative person. So, any questions? De Weerd: Council, any questions? Bird: I have none. De Weerd: Thank you so much. Zaremba: Madam Mayor, I -- I don't think the issue from the beginning has been this applicant. That as we have said other times, once you approve a certain configuration of a building, it's there forever. I think I -- I would be more comfortable with a garage door look than a roll -up door look for this. Not because of this applicant, but thinking if the building stands that long, fifty or a hundred years in the future when there is -- they have needed to move into a bigger building someplace, hopefully, who is the next tenant and I think that's what the issue has been all along. Not what the current people are going to do with it, but what does it attract for the future use. And I think I'm ready to chime in and say I think this is an excellent use and an excellent place to put it. I would support not having a roll -up door there. De Weerd: Thank you. Any further testimony? Mr. Lindley, do you want to -- 0 0 Meridian City Council June 5, 2007 Page 79 of 84 Lindley: We have got no problem with that at all. De Weerd: Okay. Lindley: A garage door will be fine. Not a problem at all. Thank you. De Weerd: Thank you. Council, any further information needed? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: If we don't need anymore public testimony, I move we close AP 07-003. Zaremba: Second. De Weerd: Okay. A motion to close the Public Hearing on Item 24. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Any discussion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'm ready to make a motion, but I got a question for Bill. Do we need to state a garage door? Because all we are doing -- I think like Councilman Borton said -- is we are approving the appeal for the CZC. So, would it help to state a garage door? Nary: Madam Mayor, Members of the Council, yeah, I think it would be helpful to the staff if, in conjunction with your approval, that this would be allowed in this zone for this type of specific use, a limitation on how that use is, then, put in would be appropriate. Bird: Here we go. I move we approve AP 07-003, the request to put wholesale trade building into an L -O zone and to allow a residential attractive garage door, not over eight foot wide, and not facing Locust Grove -- it can be seen from Locust Grove. That takes care of it. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve Item 24. Any discussion? Borton: Madam Mayor? 0 Meridian City Council June 5, 2007 Page 80 of 84 De Weerd: Mr. Borton. 0 Borton: I know I'm in the minority in this. I think the applicant's fantastic. I understand the use. I understand and I'm supportive of the zone -- or, excuse me, the use change, but as I stated earlier, I'm not supportive of any type of garage door, roll -up door, big doors type product at this facility. So, I will be voting no. I understand I'm in the minority, but to the extent it makes additional later on applicants aware that the Council has -- some Council has great concern with that type of product. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: And I don't know if this would impact Councilmember Borton, but rather than attractive, which I think would be difficult to quantify, maybe if the maker of the motion, if he intended it to be compatible with the adjacent residential neighborhood, that at least gives the staff something to compare it to and there probably are maybe not eight foot doors, but I can't imagine in some of Heritage Commons there aren't large SUV or RVs that are probably parked behind doors. So, there is probably something more compatible in the neighborhood that at least would be something the staff could compare and could approve in the CZC. Bird: I have no problem with changing the motion to a compatible garage door, but not over eight foot wide. And the height is going to be determined by the building. I'm sure you're not going to go out and build a 50 foot high building. Zaremba: The seconder accepts that change and adds the comment that I think it's perfectly appropriate that we not be unanimous on this one. De Weerd: Okay. Thank you. If there is no further discussion, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. Item 25: Public Hearing: PP 07-009 Request for Preliminary Plat approval of 52 residential lots, 2 office/commercial lots and 10 common lots on 19.80 acres in an L -O zone for Meadowlake Village North by Touchmark of the Treasure Valley, LLC — Southeast Comer of Franklin Road and Touchmark Way: Item 26: Public Hearing: CUP 07-008 Request for a Conditional Use Permit approval to create 52 residential lots, 2 office/commercial lots and 10 common lots in an L -O zone for Meadowlake Village North by 40 Meridian City Council June 5, 2007 Page 81 of 84 Touchmark of the Treasure Valley, LLC — Southeast Comer of Franklin Road and Touchmark Way: Item 27: Public Hearing: VAR 07-008 Request for a Variance to UDC 11-6C-3134 which limits cul-de-sacs to a maximum of 450 feet for Meadowlake Village North by Touchmark of the Treasure Valley, LLC — Southeast Comer of Franklin Road and Touchmark Way: Item 28: Public Hearing: MI 07-006 Request for a Miscellanous application to amend the previously approved Development Agreement for Touchmark Living Center Annexation (AZ 99-021) by amending the approved phase boundaries and various other provisions for Meadowlake Village North by Touchmark of the Treasure Valley, LLC — Southeast Comer of Franklin Road and Touchmark Way: De Weerd: Thank you. We have got to do this one. Twenty-five through twenty-eight have been requested to continue, so I will open these four items PP 07-009, CUP 07- 008, VAR 07-009 and MI 07-006. Bird: Madam Mayor? De Weerd: I have opened those four public hearings and would ask for a motion to continue. Bird: I move we continue the public hearings for Items 25, 26, 27, 28. Canning: Madam Mayor, Members of the Council, the clerk -- let me explain. I had originally suggested the 10th. That was the applicant's request. Will brought up that he is trying to not have substantial items on that agenda, because you will be in hearings the next day. So, we had suggested putting it to the 3rd. I'm not sure if that works for the applicant, but we could put it that day and if we need to continue it, we can continue it from there. Bird: How about putting it the 17th? That would give them an extra week. Canning: I really am not quite sure which way to go. At least if it's the 3rd it gives us the option to continue it to the 17th. Bird: Madam Mayor, I change my motion to continue the public hearings until July 3rd, 2007. Borton: Second. De Weerd: Okay. I have a motion and a second to continue Items 25 through 28 to July 3rd. All those in favor say aye. Meridian City Council June 5, 2007 Page 82 of 84 MOTION CARRIED: THREE AYES. ONE ABSENT. Item 29: Amended Ordinance No. 07-1239 A: AZ 06-020 Request for Annexation and Zoning of 4.65 acres from RUT to a C -G zone for Williams Pipeline by Northwest Pipeline Corporation —1301 Locust Grove Road: Item 30: Amended Ordinance No. 07-1314 A: AZ 06-057 Request for Annexation and Zoning of 9.91 acres from RUT to an R-15 zone for Jericho Subdivision by Heron River Development, LLC — 6055 & 6185 N. Jericho Road: De Weerd: We need to work on this togetherness. Okay. Items 29 and 30 are ordinances number 07-1239 and 07-1314. Mr. Berg, will you, please, read these ordinances by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 07-1239A, an amended ordinance for annexation of property located in the southeast quarter of the southeast quarter of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to 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 07-1314A, an amended ordinance for annexation of property being located in the east one half of the northwest one quarter of the northeast one quarter of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-4 and R-15 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: Okay. You have heard these readings by title only. Did anyone understand it? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council June 5, 2007 Page 83 of 84 Zaremba: I do have a rookie question. I do not wish to have them read in full, but it's not clear to me what we are amending. I mean -- or what the amendment is. Bird: Wrong legal description. Zaremba: Oh, the legal -- okay. That answers my question. De Weerd: That was simple. Okay. Well, you have heard those read by title only and I don't any see anyone -- Zaremba: Okay. Madam Mayor? De Weerd: Yes. Zaremba: I move we approve amended ordinance number 07-1239 and -- Berg: A. Zaremba: -- amended ordinance -- A. And amended ordinance number 07-1314A, with no changes. De Weerd: Do I have a second? Bird: Oh, I second it. De Weerd: Thank you. 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, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. That is the end of our agenda. It is 20 minutes after 11: 00. Do I have a motion to adjourn? Zaremba: Madam Mayor, I move we adjourn. Bird: I second it. De Weerd: All those in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. 0 0 Meridian City Council June 5, 2007 Page 84 of 84 MEETING ADJOURNED AT 11:20 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: 0 7 MAYOR Y de WEERD \\\0 0 11911111//A DATE APPROVED ffl9fSTED e %� I1,1IAM G. BERG JR., ERK ct June 1, 2007 MERIDIAN CITY COUNCIL MEETING June 5, 2007 APPLICANT ITEM NO. Jt' REQUEST Award of City of Meridian Scholarships AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY Sae attached CITY POLICE DEPT: CITY FIRE DEPT: fro, CITY BUILDING DEPT: m fab CITY WATER DEPT: C 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 pubilc meetings shall become properly of the City of Meridian. Four Students Win City of Meridian Scholarships The City of Meridian has awarded four $1,000 scholarships to Meridian students who will begin attending college this fall. Kimberly Ann Stucker, a 2007 Meridian High School graduate with a 4.0 grade point average, has been awarded the $1,000 Meridian Mayor's Community Service Scholarship in recognition of her civic involvement. She has volunteered for the Meridian Food Bank, City Light Women's and Children's Home, the Church of God Seventh Day, and the Boise Rescue Mission, and has been an active member of the Mayor's Youth Advisory Council. Kimberly plans to attend Albertson College of Idaho where she will study Botany and Music Performance. Jessica Ingersoll, a 2007 graduate of Meridian High School, has been awarded a $1,000 City of Meridian Scholarship to help her pursue studies in Early Childhood Development and Elementary Education at Brigham Young University. In addition to maintaining a 4.0 grade point average, Jessica has been an active member of Student Council, the National Honor Society, Key Club, French Club, the Superintendent's Youth Council, and the Mayor's Youth Advisory Council. Jessica is also an accomplished tennis player. Jared Truxal, a 2007 graduate of Centennial High School, has been awarded a $1,000 City of Meridian Scholarship towards his study of Engineering and Biomedical Engineering at Boise State University. Jared is a National Honor Society member who excels in math and science. He has volunteered with First Book, the Meridian Food Bank, Project Re -Cell, and assembling care packages for soldiers and the homeless. He is also an avid basketball and soccer player. Drew LaCombe, a 2007 graduate of Mountain View High School, has been awarded a $1,000 City of Meridian Scholarship which will help him study Pre -Health Sciences and Political Science at the University of Washington. Drew is extremely active in school clubs and organizations and the Mayor's Youth Advisory Council, and has volunteered more than 285 hours of service to area care centers. In 2005 he was one of only 27 juniors in the US selected to serve as a page in the U.S. Senate. Drew's ultimate professional goal is to become an emergency room doctor. Meridian Mayor Tammy de Weerd explains, "Meridian's teens are not simply the leaders of tomorrow... they are the leaders of today. And we're pleased to be able to recognize and reward that leadership by helping them pursue the advanced education they'll need in order to fulfill their personal and professional goals." 0 0 Four Students Win City of Meridian Scholarships The City of Meridian has awarded four $1,000 scholarships to Meridian students who will begin attending college this fall. Kimberly Ann Stucker, a 2007 Meridian High School graduate with a 4.0 grade point average, has been awarded the $1,000 Meridian Mayor's Community Service Scholarship in recognition of her civic involvement. She has volunteered for the Meridian Food Bank, City Light Women's and Children's Home, the Church of God Seventh Day, and the Boise Rescue Mission, and has been an active member of the Mayor's Youth Advisory Council. Kimberly plans to attend Albertson College of Idaho where she will study Botany and Music Performance. Jessica Ingersoll, a 2007 graduate of Meridian High School, has been awarded a $1,000 City of Meridian Scholarship to help her pursue studies in Early Childhood Development and Elementary Education at Brigham Young University. In addition to maintaining a 4.0 grade point average, Jessica has been an active member of Student Council, the National Honor Society, Key Club, French Club, the Superintendent's Youth Council, and the Mayor's Youth Advisory Council. Jessica is also an accomplished tennis player. Jared Truxal, a 2007 graduate of Centennial High School, has been awarded a $1,000 City of Meridian Scholarship towards his study of Engineering and Biomedical Engineering at Boise State University. Jared is a National Honor Society member who excels in math and science. He has volunteered with First Book, the Meridian Food Bank, Project Re -Cell, and assembling care packages for soldiers and the homeless. He is also an avid basketball and soccer player. Drew LaCombe, a 2007 graduate of Mountain View High School, has been awarded a $1,000 City of Meridian Scholarship which will help him study Pre -Health Sciences and Political Science at the University of Washington. Drew is extremely active in school clubs and organizations and the Mayor's Youth Advisory Council, and has volunteered more than 285 hours of service to area care centers. In 2005 he was one of only 27 juniors in the US selected to serve as a page in the U.S. Senate. Drew's ultimate professional goal is to become an emergency room doctor. Meridian Mayor Tammy de Weerd explains, "Meridian's teens are not simply the leaders of tomorrow... they are the leaders of today. And we're pleased to be able to recognize and reward that leadership by helping them pursue the advanced education they'll need in order to fulfill their personal and professional goals." June 1, 2007 MERIDIAN CITY COUNCIL MEETING June 5, 2007 APPLICANT ITEM NO. 6-A REQUEST Tabled from May 22, 2007: Resolution No. -- Adoption of Records Retention Schedule 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. 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Si illPath® Seminars • The Smart Choice® ®� ] ©2005, SIdIIPath® Seminars June 1, 2007 MERIDIAN CITY COUNCIL MEETING June 5, 2007 APPLICANT ITEM NO. 6.0 REQUEST Approve Minutes of May 8, 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 Inifials: Materials presented at public meetings shall become properly of the City of Meridian. June 1, 2007 MERIDIAN CITY COUNCIL MEETING June 5, 20 07 APPLICANT ITEM NO. 6-C REQUEST Approve Minutes of May 15, 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: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. June 1, 2007 RZ 07-002 MERIDIAN CITY COUNCIL MEETING June 5, 2007 APPLICANT ITEM NO. 6-D REQUEST Findings for Approval — Request for a Rezone of 0.628 of an acres from I -L to C -G zones for the Lynn Thomas Property — north of East Franklin Road and east of Meridian 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 Findings kAs4hbm a,s Stafflnitials: Materials presented at public meetings shall become property of the Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER 0 In the Matter of the Request for a Comprehensive Plan Map Amendment to Change the Future Land Use Designation of 0.63 +/- of an acre from Industrial to Commercial and Rezone from I -L to C -G for the Property Located at 600 E. Franklin Road, by Lynn Thomas. Case No(s). CPA -07-001 & RZ-07-002 For the City Council Hearing Date of. May 15, 2007 (Findings on the June 5, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 15, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 15, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 15, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 15, 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). CPA -07-001 & RZ-07-002 • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description and the provisions of the Development Agreement, all in the attached Staff Report for the hearing date of May 15, 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: 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 February 2, 2007 by D. Terry Peugh, PLS, is hereby conditionally approved; and, 3. A Development Agreement is required with approval of the subject rezone application and shall include the provisions noted in the attached Staff Report for the hearing date of May 15, 2007, incorporated by reference. D. Attached: Staff Report for the hearing date of May 15, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CPA -07-001 & RZ-07-002 �J By action of the City Council at its regular meeting held on the 2007. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD 0 day of VOTED_0, VOTED iPC. VOTED VOTED VOTED MAY '1VI�de WEERD ATTEST: ` ®°°`° Oar` ®> WILLIAM G. BERG, JR.rcrrf CLERK C,- `�s Copy served upon: v/ Applicant 0o imri Manning Department' _Public Works Department City Attorney By: jL\, Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CPA -07-001 & RZ-07-002 0 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 15, 2007 STAFF REPORT Hearing Date: May 15, 2007 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: Thomas • CPA -07-001 Comprehensive Plan Map Amendment to change 0.63 +/- of an acre from Industrial to Commercial • RZ-07-002 Rezone of 0.63 +/- of an acre from I -L (Light Industrial) to C -G (General Retail and 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, Lynn Thomas, is proposing to change an existing Industrial designation to a Commercial designation on one 0.63 acre parcel located at 600 E. Franklin Road. The property is currently zoned I -L and is within the corporate boundaries of the City of Meridian. The applicant is concurrently requesting a Rezone (RZ) of the property to C -G. This rezone is contingent upon approval of the map designation being amended to Commercial. The applicant states in their application letter that, if approved, they intend to construct a single -story commercial office building on this site (see Exhibit A of this staff report). The current Comprehensive Plan Future Land Use Map designation of Industrial for this site is not consistent with the proposed C -G zoning designation and subsequent office use requested by the applicant. Approval of the CPA request to Commercial would allow the applicant to request a rezone of the property to C -G, in which office uses are principal permitted uses. Currently, office uses are prohibited in the I -L zone unless proposed as an accessory use to a principal permitted use. The amendment would not change the Future Land Use Map designation of any other parcels or change any other sections of the Comprehensive Plan. 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis of the requested CPA and RZ applications below. After careful review, Staff has determined that allowing a "Commercial" Map designation and C -G zoning on the subject property would be in the best interest of the City due to the location of property on an arterial roadway and its proximity to other commercially zoned properties. Staff is recommending approval of the CPA & RZ applications per the Analysis in Section 10 and the Findings listed in Exhibit C of this staff report. The Commission should note that several other Comprehensive Plan Map Amendments, also scheduled be heard on April S, 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 the governing board only once every six (6) months per Idaho State Code, Title 67, Chapter 65, the subject proposal should also be continued to April 19, 2007, if necessary. Thomas CPA -07-001 & RZ-07-002 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING TE OF MAY 15, 2007 The Meridian Planning and Zoning Commission heard these item(s) on April 5. 2007 and April 19 2007. At the April 19, 2007 public hearing the. Commission voted to recommend approval of the subiect RZ & CPA application. a. Summary of Commission Public Hearing: i. In favor: None (Applicant was not present at the hearing) 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. The requirement of a Development Agreement to tie the proposed elevations to. c. Key Commission Changes to Staff Recommendation: i. A Development Agreement is required that incorporates the applicant's proposed elevations, as presented at the hearing. d. Outstanding Issue(s) for City Council: i. The requirement of a Development Agreement to tie the elevations to. 3. PROPOSED MOTION Approval I move to approve File Numbers CPA -07-001 and RZ-07-002, as presented in the staff report for the hearing date of May 15, 2007, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Numbers CPA -07-001 and RZ-07-002, as presented during the public hearing on May 15, 2007, for the following reasons: (you should state specific reasons for denial.) Continuance I move to continue File Numbers CPA -07-001 and RZ-07-002, to the hearing date of (insert continued hearing date here), for the following reason(s): (You should state specific reason(s) for continuance.) Thomas CPA -07-001 & RZ-07-002 PAGE 2 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 15, 2007 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 600 E. Franklin Road (Parcel No. R5672030992) Lot 18, Block 3, Meridian Business Park Subdivision Section 7, Township 3 North, Range 1 East b. Owners: Thomas Family Real Estate 640 E. Franklin Road Meridian, ID 83642 c. Applicant: Lynn Thomas 640 E. Franklin Road Meridian, ID 83642 d. Representative: Lynn Thomas e. Present Zoning: I -L (Light Industrial) f. Present Comprehensive Plan Designation: Industrial g. Applicant's Statement/Justification (reference submittal material): "The justification for this request is that this stated lot and our lot directly east (700 E. Franklin Road), have frontage on Franklin Road. The 700 E. Franklin Road lot that is directly east is already zoned C -G and the property directly west is zoned L -O (commercial). We are currently in the process of building an attractive 7,400 square foot commercial building on the 700 E. Franklin Road property. Another of our properties, 660 E. Franklin Road, which is located directly northeast of the 600 E. Franklin Road lot is also zoned C -G and has an attractive commercial office building situated on that parcel. Rezoning and changing the comprehensive map for the 600 E. Franklin Road lot from I -L to C -G will allow us to construct a more attractive building, be consistent with the existing office buildings in our business park and will also be consistent with properties west of Stratford." 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 Unified Development Code, Title 11, Chapter 5, a public hearing is required before the Commission and 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 the Unified Development Code, Title 11, Chapter 5, a public hearing is required before the Commission and City Council on this matter. c. Newspaper notifications published on: March 19, 2007, and April 2, 2007 (Commission); April 23, 2007 and May 7, 2007 (City Council) d. Radius notices mailed to properties within 300 feet on: March 9, 2007 (Commission) and April 20, 2007 (City Council) Thomas CPA -07-001 & RZ-07-002 PAGE 3 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 15, 2007 e. Applicant posted notice on site by: March 26, 2007 (Commission); May 4, 2007 (City Council 6. LAND USE a. Existing Land Use(s): Vacant undeveloped land b. Description of Character of Surrounding Area: A mix of undeveloped land and developed commercial and industrial uses. c. Adjacent Land Use and Zoning 1. North: Warehouse/office building, zoned I -L 2. East: Commercial multi -tenant buildings, zoned C -G 3. South: Cemetery, zoned RUT (Ada County) 4. West: Fire Station #2, zoned L -O. d. History of Previous Actions: The subject property was previously platted in 1995 as Lot 18, Block 3, in Meridian Business Park Subdivision. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: Available north of the property. Location of water: Available in Franklin Road 2. Vegetation: NA 3. Flood plain: This property is not within the floodway but the northern portion of this property lies within flood zone X5 of the Five Mile Creek. An X-5 flood zone does not require any special mitigation, and does not require Flood Plain Permit Application be submitted to the Public Works. 4. Canals/Ditches Irrigation: NA 5. Hazards: Staff is not aware of any potential hazards on this site. 6. Proposed Zoning: C -G 7. Size of Property: 0.63 +/- acres f. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): This property has frontage on E. Franklin Road. The applicant did not submit a conceptual site plan with this application showing how the property will be accessed. However, note #5 on the face of the recorded plat for Meridian Business Park subdivision states that Lots 18, 19, 20, and 21 of Block 3, shall share one access point to E. Franklin Road. No other access points to Franklin Road should be allowed with development of Lot 18, the subject property. (ACFID submitted a letter stating that they do not have any site specific requirements for this property at this time due to the fact that all street improvements exist.) 7. COMMENTS MEETING On March 16, 2007, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, and Meridian Public Works Department. Staff has included all comments and recommended actions in the attached Exhibit B. However, as no new development is proposed, the meeting was for informational purposes only; only the Fire Department submitted comments. Thomas CPA -07-001 & RZ-07-002 PAGE 4 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 15, 2007 8. COMPREHENSIVE PLAN CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS: This property is currently designated "Industrial" on the Comprehensive Plan Future Land Use Map. The applicant 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. 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): • "Commercial," page 105, Chapter VII: Purpose Statement: "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 E. Franklin Road, an arterial roadway, makes this property a good candidate for commercial use rather than industrial use. The location of the property, combined with the commercial zoning designation that already exists on several of the properties to the east, would help provide for a contiguous string of commercial uses along this section of Franklin Road. • Chapter V, Goal III, Objective D, Action 5 (page 43) — Require all commercial and industrial businesses to install and maintain landscaping. With construction of a new office building on this site, the applicant will be required to install street buffer landscaping along E. Franklin Road, as well as internal landscaping within the parking lot and around the perimeter of the site 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 proposed office use of this property will assist in providing a variety of uses in this area of the City and will complement the existing commercial and industrial 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 in E. Franklin Road and are available to the subject property. East Franklin Road was recently widened in front of the property and will assist in traffic flow to and from this property. • Chapter VII, Goal IV (page 112) — Encourage compatible uses to minimise conflicts and maximize use of land. Staff believes that the proposed Commercial designation and C -G zoning of this property will be compatible with the existing C -G zoned businesses east of the site and the Meridian Fire Department, zoned L -O, directly west of the site. Thomas CPA -07-001 & RZ-07-002 PAGE 5 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 15, 2007 • Chapter VII, Goal IV, Objective D, Action 5 (page 114) — Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.) Upon development of this property, a 25 foot wide street buffer will be required along E. Franklin Road, a major transportation corridor into the city. Landscaping will be required within this buffer which will lend to the beautification of the area. STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS 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 on the subject site will require approval of a Certificates of Zoning Compliance prior to construction. 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 and will still be available upon development of the 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 proposed for commercial use, Staff fords 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 Thomas CPA -07-001 & RZ-07-002 PAGE 6 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 15, 2007 The property involved in this request has access to existing public facilities and services that are sized at commercial levels. The proposed amendment and subsequent development can be served with the existing public services. 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. 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. East Franklin Road 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 future commercial development of this property will significantly pollute or degrade the natural environment. 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 Zone "X5" of the Five Mile Creek, to the east of the site. 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. 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 the land use change to "Commercial." m. Implementation 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. Thomas CPA -07-001 & RZ-07-002 PAGE 7 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 15, 2007 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, Lynn Thomas, Thomas Family Real Estate. 9. UNIFIED DEVELOPMENT CODE No amendments to the Unified Development Code are being proposed. If the 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 map designated use of this property. a. Zoning Schedule of Use Control: UDC 11-213-2 lists uses that are principal permitted (P), accessory (A), and conditional (C) or prohibited (-) uses within the proposed C -G district. The proposed office use of the property is a principal permitted use in 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. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation COMPREHENSIVE PLAN AMENDMENT & REZONE The applicant is proposing to amend the current Comprehensive Plan Future Land Use Map designation of "Industrial" for this property to a "Commercial" designation in order to construct an office building on the site. Please see Section 8 above and the Findings in Exhibit C below for Staff's analysis regarding the CPA amendment. Contingent upon approval of the CPA request to change the future land use map designation for this property to Commercial, the applicant is requesting that the property be rezoned from I -L to C -G. If the CPA and RZ applications are approved, the applicant intends to construct a single -story office building on this property. The rezone legal description prepared by D. Terry Peugh, PLS, dated February 2, 2007 and submitted with the application, is accurate and meets the requirements of the City of Meridian and State Tax Commission. Development Agreement (DA): UDC 11-513-3D2 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a DA with the City of Meridian that may require some written commitment for all future uses. Due to the small size of the subject property, staff believes that a DA is not necessary in this instance. However, if the Commission or Council feels that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the Comprehensive Plan and does not negatively impact nearby properties; Staff recommends a clear outline of the commitments of the developer being required. Thomas CPA -07-001 & RZ-07-002 PAGE 8 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 15, 2007 Access: Note No. 5 on the face of the recorded plat for Meridian Business Park Subdivision states that Lots 18, 19, 20, and 21 of Block 3, shall share one access point to E. Franklin Road. No other access points to Franklin Road should be allowed with development of Lot 18, the subject property. Building Elevations: The applicant has submitted conceptual building elevations for the proposed office building and these are included in Exhibit A of this staff report. Staff approves of the building elevations as proposed. Landscaping: No landscaping improvements are required at this time but perimeter and internal landscaping will be required upon development of the site. Certificate of Zoning Compliance (CZC): The applicant shall be responsible to obtain a CZC permit from the Planning Department for all new construction on the site prior to issuance of building permits. Flood Plain: The northern portion of the property is located within flood zone X5 of the adjacent Five Mile Creek, but is not within the floodway. An X-5 designation does not require any special mitigation requirements and a Flood Plain Development Permit is not required to be submitted to the Public Works Department for this classification of flood zone. Staff believes that the applicant's request to amend the future land use designation of this property to commercial and rezone the property to C -G would be in the best interest of the City. A commercial designation will allow the applicant to construct an office building on the site, which will provide needed services within this area of the City. Staff believes that the location of the property is optimal for commercial, not industrial uses and as such, will provide a more attractive building fagade adjacent to a major transportation corridor into the City than an industrial building likely would. Further, the proposed commercial designation and C -G zoning of the property should be compatible with the commercially zoned properties east of the site and the Meridian Fire Department, zoned L -O, directly west of the site. Staff is in support of the requested CPA & RZ applications based on the Findings listed in Exhibit C of this staff report and the Analysis in Sections 8 and 10. Please see Exhibit C for detailed analysis of facts and findings for a CPA and RZ. b. Staff's Recommendation: Staff is in support of the CPA and RZ applications as proposed by the applicant. Staff is recommending approval of the applicant's request to amend the Comprehensive Plan Future Land Use Map to a 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. This recommendation is based on the Analysis in Section 10 and the Findings of Fact as listed in Exhibit C of this staff report. The Meridian Planning and Zoning Commission heard these item(s) on April 5, 2007 and April 19, 2007. At the April 19, 2007 public hearing the Commission voted to recommend approval of the subiect RZ & CPA application. 1he Meridian City Council heard these items on May 15, 2007, A e public hearing they approved the subject RZ and CPA reauest 11. EXHIBITS A. Drawings 1. Legal Description & Exhibit Map 2. Conceptual Building Elevations B. Other Agency and Department Comments C. Required Findings from the Unified Development Code Thomas CPA -07-001 & RZ-07-002 PAGE 9 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 15, 2007 A. Drawings 1. Legal Description & Exhibit Map IDAHO 1450 emWnenawu 5c sulm Iso SURVEY McAftm ►dans 83542 GROUP Plwne (M) 8"70 f x (208) 884-53" February 2, 2007 1-LtoC-G Lot 18, Block 3 Merldive Business Park Lot I8, Block 3 of Meridian Business Park, located in the SE 1/4 of Section 7. T.W. RAE.. E... 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: BEGWMNG at the Northeast comer of said Lot 18, Thence South W11'04" West, 213.43 feet to a point on the South boundary of said Section 7; Theme along said South boundary South 89`46'06" West. 174.11 feet: Thence North 00°31' 1 I" Fast, 214.79 feet to the Northwest comer of Lot 18. 'Ibence South 89147'03" East, 174.09 feet to the Point of Beginning. Containing 37,275 square fm more or loss. Prepared By: Idaho Survey Group, P.C. D. Terry Peugh, PLS RWknVAI. FES 0 ?C:7 MSRICIAN PUSUC WORKS DEPT. Professional Land Surveyors Exhibit A- 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARINGD TE OF MAY 15, 2007 IDAHO SURVEY GROUP, P.C. Exhibit A- 2 Rucw 9Cu"my SUMSM ROMARY LNE LOT " MERIDIAN CITY REZONE EXHIBIT JOB NO. I—L TO C—G��°� MEET IV4 LOT 18, BLOCK 3, MERIDIAN BUSINESS PARI{ SUB.. LOCATED 1 OF 1 1N A PORTION OF THE SE 1/4 OF SECTION 7, T.3N.. It.IE.. OPV&. ®ATI B.M., ADA COUNTY. IDAFI'0 os'_n'®n• S 8947'03" E 174.09' I I 1" s 40' 1 I � I ss '� s' 414 + N =� IQ z i �(. w LOT UNE T-'*�-8(XJNDARY e o i LINE 1 /4 S.7 _ S 89'46'06"—W 174.11' S.18 89-46-06- € 303,19• - -- E. FRANKLIN RD. IDAHO SURVEY GROUP, P.C. Exhibit A- 2 Rucw 9Cu"my SUMSM ROMARY LNE LOT " MERIDIAN CITY REZONE EXHIBIT JOB NO. I—L TO C—G��°� MEET IV4 LOT 18, BLOCK 3, MERIDIAN BUSINESS PARI{ SUB.. LOCATED 1 OF 1 1N A PORTION OF THE SE 1/4 OF SECTION 7, T.3N.. It.IE.. OPV&. ®ATI B.M., ADA COUNTY. IDAFI'0 os'_n'®n• CITY OF MERIDIAN PLANNING STAFF REPORT FOR THE HEARING DATE OF MAY 15, 2007 2. Conceptual Building Elevations Exhibit A- 3 i • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 15, 2007 B. Other Agency and Department Comments 1. PLANNING DEPARTMENT 1.1 Prior to the rezone ordinance approval, a Development Agreement shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation/rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this process The DA shall include, at minimum, the following: • The building constructed on this site shall substantially comply with the conceptual elevations (prepared by Patrick McKeegan Architects, dated 8/06 Sheet A31) submitted with the application, presented at the public hearing, and included in Exhibit A of the staff report. 2. FIRE DEPARTMENT 2.1 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. 2.2 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 2.3 For all Fire Lanes provide signage "No Parking Fire Lane". 2.4 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. 2.5 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. 2.6 Maintain a separation of 5' from the building to the dumpster enclosure. 2.7 Provide a Knox box entry system for the complex prior to occupancy. 2.8 The first digit of the Apartment/Office Suite shall correspond to the floor level. 2.9 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 2.10 Provide exterior egress lighting as required by the International Building & Fire Codes. 2.11 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 2.12 There shall be a fire hydrant within 100' of all fire department connections. Exhibit B- 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE ]HEARING TE OF MAY 15, 2007 C. 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 directly conflict with other elements of the Comprehensive Plan. b. The proposed amendment provides an improved guide to future growth and development of the city. The Council finds that the proposal to modify the Future Land Use Map will increase the ability for innovative design in this highly visible area of the City. Staff believes that allowing for commercial offices to locate in this area will improve the public services available in this area. 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 (see Section 8 for detailed analysis). Staff recognizes the existence of other commercially zoned properties in close proximity to this property and believes that the proposed commercial use of the property will complement the existing uses in this 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. Further, the concurrent rezone request of the property from I -L to C -G will comply with the proposed commercial designation for the property. e. The proposed amendment is in the best interest of the City of Meridian. The Council finds that the proposed 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 a 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; The Council finds that the proposed professional offices would be permitted uses within the Exhibit C- 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 15, 2007 requested C -G zone and would assist in providing service needs of the community. As mentioned previously, the applicant has submitted conceptual development building elevations for this site. The Council finds that future 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 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. Exhibit C- 2 CJ June 1, 2007 MERIDIAN CITY COUNCIL MEETING June 5, 2007 • APPLICANT ITEM NO. L -E REQUEST License Agreement with Nampa Meridian irrigation District for Pathway Agreement for Spring Creek Subdivision AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT. CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials prese Med at pubik meetings shah become property of the City of Merldkm. • Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File E Vty of Meridian Public Works Dept. Date: 5/24/2007 co t6jol Re: Proposed Agenda Items for 5/29/07 City Council Meeting City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 5/29/07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) License Agreement for Pathway Agreement for Spring Creek Subdivision. Per plan reviewer, this license agreement is for the Parks department, and has been reviewed and approved by Doug Strong. Recommended Council Action: Approve the pathway agreement for Spring Creek Subdivsion and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 • 0 LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this day of , 2007, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first party, hereinafter referred to as the "District," and THE CITY OF MERIDIAN, a political subdivision and municipality of the State of Idaho (hereinafter "City"). party or parties of the second part, hereinafter referred to as the "Licensee," WITNESSETH: WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and Maintaining Pathways for public use along and across some of the District's ditches and within some of the District's easements and fee title lands dated December 19, 2000, recorded as Instrument No. 100102999, records of Ada County, Idaho, hereinafter referred to as the "Master Pathway Agreement;" and. WHEREAS, the District and the City intended by entering the Master Pathway Agreement to accomplish the following in a manner that is consistent with their respective legal and fiduciary responsibilities; to enhance the City's pathway planning though early consultation between tYc City and the District; to establish a process for the City's submission of pathway requests and the District's consideration of such requests; and to provide the general conditions for the District's approval and authorization of pathway requests affecting the District's ditches, property, operations and maintenance; and, WHEREAS, the District grants to Licensee the right develop pathways to encroach within the District's easements along and across the District's ditches, canals and easements therefor upon the terms and conditions of said Master Pathway Agreement and after the execution of a license agreement for each proposed crossing and encroachment; and, WHEREAS, the Licensee is the owner of the real property easement / right of way (burdened with theeasement ofthe District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District controls the irrigation ditch or canal known as TEN MILE DRAIN (hereinafter collectively referred to as "ditch or canal") together with the real property and/or easements to convey irrigation water, to operate and maintain the ditch or canal, and which crosses and intersects said described real property of the Licensee as shown on Exhibit B attached hereto and by this reference made a part hereof; and, LICENSE AGREEMENT - Page l 0 0 WHEREAS, the Licensee desires a license to perform construction to pave a pathway within the District's easement for the Ten Mile Drain under the terms and conditions of said Master Pathway Agreement and those hereinafter set forth, NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth and those set forth in said Master Pathway Agreement, the parties hereto agree as follows: I. Licensee may perform construction involving the paving of the pathway on the west side of the Ten Mile Drain, within the District's easement for said drain, located within the Spring Cove Condominiums, south east of the intersection of Overland Road and Meridian Road, Meridian, Ada County, Idaho. 2. Any construction, widening or crossing of said ditch or canal shall be performed in accordance with the "Special Conditions" stated in Exhibit C, attached hereto and by this reference made part thereof. 3. The permitted hours of use of the pathway shall be from one half hour before sunrise and one half hour after sunset. 4. The parties hereto incorporate in and make part of this License Agreement all the covenants, conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the provisions of this License Agreement. The covenants, conditions and agreements herein contained and incorporated by reference shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall he binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the District has hereunto caused its corporate name to he subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the Licensee has hereunto subscribed its corporate name to be subscribed and its seal to be affixed thereto, all as of the day and year herein first above written. NAMPA & MERIDIAN IRRIGATION DISTRICT By. ATTEST: Its Secretary LICENSE AGREEMENT - Page 2 Its President • ATTEST: STATE OF IDAHO ) ss: County of Canyon ) THE CITY OF MERIDIAN LIZ On this day of , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Henry Weick and Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at , Idaho My Commission Expires: STATE OF IDAHO ) ss: County of i ) On this day of , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared and , known to me to be the and , respectively, of The CITY OF MERIDIAN, the entity that executed the foregoing instrument and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Residing at , My Commission Expires: LICENSE AGREEMENT - Page 3 0 0 EXHIBIT A Legal Descri tion A right-of-way in the North West 1/4, Section 19, Township 3 North, Range I East, B.M., Meridian, Ada County, Idaho. EXHIBIT C Special Conditions a. Construction of the pathway shall be in accordance with Exhibit C-1 attached hereto and by this reference made a part hereof. b. The District's easement for this section of the Ten Mile Drain is 100 feet, 50 feet to either side of the centerline. C. Construction shall be completed one year from the date of this agreement. Time if of the essence. LICENSE AGREEMENT - Page 4 • no�000 - - TIT T L. H¢�: AIP., Iml Senior UvIrn£ CommuniS.X; Mridian �q3S ti 8 All G g'S `CC M v¢a.. ,mus rotes F-{ ri 1+ c S 0 0 Exhibit C-1 n LUSPRING CP,EEK DEdELOPGAEi3T L. H¢�: AIP., Iml Senior UvIrn£ CommuniS.X; Mridian }@ab¢n uchi:arA. A6®ridian, ID I � 5e..., it ssw= G (208)838-5fd� v¢a.. ,mus rotes F-{ ri 1+ c June 42007 MERIDIAN CITY COUNCIL MEETING June 5,2W7 APPLICANT ITEM NO. 6-F REQUEST Cooperative Agreement with Brighton Corporation for Water Improvements in coordinatation with Brighton Corporation Project Intersection Meridian Road and McMillan Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: 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 pre"nted at public maetMss sW bocome property of the City of Meddltan. • Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer CC: File Date: May 25, 2007 Re: Proposed Agenda Item for June 5 City Council Meeting i RECEWED MAY 2 r' 2001 Cite of Meridian City Clerk Office The Public Works Department respectfully requests the following item be placed on the June 5 City Council agenda, under Consent Agenda, for Council's consideration: Agreement with Brighton Comoration for Water Improvements in Coordination with Brighton Corporation Project Intersection Meridian Road and McMillan Road The agreement addresses the division of responsibility for design, bid solicitation, contract administration, construction inspection, and payment for water and sewer improvements associated with this project. Recommended Council Action: The Public Works Department recommends that City Council approves the Agreement with Brighton Corporation for Water Improvements in Coordination with Brighton Corporation Project Intersection Meridian Road and McMillan Road -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 COOPERATIVE AGREEMENT FOR: WATER IMPROVEMENTS IN COORDINATION WITH BRIGHTON CORPORATION PROJECT INTERSECTION MERIDIAN ROAD AND MCMILLAN ROAD THIS AGREEMENT made and entered into this day of , 2007, by and between BRIGHTON CORPORATION, an Idaho corporation as first party, and the CITY OF MERIDIAN, an Idaho municipal corporation, by and through its Mayor and City Council hereinafter called MERIDIAN as second party. WITNESSETH WHEREAS, BRIGHTON CORPORATION is the Project Manager under a Cooperative Development Agreement with the Ada County Highway District (ACHD) for the McMillan/Meridian Intersection Project Number 3037034 for the Project as defined in the Cooperative Development Agreement dated November 15, 2006. Whereas, BRIGHTON CORPORATION and MERIDIAN desire to - undertake a joint effort to share the tasks and costs of rebuilding the roadway of the Intersection of Meridian Road and McMillan Road, including water facility adjustments and relocations as detailed in ACHD Project Number 307037, hereinafter referred to as the CONTRACT. WHEREAS, BRIGHTON CORPORATION is willing to accommodate MERIDIAN'S request by arranging for water facility adjustments and relocations as pari of the Project plans so long as BRIGHTON CORPORATION receives assurances that BRIGHTON CORPORATION will be reimbursed for administrative costs and expenses as agreed in section 2, and that MERIDIAN will pay for all bid items attributed to the construction, adjustment, and relocation of the water facilities within the Project boundaries. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. BRIGHTON CORPORATION SHALL: a. Be the party responsible for soliciting, receiving, and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction, and for the adjustment and relocation of the water facilities work referenced .herein, pursuant to the terms and conditions required in the November 15, 2006 Cooperative Development Agreement, incorporated herein by this reference; b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the adjustment and relocation of the water Page 1 of 5 0 • facilities work referenced herein; c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S concurrence with BRIGHTON CORPORATION'S recommendation for award of the CONTRACT prior to making such award; d. Forward invoices to MERIDIAN for payment to the contractor for water or sewer bid items. e. Provide centerline or offsets and stationing prior to MERIDIAN staking water facilities. 2. MERIDIAN SHALL: a. Be the party responsible to provide the inspection, field survey and grade control required for the adjustment and relocation of the water facilities installed under the CONTRACT; b. Provide BRIGHTON CORPORATION with the construction plans, special provisions, and unit bid quantities for the adjustment and relocation of the water facilities to be included in the bid documents for the CONTRACT (all work required for the water facilities to be performed in conformance with the 2005 Edition of the Idaho Standards for Public Works Construction (ISPWC) and the City of Meridian Standard Specifications and Drawings); c. Remit to the BRIGHTON CORPORATION, within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to the approved final CONTRACT payment estimate; d. Remit to BRIGHTON CORPORATION within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to this Agreement; e. Reimburse BRIGHTON CORPORATION, up to a maximum of $5,000 for administrative costs incurred including overhead and benefits, project administration. This amount to be reimbursed shall be equal to 4% of the costs of the water and sewer portion of the project. f. Be liable for the cost of repairing any trench failures attributable to failure of the adjustment and relocation of the water facilities within the boundaries identified in the Contract, and be liable for and indemnify BRIGHTON CORPORATION for any and all costs and damages resulting from any such trench failure. Page 2 of 5 3. THE PARTIES HERETO FURTHER AGREE THAT: a. The CONTRACT amount for the water portion of the project shall be based on the actual quantities of work acceptably performed, and/or, installed, as determined from field measurements,. and paid for pursuant to the unit, and/or lump sum prices established in the Contract; b. MERIDIAN'S approval will be required for any change order work involving the adjustment and relocation of the water facilities; c. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect the entire project for the purpose of reviewing the project to locate and note any unstable areas and resolve any items of concern or misunderstanding; to be reconciled in the PreCon Meeting on or around June 1, 2007; d. This instrument contains the entire agreement between the parties with respect to the subject matter hereof; e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement; g. In addition to such other remedies at law or equity for default that MERIDIAN may have, in the event that BRIGHTON CORPORATION fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, MERIDIAN may withhold any reimbursements due to BRIGHTON CORPORATION hereunder until such defaults are corrected to the satisfaction of MERIDIAN. h. In the event that MERIDIAN fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, BRIGHTON CORPORATION shall be entitled to all remedies available at law or in equity. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action; Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; and Page 3 of 6 0 0 k. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: BRIGHTON CORPORATION By: f: 'Vl By: ATTEST: CITY OF MERIDIAN B y: By: William G. Berg, Jr. Tammy de Weerd City Clerk Mayor Page 4 of 5 0 STATE OF IDAHO ) ) ss. COUNTY OF ADA ) • On this/ — day of :; a.� , 2007, before me, a notary public in and for said state, personally appea red �;s known to me to be the �r BRIGHTON CORPORATION and the person who subscribed sad name to the fo going 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 c Residing at �' , Idaho My commission expir s: _1V STATE OF IDAHO ) ) ss. COUNTY OF ADA ) On this day of , 2007, before me, the undersigned, personally appeared TAMMY DEWEERD and WILLIAM G. BERG, JR., Mayor and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. 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: Page 5 of 5 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 I BOISE IDAHO 07/08/07 10:33 AM RECO DED-"REQOberbill UEST OF III IIIIIIIIIIIIIIIIIIIIIIIIiIII I II III Meridian City 107095991 This sheet has been added to document to accommodate recording information. COOPERATIVE AGREEMENT FOR: u WATER IMPROVEMENTS IN COORDINATION WITH BRIGHTON CORPORATION PROJECT INTERSECTION MERIDIAN ROAD AND MCMILLAN ROAD THIS AGREEMENT made and entered into this /S' -day of , 2007, by and between BRIGHTON CORPORATION, an Idaho corporation as firs arty, and the CITY OF MERIDIAN, an Idaho municipal corporation, by and through its Mayor and City Council hereinafter called MERIDIAN as second party. WITNESSETH WHEREAS, BRIGHTON CORPORATION is the Project Manager under a Cooperative Development Agreement with the Ada County Highway District (ACHD) for the McMillan/Meridian Intersection Project Number 3037034 for the Project as defined in the Cooperative Development Agreement dated November 15, 2006. Whereas, BRIGHTON CORPORATION and MERIDIAN desire to -undertake a joint effort to share the tasks and costs of rebuilding the roadway of the Intersection of Meridian Road and McMillan Road, including water facility adjustments and relocations as detailed in ACHD Project Number 307037, hereinafter referred to as the CONTRACT. WHEREAS, BRIGHTON CORPORATION is willing to accommodate MERIDIAN'S request by arranging for water facility adjustments and relocations as part of the Project plans so long as BRIGHTON CORPORATION receives assurances that BRIGHTON CORPORATION will be reimbursed for administrative costs and expenses as agreed in section 2, and that MERIDIAN will pay for all bid items attributed to the construction, adjustment, and relocation of the water facilities within the Project boundaries. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. BRIGHTON CORPORATION SHALL: a. Be the party responsible for soliciting, receiving, and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction, and for the adjustment and relocation of the water facilities work referenced herein, pursuant to the terms and conditions required in the November 15, 2006 Cooperative Development Agreement, incorporated herein by this reference; b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the adjustment and relocation of the water Page 1 of 5 facilities work referenced herein; c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S concurrence with BRIGHTON CORPORATION'S recommendation for award of the CONTRACT prior to making such award; d. Forward invoices to MERIDIAN for payment to the contractor for water or sewer bid items. e. Provide centerline or offsets and stationing prior to MERIDIAN staking water facilities. 2. MERIDIAN SHALL: a. Be the party responsible to provide the inspection, field survey and grade control required for the adjustment and relocation of the water facilities installed under the CONTRACT; b. Provide BRIGHTON CORPORATION with the construction plans, special provisions, and unit bid quantities for the adjustment and relocation of the water facilities to be included in the bid documents for the CONTRACT (all work required for the water facilities to be performed in conformance with the 2005 Edition of the Idaho Standards for Public Works Construction (ISPWC) and the City of Meridian Standard Specifications and Drawings); c. Remit to the BRIGHTON CORPORATION, within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to the approved final CONTRACT payment estimate; d. Remit to BRIGHTON CORPORATION within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to this Agreement; e. Reimburse BRIGHTON CORPORATION, up to a maximum of $5,000 for administrative costs incurred including overhead and benefits, project administration. This amount to be reimbursed shall be equal to 4% of the costs of the water and sewer portion of the project. f. Be liable for the cost of repairing any trench failures attributable to failure of the adjustment and relocation of the water facilities within the boundaries identified in the Contract, and be liable for and indemnify BRIGHTON CORPORATION for any and all costs and damages resulting from any such trench failure. Page 2 of 5 3. THE PARTIES HERETO FURTHER AGREE THAT: a. The CONTRACT amount for the water portion of the project shall be based on the actual quantities of work acceptably performed, and/or, installed, as determined from field measurements,. and paid for pursuant to the unit, and/or lump sum prices established in the Contract; b. MERIDIAN'S approval will be required for any change order work involving the adjustment and relocation of the water facilities; c. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect the entire project for the purpose of reviewing the project to locate and note any unstable areas and resolve any items of concern or misunderstanding; to be reconciled in the PreCon Meeting on or around June 1, 2007; d. This instrument contains the entire agreement between the parties with respect to the subject matter hereof; e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement; g. In addition to such other remedies at law or equity for default that MERIDIAN may have, in the event that BRIGHTON CORPORATION fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, MERIDIAN may withhold any reimbursements due to BRIGHTON CORPORATION hereunder until such defaults are corrected to the satisfaction of MERIDIAN. h. In the event that MERIDIAN fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, BRIGHTON CORPORATION shall be entitled to all remedies available at law or in equity. L Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action; j. - Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; and Page 3 of 6 k. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: BRIGHTON CORPORATION By: ptvn By: J ATTEST: CITY OF MERIDIAN t \'� �111�uuurrr�r . B y I `'B 41, William G. Berg, Jr. - de W rd 1,�� City Clerk �� '�lla .%te rrNt tll11111\�,�,. Page 4 of 5 STATE OF IDAHO ) ) ss. COUNTY OF ADA ) On this 401f day of, :M , 2007, before me, a notary public in and for said state, personally apps red (2ecca-A-s known to me to be thea BRIGHTON CORPORATION and the person who subscribed sad name to the fo going 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 Pub is for Idaho PUBLIC * Residing at ��in , Idaho My commission expire STATE OF IDAHO ) ) ss. COUNTY OF ADA ) On this 54'" day of Tune-- , 2007, before me, the undersigned, personally appeared TAMMY DEWEERD and WILLIAM G. BERG, JR., Mayor and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. 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: 110-11-11 Page 5 of 6 June 1, 2007 MERIDIAN CITY COUNCIL MEETING June 5, 2007 APPLICANT ITEM NO. 6-G REQUEST Contract for the Storm Water Management Support with Brown and i r wr i iw. rrr Caldwell, Inc. for $39,700.00 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: Sea a#adttd OTHER: Contacted: Date: Phone: Emalled: Staff Initials: materhds presented at pubic m"*W shag become properly of the City of meddlan. • Memo To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer PJ RECEIVED 2007 "ity Of Meridian cafyy Clerk Offif ce Dat®: 05/30/2007 Re: Proposed Agenda Item for June 5, 2007 City Council Meeting The Public Works Department respectfully requests the following items be placed on the June 5 City Council agenda, under Consent Agenda, for Council's consideration: Storm Water Management Support. Brown and Caldwell has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $39,700. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the le of December, 2008 for the Engineering Services for Miscellaneous Wastewater Projects. This project provides engineering services for the development of a storm water management program that will include a SWPP checidist, inspection program, compliance reporting summaries and a training program for the basics of storm water management for construction projects for Public Works staff. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Storm Water Management Support with Brown and Caldwell, Inc for $39700 and authorize the Mayor to sign It. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 1 600 East Mverpark Lane, Suite 210 Bolse, Idaho 83706 Tel: (208) 336-1340 Fax: (208) 344 -MS May 24, 2007 Mr. Clint Dolsby City of Meridian Public Works Department 660 East Watertower, Suite 200 Meridian, Idaho 83642 54-0151364-006-003 Subject: Proposal for Storm Water Management Support Dear Mr. Dolsby: Recently, the City of Meridian (City) has faced challenges implementing effective storm water management controls as part of an overall Storm Water Pollution Prevention Plan (SWPPP) as required by the Clean Water Act. Specifically, the challenges are centered on compliance with the Construction General Permit (CGP) that articulates storm water management requirements for projects that disturb one or more acres of soil during construction. The City contacted Brown and Caldwell and requested a proposal to perform various storm water management tasks in support of the City's compliance efforts. The following proposal presents a brief summary of our qualifications and staff available to perform the work. In addition, we have provided a detailed Scope of Work and Fee Estimate for City review and approval. We propose this work to be completed under our Master Agreement for Engineering Services dated November 28, 2006. QUALIFICATIONS Regarding storm water management experience and capabilities, Brown and Caldwell is considered a national leader and specifically a leader in construction storm water management for municipalities and state Departments of Transportation (DOTs). In Idaho, we have performed storm water work throughout the state including extensive work with the Idaho Transportation Department's (ITD) storm water program In addition to understanding how to efficiently execute third party storm water inspections, we bring a unique understanding of the U.S. Environmental Protection Agency's (EPA's) storm water management requirements having developed and delivered the Resident Engineer (RE) Storm Water Management Training and Contractor Storm Water Management training as part of the recently signed ITD Consent Decree. We are proud to suggest that this combination of inspection and training experience give us the capability to efficiently execute the many storm water support tasks required by the City. The following table provides highlights of some of our storm water inspection and management experience in the State of Idaho, with ITD, and with state DOTS and government agencies. p:\wp\propoWs\fy07\municipal\051364 meridian sw support\sw proposal 5-24-07.doc 0 0 Mr. Clint Dolsby May 24, 2007 Page 2 Storm Wa(er Inspection Nlanagement Experience and Project Field Inspections SWPPP Review Training Franklin Road Intewliange Third Party Inspections, ITD ✓ ✓ Resident En&eer Stone Water Management Training, ITD ✓ ✓ ✓ Contractor Storm Water Management Tnuning, Idaho AGC ✓ ✓ ✓ Annual Storm Water Prevention Pollution Handbook Evaluation and ✓ Survey, Mountain Home Air Force Base, Idaho ✓ ✓ Review and Update of Storm Water Pollution Prevention Plans ✓ SWPPP , Central Paying Corporation, Boise, Idaho ✓ ✓ Base Wide Storm Water System Evaluation, Mountain Home Air Force ✓ Base, Idaho ✓ Construction and Maintenance Compliance Assistance for Erosion Control ✓ and Storm Water Management, Caltrans ✓ General Storm Water Support, Caltrans ✓ ✓ ✓ Storm Water Management Support, Nevada DOT ✓ Review and Update of Stone Water Pollution Prevention Plans, ✓ Idahoan Foods ✓ riease see Appendix A for detailed write-ups on bolded projects listed in the table. PROPOSED STAFF Steve Burgos, Project Manager. Steve Burgos will serve as our Project Manager and ensure the City is receiving the type of service and level of service you expect. Steve is a Client Service Manager with 12 years experience successfully managing and completing storm water, wastewater, and water projects. Steve is currently serving as our Project Manager for the Third Party Inspections being performed on ITD's Franklin Road Interchange project. In addition, Steve serves as the Project Manager and Lead Instructor for the development and delivery of ITD's RE Construction Storm Water Management Training curriculum. Steve is also the leader of our efforts in developing and instructing the Idaho Associated General Contractors' (AGC) Contractor Storm Water Management Class as required by the Consent Decree. Through this class, Steve gained valuable insights into how contractor's view storm water compliance. Accordingly, Steve is very familiar with storm water management programs and the requirements of the CGP. On the City's contract, Steve will oversee the compilation of the storm water inspection information and make certain the monthly inspection reports submitted to the City thoroughly cover all of the required inspection information. In addition, he will be the lead in reviewing project SWPPPs and coordinate the development of the City's overall Storm Water Management Program for construction projects. Mike Flake, Technical Advisor. Michael Flake is the principal storm water leader within Brown and Caldwell's western region. He specializes in providing guidance and assistance on storm water management projects throughout California and the surrounding western states including work in Idaho with ITD and the Idaho AGC on their storm water management training programs. Mike has 14 years of experience managing and conducting storm water efforts and environmental services. Four years were spent managing the California Department of Transportation's (Caltrans) Storm Water Program as the office chief for storm water policy, planning and permitting. Mike was responsible for permit negotiations, storm water management plan development, annual reporting, p:\wp\proposals\fy07\municipal\051364 meridian sw support\sw proposal 5-24-07.doc 0 • Mr. Clint Dolsbv May 24, 2007 Page 3 compliance reviews, self -audit programs, public outreach, total maximum daily loads (TMDLs), areas of special biological significance (ASBS), and many other issues. He developed many of the Caltrans manuals and training programs related to Best Management Practices (BMP) implementation for construction and post -construction. He designed many BMPs specifically used for addressing work related to retrofit or replacement of Bay Area toll bridges. Mike will serve as a technical advisor in the development of the City's construction storm water management program as well as the staff training program. He will provide final quality assurance/quality control (QA/QC) on all documents to ensure the deliverables are meeting City expectations as well as compliance requirements. Paul Spillers, Lead Inspector. We are proud to offer Paul Spillers as our Lead Inspector. Paul is currently serving as our Lead Inspector on the ITD's Franklin Road Interchange project and so brings specific familiarity with specific construction storm water management requirements. In addition, Paul is a certified Water Pollution Control Manager (WPCM), as specified by the requirements in the ITD's Consent Decree who brings the varied storm water experience required to effectively conduct the City's Third Party Inspection services. Paul has 18 years of storm water, transportation department, environmental services and construction experience on projects throughout the West. Paul has played a role in almost every aspect of storm water management. While conducting emergency spill response operations, Paul installed and maintained storm water BMPs as part of a comprehensive pollution control plan. Paul has also completed and/or reviewed numerous SWPPPs for state DOTs and private industry including the Base Wide SWPPP for Mountain Home Air Force Base (MHAFB). In addition, Paul has provided years of inspection services to state DOTS including material testing inspections where he learned about the day-to-day dealings with contractors. More recently, Paul performed storm water management inspection services for Caltrans as part of Brown and Caldwell's ongoing Third Party Inspection contract. In short, Paul's experience with storm water management from almost every perspective, his state DOT inspections and his years of working hand -and -hand with contractors make Paul exceptionally qualified to perform the City's Third Party inspections. Todd Glindeman, Back -Up Inspector. Todd has over 7 years experience as a Staff Scientist in Brown and Caldwell's Boise office. Todd has a B.S. and M.S. degree in Environmental Science and has hands-on experience with storm water compliance work. Todd served as our execution lead on the MHAFB Annual Storm Water Survey and played a key role in our Base Wide Storm Water System Evaluation. The system evaluation activities included inspection and characterization of the existing storm water BMPs and management systems, performing hydrologic modeling of storm events to determine loading to the system, and hydraulic modeling to evaluate conveyance capacities and develop recommendations to address existing deficiencies providing capacity for future construction on the Base. Todd's experience dealing with storm water permits and inspecting storm water facilities make him well qualified to support Paul and Steve during the Third Party Inspections. Dale Kerner, Back -Up Inspector. Dale has 8 years of experience as a Staff Geologist during which he has completed numerous storm water assignments including preparation and review of SWPPPs, storm water BMPs, and site storm water inspections. Most recently, Dale lead our efforts in completing the SWPPPs and for the Central Paving Company which included site inspection for p:\wp\proposals\fy071mwmicipal\051364 meridian sw suppoRlsw proposal 5-24-07.doc 0 Mr. Clint Dolsby May 24, 2007 Page 4 storm water compliance and evaluation of storm water BMPs for storm water management effectiveness. Dale's knowledge of storm water compliance regulations and his hands-on storm water inspection experience making him well qualified to support Paul and Steve on ITD Third Party Inspections. SCOPE OF WORK Brown and Caldwell will develop a program for meeting storm water management requirements associated with the CGP. This program will consist of the following components: ■ Develop a step-by-step storm water management approach for the City to apply to each construction project to assure compliance with the CGP and define expectations for contractors working on City projects. ■ Develop a SWPPP review checklist for the City to use when reviewing and approving SWPPPs on City -owned projects. ■ Develop an inspection program for identifying and implementing review methods and procedures. ■ Conduct third party inspections on City construction projects that fall under the jurisdiction of the CGP. ■ Provide compliance reporting summaries that identifies project compliance as well as proactively identify problem areas prior to potential violations. ■ Develop an 8 -hour training curriculum on the basics of storm water management for construction projects and deliver training a minimum of two times in the 12 months after Notice to Proceed (NTP). The length of this initial contract will be for 12 months from the NTP. The goal will be for the City to take over the construction storm water management program after this 12- month period. Task 1— Project Management Brown and Caldwell's Project Manager will coordinate directly with the Project Manager for the City, as needed to identify projects needing inspections, review the inspection reports and budget status. Task 1 includes setting up the project budget and schedule and overall tracking of the work progress. It also includes tracking dates and times of on-site inspections for reporting purposes. Deliverables ■ Monthly invoice. ■ Monthly log of storm water inspection dates and times by project. p:\wp\proposals\fyO7\mumcipal\051364 meridian sw support\sw proposal 5-24-07.doe 0 • Mr. Clint Dolsbv May 24, 2007 Page 5 Task 2 — Construction Storm Water Management Program Development Brown and Caldwell will develop a step-by-step compliance approach for the City to apply to each construction project to assure compliance with the CGP and define expectations for contractors working on City projects. This compliance approach will clearly identify the following: ■ Roles and responsibilities of City staff and Contractor regarding the City's storm water management program. ■ How the City should address storm water management in the bidding process. ■ Timelines associated with various steps in the storm water management process. ■ References that the City and Contractor can use for storm water BMP use and installation. ■ Templates and checklists associated with various portions of the storm water management program (e.g., the SWPPP template recommended by EPA). Deliverables ■ DRAFT Construction Storm Water Management Program Document with attachments for City review and one round of comments. ■ FINAL Construction Storm Water Management Program Document with attachments. Task 3 — Development of SWPPP Review Checklist Task 3 will focus on development of a SWPPP review checklist for the City to use when reviewing and approving SWPPPs on City -owned projects. The checklist will be based on the EPA's SWPPP template and will promote efficient review of construction SWPPPs by City staff. The checklist will include steps for an initial review and also what the City should consider when reviewing a SWPPP during construction as part of the storm water inspection program. Deliverables ■ DRAFT SWPPP Review Checklist for City review and one round of comment. ■ FINAL SWPPP Review Checklist. Task 4 - Inspection Program Development Brown and Caldwell will prepare an inspection program describing the process used to evaluate and conduct inspections of City construction projects. The projects that fall under the inspection program include all projects that disturb one acre or more of soil. The program will be prepared to meet the following specific objectives: ■ Identify a methodology for evaluating the compliance of selected construction projects against the requirements of the CGP. p.\wp\pmposals\fy07\municipal\051364 meridian sw support\sw proposal 5-24-07.doc 0 Mr. Clint Dolsbv May 24, 2007 Page 6 0 ■ Describe a system for reporting the compliance status of all projects to City management. ■ Utilize a compliance ratings system to describe a project's overall level of compliance. ■ Define the inspection forms and other information sources and tools to be used by the inspection team. Deliverables ■ DRAFT Inspection Program for City review and one round of comment. ■ FINAL Inspection Program Task 5 - Performance of Site Inspections Brown and Caldwell will utilize the individuals described in this proposal to perform unannounced construction site storm water inspections. Prior to conducting any site inspection, the inspector will become familiar with the project location and specifications that govern the construction site. Inspectors will conduct inspections of all construction sites in a professional manner and document all findings and recommendations within an inspection form. The inspections will be conducted using the following guidelines: ■ Inspections shall be at least every 30 days. ■ Inspections shall be unannounced. ■ If significant deficiencies are found, a follow up inspection will occur within 14 days. ■ Provide to the City and the Responsible Contractor within 48 hours of each inspection written findings and recommendations. ■ Provide t o�FD r4ritten findings of any necessary changes to the SWPPP or BMPs within 7 days. ■ Inspection services will include an initial thorough review of project SWPPP with recommendations on how to address potential areas of non-compliance Brown and Caldwell will provide City management a copy of the inspection report as outlined in the Inspection Program. While Brown and Caldwell can identify deficiencies and suggest solutions in the inspection report, the City is responsible for ensuring the deficiencies are addressed by the Contractor. The City will provide the list of projects that are subject to inspection. The list of projects will be updated every 3 months by the City. Deliverables ■ Inspection reports to the City within 48 hours of the inspection. P:\wP\proposals "7\municipal\051364 meridian sw supportAsw proposal 5-24-07.doc 0 0 Mr. Clint Dolsby May 24, 2007 Page 7 Task 6 - Compliance Reporting Brown and Caldwell will maintain an electronic database or spreadsheet of all inspections to include site location, date, inspector name, Prime Contractor, compliance rating, and identification of deficiencies and recommendations. Brown and Caldwell will provide this data on a bi-monthly basis and meet with the City to discuss programmatic performance and identify trends and possible solutions for addressing any negative trends. This proactive approach is focused on avoiding future violations of the Clean Water Act. During the bi-monthly meeting, Brown and Caldwell and the City will determine if any waivers from the inspections are warranted, as outlined in the CGP. Brown and Caldwell will prepare an Annual Report of all activities conducted for meeting the conditions of this agreement. The Annual Report shall be provided in an electronic format acceptable to the City. Deliverables ■ Bi -Monthly Construction Storm Water Management Compliance Reports. ■ Annual Construction Storm Water Management Compliance Report Task 7 — Development and Delivery of Construction Storm Water Management Training Course Brown and Caldwell will develop an 8 -hour construction storm water management training syllabus to meet City requirements. The formal 8 -hour training session for City staff will be focused on the following topics: ■ Brief history of Clean Water Act and past violations in Idaho; ■ Role of the City, DEQ, EPA, and Contractor in storm water management for projects in Idaho; ■ Basic principles of erosion, sediment control, and non -storm water/waste management control; ■ City and State Storm Water related Standard Plans and Specifications and BMP manual; ■ Selection and implementation of erosion control, sediment control, and non -storm water management/waste; management control BMPs; ■ How to review and approve a SWPPP based on ITD and EPA requirements and guidance manuals; and, ■ BMP inspection and maintenance program. p:\wp\proposals\fy071municipal\051364 meridian sw supporAsw proposal 5-24-07.doc 0 0 Mr. Clint Dolsby May 24, 2007 Page 8 This task assumes two training sessions. Reproduction costs are assumed to be for a maximum of 10 attendees per session. Deliverables ■ DRAFT Storm Water Management Training Syllabus. ■ FINAL Storm Water Management Training Syllabus. SCHEDULE The following presents a schedule to complete the tasks described in the SOW. Task Schedule 1 — Project Management - 2 - Construction Storm Water Management Program Development 4 weeks after NTP 3 - Development of SWPPP Review Checklist 4 weeks after NTP 4 — Inspection Program Development 4 weeks after NTP 5 — Performance of Site Inspections Once every 30 days 6 — Compliance Reporting Once every other month 7 - Development and Delivery of Storm Water Management Training Development with 5 weeks of NTP, delivery when needed FEE ESTIMATE The following table provides a summary fee estimate for the scope of services proposed. The fee estimate is based on the assumptions developed from our conversations with City staff and our experience with other Third Party Inspection programs. These assumptions are presented in the following section. Brown and Caldwell proposes conducting this work on a time -and -materials basis with a multiplier of 3.2 applied to our direct labor rates and a 10 -percent mark-up on materials and supplies used as part of this effort. Task Fee 1 — Pro ect Management $3,500 2 - Construction Storm Water Management Program Development $12,600 3 - Development of SWPPP Review Checklist $3,000 4 — Inspection Program Development $5,500 6 — Compliance Reporting $5,300 7 - Development and Delivery of Storm Water Management Training (two 8 -hour sessions included) $9,800 Total $39,700 5 — Performance of Site Inspections this is the total cost for inspections per project over 12 monthsper $16,000 pfoject p:\wp\propmis\fy071municipal\051364 meridian sw supporAsw proposal 5-24-07Aoc 0 0 Mr. Clint Dolsby May 24, 2007 Page 9 ASSUMPTIONS The following assumptions were made in preparation of the scope of work and fee estimate: ■ City will provide a list of projects for which the need for inspections are needed and an updated list every 3 months during project execution; and ■ City will perform only one cycle of review and comments on any Draft submittals. ■ The Annual Compliance report will cover the dates from date of NTP to the end of the calendar year. ■ The cost presented in the fee table for site inspections (Task 5) is on a per project basis. ■ The number of inspection per site over the 12 -month period is assumed to be 15 to meet the requirements of once every 30 days and again within 14 days if significant deficiencies are found. This assumes 3 follow-up inspections to ensure problem areas have been addressed by the Contractor. ■ Each inspection and follow-on report would require 8 hours including travel. This number is conservative and could be less depending on the size and complexity of the site. ■ The inspection fee includes 16 hours to perform an initial, thorough review of the site SWPPP and provide action items for improvement. For your convenience, we have prepared this proposal in the form of a Letter Agreement to be performed under the Master Agreement dated November 28, 2006. Should you desire to begin this work immediately, please sign both copies of this Letter Agreement Proposal and return one copy to 600 East Riverpark Lane, Suite 210, Boise, Idaho 83706. The other copy is for your files. Any questions concerning this proposal should be directed to Mr. Steve Burgos at (208) 336-1340. Very truly yours, BROWN AND CALDWELL � 7 Mark E. Gagnon, P.G. Office Manager Dean P. Smith, P.E. Principal Engineer MEG:kw ACCEPTED BY THE CITY OF MERIDIAN By: Tammy de Weerd, Mayor Attest: William G. Berg, Jr. City Clerk Approved by City Council: Date: p:\wp\propmis\fy07\nmicipal\051364 meridian sw support\sw proposal 5-24-07.doc 0 0 APPENDIX A SPECIFIC PROJECT DESCRIPTIONS Third Party Storm Water Inspections, Idaho Transportation Department Brown and Caldwell is currently conducting Third Party Storm Water Inspections for ITD's Franklin Road Interchange project to meet specific Consent Decree requirements. Our Third Party Inspection tasks being performed on the project include: Unannounced monthly inspections of the entire project site. Monthly review of the site Storm Water Pollution Prevention Plan (SWPPP) and project storm water compliance paperwork. Physical site inspections of site Best Management Practices (BMPs) for storm water and non -storm water management using the PID Inspection Form 2802. Comparison of SWPPP site plans showing BMP deployment to actual field conditions. Compilation of Action Items to address any storm water management maintenance issues and recommendations for improvements. Completion of final inspection reports and provided to ITD and the Contractor within 24 hours of the inspection. At the request of ITD, Brown and Caldwell has also budgeted time in the contract outside of monthly storm water inspections for storm water consulting services to assist ITD in addressing difficult storm water management issues that develop during project construction. Rey Personnel- Steve Burgos (Project Manager), Paul Spillers (Lead Inspector), Todd Ghndewan (Back -Up Inspector) Resident Engineer Storm Water Management Training, Idaho Transportation Department In June 2006, the ITD entered into a Consent Decree with the U.S. Environmental Protection Agency (EPA) that, among many other conditions, required the training of Resident Engineers (REs) on storm water management within 120 days. ITD understood that Brown and Caldwell had provided similar storm water training to transportation entities in other states, thus ITD requested Brown and Caldwell develop and deliver a training course that met the conditions of the Consent Decree as well as improve the overall ability of ITD staff to be in compliance with stormwater regulations. As such, Brown and Caldwell's scope of work included the development of a training course that covered the following topics as specified in the Consent Decree: p:\wp\proposals\fy07\municipal\051364 meridian sw support\sw proposal 5-24-07.doc APPENDIX A May 24, 2007 Pagel of 3 • History of the Clean Water Act and past violations; Roles of ITD, EPA and state regulatory personnel in storm water management of ITD projects; How construction negatively impacts receiving waters and the environment; Basic principles of erosion and sediment control, as well as non -storm water discharges and waste management; ITD standard plans, specifications, and manuals related to storm water management; Selection and implementation of BMPs for addressing erosion, sediment control, non -storm water discharges, and waste management within ITD projects; How to review and approve a SWPPP based on both ITD and EPA requirements and guidance manuals; How to conduct inspection and maintenance of BMPs; and, Final examination for testing student knowledge. Based on our experience with other state DOT training programs, Brown and Caldwell delivered significant cost savings to ITD by utilizing existing corporate knowledge of basic storm water management associated with DOTs. Not only did past experience lead to cost savings but it allowed us to focus the training on specific ITD storm water management needs. Finally, Brown and Caldwell's responsiveness resulted in the development and delivery of three 16 -hour training sessions within two and a half months from notice to proceed. This allowed ITD to meet the critical Consent Decree condition of having all ITD REs trained within 120 days. Key Personnel Steve Burgos, Project Manager, Course Developer and Instructor Contractor Storm Water Management Training, Idaho Associated General Contractors, Boise, Idaho Training requirements in the recently signed ITD Consent Decree stipulate that any "Responsible Contractor" on an ITD project shall have a properly trained Water Pollution Control Manager (WPCM). This WPCM shall attend an ITD certified storm water management course that includes field training on BMP installation and maintenance. Brown and Caldwell was retained by the Idaho Associated General Contractors (AGC) to develop and deliver this 16 -hour course which included a two-hour practical exam requiring students to develop their own storm water management site plan for a highway construction site. As part of this course, Brown and Caldwell organized a four-hour field demonstration of how to properly select, install, and maintain storm water BMPs as well as reviewed what EPA would be looking for during their storm water inspections. A key component of the course was reviewing ITD storm water inspection procedures and expectations. This included a through, step-by-step review of the requirements associated with ITD Inspection Form 2802. p:\wp\proposals\fy071munici}aR051364 meridian sw support\sw propowl 5-24-07.doc APPENDIX A May 24, 2007 Page 2 of 3 Key Personnel Steve Burgos, Pmmject Manager, Course Developer and Instructor i\nnual SV71111 f Iandbook Evaluation and Sun,ev, Alounta Brown and Caldwell conducted an evaluation and survey of approximately 40 Mountain Home Air Force Base (MHAFB) flight -line facilities with respect to their compliance with the storm water Multi -Sector General Permit (MSGP) and use of effective storm water BMPs. Part of the work included inspection of the BMPs for proper installation and maintenance. The project also included reviewing and updating the M1 AFB Storm Water Pollution Prevention (SWPP) Handbook and training MHAFB personnel in storm water prevention. Key Personnel Steve Burgos (Project Manager), Todd Glindeman (Inspector) Other Relevant Storm Water Experience in Idaho Below are several Brown and Caldwell storm water management projects completed from our Boise office that contain relevant storm water project experience for the services we are likely to provide ITD. Review and Update of Storm Water Pollution Prevention Plans, Central Paving; Corporation, Boise, Idaho Brown and Caldwell, lead by Dale Kerner, reviewed and updated SWPPPs for five active sand and gravel operations owned by Central Paving throughout the Treasure Valley. The SWPPPs are required as part of Central Paving's MSGP. The work included site inspections of storm water BMPs and updating the facility SNYPPPs to reflect current conditions on site. Key Personnel Dale Kerner (Pn� ject Manager and Inspector) Review and Update of Storm Water Pollution Prevention Plans, Idahoan Foods Brown and Caldwell, lead by Paul Spillers, reviewed and updated SWPPPs for two large potato processing facilities owned by Idahoan Foods in Rupert and Glens Ferry. The SWPPPs are required as part of Idahoan Foods MSGP. The work included site inspections of storm water BMPs and updating the facility SWPPPs to reflect current conditions on site. Key Personnel Paul Spillers (Phyeet Manager), Dale Kerner (Inspector) Base Wide Storm Water System Evaluation, Mountain Home Air Force Base, Idaho Brown and Caldwell performed a detailed evaluation of MHAFB's storm water system, which includes more than 600 inlets and 88,000 feet of conveyance pipe and ditches. Project activities included characterizing the existing systems, performing hydrologic modeling of storm events to determine loading to the system, and hydraulic modeling to evaluate conveyance capacities and developed recommendations to address existing deficiencies and provided capacity for future construction on the Base. In addition, Brown and Caldwell evaluated compliance with its storm water NPDES permit and related environmental issues. KeyPersonnel Todd Gfindeman (Inspector) p:\wp\proposals\fyO7\municipal\0513M meridian sw supporftw proposal 5-2"Tdoc APPENDIX A May 24, 2007 Page 3 of 3 • June 1, 2007 MERIDIAN CITY COUNCIL MEETING June 5, 2007 APPLICANT ITEM NO. 6-H REQUEST Amendment to Roster of Qualified Consultants for Engineering Services for Water, Wastewater and Miscellaneous Public Works Projects 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 atkOied Contacted: Date: Phone: Emalled: Staff initials: Matork* proses teed at public meefkW shall become property of the c#y of Modem. • Memo To: Will Berg; Tara Green Frani Clint Dolsby, P.E., Staff Engineer CO File, Len Grady, Keith Watts u RECEIVED of '11 2007 City Oke Date: 5/31/2007 Re: Proposed Agenda Item for June 5, 2007 City Council Meeting The Public Works Department respectfully requests the following item be placed on the June 5 City Council agenda, under Consent Agenda, for Council's consideration: Amendment to Roster of qualified consultants for Engineering Services for Water Wastewater, and Miscellaneous Public Works Proiects Recommended Council Action: The Public Works Department recommends that City Council approves the addition of Murray, Smith & Associates, Inc. to the Roster of qualified consultants for Engineering Services for Water, Wastewater, and Miscellaneous Public Works Projects, and authorize the Mayor to sign the City's Standard Master Service Agreement Thank you for your consideration. Please contact me if you have any questions regarding this item. 0 Page 1 • • Page 1 of 1 Sharon Smith —05- 07 From: Clint Dolsby /� lti�• �- Sent: Thursday, June 07, 2007 9:37 AM To: Sharon Smith; Keith Wafts Cc: Tara Green; Will Berg Subject: RE: Agenda Item Attachments: Roster.xls Here is the updated roster. From: Sharon Smith Sent: Thursday, May 31, 2007 9:17 AM To: Keith Watts Cc: Clint Dolsby; Tara Green; Will Berg Subject: FW: Agenda Item After this is added, can we get an updated roster for the record please? Thanks Keith! Sharon From: Clint Dolsby Sent: Thursday, May 31, 2007 8:45 AM To: Sharon Smith; Tara Green Subject: Agenda Item I had one more for Tuesday Thanks! 6/7/2007 7 C U v m � 7 N 0 m m 0 0 Lo E c E g' o c E ccog m c W 2 S 2 _�. > C c LU 'E m S W 10 C m C N C7 m C �p tI m C1 N = '> q C LLJ L1 C E C m C 7 > 2 0 0 2 m c ` v E � 2 3; v C C Lli m 1-5 i. 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May 30, 2007 City of Meridian Public Works Department 660 East Watertower, Suite 200 Meridian, Idaho 83642-2300 Re: Request for Proposals for Professional Engineering Services Dear Len, Clint and Kyle: 0 Murray, Smith & Associates, Inc. (MSA) is very pleased to submit this proposal to the City of Meridian for Professional Engineering Services. Our Boise office staff values the working relationships they have developed with the City over the years. MSA, as a firm, looks forward to continuing these relationships with and is dedicated to successfully working with the City to aid in your long-term water, wastewater, modeling and miscellaneous engineering needs. Included with this letter is a statement of qualifications that summarizes our firm capabilities, highlights our firm experience, and presents our strong qualifications for serving the City on any potential assignment. MSA's understanding of the City's utility systems and our extensive community engineering experience give us an excellent understanding of municipal infrastructure improvement work which allows us to provide continuing value and service to the City. We thank you for your consideration of our firm. We are available to personally review MSA's Qualifications with you and/or other members of the selection committee. Sincerely, MURRAY, SMITH & ASSOCIATES, IN b�-� / David Stangel, P.E. C ig B Senior Engineer, Associate Senior Engineer, Associate Dennis Galinato, P.E. Civil Engineer, Associate Murray, Smith &Associates, Inc. Eng�eers/Planners Serving the Pacific Northwest Public Warks Industry Since 1980 Firm Principals: Philip H. Smith, P.E. David W. Leibbrandt, P.E. Chris H. Uber, P.E. Troy L. Bowers, P.E. James L. Helton, P.E. Kevin M. Thelin, P.E. Thomas J. Perry, P.E. Offices.- Boise, ffices:Boise, Idaho 960 Broadway Avenue Suite 500.5008 Boise, ID 83706 (208) 955.7954 Everett, Washington 2707 Colby Avenue Suite 1110 Everett, WA 98201 (425) 252-9003 Portland, Oregon 121 SW Salmon Suite 900 Portland, OR 97204 (503) 225.9010 www.msa-ep.com Firm Profile Murray, Smith & Associates, Inc. (MSA) was established in 1980 to provide high quality civil and environmental engineering to municipalities and public agencies. In addition to providing general consultations through our many on-going continuous service arrangements, MSA offers a full range of services from project inception through construction completion. We have completed many multi -discipline, multi -agency, multi -phase public facilities planning and design assignments and are particularly well known for our ability to effectively and efficiently carry out challenging complex public infrastructure projects. o Water Supply & Distribution System Master Planning & Development ■ Water Treatment & Metering Systems • , Water Resource Management & Conservation Planning ® Water Rights o Reservoirs, Dams, Pump Stations & Wells: Siting, Studies & Design ■ Aquifer Storage and Recovery (ASR) o Hydraulic Modeling & Analyses ■ River Intakes/Stream Diversions o Transmission & Distribution Pipeline Routing Studies & Design ■ Hydroelectric Feasibility - Corrosion Control/Cathodic Protection 1-2 • Wastewater Facilities Planning, Evaluation& Design ® Effluent & Reclaimed Water o "Collection System/Basin Modeling a NPDES Permitting & Compliance o Wastewater Pump Stations ® Biosolids Handling & Beneficial Use ® Gravity Sewers & Force Mains a Combined Sewer Overflow (CSO) ® Innovative Technologies o Infiltration & Inflow (I&I) ■ System Conversions Improvements ■ Wastewater Treatment Facilities ■ Odor & Corrosion Control *AN~ a Stormwater Basin & Master Planning ■ CSO Control/Pollution Control ■ Hydrologic & Hydraulic Modeling ■ On-site Retention Systems ■ On-site Detention, Retention & Water Quality Analysis & Design ■ Special Inlet Structures& Outfalls ■ Drainage Piping & Culvert Design ■ Fish Passage Design ■ Wetlands Design ■ Water Resource Management Planning • Combined Sewer Separation ■` Street, Road Planning & Design m Signalization Improvements ■ Traffic, Routing & Alignment Studies ■ Subsurface Utility Engineering (SUE) ■ Bridge Engineering ■ Landslide Related Road Repairs ■ Downtown Plan Improvements ■ Integrated Road & Utility Designs ■ ,Utility Undergrounding &Streetscaping ■ Interagency Coordination ■ Intersection Realignments o Road Culvert/Fish Passage Enhancements ■ On-call General Consulting' ■ Vulnerability Assessments & Emergency ■ City/District Engineering Action/Response Planning Program Management Seismic Retrofits/Rehabilitation ® Public Works Construction Contract Administration a Commercial/Industrial Facilities ■ Plan/Development Reviews a Marine Facilities ■ Intergovernmental Agreements a Natural Gas Facilities ■ Rates, Finance, Grants & Loans Trenchless Technologies, Water Resource Management Planning o Instrumentation & Control ■ Land Use Permitting' o CADD/Mapping/GIS ■ Environmental Permitting- a Utility Coordination ■ ESA Compliance/Environmental Mitigation 1-2 0 TABLE OF CONTENTS Section ❑ Section 1: Introductory Letter and Firm Profile ....................................... (precedes) ❑ Section 2: Basic Qualifications................................................................................ 2-1 ❑ Section 3: Key Personnel......................................................................................... 3-1 ❑ Section 4: Examples of Work.................................................................................. 4-1 ❑ Section 5: Project Approach................................................................................... 5-1 ❑ Section 6: Other........................................................................................................ 6-1 City of Meridian MURRAY, SMITH & ASSOCIATES, INC. Engineering Services May 2007 Engineers/Planners TOC 0 0 SECTION 2 BASIC QUALIFICATIONS Murray, Smith & Associates, Inc. (MSA) has grown to be one of the strongest public works engineering firms in the Pacific Northwest. Many of the region's municipalities and districts currently depend on our firm for comprehensive, complex public works engineering projects because of our proven track record, dependability, strong sense of client loyalty, no-nonsense approach, constant and consistent professionalism and our absolute commitment to excellent service. Our clients rely on MSA's high value service, knowing that their communities will benefit from solid advice and engineering focus on long-term performance. MSA is very qualified and suited for work with the City of Meridian due to our experience, our commitment of principal level staff, and our business focus on municipal engineering service to public agencies. MSA has served as the "Engineer of Record" for several communities on past occasions and is currently providing similar engineering services to several cities and public agencies. Our success is proven by the fact that most of our firm's current work is repeat business with satisfied public agency clients. MSA is currently engaged in a variety of projects with multiple public agencies. Many of these projects are long-range planning and extended continuous service arrangements which are a testimony to the trust and confidence our clients have in MSA's professional staff and capabilities. MSA's strong wastewater, stormwater, water, and transportation expertise, combined with our comprehensive design and construction management capabilities, provides the City with the assurance that project designs will meet current needs as well as long-range service objectives. Section 4 includes examples of our experience and capabilities. The examples only represent a sampling of our projects and are intended to present the broad range of our engineering expertise and specialized talent in all aspects of municipal engineering. Please note that many of the projects included multiple disciplines and levels of engineering services, including preliminary design services, permitting, funding acquisition assistance, contract administration, construction inspection, etc. A comprehensive or specific specialized listing of MSA projects will be gladly provided upon request. City of Meridian MURRAY, SMITH & ASSOCIATES, INC. Engineering Services May 2007 Engineers/Planners 2 - 1 0 0 SECTION 3 KEY PERSONNEL Murray, Smith & Associates, Inc. (MSA) is prepared to commit a team of highly experienced and capable key staff to accomplish the wide variety of engineering work that may be anticipated by the City of Meridian. This includes work on short notice or during an emergency. The MSA team will be committed to the City and its needs. We offer the City a broad range of engineering expertise and talent with exceptionally strong technical experience, competence, and production capacity related to the proposed engineering services. Our firm is well known for our "can -do" attitude and high performance capability in successfully taking on and completing complex multi -discipline and often "fast-track" projects. We are currently engaged in a number of general and continuing engineering service arrangements with cities and districts throughout the Pacific Northwest, which is a tribute to the dedication of our key staff. Our clients appreciate the value we bring to projects and our attention to costs, both engineering and construction. They show this appreciation through continuous service agreements and repeat business, which makes up the vast majority of our work. City of Meridian MURRAY, SMITH & ASSOCIATES, INC. Engineering Services May 2007 Engineers/Planners 3 - 1 0 David Stangel, P.E., Senior Resident Office: Boise, Idaho Education BS in Geography, Oregon State University, 1992 MS in Water Resource Engineering/Bioresource Engineering, Oregon State University, 1994 Registration Registered Professional Engineer, State of Idaho Registered Professional Engineer, State of Washington Career Summary • Associate Professional Activities American Water Works Association (AWWA) Water for People 13 Years of Experience David Stangel has over 13 years of experience and brings highly specialized qualifications to projects with his diverse engineering and extensive GIS background. Mr. Stangel joined the firm of Murray, Smith & Associates after serving as an engineer with CH2M HILL's Water Business Group in Boise, Idaho. He devotes the majority of his time to hydraulic modeling and master planning work, where his GIS background allows for the smooth integration of GIS - based data into hydraulic modeling formats. His project experience includes master planning, hydraulic analysis and GIS implementation for clients throughout the Pacific Northwest, the United States, and abroad. Experience Overview Key Expertise: Integrated Water System Planning, Water Mr. Stangel served as Project Manager on the Master Planning, Wastewater Conveyance Planning, Hydraulic Comprehensive Water System Study for the Modeling and Water Distribution System Analysis, Water Mountain Home Air Force Base in Mountain Management and Conservation Plans Home, Idaho. The study focused on ensuring that the Base has adequate water infrastructure in place to provide service for at least 50 years. The primary areas of focus for the study are condition assessment, hydraulic modeling, and source of supply. Hydraulic model construction, calibration and analyses has been performed to assess the hydraulic capacity of the system, and a capital improvement plan will be developed to allow the Base to continue to provide adequate high-quality water in the future. Mr. Stangel served as Project Manager for the Collection System Model Development and Capital Improvement Plan Development for the City of Twin Falls, Idaho, and worked to develop a collection system hydraulic model for the City. The project includes creating a model network from a combination of available electronic and hard copy data including as-builts, calibrating that model to field collected flow measurements and providing an existing and future capital improvement plan. The entire project schedule is less than one year in duration. As Task Lead, Mr. Stangel directed the construction of a GIS synchronized hydraulic model on the Water and Wastewater Master Plan for the City of Redmond, Oregon. Several different growth boundary options were evaluated to ensure future service. As Senior Consultant on the City of Spokane Hydraulic Model for the City of Spokane, Washington, Mr. Stangel and his team were contracted by the City to construct an all -pipe City of Meridian Murray, Smith & Associates, Inc. Engineering Services May 2007 Engineers/Planners 3 - 2 • E David Stangel, P.E., Senior Engineer, Associate dynamic hydraulic model for their distribution system. The project entails four main tasks; 1) model construction from an existing ESRI Geodatabase structure including all pipes (16,000- 18,000 pipes) with the exception of service and hydrant laterals, 2) demand allocation by parcel using existing billing records geo-located and referenced to demand nodes, 3) steady state and dynamic calibration including 4-6 weeks of field pressure and flow measurements and 4) ongoing model maintenance with the City's GIS database, including training for City staff in the use of the hydraulic modeling software. Mr. Stangel was Project Manager of the Water System Master Plan Update for the City of Meridian, Idaho. Updating the water system master plan for this growing community of approximately 50,000, the plan includes evaluating water system hydraulics, modeling system improvements future growth areas outside the city's urban growth boundary, producing a 20 year projected capital improvement plan, and evaluating options for financing future improvements. As Task Lead/GIS Coordinator on the Hydraulic Computer Model for the Sanitary and Combined Sewer System for the City of Everett, Washington, Mr. Stangel coordinated GIS for this project to develop a hydraulic computer model for analysis of the sanitary and combined sewer system. The City had a large existing Arclnfo database of Coverages and Shapefiles. This information was processed using a series of QA/QC steps to ensure attribute completeness and accuracy as well as correcting the topology in many areas, where pipes were not connected properly or had been digitized in the wrong direction. This project required significant coordination to establish a readily maintainable, one-way transfer of sewer system data from the City's Arclnfo GIS to the hydraulic model. Mr. Stangel served as Project Manager on the 2002 General Sewer Plan Update for the City of Mercer Island, Washington, and was responsible for general coordination and capital improvement plan coordination. Hydraulic models of the City's central business district and lake line were developed to evaluate existing and future growth scenarios. A plan was developed and submitted to DOE in less than one year. A primary component of this project was to build a collection system hydraulic model from the City's Geodatabase. This effort required significant clean-up of the City's data for use in the hydraulic model. Errors or omissions in the data were fixed and the corrected information was returned to the City for incorporation into the master Waste Water System Geodatabase. Mr. Stangel was Task Lead on the Water System Master Plan Update for the City of Tualatin, Oregon. This project provided a water system master plan update and reservoir predesign for the City of Tualatin, a growing community of approximately 21,000. The plan includes evaluating water system hydraulics, using state-of-the-art modeling tools and procedures, including dynamic simulation, to evaluate the ability to fill and drain the proposed reservoir based on various capital improvement and operating scenarios. The dynamic simulation modeling included developing diumal demand curves and loading operational data into the hydraulic model in order to simulate actual system operation over a period of 48 to 72 hours. The plan provided a roadmap for the timing of system improvements through build -out. Potential additions to the City's service area were also analyzed and evaluated to identify other required water infrastructure as part of several different financing options. City of Meridian Murray, Smith & Associates, Inc. Engineering Services May 2007 Engineers/Planners 3 -3 0 B Anderson, P.E., Senior Resident Office: Boise, Idaho Education BSCE in Civil Engineering (WastewaterNater Treatment Emphasis), University of Idaho, 1992 MECE in Civil Engineering, University of Idaho, 1993 • Associate Registration Registered Professional Engineer, State of Idaho Registered Professional Engineer, State of Washington Professional Activities PNCWA Member WEF 114 Years of Experience Career Summary Mr. Anderson joined the firm of Murray, Smith & Associates, Inc. bringing 14 years of experience as a designer, project engineer, and project manager for water and wastewater supply and treatment projects. His expertise is in water distribution, sewage collection, and wastewater treatment studies, design, and construction. Experience Overview Mr. Anderson was the project manager for the Key Expertise: Water and Wastewater Master Planning, predesign, design, and construction of the City of Wastewater Conveyance Planning and Design, Wastewater Treatment Design, Water Source, Supply and Treatment Boise, Idaho's Phase 3, Stage 2 West Boise Engineering, Design and Construction, Groundwater Pump WWTF Improvements. This project consisted of Stations, Reservoir and Pump Station Analysis and Design, approximately $7.5 million in modifications to the Hydraulic Modeling and Water Distribution System Analysis, City's existing South Plant at the West Boise Transmission and Distribution System Piping complex. The majority of the improvements were associated with an upgrade of the aeration basins from mechanically aerated complete -mix basins to two -pass plug flow basins with biological nutrient removal. This project (along with the previously completed Phase 3, Stage 1 work) received first place in the Water/Wastewater Design Category of the 2005 ACEC of Idaho Engineering Excellence Awards. Mr. Anderson acted as Task Manager/Co-Author of the Novelty Hill Sewage Pump Station Preliminary Design Report for the City of Redmond, Washington. The sewage lift station utilized dual forcemains (5,000 linear feet), fly wheels for surge control, a pigging station, a sodium hypochlorite feed system, and adjustable frequency drives (AFD) with minimum flow setpoints to provide City staff with the necessary flexibility to handle the varying flows resulting from phased development of the area. Noise control and future odor control flexibility were included as a result of proximity of future houses. Mr. Anderson was Project Engineer/Designer for the Wastewater Treatment Plant Expansion for the City of Kennewick, Washington. As project engineer and designer, he was involved in the initial planning, feasibility study, facilities planning, and eventual design of a 12.2-mgd wastewater treatment plant expansion. The project included the upgrade of the existing screening facility, new influent flow monitoring, a new influent pump station, aerobic treatment cells, an intermediate clarifier and associated WAS/RAS pump station, a new flash mix/flocculation basin, three new rectangular secondary clarifiers, and upgrades to the existing effluent pump station. During construction, Mr. Anderson served as both the project field representative and played a key role in the management of construction services. City of Meridian Murray, Smith & Associates, Inc. Engineering Services May 2007 Engineers/Planners 3 - 4 0 • Craig B Anderson, P.E., Senior Engineer, Associate Mr. Anderson was Project Modeler for the Sewer Collection System for Benton City, Washington. He modeled the sewer collection system on Benton City and coordinated the modeling with projected growth trends to determine required collection system upgrades and necessary timing. Mr. Anderson authored the City's 1996 Sewer Capital Facilities Plan. Mr Anderson designed two submersible -type lift stations for the Columbia Point Development in Richland, Washington. The stations connected to a common force main and road crossing and were designed to accommodate the variable flows resulting from staged development of the service area. Mr. Anderson acted as Resident Engineer/Owners Representative for the Storage Lagoon and Pumping Facilities; Nestle Brands; Moses Lake, Washington. He oversaw construction of a 660 -acre-feet HDPE -lined, earth embankment, potato wastewater storage and treatment facility. Also included as part of this project was a 1,500-gpm vertical turbine pump transfer facility and 2,000-gpm canned turbine irrigation system add-on. Mr. Anderson was the Project Manager for Water System Improvements for PUD No. 1, Asotin County; Clarkston, Washington. This project involved waterline replacements and providing disinfection systems at six District wells. Design for 20,000 feet of distribution piping and service replacements was completed in the summer of 2000 with construction complete in 2001. A disinfection alternatives study was completed in the fall of 2000. The use of onsite generated and bulk sodium hypochlorite systems were selected for the PUD's full-time and part-time wells, respectively. Mr. Anderson was Project Manager for the Issaquah Highlands Development Project; Issaquah, Washington, as well as a designer for planning, design, and construction of the required water infrastructure for this 5,216 -equivalent residential units development. Projects ranged from overall water system planning to predesign and design of 1- to 4 -million gallons per day (mgd) booster pump stations with surge control to 25 to 100 cubic feet per second (cfs) stormwater conveyance pipelines and stilling basins. He also provided management and civil design for two 1 million -gallon steel reservoirs. Management of this project involved coordination between multiple consultants used on the various aspects of the development, in addition to meeting both client and city review committee goals and requirements. Clear and frequent communications between the parties involved was crucial to project success. Mr. Anderson was the Project Manager and oversaw services during construction of the Tolt Tieline in Redmond, Washington. This project involved the installation of approximately 1.5 miles of 43 -inch -inside -diameter welded -steel pipe, blow -off stations, valve stations, and appurtenances. As with the Issaquah Highlands project, multiple parties were involved and coordination between them was a key factor in ensuring a successful project. Mr. Anderson was Project Manager for the Blakely Ridge Off -Site Stormwater Bypass Line in Redmond, Washington. He managed, designed (Unnamed Creek Bypass), coordinated permit approval, and provided limited construction services for the Blakely Ridge Off -Site Stormwater Bypass Line (Unnamed Creek and Adair Creek). The Unnamed and Adair Creek projects were designed to convey 60 and 90 cfs, respectively, of stormwater detention pond overflow down two steep hills to energy dissipators at the river discharge location. City of Meridian Murray, Smith & Associates, Inc. Engineering Services May 2007 Engineers/Planners 3 - 5 E Dennis Galinato, P.E., Civil Resident Office: Boise, Idaho Education BS in Civil Engineering, University of Idaho, 1998 Registration Registered Professional Engineer, State of Idaho Registered Professional Engineer, State of Washington Registered Professional Engineer, State of Oregon E Associate Professional Activities North American Society for Trenchless Technology (NASTT) American Water Works Association (AWWA) National Society of Professional Engineers/ Idaho Society of Professional Engineers (NSPEIISPE) 8 Years of Experience Career Summary +;. Dennis Galinato has over eight years of experience as a civil engineer with emphasis on project design and field experience in conveyance (water, wastewater, and stormwater), and site development projects. Mr. Galinato joined Murray, Smith & Associates, Inc. after serving five years as an associate project manager with CH2M HILL's Water Business Group. His experience also includes hydrologic modeling and hydraulic modeling of man-made and natural drainage and water distribution systems. C Experience Overview Mr. Galinato served as Project Manager for Key Expertise: Transmission and Distribution System infrastructure design for the Heritage Piping, Groundwater Pump Stations, Wastewater Conveyance Design, Condition Assessments, Water, Wastewater, and Storm Development at the Tamarack Resort in Donnelly, Drainage System Planning, Hydraulic Modeling Idaho. The project includes design and services during the construction of water, sewer, road, power, and propane systems for the mountain resort, phased over three years. The water system includes production wells, storage reservoirs, and booster pumping systems. Mr. Galinato worked as Design Manager for the design of a submersible lift station, 2.5 miles of dual HDPE force main, and 0.5 miles of gravity line for the Bitter Creek Lift Station in Meridian, Idaho. Design flow for the lift station is 1500 gpm. Mr. Galinato worked as Project Manager on the New Well 6 Project for the Mountain Home Air Force Base (MHAFB) in Mountain Home, Idaho. This project provides a new well and well pumping system (approximately 1,500 gpm capacity) to replace an existing potable water well in order to improve potable water quality for the MHAFB. As Project Engineer on the Nampa Sewer Crossings Pre -Design and Design Project for the City of Nampa, Idaho, Mr. Galinato was responsible for analyzing alignment options to rehabilitate and/or replace damaged sewer lines in the City of Nampa. An analysis of different trenchless technologies that could be used in canal and railroad crossings was included in the pre -design task. His responsibilities included final design of the selected alignment options. Mr. Galinato served as Lead Project Engineer and Task Lead on the water system assessment task for the Mountain Home Air Force Base Comprehensive Water System Study in Mountain Home, Idaho. The goals of the task were to rate the existing condition and predict the remaining useful life of the MHAFB water distribution system and water system facilities (with a focus on the water distribution mains). Assessment included excavation and observation of City of Meridian Murray, Smith & Associates, Inc. Engineering Services May 2007 Engineers/Planners 3 - 6 E Dennis Galinato, P.E., Civil Engineer, Associate selected water distribution pipes, collection of pipe coupons, and visual inspection of wells and booster pumps. Mr. Galinato served as Project Manager on the Ontario 24 -Inch Water Line Project for the City of Ontario, Oregon. He oversaw the design of 3.5 miles of 24 -inch diameter waterline. The goal of this project was to develop bid documents to construct 3.5 miles of 24 -inch diameter waterline for the City. The new pipeline provides water to the City's existing water distribution system from a 3.0 MG reservoir. The waterline crosses the Malheur River and two irrigation canals. On the Meridian Well 20 Expansion Project for the City of Meridian, Idaho, Mr. Galinato was responsible for overall project management, pump and pipe design, and site layout/grading. The new well pump (Well 20B) and pump house was an addition to the existing Well 20 pumping facility. The vertical turbine pump provides a maximum flow of 2,250 gpm directly to the City's water distribution system. Mr. Galinato was Project Manager on the Issaquah Highlands North Sewage Pump Station Project for the Port Blakely Communities in Issaquah, Washington. He managed the final design phase and services during construction. The duplex pump station (designed for 200- gpm peak flow), has a backup generator fueled with 100 percent biodiesel. Mr. Galinato coordinated civil, mechanical, electrical, and structural engineering and architectural design issues. As a Staff Engineer for the Lake Stevens WD#3 Improvements in Snohomish County, Washington, Mr. Galinato performed field investigations and Stormwater Watershed Management Modeling (SWMM) to verify type of flooding, location of flooding, and to develop potential solutions. The investigation and modeling revealed that the flooding previously identified was minor road flooding. However, significant flooding was predicted in an area not identified by the previous model and recommendations were made to solve that problem. The proposed project was projected to cost the County less then half of the original project ($89,000 compared to $250,000) while addressing more significant flooding problems. A Drainage Needs Report, previously developed for Snohomish County, identified flooding and a CIP project solution to address the flooding 96th Drive SE, located on the west side of Lake Stevens. On the North Creek Drainage Needs Report (DNR) for Snohomish County; Snohomish County, Washington, Mr. Galinato worked as a Staff Engineer and assisted in the development of hydraulic models, using HEC -RAS, SWMM, and KCBW programs to analyze conveyance capacity in stream reaches, roadside ditches, and closed conduit drainage systems. He also developed CIP projects and cost estimates. The DNR focused on quantitative flooding analyses and the conceptual design of improvements to reduce flooding. This included HSPF modeling, HEC -RAS, and SWMM for the most intensively developed areas, with input data derived directly from the County's existing GIS. GIS was used extensively to develop HSPF, SWMM, and HEC -RAS model inputs for the hundreds of systems and flood reduction projects that were analyzed. City of Meridian Murray, Smith & Associates, Inc. Engineering Services May 2007 Engineers/Planners 3 - 7 City of Meridian May 2007 0 0 SECTION 4 EXAMPLES OF WORK — WATER EXPERIENCE City of Everett, Washington Transmission Main Improvement MSA is assisting the City of Everett with improvements to its regional water transmission system at a site where a 96 -inch diameter steel penstock pipeline and three 51 -inch diameter steel pipelines are connected through a series of three 36 -inch diameter steel pipelines. The site is located in a remote area of the City's watershed making it vulnerable to trespass, vandalism and sabotage. Several structures located above the pipelines will be removed and replaced with below grade structures that will provide a much greater level of security. Large air -relief valves and isolation valves will be replaced and most of the above -grade piping will be covered with soil to make the water infrastructure almost unnoticeable. An existing building that houses a control valve and telemetry and control equipment will be replaced with a new, partially buried, secure structure being designed by MSA. Advanced security improvements are being designed to enable the City to monitor the site in real-time and to be immediately notified of potential intruders. MSA will also conduct a coating assessment of the existing pipelines and provide coating design and specificationsfor both above -grade and buried pipelines. Contact. Carl Baird; (425) 257-8852` Project Manager TIC TANK Tank Industry Consultants, Inc. bmumw City of Everett, Casino Tanks Replacement & Pump StationT ANn MSA has completed final design work far anew 2 MG composite water tank to replace an existing standpipe reservoir, along with an accommodation for a second composite tank to be built at a later date. The design included the following: 200 feet of 36 and 42 -inch diameter cement mortar lined steel pipe, 24 -inch bypass pipe and control valves, tank isolation valve vaults, meter vaults, tank connections, 36 -inch overflow piping and drains, dechlorination system, access roads, storm drainage, detention facilities, and 8 and 20 -inch DIP water main relocations. In addition, MSA was responsible for the upgrade of the pump station that includes the replacement of the existing pumps with four 200 hp 6,000 gpm pumps to facilitate the increased static head of the new tank(s). The pump station upgrade will also accommodate two additional 200 hp pumps for future growth. MSA was responsible for the SEPA checklist, Master Use Permit, and construction sequencing plan. Cascade Water Alliance Short-term Supply Evaluation Contact. James Ozanne; (425) 257-8800 Project Manager CAS DE WATER Al.l 1ANCE MSA is assisting the Cascade Water Alliance with identifying short-term water supply options to serve its eight member regional water system until a planned future water source is available in four to six years. The existing interim water source is purchased from a wholesale supplier and carries multi-million dollar penalties for usage in excess of established contractual quantities. MSA has identified over 30 short-term supply options and is evaluating each to provide a recommended strategy to meet the growing water demands of the member systems without incurring penalties. An enormous amount of water system data was collected and reviewed to provide a sound understanding of the hydraulic characteristics of all member water systems, including adjacent water systems where interties and water wheeling options were evaluated. Several meetings were held with member agencies and neighboring agencies to discuss the supply options and assess the physical, operational and political issues surrounding each option. MSA developed criteria and a weighted ranking system that is being used to evaluate, select and prioritize short-term water supply options. This is a fast-track project with a six month schedule to enable implementation ofMSAs recommended supply strategy before the next peak water demand season arrives. --[ Contact: Dennis Fields; (425) 453-1555 Engineering Projects Manager' MURRAY, SMITH & ASSOCIATES, INC. Engineering Services Engineers/Planners 4 - 1 City of Meridian May 2007 0 i EXAMPLES OF WORK — WATER EXPERIENCE (Cont.) City of Duvall, Washington Water System Modeling and Analyses City of Duvall The City of Duvall is experiencing rapid growth with multiple annexations underway. MSA assisted the City in evaluating the water system and the impacts from the annexations to ensure sufficient water system capacity and infrastructure is in place to serve the growing community. Starting with an outdated hydraulic model of the water system, MSA updated the model with current water demands and water system improvements from prior years. Hydraulic analyses were performed throughout the annexation and planned growth areas to identiexisting system fare flow capabilities and service pressures, pressure zone boundaries, and water system improvements necessary to serve future customers in these areas. MSA tabulated the results of the analyses, updated the City's Capital Improvement Program, and provided recommendations for phasing and implementation of the water system improvements. MSA developed project cost estimates for the improvements that enabled the City to establish water rates and connection charges that sufficiently recovered the cost to provide water service to the growth areas. Contact. Steve Leniszewski, P.E.; (425) 788-3434 Public Works Director City of Arlington, Washington l2 inch Water Main and Flow Control Supply Station +ac MSA is assisting the City of Arlington with the design of a direct water supply from the Snohomish County PUD regional water system, eliminating sole reliance on the City's existing wells and pump station and providing increased ffrejlow to the service zone. The project consists of installing approximately 4, 400 feet of 12 -inch ductile iron water main and a flow control supply station. The project includes a directional drilled crossing under a fish bearing creek and work adjacent to environmentally sensitive areas. This is a fast-trackproject with design, permitting and construction within one year. Contact. James Kelly, P.E.; (360) 403-3505 Operations Manager Woodinville Water District, Washington Reservoir Seismic Valve Upgrade MSA assisted Woodinville Water District with seismic retrofits to four existing reservoir sites to prevent uncontrolled loss of water after an earthquake. This work includes completing a needs analysis and recommending speck improvements for each reservoir site. Recommended improvements include the installation of automated seismic valves, seismic sensors, and flexible expansion joints. In addition to seismic upgrades, other system enhancements and maintenance improvements are being made including the rehabilitation and reconstruction of control valve vaults and modifications to pump station control valves. Contact. Ken McDowell; (425) 487-4104 Engineering Services Supervisor MURRAY, SMITH & ASSOCIATES, INC. Engineering Services Engineers/Planners 4-2 0 0 EXAMPLES OF WORK — WATER EXPERIENCE (Cont.) Shoreline Water District. Washington s Reservoir Circulation Improvements at�r atatnct Shoreline Water District has faced ongoing challenges in maintaining adequate water quality in one of its largest storage facilities, a 2.0 MG concrete reservoir. The District has been unable to maintain adequate chlorine residual in the reservoir due to its remote location and long single inlet/outlet piping, low water system demands, and operation constraints. The reservoir has been operated at a significantly lower level as a temporary solution to the water quality problem. MSA is assisting the District with design of circulation improvements that will provide mixing of water in the reservoir and increased chlorine residuals. The improvements solution recommended by MSA will allow the District to construct the improvements without impacting the structure of the reservoir and the existing site, which is surrounded by several nearby residents. MSA is also developing a program of operation and control improvements for the facilities that supply the reservoir. Once the improvements are completed, the District will be able to operate the reservoir at a much higher level, thereby providing more usable storage to the system. Contact: Stu Turner, P.E.; (206) 362-8100 General Manager City of Marysville, Washington 45 Road Water Transmission Line Replacement MSA is assisting the City of Marysville with the replacement of their existing 12 -inch asbestos cement transmission main from the City's Edward Springs source. The Project consists of installing approximately 10, 000 feet of 18 -inch ductile iron water main, transferring existing services and connections to the new main and abandoning the existing.12-inch main. The project includes a crossing under a fish bearing creek and work adjacent to environmentally sensitive areas. Utility coordination to idents and avoid conflicts with existing utilities and to plan for future sewer extension in the area was also performed as part of this project. Contact: David Zull; (360) 363-8282 Project Manager, City of Marysville Bureau of Water Works, City of Portland, Oregon Various Projects Facilities Planning/Design/Construction Managemenffield Engineering • Regional Water Supply Planning • Steel & Concrete Reservoirs Design & Permitting (Forest Park "High " Tank; Forest Park "Low" Tank, Whitwood Reservoir, Reservoir No. 4 Replacement Evaluation) • Stephensen Pump Station• Bridge Crossings • Cathodic Protection Systems • Open Reservoir Study • Water Distribution & Large Diameter Transmission Piping (12", 24", 36', 42') Contact: Stan VandeBergh; (503) 823-7476 BWW, Principal Engineer City of Meridian MURRAY, SMITH & ASSOCIATES, INC. Engineering Services May 2007 Engineers/Planners 4-3 0 . SECTION 4 EXAMPLES OF WORK — WASTEWATER EXPERIENCE City of Everett, Washington Sewer System Capacity Improvements "8" (Central City Interceptor Sewer and Lift Station) OL The City of Everett retained MSA to complete an evaluation and preliminary design of improvements to the City's Central interceptor system. Additional capacity was recommended in the City's 2006 Comprehensive Sewer Plan for an approximate 2 -mile section of the interceptor located on 3rd Avenue SE, Everett Mall Way SE, and West Mall Drive. The Comprehensive Plan recommended providing the additional capacity by paralleling the existing sewer with a new sewer. MSA is working with the City to evaluate alternatives to increase capacity of the system that include the parallel sewer option as well as alternative sewer alignments, basin reconfiguration, and pumping systems. Upon completion of the alternatives evaluation, the City will select a preferred alternative to be carried forward to preliminary design. Contacts Dave Voigt; (425): Project Manager City of Marysville, Washington U 6 ite West Marysville Sewage Pump Station Rehabilitation MSA is currently assisting the City of Marysville with planning and design of a rehabilitation program for the West Marysville Sewage Pump Station, a dry pit -wet well station located west of the City on the Tulalip Reservation on the bank of Sturgeon Creek. The existing equipment in the pump station is antiquated and the station's electrical and controls equipment do not comply with the City's current pump station standards. In addition, entry to the &ywell is dicult and must be performed in accordance with confined space requirements. The project includes the conversion of two existing 12 foot wet wells, one to accommodate submersible sewage pumps and the other to house new valving and metering equipment. A bypass pumping connection and an air release valve unit will also be provided as part of the project. All electrical equipment, controls, telemetry and lighting equipment will be replaced to meet current code and City standards. Contact. David Zull; (425) 363-8282 Project Manager City of Vancouver, Washington Cathodic Protection of Sewage Lift Stations I MSA assisted the City of Vancouver with evaluation of corrosion and stray current issues at seven sewage lift stations. Impressed current cathodic protection systems with anode and electrode wells were designed for each station to protect and extend the service life of the package metal drywells, piping and other metal components. Services included evaluations, final designs, procurement assistance, construction management, startup and adjusting of the impressed current systems at each station. Contact: Mark Eccleston; (360) 696-8178 Public Works Supervisor Sewer Division; City of Meridian MURRAY, SMITH & ASSOCIATES, INC. May 2007 Engineers/Planners Engineering Services 4-4 City of Meridian May 2007 0 EXAMPLES OF WORK — WASTEWATER EXPERIENCE (Cont.) City of Arlington, Washington Lift Station No. 3 and Lift Station No. 11 MSA is currently assisting the City of Arlington with the evaluation of two sewage lift stations. Lift Station No. 3 is a wet pit/dry pit type station located at the Arlington Transfer Station. Lift Station No. 11 is a submersible type station located near the intersection of SR 530 and I-5. The purpose of the evaluation work is to identify deficiencies, evaluate alternative improvement options, and recommend an improvement program along with cost estimates at both stations. Known deficiencies include hydrogen suede damage to the wet wells, electrical and control system concerns, lack of standby power in one station, potential for flooding at one station, lack of flow metering, and other miscellaneous items. An inspection report will be prepared. Upon adoption of the recommended program by the City, MSA will proceed with design and construction phase services. Contact. James Kelly, P.E.; (360) 403-3505 Project Manager City of Aberdeen, Washington Utilities Extension for the Stafford Creek Corrections Center • Facilities Planning/Design/Construction Management/Field Engineering/ Program Management • Water System Modeling • Water Distribution & Transmission Design • Water Pump Station Design • Water Transmission Pipelines • Gravity Sewers/Force Mains/Pump Stations Design • Rechlorination System Improvements • Emergency Sewage Storage Tank • Creek & Wetland Crossings • Permitting (federal, state, local land use & environmental) •Natural Gas Pipeline Design • I&C Improvements Contact. Jim Robertson; (360) 482-3315 Former Director of Public Works Mason County. Washington Belfair/Lower Hood Canal Water Reclamation Facility Plan MSA is assisting Mason County with sewer system planning in the Belfair region through updating the Belfair/Lower Hood Canal Water Reclamation Facility Plan. Revised population projections and a larger service area resulted in a significant increase in the service area population and associated wastewater flows, raising concerns that previous planning conclusions were no longer valid. The Facility Plan Update considered the larger service area and reviewed the alternatives for wastewater collection, treatment, and reuse. The work also included developing financing strategies, conducting an income survey and hosting a series of public meetings. MSA continues to assist the County with implementing the facility plan. Contact. Tom Moore; (360) 427-9670 Deputy Director, Dept. of Utilities & Waste Management MURRAY, SMITH & ASSOCIATES, INC. Engineering Services Engineers/Planners 4-5 City of Meridian May 2007 EXAMPLES OF WORK — WASTEWATER EXPERIENCE (Cont.) Bureau of Environmental Services, City of Portland, Oregon Sellwood Unit 3 Garthwick Sewer Replacement The Garthwick Combined Sewer Project upgrades and reroutes existing combined sewers to significantly reduce the frequency of combined sewer overflows to the Willamette River and to reduce flows to an existing pump station. The project consists of approximately 5,600 linear feet of 12 -inch through 32 -inch diameter HDPE sewer piping, existing storm drainage inlet replacement and connections to existing laterals. The Project is complicated by design of storage piping, a flow control manhole, a bored and jacked railroad crossing and modifications to an existing combined sewer overflow diversion manhole. Special pipe bursting technology was employed through a section of confined corridor. Contact: John Houle; (503) 823-7216 Supervising Engineer Clean Water Services, Oregon Various Projects :rr Clean%ter Services Cpm cam�iL¢ns¢C �x Ilene, • Designs for new sewage pump stations and upgrades to existing pump stations • Development of pump station design standards • Plan reviews • Projects include: Lenox Sewage Pump Station, upgrades to the Sherwood Sewage Pump Station, upgrades to the Hillsboro Wastewater Treatment Plant Influent Pump Station, Wastewater Facilities Plan and Gaston Sewage Pump Station and Force Main (extending to Forest Grove) Contact: Scott Woodbury; (503) 547-8180 Engineering Project Manager n City of Beaverton, Oregon South Central Beaverton Utility Improvements - Phase II Sanitary Sewer Assessment and design for 4,600 L.F. of sanitary sewer improvements and 3,500 L.F. of storm sewer improvements as part of the City's comprehensive South Central Beaverton Utility and Roadway Improvements, Phase 2. This fast-track project requiring extensive coordination and accelerated design engineering to facilitate project completion prior to the opening of the new City library. Contact: David Winship; (503) 526-2434. City Utilities Engineer City of Wood Village. Oregon Various Projects Yi:Ue� g • Sewage Transmission Study/Sewer Route Study/Pre-design Report/Design Trunk sewer to the Gresham Wastewater Treatment Plant • Evaluated alternatives for transmitting sewage to various regional treatment facilities including various pumping and gravity scenarios. Design of the transmission line includes 7,500 linear feet of 18 and 27 -inch diameter gravity sewer upgrades, a bored and cased railroad crossing, permitting with multiple jurisdictions, sanitaryflow metering and related telemetry and connection to the existing Wastewater Treatment Plant. Contact: Carl Malone; (503) 667-6211 Public Works Director MURRAY, SMITH & ASSOCIATES, INC. Engineering Services Engineers/Planners 4-6 • SECTION 4 EXAMPLES OF WORK - MISCELLANEOUS PROJECTS City of Burlington, Washington (Perteet, Inc.) North Regional Stormwater Lift Station & Force Main __ tOtl In association with Perteet, Inc., MSA is designing a stormwater conveyance system for the City of Burlington, Washington. The project consists of pumping stormwater from a proposed detention pond in North Burlington to the City's existing Spruce Street Truck System. MSA's prime responsibility is the design of a 20 cubic feet per second (cfs) pump station, complete with wet well, controls, standby generator, and associated site piping, and 3,500 linear feet of 24 -inch force main. In addition, MSA prepared permit applications for two railroad crossing and is coordinating the proposed work with future City improvements. Contact. Kurt Ahrensfeld; (425) 252-7700 Senior Project Manager �N DEPgRl Oregon Department of Transportation Newberg Subsurface Utility Engineering n z Pacific Highway West (HWY 99W) Final design of the storm sewer system for the Oregon Department of Transportation's (ODOT's) Pacific Highway West (HWY 99W) in Newberg, Oregon. The storm design required close coordination with ODOT, the City of Newberg and other utilities. The project included 6,700 meters of storm sewer piping ranging in size from 300 mm to 1200 mm in diameter and including a bored railroad crossing. MSA conducted hydrologic and hydraulic modeling of the existing and proposed systems. Contact. Guy Johnson; (503) 986-2865 Project Leader City of Everett, Washington North Creek Low Flow Augmentation Project OL Development in the North Creek Basin in the City of Everett resulted in very low stream flows during the summer months. MSA is assisting the City in a multi phased project to augment North Creek flows during low flow periods. The project consisted of developing shallow wells and pumping groundwater from the unconflned aquifer to the stream channel. The project included an air injection system to increase the dissolved oxygen content prior to discharge to the stream to levels that are suitable for aquatic life. MSA has provided design and construction services for the flrst two phases of the project, Phase I consists of a well that augments stream flow at a rate of 60 GPM and Phase 2, completed 2005, includes development of an additional well that produces 300 GPM. Phase 3 is currently under design. City of King City, Oregon City Engineer & General Engineering Contact: Heather Griffin; (425) 257-7206 Project Manager KING CITY • City Engineer • Storm Drainage Master Planning • Street Planning • Plan and Development Reviews • Storm Drainage System Design • Street Improvement Design • Interagency Facilities Coordination • Grant Assistance Contact: Jane Turner; (503) 639-4082 City Manager City of Meridian MURRAY, SMITH & ASSOCIATES, INC. Engineering Services May 2007 Engineers/Planners 4-7 im City of Meridian May 2007 EXAMPLES OF WORK - MISCELLANEOUS PROJECTS (Cont.) Bureau of Environmental Services. City of Portland Oregon Various Engineering Services (Stormwater/CSO) Sellwood Unit 3 Garthwick Sewer Replacement Combined Sewer Separation CSO Project: 5,600 L.F. of 12 -inch to 32 -inch diameter HDPE sewer piping, storm drainage inlet replacement and connections to existing laterals. Design of storage piping, a flow control manhole, a bored and jacked railroad crossing and modifications to an existing CSO diversion.. Pipe bursting technology was used in a section of confined corridor. Ladd's Addition Combined Sewer Reconstruction: 3,000 feet of combined sewer ranging from 36 -inch to 42 -inch diameter installed in narrow alleyways with utility conflicts. Contact: John Houle; (503) 823-721`6 Supervising Engineer U.S. Fish & Wildlife Service (GeoEngineers, Inc.) Lower Klamath and Tule Take National Wildlife Refuges - Distribution and Drainage System Assessment This project included water supply, distribution and drainage system inventory and analysis as part of comprehensive water resource management planning for USFWS' 45,000 acre refuge. 350 hydraulic structures were investigated and surveyed using Trimble® GPS system and airborne Light Detection And Ranging (LiDAR) technology. Water system modeling was conducted City of St. Helens, Oregon Storm water Master Plan Update ring XPSWMM software. Contact: Steve Bruce; (503) 624-9274 Geolingineers, Inc., Project Manager Gary Blefgen; (503) 231-6142 USFWS, Civil Engineer Comprehensive Stormwater Master Plan Update for the City of St. Helens. This planning for a community of 8,300 population includes an assessment of stormwater quality issues, construction/design standards and current funding capabilities. Hydraulic/Hydrologic analysis was completed using GIS mapping and Hydra Graphic software. Work includes a review of current City drainage planning and design standards and the development of recommendations regarding special requirements for new development. Contact: Tim Homann; (503) 397-6272' Engineering Manager Clackamas Community College Oregon City, Oregon i-4 CL40 A W g g A COMMUNITY COL1606 Campus Storm Drainage System Analysis Communication Arts Center Design Completed comprehensive analysis of CCUs land use permitting for the college's $48 million Bond Projects improvements. Analysis included both on-site and downstream storm drainage systems within two sensitive drainage basins. Alternatives and recommendations were developed for water quality protection and enhancement. Also completed design of storm drainage facilities for the new Communication Arts Center project, including stormwater detention facilities, underground filtration systems and conveyance facilities. Contact. Kirk Pearson; (503) 657-6958, Ext. 5069 Director, Campus Services MURRAY, SMITH & ASSOCIATES, INC. Engineering Services Engineers/Planners 4-8 • SECTION 5 PROJECT APPROACH General At Murray, Smith & Associates, Inc. (MSA), we constantly work to understand our client's fundamental values. We know that civil engineering is a people business. We know that our clients have choices about whom they hire. We work very hard in all of our personal interactions and our firm's conduct to be the type of people and organization that our clients want to work with. Our basic goal is very simple... satisfied clients! We do this by: • Understanding our client needs and delivering on those needs. • Providing prompt, efficient, responsive service through competent, energetic, courteous, and professional staff. • Delivering high quality work products that look good and are easy to understand. • Understanding that communication is more listening than talking. • Religiously honoring commitments on cost, deliverables, and schedules. MSA's lead project management team includes three key individuals: Craig Anderson, David Stangel and Dennis Galinato. All three of these individuals have managed and delivered projects for the City in the past. Depending on the project, these individuals will play different roles. Craig, David and Dennis also have the ability to leverage the significant resources of the greater MSA organization to ensure senior review, and on time, quality delivery. These individuals place high value on the people side of the engineering business, and are effective project managers. Craig, David and Dennis offer a diverse skill set which matches up well with the City's water, wastewater, stormwater and miscellaneous engineering needs. Craig has significant experience with wastewater and water treatment design as well as pipe, reservoir and pump station work. David is a regional resource for master planning and hydraulic modeling as well as expertise in the integration of GIS data. Dennis has a strong conveyance background having managed and delivered many pipeline, well, lift station, and pump station designs. This team is focused on delivering quality projects and continuing their already significant history of support for the City. The growth that the City has experienced in recent years is expected to continue and our team is committed to supporting the City by acting as an extension of staff to proactively help address issues before they become problems. Project Management Philosophy -- MSA's basic project management philosophy is to deliver projects on time and within budget, noting that the budget is our responsibility, not our client's, when we have committed to a particular work program for a given fee. We work hard to work smart, making sure that we are spending our greatest energies on the most important aspects of the job. We make sure that we are keeping broad project goals in mind City of Meridian MURRAY, SMITH & ASSOCIATES, INC. Engineering Services May 2007 Engineers/Planners 5 - 1 as we complete fine project details. We strive to define all aspects of the project, considering project and cost impacts beyond the apparent. We work hard to identify approaches, concepts, and designs that meet project objectives (short and long-term) at the least cost. We know that the art to success is through simplicity. We work hard to instill a great sense of pride and responsibility at all levels in our project team and make sure that we share project success with everyone involved in the effort. Successful management of a public works project is based on careful planning and organizing which begins at project start-up and carries through to construction completion. Project Management Approach Management Plan -- As an important first step for a successful management plan, MSA establishes a detailed work plan, a schedule with milestones and key dates, and a budget by work task. These documents are based on a thorough understanding of the Project. We take the time upfront to meet with City staff, review record documents and contact stakeholders to develop this understanding. The client and all team members receive a copy of these documents plus any updates due to changes during the course of the project. These three documents are used by MSA to monitor progress, schedule meetings and submittal due dates and requests for payments. The plan also includes items such as project organization, liaison procedures with the Owner, reporting, accounting and record keeping procedures, and quality assurance and quality control. Quality Management Session (QAV — A QM session is held at the start of the project. This session provides for an initial meeting of all key members of the project team including subconsultants and Client staff. The purpose of the QM session is to present the Management Plan, build commitment and purpose in the project team, and establish a mission statement that defines the project. The outcome of the QM session is a clear definition of the project objectives, critical success factors, and a commitment to these success factors and project activities. The QM session helps to mold and focus the project team into an efficient, effective and dedicated team. Staff and Subconsultant Management -- MSA's project manager conducts management of the project staff and subconsultants. Periodic internal project reviews are conducted to confirm that the project is following the project Management Plan. MSA maintains contact with its subconsultants through telephone and email communications as well as through personal contacts and meetings in the field or office. The frequency is dictated by the requirements and complexities of each specific project, but MSA maintains at least weekly, if not daily, contact with each subconsultant when they are actively involved in any given phase of a project. MSA requires all subconsultants to execute a written contract with our firm, which includes the agreement between the client and MSA and elements of the Management Plan. Staff Allocation and Availability -- MSA has a detailed backlog and project scheduling system). This system is utilized to schedule our staff and manage our projects. The backlog system tracks contracted backlog and provides allowances for potential anticipated work. City of Meridian MURRAY, SMITH & ASSOCIATES, INC. Engineering Services May 2007 Engineers/Planners 5-2 0 0 The firm's backlog is then spread over time resulting in an estimated monthly backlog projected into the future at least for 12 months. Staffing levels are guided by the actual and anticipated backlog of work and the schedule on which that work must be accomplished. The management systems and techniques described above allow MSA to fully commit to meeting tight project schedules with confidence. Our team's recent successful performance on many "fast track" projects, many involving interfacing and coordinating with tight project timelines, demonstrates our ability to meet schedules. Project Tracking Project Cost Control — The key to project cost control is starting out with a thorough understanding of the project and the client's project goals. This understanding, along with detailed project information, will be used to develop a detailed scope of work that will be the basis of our fee estimate. Once the project budget is established, the project is monitored monthly. Actual expenses are compared to the budget and actual progress is compared to the project schedule. MSA submits a status report on these comparisons to the client as part of the monthly invoice. These comparisons are reviewed by the project manager and indicate if the team needs to adjust its work to perform on time and within budget. Any budget or schedule adjustments required by changes in scope are discussed and authorized by the client prior to proceeding with the work. In this way, we avoid the potential costly and embarrassing situation of "scope creep". Scheduling Software — MSA has utilized MS Project scheduling software since 1996. We have used this software as an integral part of practically every one of the hundreds of projects that we have completed since that time. It is one of the initial steps we use when developing a scope of work and is then used through the life of the project to help achieve the milestones and submittal dates that we have committed to. The project progress is reviewed on a monthly basis by the project manager to ensure conformity to the overall project schedule and work allocation. Communications ProjectMeelings — MSA plans to meet as frequently as necessary with the City throughout the course of project work to report on the status of the project, discuss relevant issues and present interim findings and conclusions. The frequency of meetings is established during the development of the scope of work and adjusted as necessary to accommodate variations in the work program and project needs. Agenda items and materials are distributed in advance of meetings so that the meetings will be as efficient and productive as possible. MSA distributes minutes after each meeting (if necessary) and conducts necessary follow-up activities. City of Meridian MURRAY, SMITH & ASSOCIATES, INC. Engineering Services May 2007 Engineers/Planners 5-3 0 0 Liaison and Communications with Client and Stakeholders -- MSA makes extensive use of telephone and email communications to keep team members apprised of project developments. Technical memoranda are prepared for all major decision points in the project where approval of a work task or job element requires client review and approval prior to the continuation of further work. Clear, concise documentation allows decisions to be made quickly and provides for documented agreement on the future direction of the project. All communications (by telephone, and in meetings) in which significant project information is exchanged are documented. A master communication file is maintained. No information is disseminated to third parties without prior approval of the client. Quality Assurance/Quality Control MSA achieves a high quality work product by involvement of experienced principals in all of the firm's projects. The firm is a private corporation owned by the principals of the firm who also must be full time employees of the firm. The firm is managed by its seven principals who are each responsible for certain aspects of the business operation. All of the firm's principals are practicing engineers and all are extensively involved in project management and day-to-day engineering work. As a matter of policy, a principal must be involved in every project regardless of size. We believe that this high level of attention to each project by a senior principal engineer has been one of the major keys to the firm's success and growth. This involvement continues throughout the project. The responsible principal conducts periodic internal reviews to ensure that the project is being executed to the highest quality level. Documentation of our work is very important. This is achieved by use of technical memoranda, meeting minutes, telephone records, design calculation files, and other written documentation of our work. This information is forwarded to our clients to ensure they are apprised of the project activities and status at all times. MSA reviews and critiques all work products submitted by its subconsultants prior to incorporating these into our work products. Our reputation and the quality of the final work products are directly dependent on the caliber of information we receive from our teaming partners. As such, we have very carefully selected our team to be composed of the highest level of professionals available in their respective areas of expertise. Additionally, we have had the benefit of years of experience with most members of our team to demonstrate our collective commitment to the out -put of the highest quality work products combined with excellent service. City of Meridian MURRAY, SMITH & ASSOCIATES, INC. Engineering Services May 2007 Engineers/Planners 5-4 0 0 SECTION 6 OTHER - REFERENCES Murray, Smith & Associates, Inc. (MSA) is proud of the reputation which we have built since the firm's founding in 1980. The following client representatives are familiar with our firm's work through current or past projects. We encourage you to contact any or all of these individuals. Contact/Position Agency Phone Number Joseph Armstrong Mountain Home Air Force Base, 208-828-3914 Project Manager Mountain, Home, Idaho Jackie Fields City of Twin Falls, 208-735-7273 Ci!y Engineer Twin Fall, Idaho Patrick Yamashita City of Mercer Island, 206-236-3620 City Engineer Mercer Island, Washington Chris Peterschmidt City of Spokane, 509-625-7803 Director of Engineering Spokane, Washington Souheil Nasr City of Everett, 425-257-7210 Project Manager Everett, Washington Chris Kirk Tamarack Resort, 208-325-1093 Director of Planning Donnelly, ID Bill Johnson City of Boise, 208-388-4767 Assitant City Engineer Boise, Idaho Steve Gaschler City of Ontario, 541-881-3231 Public Works Director Ontario, Oregon Ben Giddings City of Issaquah, 206-624-5810 VP of Construction & Engineering Issaquah, Washington Nate Cullen Clean Water Services, 503-547-8176 Engineering Division Manager Tigard, Oregon Joel Komarek City of Lake Oswego, 503-697-6588 City Engineer Lake Oswego, Oregon Jim Montgomery City of Gresham, Wastewater 503-618-2437 Senior Engineer Services Division, Gresham, Oregon Ed Wegner City of Tigard, 503-325-8611 Former Director of Public Works Tigard, Oregon Eugene Thomas City of Sherwood, 503-625-2303 City Engineer Sherwood, Oregon Tom Pokorny Powell Valley Road Water District, 503-266-3188 Former General Manager Portland, Oregon Bob Cochran City of Fairview, 503-674-6235 City Engineer/Public Works Dir. Fairview, Oregon Joe Rutledge Tualatin Valley Irrigation District, 503-357-3118 District Manager Forest Grove, Oregon James Kelly City of Arlington, 360-403-3505 Utilities Manager Arlin on, Washin on Mr. Dave Voigt City of Everett 425-257-8583 Senior Engineer Public Works Department City of Meridian MURRAY, SMITH & ASSOCIATES, INC. Engineering Services May 2007 Engineers/Planners 6-1 960 Broadway Avenue, Suite 500-5008 Boise, Idaho 83706 www.msa-ep.com U A O a N m y 7 O c C la U r C al a) 0 0 E E S' �, E E E Q Q c P _� a v L c Q E 9 C .�- W S S 2 �q T c 2 W ca CD c E �q E $ E� c c E 0 �y c E Q Si O �i O �° �° •� E E 8 >p7 E o y > r C > c a > w Q S« d1 :° >. x x j W E c E O L Q W C W > W x O W Q c cc r c c`� s cc E E sLa c c c cc c m E t 0 0 0 0 0 p- ppE�'u�=p C 0 s s o=p .75 S T 2 T 2 T S W (7 T 2 T 2 () >+ « S T 2 W W 0 U' W 0 S D. S T S (7 0 «� 0 (7 W a T :2 ca at LL a, ra m 3 a cc ca �c cu ca ca ca Y Y Y 4- E ca y d -cuca ca .o w ca ca i= O ca L. 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C W p �% W c c I 01 � H 16 a 3 O z y co ~ y O` W W 1° m Of m m t0 =« 0 E q z w c o s> m e�� 0 O .�. o >>$ x 10' w i� as 0 m �`o v 0 0 0 0 0 s x -� c o Y 0 Y m 2 2 i`c a r� d m � a W y N a 10- 12 1= a E June 1, 2007 • MERIDIAN CITY COUNCIL MEETING June 5, 2007 APPLICANT ITEM NO. 6-I REQUEST First Amendment to Agreement for Professional Services with Kay Frances Company AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY Sets aMadwd 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: Matarl * presented at pubec meow shah become properly of N» City of Meridian. FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES THIS FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES is made this `qday of � , 2007, and entered into by and between the City of Meridian, a municipal corporation organ®iAd under the laws of the State of Idaho, hereinafter referred to as "CITY," 33 East Idaho Avenue, Meridian, Idaho 83642, and Kay Frances Company, hereinafter referred to as "CONSULTANT," whose business address is 3645 Sanada Way, Boise, Idaho 83702. I. RECITALS WHEREAS, CITY and CONSULTANT entered into an Agreement for Professional Services, hereinafter referred to as "Agreement," which Agreement became effective on April 3, 2007; and WHEREAS, section E(1)(a) of such Agreement provides that CONSULTANT obtain a policy of professional liability/professional errors and omissions insurance in the amount of one million dollars ($1,000,000) aggregate; and WHEREAS, CONSULTANT has exercised due diligence in an attempt to obtain such insurance policy pursuant to section E(1)(a) of such Agreement but has been unsuccessful in such attempt because such a policy is not offered to underwrite the risks associated with the work performed by CONSULTANT; and WHEREAS, CITY and CONSULTANT agree that obtaining such insurance policy is a legal impossibility; and WHEREAS, CITY and CONSULTANT agree that alternative risk management measures will satisfy the objectives of the requirement that CONSULTANT maintain a policy of professional liability/professional errors and omissions insurance; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions contained in the Agreement and hereinafter, the parties agree as follows: H. ADMENDMENT OF SECTION E OF AGREEMENT Section E of the Agreement is hereby redacted and shall be replaced with the following provision: E. Indemnification and Insurance: FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES KAY FRANCES COMPANY PAGE 1 of 3 0 CONSULTANT shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONSULTANT, her servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONSULTANT shall maintain, and specifically agrees that she will maintain, throughout the term of this Agreement, Automobile Liability Insurance, in which CITY shall be named an additional insured in the minimum amount of one million dollars ($1,000,000) per incident or occurrence. 2. In lieu of professional liability/professional errors and omissions insurance, CONSULTANT shall provide to CITY, in accessible, digital form, any and all drafts of any and all documents, data, reports, and/or other materials completed or prepared pursuant to this Agreement, which shall include any and all such documents, data, reports, and/or materials partially or fully completed or prepared, and any and all such documents, data, reports, and/or materials in draft or final form. CONSULTANT shall furnish such CD or remote hard drive to Emily Kane, Deputy City Attorney, with the monthly statement of fees earned and costs incurred, as set forth in section B(2) of this Agreement. 3. CONSULTANT shall not be required by this Agreement to obtain Worker's Compensation Insurance because she is a sole practitioner; however, should CONSULTANT, in the course of work related to this Agreement, employ any person, CONSULTANT shall notify CITY and shall obtain Worker's Compensation Insurance in the statutory limits as required by law. 4. The limits of insurance enumerated herein shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONSULTANT covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, and/or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by CONSULTANT and/or CONSULTANT's officers, employs, agents, representatives and/or subcontractors and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property. 5. CONSULTANT shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONSULTANT's compliance with the requirements of this paragraph within at least ten (10) days prior of the effective date of this Agreement. FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES KAY FRANCES COMPANY PAGE 2 of 3 0 • 6. In the event the insurance minimums are changed, CONSULTANT shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be mailed by United States Mail to the City Purchasing Agent, 33 East Idaho Avenue, Meridian, Idaho 83642, and to the Meridian City Accounting Department, 33 East Idaho Avenue, Meridian, Idaho 83642. III. NO OTHER CHANGES All other provisions of the Agreement shall remain the same. IV. APPROVAL This First Amendment to Agreement for Professional Services shall be incorporated into the Agreement as though fully set forth therein, and shall become effective and binding upon approval by CITY. Dated this day of �% , 2007. CITY OF MERIDIAN Tammy de We/erd ayor ,,qq`°� O� E�'.`- Dated this o� q day of �n� 2007. CONSULTANT ay F ance Kay Frances Co. A est: G. BERG, Approved as to Content BY: Keith Valfts, 4Purchasm/gAgent Plit, L §E A L Y � Approved as to Form BY: Bill ary, City Attorney FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES KAY FRANCES COMPANY PAGE 3 of 3 • June 1, 2007 MERIDIAN CITY COUNCIL MEETING June 5, 2007 APPLICANT ITEM NO. 6-1 REQUEST Approval of Bid for Water and Sewer Improvements in Conjunction with the Intersection of Meridian and McMillan Roadway Project to Brighton Corp. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT. CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. i Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer AIX CC: File, Len Grady, Keith Watts Date. May 31, 2007 Re: Proposed Agenda Item for June 4 City Council Meeting r MAY 3 1 2007 0ity Of Yleridian City Clerk Office The Public Works Department respectfully requests the following item be placed on the June 4, 2007 City Council agenda, under Consent Agenda, for Council's consideration: Aaarovai of bid for Water and Sewer improvements in conjunction with the Intersection Meridian & McMillan Roadway Proiect The City of Meridian has a cooperative agreement with Brighton Corporation who received bids for this project. The bid amount for the water and sewer improvements for the overall project low bidder is $16,710. The engineer's estimate was $27,015. This work will be done as a part of Brighton's contract Recommended Council Action: The Public Works (Department recommends that City Council approves the bid of $16,710 for Water and Sewer Improvements In conjunction with the Intersection Meridian and McMillan Roadway Project and authorizes Engineering to go ahead with the project. Thank you for your consideration. Please contact me if you have any questions regarding this item. 0 Page 1 June 1, 2007 MERIDIAN CITY COUNCIL MEETING June 5, 2007 APPLICANT ITEM NO. 6-K REQUEST Contract Change Order for Adventure island Splash Pad Installation with Haemker General Contracting AGENCY COMMENTS CITY CLERK: Seo attached 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 pmmfed at publk meethw shall becomo properly of to CNy of Mardian. 0 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER • CHANGE ORDER NO. 1 PROJECT NO. DATE: 5-31-07 EFFECTIVE DATE: CONTRACTOR: HAEMKER GENERAL CONTRACTING PROJECT: ADVENTURE ISLAND SPLASH PAD INSTALLATION The Contractor Is hereby directed to make the following changes from the Contract Documents and Plans. Desciption: Add drinking fountain, plumb for future Water fall (handicap feature) install 2 light poles & misc. changes approved by the Parks Dept. Reason for Change Order: Additions in construction. Attachements: Invoice #HGC-1438 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $183,340.00 Original Contract Times: Sept. 2007 Net changes form previous Change Orders Net changes form previous Change Orders No._ to _ No._ to _ (calendar days) $0.00 N/A Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days) $183,340.00 Net Increase (decrease) of this Change Order. Net Increase (decrease) of this Change Order. (calendar days) $36,181.00 N/A Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $219,521.00 Sept. 2007 RECOMMENDED: (Construction Manager) AP� ED: ��iNG AGENT) By: '1iF ti i�tisss;srtrp,fie, By eithW tts �, ACCEPT (Contractor) ATTEST B By: City Clerk, Will Berg ,#. Orr R. e: �_ r�7 Date: 6—o ,S'� APPROCITY) - CITY COUNCIL APPROVA D�T m6c',;.� e By: Mayor Ta ri de Weerd Date: Date: !_ --a 0 June 1, 2007 MERIDIAN CITY COUNCIL MEETING June 5, 2407 APPLICANT ITEM NO. 6-L REQUEST Approve New Beer & Wine License for Ustick Chevron, 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: see attached Contacted: Date: Phone: Emailed Staff Initials: Matefts presented at puNle meetMys shaft beeome properly of the CNy of Mwkkm. 0 Meridian City Council June 5, 2007 Page 4 of 84 De Weerd: I'd also like to thank the parents and the family members of these young people. Usually they model what they -- the people that they live with and we appreciate you sharing your young adult with our community and we wish you success, both you and Drew. Good luck. Item 6: Consent Agenda: A. Tabled from May 22, 2007: Resolution No. -- : Adoption of Records Retention Schedule: Table to July 3, 2007 B. Approve Minutes of May 8, 2007 Pre -Council Meeting: C. Approve Minutes of May 15, 2007 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Approval: RZ 07- 002 Request for a Rezone of 0.628 of an acre from I -L to C -G zone for the Lynn Thomas Propertv by Lynn Thomas — north of East Franklin Road and east of Meridian Road: E. License Agreement with Nampa Meridian Irrigation District for Pathway Agreement for Spring Creek Subdivision: F. Cooperative Agreement with Brighton Corporation for Water Improvements in Coordination with Brighton Corporation Project Intersection Meridian Road and McMillan Road: G. Contract for the Storm Water Management Support with Brown and Caldwell, Inc. for $39,700.00: H. Amendment to Roster of Qualified Consultants for Engineering Services for Water, Wastewater and Miscellaneous Public Works Projects: I. First Amendment to Agreement for Professional Services with Kay Frances Company: J. Approval of Bid for Water and Sewer Improvements in Conjunction with the Intersection of Meridian and McMillan Roadway Project to Brighton Corporation: K. Contract Change Order for Adventure Island Sulash Pad Installation with Haemker General Contracting: L. Approve New Beer & Wine License for Ustick Chevron, LLC by Steve Eddy located at 770 West Ustjck Road: 0 0 Meridian City Council June 5, 2007 Page 5 of 84 De Weerd: Okay. Item No. 6 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Item A has been asked to be tabled to July 3rd, 2007. With that I move that we approve the rest of the Consent Agenda and for the Mayor to sign and the Clerk to attest. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda as amended. Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 7: Department Reports A. Mayor's Office 1. Appointments to the Parks and Recreation Commission: De Weerd: Okay. Item No. 7 under Department Reports. I'm very pleased, Council, to have in front of you appointments to the Parks and Recreation Commission of three individuals and I believe that I noted on their letters of interest and/or resumes when their terms would be -- what their terms are. First with Phillip Liddell and is Phillip here? Thank you for joining us. Phillip has a very interesting background in architecture and engineering -- in working for architectural and engineering firms and he's also been directly involved in helping design and manage the varsity basketball athletic field improvements at Eagle High School and so he -- he went through a very vigorous screening with myself and two of our parks and recreation commissioners and we are very pleased to bring his name forward to you. His term would expire in October of 2007 and I would anticipate, if we haven't totally overwhelmed him, that he will be brought back in front of you at that time. The second name I bring to you is Tom LeClaire. Tom, are you here tonight? There you are. Thank you for being here. And I'll ask each of you if you would like to share anything with the Council afterwards. So, Tom is a resident here in Meridian. He's also been a councilman and a planning and zoning commissioner up in my home town of Moscow. I was going to say Meridian, because I think this is my home town. But that's where I grew up. And he brings some -- some good perspective, as well as some great experience from another community and sharing some of the things that they did to promote and elevate their parks system. The third name I bring to you is Gary Shelley. And, Gary, are you here tonight? There you are. You know, I know your faces, but it seems like I know a number of faces in the June 1, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING June 5, 2007 APPLICANT Mayor's Office ITEM NO. 7-A-1 REQUEST Appointments to the Parks and Recreation Commission 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: Emalled: S" adtached Date. Phone: Staff Initials: Mofefk* presented of pubk moett w sWA baeome properly of f!m City of Morfdk m. /0,L Tom LeClaire 1923, Pratt Street Meridian, ID 83642 January 25, 2007 The Honorable Tammy de Weerd Mayor, City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 Dear Mayor de Weerd, mmsdadl Cyahoo.com (208) 898-0957 I would like to be appointed to the Meridian Planning and Zoning Commission. Meridian planning and zoning .commissioners need to have a solid understanding of the Idaho Land Use Act, Meridian zoning and development ordinances, and the pseudo - judicial responsibilities of implementing city policy regarding specific development proposals. I am such a person. I served on the Moscow Building Code Advisory Committee for 3 years, on the Moscow City Council for 4 years and was the City Council's liaison to the Moscow Planning and Zoning Commission for a year. These positions taught me the importance of street standards, land use planning, zoning, and other policies that affect our quality of life. I also gained a good understanding of planning and zoning jargon and of the public hearing process for cities in Idaho. I hope you will agree I am an effective trouble-shooter with the communications skills and experience to help you achieve your goals for Meridian. I look forward to discussing this opportunity with you soon. Sincerely, Tom LeClaire Enclosure Thomas Jay LeClaire 1923 E. Pratt St. Meridian, ID 83642 (208) 898-0957 home (208) 724-6571 cell mmsdadl@yahoo.com OBJECTIVE Implement good planning decisions based on sound planning policy as a member of the Meridian Planning and Zoning Commission PROFESSIONAL SIA (MARY Excellent communication skills and successful versatility highlight my sales, business management, and customer service career. EMPLOYMENT SUMMARY High Speed Internet Specialist Qwest, Boise October 2002 - present • Customers rate me in the top two percent of over 2,000 High -Speed Internet Technicians • Analyze customer call histories and recommend cost-saving process improvements • Resolve technical issues previous agents have failed to resolve • Convert fifteen angry, frustrated customers into loyal, happy customers every day Airport Relations Officer Boise Air Service, Boise 2000 —2004 • Resolved conflicts between Boise Air Service and Airport Commission staff • Coordinated promotional activities with the Boise Area Chamber of Commerce Order Manager 2000 —2002 ManpowerlVewlett-Packard, Boise • Resolved issues for escalated customers by fulfilling orders in a timely fashion for HP Escalation Managers Researcher 2000 Otter for Idaho campaign, Boise • Conducted opposition research for debate preparation and communication strategies E 5� Manager 1996 —2000 Deranleau's Appliance and T'V , Moscow • Responsible for store profit and loss • Managed nine employees • Led sales for three consecutive years in addition to managerial duties City Councilman 1996 —2000 Moscow, ID • Persuaded a liberal council to forego a 3% property tax increase for four consecutive budget cycles • Modified and repealed ordinances that made doing business in Moscow more expensive • Council Liaison to the Moscow Planning & Zoning Commission for one year Management Trainee DeranleauIsAppliance and Ti, Moscow 1993-1996 • Learned management skills while leading the sales team in performance and profitability for three consecutive years Government Affairs Chairman Moscow Chamber of Commerce 1993-1996 • Led an annual Chamber delegation to meet with state legislators and government officials including Governors Andrus and Batt Legislative Staff United Sues Senator Steve Symms, Washington, DC 1989-1993 • Major accomplishments included creation of the Symms National Recreational Trails Fund Act, creation of the National Center for Advanced Transportation Technology at the University of Idaho, and facilitating a National Academy of Science study of Boron Neutron Capture Therapy at the Idaho National Engineering Laboratory • Wrote over 14,000 pieces of on-time mail for Idaho constituents regarding agriculture, energy, and natural resources issues Assistant Clerk Idaho House of Representatives, Boise 1987-1988 • Accurately processed bills from introduction through committee assignment, recorded floor votes, transmitted bills to the Senate and transmitted bills to the governor • Proofread the official record of House proceedings prior to its publication President 1984 Associated Students of the University of Idaho, Moscow EDUCATION Bachelor of Science in Political Science, Minor in History, University of Idaho, 1987 • r 10-69 April 17, 2007 The Honorable Tammy de Weerd Mayor, City of Meridian Meridian City Hall 33 E. Idaho Ave. Meridian, ID 83642 Dear Mayor de Weerd: Recently I became aware of two vacancies on the volunteer advisory board for the Meridian Parks and Recreation Department. I would like to submit to you my request to serve on that advisory board. Attached please find my abbreviated resume and personal reference list for your consideration. I have worked for various architectural and engineering firms in California and Idaho for over twenty-five years as a project manager and production director on a variety of commercial, industrial, residential, and high tech facilities. My past experience with these projects from site selection to completion along with the interaction and coordination of all trades, contractors, clients, and city/county/state government approval agencies provides a solid background for serving on such an advisory board. More recently, 1 lead a volunteer project at Eagle High School as the project designer and manager, under the direction of coach Frank Wright, for their varsity baseball athletic field Improvements .which were completed in 2003. The master plan included the addition of a new food concessions building, an indoor baseball batting facility, design for future restrooms serving the baseball fields, as well as new underground utilities including water, sewer, and electrical improvements. All are completed and in use today with the exception of the restrooms. As a concerned citizen of Meridian, it would be a pleasure to serve on the advisory board and help contribute to the future growth, success, and management of the city's parks and recreation facilities. I look forward to your favorable reply and an opportunity to further discuss and meet with you personally at your convenience. Thank you for a moment of your valuable time. Respectfully, w. --,M1 CIA5000 Phillip Liddell 1287 N. Notel Creek Place Meridian, ID 83642 208.855.9674. Iiddellgsitestarner -W-, '4', W I � S� PHILLIP LIDDELL 1287 N. Notel Creek Place, Meridian, ID 83642 Phone: 208.855.9674 • Fax: 208.855.9674 • Email: liddell@sitestar.net OBJECTIVE To serve on the volunteer advisory board of the Parks and Recreation Department for the City of Meridian AFFILIATIONS & Former Associate Member, American Institute of Architects CERTIFICATES ICBG Continuing Education Certificate Courses ICBO CE Certificate 2000 18CNonstructuraiProt4sions, 1999 ICBO CE Certificate 1997 UBCNonstructurai Update, 1998 RELATED SKILLS Project management and scheduling; quantifying and compiling project/client needs; government agency interaction including plan approvals and securing permits; construction document coordination; specification development; client/contractor liaison; budgeting; code review; site selection assistance. EXPERIENCE POWER Engineers, Boise, ID, 1995-2002 • Architectural project manager and designer • Code analysis and construction document and specification preparation • Client, contractor, consultant, and vendor coordination • Interaction with government agencies and authorities having jurisdiction • Budgeting, scheduling, and permit processing • Change orders, submittal review, construction observation and administration • Clients representative for construction meetings Architectural Production Support Services, Carlsbad, CA, 1990-1995 • Senior architectural designer. Oversee the preparation of architectural, structural, and landscape plans and documents for residential subdivisions and commercial/industrial business parks • Coordinate discipline drawings and secure building permits and approvals • Make project presentations before city planning and zoning departments Ware Malcomb Architects, San Diego, CA, 1985-1990 • Director of production and projectjob captain • Develop and prepare prototype plans for upscale EI Torito mexican restaurants, tailor for site specific locations throughout the U.S. • Prepare plans for low and mid -rise office buildings and commercial/industrial business parks of various types of construction • Worked closely with government agencies during the conceptual design and permit approval processes PHILLIP LIDDELL 1287 N. Notel Creek Place, Meridian, ID 83642 Phone: 208.855.9674 • Fax: 208.855.9674 • Email: liddell@sitestar.net Richard Kizer, Architect, AIA Project Manager Lionakis Beaumont Design Group, Inc. 1919 Nineteenth Street Sacramento, CA 95814 916.558.1900 richard.kizer@Ibdg.com Tim Mason Idaho Statewide Facilities Manager Division of Public Works Department of Administration 502 N. 4th Street P.O. Box 83720 Boise, ID 83720-0072 208.332.1930 tmason@adm.state.id.us PROFESSIONAL REFERENCES Rob Gronowski, P.E. Project Manager Washington Group International (WGI) 720 Park Blvd. P.O. Box 73 Boise, ID 83729 208.386.6689 rob.aronowski@waint.com Frank Wright Instructor & Head Varsity Baseball Coach Eagle High School 574 N. Park Lane Eagle, ID 83616 208.939.2189 work 208.938.2226 home wriahtf@meridianschools.org Gary A. Shelley 2799 N. Greenbelt Place Meridian, ID 83646 April 26, 2007 Mayor Tammy de Weerd Meridian City Hall 33 E. Idaho Ave. Meridian, ID 83642 Dear Mayor de Weerd, My name is Gary Shelley and I would like to be considered for one of the vacant Meridian Parks and Recreation Commission positions. I am currently Park Manager of Eagle Island State Park and have been involved in Parks and Recreation since 1978. I hold a BS in park management and a minor in public recreation. I was a member of the Dworshak Recreation District while in Orofino for 12 years and have enjoyed being an active member of service organizations such as Rotary International and Jaycees. My family and I live in Meridian and enjoy the many amenities the existing parks have to offer. I would like to contribute to our community by becoming a member of the Meridian Parks and Recreation Commission. If you have any questions or would like further information, I can be reached at the address above or by phone 939-0696(w), 890-3956(c), or 846-8378(h). Thank you for your consideration of my request. Sincerely, Gary y �lle L�] 0 June 1, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING June 5, 2007 APPLICANT Public Works Department ITEM NO. REQUEST Budget Amendment for GIS Consulting Services AGENCY COMMENTS CITY CLERK: CITY ENGINEER: S" c t ched CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: 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: Matelots presented at pubk mooNnV dwfl beeomo property of the City of Meldton. 0 June 1, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING June 5, 2007 APPLICANT Fire Department ITEM NO. 7-C-1 REQUEST Donation to the Fire Department from the Light My Fire Organization 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: MOW1,218 presented at public meettnps shall become property of the Cfy of MeridWM 0 • June 1, 2W7 Department Reports MERIDIAN CITY COUNCIL MEETING June 5, 2007 APPLICANT Legal Department ITEM NO. 7-D-1 REQUEST Discussion of Adult Business License Ordinance AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: 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 pubpc meellni p shoo become property of Ate City of Meridian. 0 June 1, 2007 FP 07-013 MERIDIAN CITY COUNCIL MEETING June 5, 2007 APPLICANT Ken Lenz,/Jeff Huber/White-Leasure Dev. Co. ITEM NO. 9 REQUEST Final Plat approval for 6 commercial building lots on 8.06 acres in a C -G Zone for Medina Subdivision - SWC of Meridian Road and Overland 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: 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: See attached Comments 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 KEN LENZ AND JEFF HUBER OF WHITE- LEASURE DEVELOPMENT COMPANY FOR FINAL PLAT APPROVAL OF 6 COMMERCIAL BUILDING LOTS ON 8.06 ACRES IN A C -G ZONE LOCATED ON THE SOUTHWEST CORNER OF MERIDIAN ROAD AND OVERLAND ROAD IN A PORTION OF THE NE I/ OF SECTION 24 T. 3N., R. 1W. C/C June 5, 2007 CASE NO. FP -07-013 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 5, 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 5, 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 MEDINA SUBDIVISION LOCATED IN A PORTION OF THE NE'/ OF SECTION 24, T. 3N., R. 1W., BOISE MERIDIAN, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MEDINA SUBDIVISION / (FP -07-013) Page 1 of 4 • MERIDIAN, ADA COUNTY, IDAHO 2007, HANDWRITTEN DATE: 05/11/07, SHEET 1 OF 6, THE LAND GROUP, INC.", KEN LENZ AND JEFF HUGER OF WHITE-LEASURE DEVELOPMENT COMPANY, 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 5, 2007, listing 17 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 The Land Group, 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 Intermountain Gas Company, 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 5, 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MEDINA SUBDIVISION / (FP -07-013) Page 2 of 4 mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAEINGS 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MEDINA SUBDIVISION / (FP -07-013) Page 3 of 4 request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which maybe adversely affected by 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 5t1_1 day of janC- , 2007. ` de WEERD ATTEST: WILLIAM G. BERG, JR., Gery IERK p Copy served upon: Applicant Planning Department t/P�blic Works Department /City Attorney By: Dated: `1- L Z.t71 Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MEDINA SUBDIVISION / (FP -07-013) Page 4 of 4 0 • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT r STAFF REPORT: Hearing Date: June 5, 2007 ruy TIF. Transmittal Date: May 31, 2007'`' G IDAHO TO: Mayor and City Council FROM: Kristy Vigil, Assistant City Planner 208-884-5533 Scott Steckline, Development Services Coordinator 208-898-5500 SUBJECT: Medina Subdivision Request for Final Plat Approval of Medina Subdivision Consisting of 6 Commercial Building Lots on 8.06 Acres in a C -G Zone by Ken Lenz, Jeff Huber, and White -Leasure Development Co. (File# FP -07-013). 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, Ken Lenz, Jeff Huber, and White -Leasure Development Co., have applied for final plat approval of 6 commercial building lots on 8.06 acres of land for Medina Subdivision. The zoning district for the proposed subdivision is C -G (General Commercial). Median Subdivision is located on the west side of Meridian Road and the south side of Overland Road in the NE '/a of T. 3N., R. 1W., Section 32. This property has not been previously platted. The City Council approved the preliminary plat for Medina Subdivision on April 13, 2007. The submitted final plat substantially complies with the approved preliminary plat. NOTE: The 35 -foot landscape buffer adjacent to Meridian Road received alternative compliance approval for a reduction in buffer width where the deceleration lane will be constructed. The approved buffer width is 31.92 feet at the narrowest point along the deceleration lane. Also, a 25 -foot landscape buffer is required along the southern boundary of this subdivision, adjacent to the existing residential uses, upon development of the second building within this subdivision. Staff recommends approval of Median Subdivision with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS Applicant is to meet all terms of the approved annexation (AZ -04-031), development agreement (Inst. # 105134293), preliminary plat (PP -07-003), conditional use permit for Lot 1, Block 1 (CUP -06-015), miscellaneous application (MI -07-002), and variance (VAR -05-027) for this subdivision. Exhibit "A' FP -07-013 Medina Subdivision FP.doc PAGE 1 0 • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 2. All future structures on the subject lots shall be required to obtain conditional use permit and certificate of zoning compliance approval prior to building construction. Also, future structures adjacent to Meridian Road shall be subject to design standard approval. 3. The Final Plat approval for this subject phase shall expire on 04/13/09, if the City Engineer's signature has not been obtained. 4. Prior to occupancy of the first building, or prior to the City Engineer's signature of final plat, the amended development agreement (MI -07-002) shall be recorded. Prior to the City Engineer's signature of the Final Plat, any existing structures shall be removed from the site. 6. Prior to submittal for the City Engineer's signature, the Certificate of Owners and the accompanying acknowledgement shall be signed and notarized. 7. Label the landscape buffer easements adjacent to Overland Road, Meridian Road, and the southern property boundary on the face of the plat. 8. Include the instrument number for the mutual ingress/egress cross access easement on the face of the plat. 9. Include the instrument number for the restrictive covenants on the face of the plat. 10. 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 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. 11. The applicant has proposed a waiver to the pressurized irrigation system required by City Code for this development. Per Meridian City Code 9-1-28, the pressurized irrigation requirement can only be waived if the particular property can prove they have no water rights in an irrigation district. UDC 11 -3B -6D requires non -potable water to be used in pressurized irrigation systems when deemed available. Therefore, the applicant shall be required to install a pressurized irrigation system using any existing surface water. If the applicant does not have existing water rights, they shall provide documentation of such to the City Engineer prior to the City Council Hearing. 12. Revise or add the following note(s) on the face of the plat, prepared by The Land Group, Inc., stamped on 05/11/07 by Hugh W. Edwards, prior to signature of the final plat by the City Engineer: 13.) Include instrument number. *.) Add a note, "This plat is subject to a development agreement recorded as instrument number 105134293 of Ada County Records." *.) Add a note including the amended development agreement number. *.) Add a note addressing the maintenance of the landscape buffers adjacent to Overland Road, Meridian Road, and the southern property boundary of this subdivision. (*) Add a note stating, "The bottom elevation of house footings shall be set a minimum of 12 inches above the highest known normal ground water elevation " Exhibit "A" FP -07-013 Medina Subdivision FP.doc PAGE 2 i 0 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT (*) Add a note stating, "Lot owners that they are responsible for maintenance of any irrigation/ drainage pipe or ditch crossing their lot. 13. The landscape plan, prepared by The Land Group, Inc., and dated 01/12/07 is approved with no changes. The required 25 foot wide landscape buffer along the southern boundary of this subdivision, adjacent to the existing residential uses, shall be constructed with the development of the second building within this subdivision. 14. 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. 15. 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. 16. 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 1I - 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. 17. 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 He 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. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Exhibit "A" FP -07-013 Medina Subdivision FP.doc PAGE 3 0 0 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 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 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. 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 Medina Subdivision (FP -07-013) with the above stated comments and conditions. Exhibit "A" FP -07-013 Medina Subdivision FP.doc PAGE 4 If►� M— W �+� r� THE LAND GROUP, INC. June 5, 2407 Kristy Vigil City of Meridian 660 E. Watertower, Suite 200 Meridian, Idaho 83642 Re: Case Files # PPP -07-003 and R M1-07.002 (Medina Subdivision Firml Plat) Written Response to staffs final plat staff report Dear Krlsty, We have reviewed the staff report for the final plat of Medina Subdivision and find it to be accurate and understandable. We will make the required adjustments and provide the required Information as stated in the report/conditions. Please give us a call If you have any additional questions or comments. Sinc rely, The and Grou J V Senior Plan er API Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering . Graphic Communication • Surveying 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 a P 208.939.4041 F 208.939.4445 a www.thelandgroupinc.com Exhibit "Q" 0 0 WESTERN REGION OFFICE INTERMOUNTAIN GAS COMPANY 555 South Cale Road • P.O. Box 7608 • BOISE, ID 83707 (208) 377-6000 • FAX (208) 377-6867 MAY 10 2007 To Planning and Zoning, Intermountain Gas Company has received your letter of application. In order to best serve this development Intermountain Gas does require that a 5' minimum utility easement along the interior lot lines and a 10' minimum utility easement along all right of ways or private drive. The private drive of the development would also be required to include a utility easement for Intermountain Gas to encroach into with the gas lines. Thank you for your time and consideration in this matter. If you have any questions or concerns please contact Mishelle Singleton at 377-6863. Sincerely, Mishelle Singleton Engineering Tech cc: Roger Phillips Exhibit "C" June 1, 2007 FP 07-014 MERIDIAN CITY COUNCIL MEETING June 5, 2007 APPLICANT Kastera Oevelopment, LLC ITEM NO. 10 REQUEST Final Plat approval for 124 single-family building lots and 12 common lots on 24.8 acres in R-8 and TN -R zones for Cavanaugh Subdivision No. 1 - SWC of Meridian Road and Victory 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: Date: COMMENTS See attached Staff Comments No Comments See attached 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 KASTERA DEVELPOMENT, LLC FOR FINAL PLAT APPROVAL OF 124 SINGLE- FAMILY BUILDING LOTS AND 12 COMMON LOTS ON 24.8 ACRES IN AN R-8 ZONE LOCATED NEAR THE SOUTHWEST CORNER OF MERIDIAN ROAD AND VICTORY ROAD IN A PORTION OF THE NORTH % OF SECTION 30 T. 3N., R. 1E. C/C June 5, 2007 CASE NO. FP -07-014 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 5, 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 5, 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 CAVANAUGH SUBDIVISION NO.1 LOCTED IN A PORTION OF THE NORTH %z OF SECTION 30, T. 3N., R. lE., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2007, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CAVANAUGH SUBDIVISION NO. 1 / (FP -07-014) Page 1 of 4 HANDWRITTEN DATE: 05/01/07, SHEET 1 OF 6, J -U -B ENGINEERS, INC.", KASTERA DEVELOPMENT, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: June 5, 2007, listing 17 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 12 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 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 Intermountain Gas Company, 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 5, 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 CAVANAUGH SUBDIVISION NO. 1 / (FP -07-014) Page 2 of 4 0 • 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 CAVANAUGH SUBDIVISION NO. 1 / (FP -07-014) Page 3 of 4 C� 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 r5' 1-V-% day of ,T nc , , 2007. OF , de WEERD ATTEST: v®~ SIAL WILLIAM G. BERG, JR. Flt ftli es a� Res''//�,��1106o911B9Q00Ot��e��o0� Copy served upon: V1 Applicant _ V Planning Department i/ Public Works Department —7 City Attorney BDated: • �Z.'�� qty Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CAVANAUGH SUBDIVISION NO. 1 / (FP -07-014) Page 4 of 4 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 5, 2007 Transmittal Date: May 31, 2007 Mayor and City Council Kristy Vigil, Assistant City Planner 208-884-5533 • DEPARTMENTS STAFF REPORT r crry OF 14 e'4 tf R� Scott Steckline, Development Services Coordinator 208-898-5500 Cavanaugh Subdivision No. l Request for Final Plat Approval of Cavanaugh Subdivision No. 1 Consisting of 123 Single -Family Building Lots and 12 common lots on 24.8 Acres in R-8 and TN -R Zones by Kastera Development, LLC (File# FP -07-014). submittal and offer the following comments and conditions of the applicant. )e considered in full, unless expressly modified or deleted by motion of the APPLICATION SUMMARY & LOCATION The applicant, Kastera Development, LLC, has applied for final plat approval of 123 single-family building lots and 12 common lots on 24.8 acres of land for Cavanaugh Subdivision No.l. The zoning districts for the proposed subdivision are R-8 (Medium -Density Residential District) and TN -R (Traditional Neighborhood District). Cavanaugh Subdivision No. 1 is located approximately a %z mile east of Meridian Road on Victory Road in a portion of the N'/z of T. 3N., R. 1E., Section 30. This property has not been previously platted. The City Council approved the preliminary plat for Tanana Valley Subdivision on August 22, 2006. Cavanaugh Subdivision No. 1 is the first phase of the approved preliminary plat. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Cavanaugh Subdivision No. 1 with the comments and conditions stated in this report SITE SPECIFIC CONDITIONS Applicant is to meet all terms of the approved annexation (AZ -06-015), development agreement (inst. # 106151214), and preliminary plat (PP -06-013) for this subdivision. 2. The Final Plat approval for this subject phase shall expire on 08/22/08, 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. Depict the lot number on Lot 6, Block 10. Exhibit "A" FP -07-014 Cavanaugh Subdivision No. 1 FP (preliminary platted as Tanana Valley).doc PAGF 0 • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Because there is a single access to the site, which serves more than 50 homes, the applicant shall contact the fire marshal for a secondary/emergency access for this phase. 6. All alleys shall have a minimum of sixteen feet of paving. All alleys shall serve as fire lanes. All alleys shall be concrete or asphalt with a concrete ribbon curb. The entrance to the alley from the public street shall provide a minimum twenty-eight foot (28') inside and forty-eight foot (48') outside turning radius. No parking shall be allowed on either side of the street within fifty feet (50) of the alley entrance as measured from the centerline of the alley. Alleys shall be designed so that the entire length is visible from a public street. 7. All dwelling units within the TN -R district shall have a minimum of two lights at the front of the unit. In addition, all dwelling units on alley accessed properties shall have a minimum of two lights along the alley. All lighting shall prevent uplighting and shall be on a photocell that activates the lightening at dusk and turns it off at dawn. Submit plans with each building permit application in the TN -R district showing/stating compliance with these lighting requirements. Revise or add the following note(s) on the face of the plat prepared by J -U -B Engineers, Inc., stamped on 05/01/07 by Ronald W. Hodge, prior to signature of the final plat by the City Engineer: 9.) Include instrument number. (*.) 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 � irrigation/drainage entity." 9. The landscape plan, prepared by Breckon Land Design. Inc., and dated 04/30/07 shall be revised as follows: a.) Include fencing detail on the plan (i.e. picture). b.) Include trees on Lot 1, Block 13 and Lot 1, Block 14 as approved with the preliminary plat. C.) Depict Lot 18, Block 10 and associated landscaping on the plan. d.) The lot numbers on the landscape plan do not match the final plat, revise accordingly. e.) Because the 6 -foot wide parkways proposed contain trees, the trees shall be planted with root barriers. See UDC 11-3A-17 E2 for specific standards. Submit three copies of the revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer. 10. 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. 11. 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. 12. 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- 313-11 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 Exhibit "A" FP -07-014 Cavanaugh Subdivision No. 1 FP (preliminary platted as Tanana Valley).doc PAGF • • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 13. 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. 14. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 15. 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. 16. 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. 17. The applicant has indicated that Nampa and Meridian Irrigation District will own and operate the required pressurized irrigation system in this development. Therefore a letter of plan approval shall be submitted prior to scheduling of a preconstruction meeting. 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. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Developer shall be responsible for the abandonment of the sewer liftoff peak station and its allied facilities upon connection to the future Black Cat sewer trunk in Victory road 5. 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. Exhibit "A" FP -07-014 Cavanaugh Subdivision No. 1 FP (preliminary platted as Tanana Valley).doc PAGE 0 • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 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. 7. 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. 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. 9. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 10. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 11. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 12. 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 Cavanaugh Subdivision No. 1 (FP -07-014) with the above stated comments and conditions. Exhibit "A" FP -07-014 Cavanaugh Subdivision No. 1 FP (preliminary platted as Tanana Valley).doc PAGE f,J-U-BA June 4, 2007 Kristy Vigil CITY OF MERIDIAN 660 E. Watertower, Suite 202 Meridian, Idaho 83642 RE: Cavanaugh Subdivision No. 1 Response to Final Plat Staff Report Comments Dear Kristy: is J -U-13 ENGINEERS, Inc. Regional Office 250 South Beechwood Avenue, Suite 201 Boise, ID 83709-0944 208-376-7330 Fax: 208-323-9336 www.jub.com Please convey our acceptance of the conditions of approval to the City Council as proposed in the staff report dated May 31, 2007, for the subject project. We do not intend to attend the final plat hearing regarding this project. If you have any questions, or require additional information, please do not hesitate to contact me. Sincerely, J -U -B ENGINEERS, Inc. Justin E. Bozovich, P.E. Project Engineer P:1DSF110-06-074 - Kastera Cavanaugh Sub110-06-074-AdminlCorrespondence12007-06-04 Meridian Planning.doc Exhibit "B" 0 WESTERN REGION OFFICE INTERMOUNTAIN GAS COMPANY 555 South Cole Road • P.O. Box 7608 • BOISE, ID 83707 (208) 377-6000 • FAX (208) 377-6867 MAY 10 2007 To Planning and Zoning, to Intermountain Gas Company has received your letter of application. In order to best serve this development Intermountain Gas does require that a 5' minimum utility easement along the interior lot lines and a 10' minimum utility easement along all right of ways or private drive. The private drive of the development would also be required to include a utility easement for Intermountain Gas to encroach into with the gas lines. Thank you for your time and consideration in this matter. If you have any questions or concerns please contact Mishelle Singleton at 377-6863. Sincerely, Mishelle Singleton Engineering Tech cc: Roger Phillips Exhibit "C" • • June 1, 2007 FP 07-015 MERIDIAN CITY COUNCIL MEETING June 5, 2007 APPLICANT H& B Associates, LLC ITEM NO. 11 REQUEST Final Plat approval for 48 single-family building lots and 7 common lots on 13.56 acres in an R-8 zone for Milford Creek West Subdivision - South of East McMillan and west of North Eagle 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 attached Staff Comments No Comments See attached Comments See attached Comments Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF H & B ASSOCIATES, LLC FOR FINAL PLAT APPROVAL OF 48 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 7 COMMON LOTS ON 13.56 ACRES IN AN R-8 ZONE LOCATED SOUTH OF EAST MCMILLAN ROAD AND WEST OF NORTH EAGLE ROAD IN THE NE 1/ OF SECTION 32, T. 4N., R. 1E. C/C June 5, 2007 CASE NO. FP -07-015 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-613-3 on June 5, 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 5, 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 MILFORD CREEK WEST SUBDIVISION LOCTED IN THE NE '/ OF SECTION 32, T. 4N., R. 1E., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2007, HANDWRITTEN DATE: 04/30/07, SHEET 1 OF 2, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MILFORD CREEK WEST SUBDIVISION / (FP -07-015) Page 1 of 5 • ENGINEERING SOLUTIONS, LLP", H & B ASSOCIATES, 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 5, 2007, listing 17 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 Engineering Solutions, LLP, a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 4 pages, and by this reference incorporated herein, and the additional requirements of the Council taken at their June 5, 2007 meeting as follows, to -wit: 1.1 Adopt the action of the City Council taken at their June 5, 2007 meeting, and specifically pertaining to the Staff Report, under Conditions of Approval, number 10, such that it now read as follows: CONDITIONS OF APPROVAL ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MILFORD CREEK WEST SUBDIVISION / (FP -07-015) Page 2 of 5 ... ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MILFORD CREEK WEST SUBDIVISION / (FP -07-015) Page 2 of 5 appheable lot en the faee efthe plat. Prior to signature of the final plat by the City Engineer, the annlicant shall submit a site plan reflecting the existing structures, the setbacks, and the shared driveways to the planning department for staff review. 1.2 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MILFORD CREEK WEST SUBDIVISION / (FP -07-015) Page 3 of 5 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 TAILINGS 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. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which maybe adversely affected by 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 E5�` day of Lne— '2007. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MILFORD CREEK WEST SUBDIVISION / (FP -07-015) Page 4 of 5 0 0 ft�,TA)MW de ATTEST: �eo _ B AL WILLIAM G. B RG, JR., LE1 Fal , q Jilt na Copy served upon: V Applicant VPlanning Department I- Public Works Department City Attorney lftBy: Dated: 17 -- City 2."City Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MILFORD CREEK WEST SUBDIVISION / (FP -07-015) Page 5 of 5 • • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: Hearing Date: June 5, 2007- Transmittal Date: May 31, 2007,'°' TO: Mayor and City Council FROM: Kristy Vigil, Assistant City Planner �Ri� SPS 208-884-5533 Scott Steckline, Development Services Coordinator 208-898-5500 SUBJECT: Milford Creek West Subdivision Request for Final Plat Approval of Milford Creek West Subdivision Consisting of 48 Single -Family Building Lots and 7 common lots on 13.56 Acres in an R-8 Zone by H&B Associates, LLC (File# FP -07-015). 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, H&B Associates, LLC, has applied for final plat approval of 48 single-family building lots and 7 common lots on 13.56 acres of land for Milford Creek West Subdivision. The zoning district for the proposed subdivision is R-8 (Medium -Density Residential District). Milford Creek West Subdivision is located south of McMillan Road, approximately a % mile west of Eagle Road in the NE 1/4 T. 4N., R. IE., Section 32. This property has not been previously platted. The City Council approved the preliminary plat for Milford Creek West Subdivision on December 6, 2005. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Milford Creek West Subdivision with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS Applicant is to meet all terms of the approved annexation (AZ -05-047) and preliminary plat (PP - 05 -050) for this subdivision. 2. The Final Plat approval for this subject phase shall expire on 12-6-07, if the City Engineer's signature has not been obtained. 3. Prior to submittal for signature by the City Engineer, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The applicant is proposing to sewer service to this site via extensions of mains proposed in Zebulon Heights #2. Zebulon Heights #2 has not installed the necessary mains to serve Milford Creek Subdivision, therefore this property is currently not serviceable by the City of Meridian's sanitary sewer system. Proceeding through the process is strictly at the risk of this applicant. The Exhibit "A" FP -07-015 Milford Creek West Subdivision FP.doc PAGE 1 0 i CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT City of Meridian does not guarantee sewer service to this site within the timelines set out in the Unified Development Code. 5. Water service to this site is being proposed via extension of mains in Zebulon Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. The applicant shall be required to have two water connections one in E Wainwright Dr and one in E Paint Street connecting through Zebulon Heights #2 and shall be shown in the approved construction plans. The applicant has indicated that the Zebulon Heights Owner's Association 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. 7. 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. Add a note to the plat specifying who will maintain the 20 -foot wide landscape easement on Lots 13 and 14, Block 3 (either HOA or individual lot owners). Revise the note on the face of the plat, if the 20 -foot landscape easement is not going to be maintained by the homeowners association. Revise general note located with Lot 23, Block 4 "see note 13" to depict the correct note number. 10. All common driveways shall be constructed in accordance with UDC 11 -6C -3D, and be paved a minimum of 20 -feet wide with a surface capable of supporting 75,000 lbs. with a turning radius of 28' inside and 48' outside for fire vehicles and equipment. All properties that abut a common driveway shall take access from the driveway. 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. 11. Revise or add the following note(s) on the face of the plat prepared by Engineering Solutions, LLP, stamped on 04/30/07 by D. Terry Peugh, prior to signature of the final plat by the City Engineer: *.) Add note, "Direct lot access to Wainwright Drive is prohibited with the exception of the shared access between Lots 13 and 14, Block 3." *.) Revise to read, "... W McMillan Road in place of E Ustick Road. 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. The landscape plan, prepared by Harvest Design, P.C., and dated 04/18/07 shall be revised as follows: a.) Include the tree class on the plan. Exhibit "A" FP -07-015 Milford Creek West Subdivision FP.doc PAGE 2 0 0 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT b.) Show Lot 23, Block 4 and any associated improvements 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. 14. 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. 15. 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. 16. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 17. 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. 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. Exhibit "A" FP -07-015 Milford Creek West Subdivision FP.doc PAGE 3 0 • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 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. 8. 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 Milford Creek West Subdivision (FP -07-015) with the above stated comments and conditions. Exhibit "A" FP -07-015 Milford Creek West Subdivision FP.doc PAGE 4 • EIGINEERING afarmng aqd engineering comrwities for the luture aOLUTIONSLLP June 4, 2007 Mayor and City Council City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Re: Milford Creek West Subdivision File No. FP -07-015 Dear Mayor and Council: • 1026 N. Rosario Street. Suite 100 Meridian, ID 83642 Phone: (208) 938-0980 Fax: (208) 938-0941 E-mail: es-heckynl(ir?gwest.net We have reviewed the recommendations for the City Council meeting of June 5, 2007, and have the following responses: SITE SPECIFIC CONDITIONS 1. The applicant will comply. 2. The applicant will comply or file for an extension to record the final plat. 3. The applicant will comply. 4. Understood. 5. The applicant will comply. 6. The applicant will comply. 7. 'The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. 10. On other final plats, the Ada County Engineer has commented that building setbacks, existing or proposed structures should not be put on the plat. Therefore, we recommend submitting a site plan reflecting the existing structures, setbacks, and shared driveway for staff review. 11. The applicant will comply. C`lk eumcnls and SettinsslvieilkV,ocal Settings'lemporary Internet Files\0I.K('13\RccsResponse (5).doe Exhibit "B" 0 0 Mayor and City Council June 4, 2007 Page 2 12. The applicant will comply. 13. The applicant will comply. 14. The applicant will comply. 15. The applicant will comply. 16. The applicant will comply. 17. Noted. STANDARD CONDITIONS 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. 10. The applicant will comply. ii. The applicant will comply. We appreciate staffs review of our project. We respectfully request approval of the application for final plat. Thank you. Sincerely, Engineering Solutions, LLP Becky McKay, Partner Project Manager BM:ss cc: H & B Associates, LLC (':\Documents and ticttings\%i-UA.ocal Settingstil'emporar) Internet Piles\OLKC'li\RecsRcspiuue (S).doc Exhibit "B" • June 1, 2007 MERIDIAN CITY COUNCIL MEETING APPLICANT Red Cliff Develooment June 5, 2007 FP 07-012 ITEM NO. 12 REQUEST Tabled from May 22, 2007 -- Request for Final Plat approval for 52 single family residential building lots, 6 commercial lots, and 8 common lots on 27.36 acres in R-8, R-15, and C -G zones for Blenville Square Subdivision -- 2935 North Eagle 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: See Previous Item Packet / Minutes See attached Staff Comments MERIDIAN POST OFFICE: OTHER: See atftached Revised Plats Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • L� BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF RED CLIFF DEVELPOMENT FOR FINAL PLAT APPROVAL OF 52 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS,1 MULTI -FAMILY LOT BUILDING LOT, 6 COMMERCIAL BUILDING LOTS, AND 7 COMMON LOTS ON 27.36 ACRES IN A R-8, R-15, AND C -G ZONES LOCATED AT 2935 NORTH EAGLE ROAD IN THE NE % OF SECTION 5, T. 3N., R. 1E. C/C June 5, 2007 CASE NO. FP -07-012 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 5, 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 5, 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 BIENVILLE SQUARE SUBDIVISION LOCTED IN THE NE % OF SECTION 5, T. 3N., R. lE., BOISE MERIDIAN, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BIENVILLE SUBDIVISION / (FP -07-012) Page 1 of 4 MERIDIAN, ADA COUNTY, IDAHO 2007, HANDWRITTEN DATE: 05/15/07, SHEET 1 OF 4, STANLEY CONSULTANTS", RED CLIFF 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 5, 2007, listing 19 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 5 pages, and by this reference incorporated herein, and the response letter from Red Cliff Development, a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Nampa and Meridian Irrigation District, a true and correct copy of which is attached hereto marked Exhibit "C" and consisting of 2 pages, 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 "D" and consisting of 1 page, and by this reference incorporated herein and the additional requirements of the Council taken at their June 5, 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BIENVILLE SUBDIVISION / (FP -07-012) Page 2 of 4 this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BIENVILLE SUBDIVISION / (FP -07-012) Page 3 of 4 C� 0 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. 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 day of JC—A f 1 C 92007. SJR T ATTEST: BEAL A&lf LIAM G. BERG, JX, CITY Cil /99991 90 Copy served upon: ✓ Applicant ✓ Planning Department ✓ Public Works Department ✓ City Attorney By:, �1Lku 9 -j City Clerk's Office Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BIENVILLE SUBDIVISION / (FP -07-012) 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 5, 2007 Transmittal Date: May 31, 2007 Mayor and City Council is DEPARTMENTS STAFF REPORT r C46 11 . { Kristy Vigil, Assistant City Planner 208-884-5533 Scott Steckline, Development Services Coordinator 208-898-5500 Bienville Square Subdivision Request for Final Plat Approval of Bienville Square Subdivision Consisting of 52 Single -Family Lots, 1 Multi -Family lot, 6 Commercial Lots, and 7 Common Lots on 27.36 Acres in R-8, R-15, and C -G Zones by Red Cliff Development, Inc (File# FP -07-012). submittal and offer the following comments and conditions of the applicant. )e considered in full, unless expressly modified or deleted by motion of the APPLICATION SUMMARY & LOCATION The applicant, Red Cliff Development, Inc., has applied for final plat approval of 52 single-family lots, 1 multi -family lot, 6 commercial lots, and 7 common lots on 27.36 acres of land for Bienville Square Subdivision. The zoning districts for the proposed subdivision are R-8 (Medium Density Residential), R- 15 (Medium High -Density Residential), and C -G (General Retail and Service Commercial District). Bienville Square Subdivision is located on the west side of Eagle Road and south of Ustick Road in the NE % of Section 5, 3N., R. 1E. This property has not been previously platted. The City Council approved the preliminary plat for Bienville Square Subdivision on May 2, 2006. The submitted final plat substantially complies with the approved preliminary plat. Note: The submitted landscape plan depicts a 35 -foot wide landscape buffer along Eagle Road. However, the Applicant has submitted a variance application requesting to allow 15 feet of right-of-way along Eagle Road to count towards the required landscape street buffer of 35 feet. Staff does not believe that the future approval or denial of the variance request by the Council will have a major impact on the layout of the proposed subdivision. The subject report does not assume that a variance by the Council will be granted. Staff recommends approval of Bienville Square Subdivision with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved rezone (RZ-05-019), annexation (AZ -05-057), development agreements (Inst. #104107406 and 107044347), preliminary plat (PP -05-059), variance (VAR -06-018), and conditional use permit (CUP -05-052) for this subdivision. Exhibit "A" FP -07-012 Bienville Square Subdivision FP.doc PAGE 1 0 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 2. The Final Plat approval for this subject phase shall expire on 5/2/08, if the City Engineer's signature has not been obtained. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The curve references inaccurately describe the curves, revise accordingly. 5. Lots 18 and 19, Block 2 do not appear to meet the minimum frontage requirement of 30 feet, revise lots accordingly. 6. Depict an easement on Lots 25, 27, and 28, Block 1 on the face of the plat for the landscape buffer on the north side of Cajun Lane. 7. Prior to issuance of certificate of occupancy the perimeter landscaping and fencing shall be installed. Construction or surety for the multi -use pathway shall also be completed prior to issuance of any certificate of occupancy. 8. Lots 19 — 22, Block 1 shall meet the minimum lot size for the R-8 zone. Provide lot closure prior to signature of the final plat by the City Engineer. 9. Lot 23, Block 1 is shown entirely as a common area lot, however it was preliminary platted as a multi -family lot and a common area lot. Revise plan accordingly to create a multi -family lot and a common area lot as approved on the preliminary plat. 10. Boundary lengths and or bearings do not comply with those of existing adjacent plats of record for Carols Subdivision No.l & 2 for Lots 19 — 22 Block 1, Lot 30 Block 1, and, Lot 2 Block 1. Please reconcile and or make reference to the information of record. 11. The Applicant shall create a common lot encompassing the entire Finch Lateral Easement prior to signature of the final plat by the City Engineer. The common lot shall be landscaped per UDC 11- 3G -3E. 12. The private street (N. Cajun Lane) shall be constructed per UDC 11-3F-4, the width of the travel lane shall be at least 24 feet or 26 feet wide (proposed as 40 feet wide), as determined by the fire marshal, a Fire Department approved turnaround shall be provided and the adjacent curb shall be painted red, post the private street "No Parking", gates or other obstacles shall not be allowed, and construct a 5 -foot wide sidewalk on each side of the private street, as proposed. 13. The alley lot, Lot 18, Block 2, shall be constructed per UDC 11-6C35. The alley shall have a minimum of 16 feet of paving, serve as a fire lane, and be constructed of concrete or asphalt with a concrete ribbon curb. From the entrance to the public street provide a minimum of 28 -foot inside and 48 -foot outside turning radius. No parking shall be allowed on either side of the street within 50 feet of the alley entrance as measured from the centerline of the alley, and the alley shall be designed so the entire length is visible from a public street. 14. 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. 15. Revise or add the following note(s) on the face of the plat prepared by Stanley Consultants, stamped on 05/15/07 by Michael E. Marks, prior to signature of the final plat by the City Exhibit "A" FP -07-012 Bienville Square Subdivision FP.doc PAGE 2 0 • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Engineer: 2.) Revise to call -out Lot 23, Block 1 as a multi -family lot. Also, include Lot 18, Block 2 and the new common lot created from the division of Lot 23, Block 1 as common lots. *.) Add note, Bottom elevation of structural footing shall be set a minimum of 12 inches above the highest established normal ground water elevation. *.) Add note, advising lot owners that they are responsible for maintenance of any irrigation / drainage pipe or ditch crossing their lot. *.) Add a note addressing the maintenance responsibilities of the landscape buffers adjacent to Eagle Road and N. Cajun Lane that are not within common lots. *.) Add note, "Maintenance of all common areas shall be the responsibility of the Bienville Square Subdivision Business/Homeowners Association." *.) Add note, "This plat is subject to a development agreements recorded as instrument numbers 104107406 and 107044347 of Ada County Records." *.) Add note, "Except for the access approved by ACHD, ITD, and the City of Meridian, direct lot access to Eagle Road is prohibited." 16. The landscape plan, prepared by The Land Group, Inc., and dated 05/25/07, shall be revised as follows: a.) The landscape buffer adjacent to Eagle Road shall be a minimum of 35 feet, revise plan accordingly b.) The pathway adjacent to the southern boundary is labeled as a 7 -foot path and should be a 10 -foot path, revise plan accordingly. c.) Depict the location of the iron fence on the plan. d.) A six-foot open vision fence or four -foot solid fence is required adjacent to the micropaths located on Lot 10, Block 1 and Lots 8 and 28, Block 2 e.) Include details for fencing on Lot 10, Block 1 and Lots 2 and 28, Block 2 on the plan (picture & description). f.) Revise the multi -use pathway on the western boundary to be a minimum of 10 feet. g.) The landscape buffer along the east side of N. Cajun Lane shall be a minimum of 10 feet. Furthermore, the buffer shall be in an easement on Lots 25, 27, and 28, Block 1. h.) Depict the landscaping on the common lot created for the Finch Lateral easement. The internal landscaping for the individual lots/buildings and parking areas will be reviewed with each individual CZC and are not approved with this final plat. Submit three copies of the revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer. 17. 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. 18. 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- 313-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. Exhibit "A" FP -07-012 Bienville Square Subdivision FP.doc PAGE 3 0 0 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 19. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and the Finch Lateral, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, final plat recorded and road base shall be approved prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 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 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. 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 Exhibit "A" FP -07-012 Bienville Square Subdivision FP.doc PAGE 4 • • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Staff recommends approval of the final plat for Bienville Square Subdivision (FP -07-012) with the above stated comments and conditions. Exhibit "A" FP -07-012 Bienville Square Subdivision FP.doc PAGE 5 RIEDCLIFF DEVELOPMENT I'O: Meridian City Council 660 E. Watertower Ln., Ste. 202 Meridian, Idaho 83642 DATE: June 1. 2007 RE:: Bienville Square Subdivision — Final Plat STATEMENT OF COMPLIANCE We agree with and will comply with the following items as outlined below from the City Staft' Report transmitted May 31, 2007: SITE SPECIFIC CONDITIONS I. Applicant is to meet all terns of the approved rezone (RZ-05-019), annexation (AZ -05-057), development agreements (Inst. #104107406 and 107044347), preliminary plat (PP -05-059), variance (VAR -06-018), and conditional use permit (CUP -05-052) for this subdivision. 2. The Final Plat approval for this subject phase shall expire on 5/2/08, if the City Engineer's signature has not been obtained. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The curve references inaccurately describe the curves, revise accordingly. 5. Lots 18 and 19, Block 2 do not appear to meet the minimum frontage requirement of 30 feet, revise lots accordingly. 6. Depict an easement on Lots 25, 27, and 28, Block 1 on the face of the plat for the landscape butter on the north side of Cajun Lane. 7. Prior to issuance of certificate of occupancy the perimeter landscaping and fencing shall be installed. Construction or surety for the multi -use pathway shall also be completed prior to issuance of an)- certificate nycertificate of occupancy. 8. Lots 19 — 22. Block 1 shall meet the minimum lot size for the R-8 zone. Provide lot closure prior to signature of the final plat by the City Engineer. 9. Lot 23, Block 1 is shown entirely as a common area lot, however it was preliminary platted as a multi- family lot and a common area lot. Revise plan accordingly to create a multi -family lot and a common area lot as approved on the preliminary plat. 10. Boundary lengths and or bearings do not comply with those of existing adiacent plats of record fir Carols Subdivision No.] & 2 for Lots 19 — 22 Block I, Lot 30 Block 1, and, Lot 2 Block 1. Please RED CLIFF DEVELOPMENT - 2060 S. EAGLE ROAD, MERIDIAN, IDAHO 83642 (208) 472-9219 • REDCLIFFDEV.COM Exhibit "B" 0 • reconcile and or make reference to the information of record. i I . The Applicant shall create a common lot encompassing the entire Finch Lateral Easement prior to signature of the final plat by the City Engineer. The common lot shall be landscaped per UDC 1 1 -3G - 3E. 12. The private street (N. Cajun Lane) shall be constructed per UDC 11-317-4. the width of the travel lane shall be at least 24 feet or 26 feet wide (proposed as 40 feet wide), as determined by the fire marshal, a Fire Department approved turnaround shall be provided and the adjacent curb shall be painted rad, post the private street "No Parking". gates or other obstacles shall not be allowed, and construct a 5 -foot wide sidewalk on each side of the private street, as proposed. 13. 'File alley lot. Lot 18, Block 2, shall be constructed per UDC i 1-6C35. The alley shall have a minimum of 16 feet of paving, serve as a fire lane, and be constructed of concrete or asphalt with a concrete ribbon curb. From the entrance to the public street provide a minimum of 28 -foot inside and 48 -foot outside turning radius. No parking shall be allowed on either side of the street within 50 feet of the alley entrance as measured from the centerline of the alley, and the alley shall be designed so the entire length is visible from a public street. 14. All fencing installed on the site must be in compliance with UDC 11-3A-6 and I 1-3A-7, and as proposed oil 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. 15. Revise or add the following note(s) on the face of the plat prepared by Stanley Consultants, stamped an 05/15107 by Michael E. Marks, prior to signature of the final plat by the City Engineer: a) Revise to call -out Lot 23, Block 1 as a multi -family lot. Also, include Lot 18, Block 2 and the new common lot created from the division of Lot 23, Block I as common lots. b) Add note, Bottom elevation of structural footing shall be set a minimum of 12 inches above the highest established normal ground water elevation. c) Add note, advising lot owners that they are responsible for maintenance of any irrigation / drainage pipe or ditch crossing their lot. d) Add a note addressing the maintenance responsibilities of the landscape buffers adjacent to Eagle Road and N. Cajun Lane that are not within common lots. e) Add note, "Maintenance of all common areas shall be the responsibility of the Bienville Square Subdivision Business/Homeowners Association." t) Add note, "This plat is subject to a development agreements recorded as instrument numbers 104107406 and 107044347 of Ada County Records." g) Add note, "Except for the access approved by ACHD, ITD, and the City of Meridian, direct lot access to Eagle Road is prohibited." 16. The landscape plan, prepared by The Land Group, Inc., and dated 05/25/07, shall be revised as billows: a.) The landscape buffer adjacent to Eagle Road shall be a minimum of 35 feet, revise plan accordingly. b.) The pathway adjacent to the southern boundary is labeled as a 7 -foot path and should be a 10 - foot path, revise plan accordingly. c.) Depict the location of the iron fence oii the plan. d.) A six-foot open vision fence or four -foot solid fence is required adjacent to the micropaths RED CLIFF DEVELOPMENT • 2050 S. EAGLE ROAD, MERIDIAN, IDAHO 83642 (208) 472-9219 • REDQAFFDEV.COM Exhibit "B" located on Lot 10, Block 1 and Lots 8 and 28, Block 2 e.) Include details for fencing on Lot 10, Block 1 and Lots 2 and 28. Block 2 on the plan (picture & description). f.) Revise the multi -use pathway on the western boundary to be a minimum of 10 feet. g.) The landscape buffer along the east side of N. Cajun Lane shall be a minimum of 10 feet. Furthermore, the buffer shall be in an easement on Lots 25, 27, and 28, Block 1. h.) Depict the landscaping on the common lot created for the Finch Lateral easement. The internal landscaping for the individual lots/buildings and parking areas will be reviewed with each individual CZC and are not approved with this final plat. Stihm(t three copies ofthe, revised landscape plan to the Planning Depco went prior to signulure (?f lhe,jinul plat hr the 01V Engineer. 17. 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. 18. 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 1 1-3B-1 1 and shall he 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-1 I. If the stormwater detention facility cannot he incorporated into the approved open space and still meet the standards of UDC 11-313-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 19. Staffs failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS Per UDC 1 1-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and the Finch Lateral, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners). with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be approved and activated. fencing installed, sewer line shall be 'installed and passed air test and video inspection, final plat recorded and road base shall be approved prior to applying for building permits. 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. RED CLIFF DEVELOPMENT - 2060 S. EAGLE Roan, MERIDIAN, IDAHO 83642 (208) 4T2-9219 - REDCLIFFDmcoM Exhibit °B" 0 • 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 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. 8. 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. We thank you in advance for your consideration and look forward to working with your staff on the development of this project. If you have any questions or concerns please feel free to contact me at 472-9219. Sincerely. R.obeYt c. LA vueer Robert C. Unger V.P. / Project Manager Red Cliff Development RED CLIFF DEVELOPMENT - 2060 S. EAGLE ROAD, MERIDIAN, IDAHO 83642 (208) 472-9219-REDCLIFFDEv.coM Exhibit "B" 30 April 2007 City of Meridian City Clerk's Office William G. Berg Jr. 33 Fast Idaho Avenue Meridian, ID 83642 84 -A- G 24sJ� Ne RE: PFP 07-012/Bienville Square Subdivision Dear Will: 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Nampa & Meridian Irrigation District requires that a Land Use Change Application be fled, for review, prior to final platting. Please contact Donna Moore at 466-7861 for further information. All laterals and waste ways must be protected. The District's Finch Lateral courses through this proposed project. The District's easement for the Finch Lateral at this location is a minimum of eighty feet (80'), forty feet (40') each side from center. However please contact the District directly to verify the width of easement necessary to operate, maintain and repair the Finch Lateral. Also, please send revised plans showing exactly what proposed encroachments will be within the District's easement and exactly how far. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. Page 1 of 2 Exhibit "C" APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,ODO BOISE PROJECT RIGHTS - 40,000 Will Berg Jr. City of Meridian FP 07-012/Bienville Square 30 April 2007 Page 2 of 2 All municipal surface drainage must be retained on site. If any municipal surface drainage leaves the site, the Nampa & Meridian. Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be. made available to all developments within the Nampa & Meridian Irrigation District. Sincere-jv, John P. Anderson Water Superintendent Nampa & Meridian Irrigation District JPAidbg C: Board of Directors Secretaryrrreasurer Asst. `Nater Superintendent File Exhibit "C" • 0 Joint School . No. m 1303 E -Central Drive - Meridian, Idaho 83642 - (208) 855-4500 - Fax (208) 350-5962 cif `i �G SUPERINTENDENT Dr. Linda Clark h Prepering �,i Todoy,'s O 1 St�d¢nis fcr N Tomorrow's Challenges. May 9, 2007 City of Meridian City Clerk's Office Attn: William G. Berg, Jr. 33 East Idaho Avenue Meridian, ID 83642 Dear Planners: 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 Bienville Square Subdivision will have a significant impact on school enrollments at River Valley Elementary School, Lewis & Clark Middle School and Meridian High School. We can predict that these homes, when completed, will house forty-five (45) elementary aged children, thirty-five (35) middle school aged children, and twenty-five (25) 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, #4Lh&ffl WenNI'Bigham Building & Construction Manager June 1, 2007 CPA 07-004 MERIDIAN CITY COUNCIL MEETING June 5, 2007 APPLICANT Joint School District No. 2 13 REQUEST Continued Public Hearing from May 15, 2007 — Request for an amendment to the Comp. Plan Future Land Use Map to change land use designation from industrial to commercial for Jabil East CPA —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 Previous Item Packet / Minutes See attached Recommendations Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shop become properly of the City of Meridian. June 1, 2007 RZ 07-005 MERIDIAN CITY COUNCIL MEETING June 5, 2007 APPLICANT Joint School District No. 2 14 REQUEST Continued Public Hearing from May 15, 2007 - 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: COMMENTS See Previous Item Packet / Minutes See attached Recommendaflons OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubUc meetMgs shall become properly of the City of Meddian. June 1, 2007 MERIDIAN CITY COUNCIL MEETING June 5, 2007 APPLICANT ITEM NO. 15 REQUEST Continued Public Hearing from May 22, 2007: For the purpose of reviewing and considering fee changes authorized in Title 9, Chapter 1 Water Use & Service, & Title 9, Chapter 4 Sewer Use & Service of Meridian City Code including proposed changes to water & wastewater assessment, water meters & appurtenances, water system itemized damage fees, and water and sewer rates 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: See previous Item Packet 1 Minutes 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. �J June 1, 2007 • MERIDIAN CIN COUNCIL MEETING June 5, 2107 APPLICANT ITEM NO. 16 REQUEST Tabled from May 22, 2007 - Resolution No. : 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 Provlws Rom Packet / Minutes to � 4WI14-11 ck,"m Contacted: Date: Phone: Emailed: Staff Initials: Matorlab presented at puble meetings sW beaane ptgnrly of the Cffy of Mo*km. E CITY OF MERIDIAN BY THE CITY COUNCIL: • RESOLUTION NO. D 1- 56 Z BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION RATIFYING THE CITY COUNCIL'S APPROVAL OF PUBLIC WORKS DEPARTMENT PROPOSED CHANGES TO WATER AND WASTEWATER ASSESSMENT FEES, WATER METERS AND APPURTENANCES FEES, WATER SYSTEM ITEMIZED DAMAGE FEES, AND WATER AND SEWER USER RATES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 15 and 22, 2007, the City Council of the City of Meridian, held a hearing on the adoption of the Public Works Department proposed changes to water and wastewater assessment fees, water meters and appurtenances fees, water system itemized damage fees and water and sewer user rates as shown by Attachment "A" and incorporated herein by reference; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said Public Works Department Fee Schedule; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Public Works Department proposed changes to water and wastewater assessment fees, water meters and appurtenances fees, water system itemized damage fees and water and sewer user rates is hereby adopted. A copy of the fee schedule is attached as Exhibit "A". Section 2. That the Director of the Public Works Department is hereby authorized to implement and carry out the collection of said fees. Section 3. That this Resolution shall be in full force and effect on the l JP day of ey v V , 2007. ADOPTED by the City Council of the City of Meridian, Idaho - ` ' day of 4&enxX , 2007. PUBLIC WORKS DEPARTMENT PROPOSED CHANGES TO WATER AND WASTEWATER ASSESSMENT FEES, WATER METERS AND APPURTENANCES FEES, WATER SYSTEM ITEMIZED DAMAGE FEES, AND WATER AND SEWER USER RATES Page 1 of 2 APPROVED by the Mayor of the City of Meridian, Idaho, this day of 92007. APPROVED: J A 7��y,��� YOR�)GGIMY de WEERD \ „Illllllfl/ \\\ 1j1<1 A ATTEST: ., $19AL = ILLIAM G. BERG, JRSLE .� ',/AAAAAA/�� � 1111 f 9 1 Y 1 611o\\\\\\\a®a\ PUBLIC WORKS DEPARTMENT PROPOSED CHANGES TO WATER AND WASTEWATER ASSESSMENT FEES, WATER METERS AND APPURTENANCES FEES, WATER SYSTEM ITEMIZED DAMAGE FEES, AND WATER AND SEWER USER RATES Page 2 of 2 0 0 2007 Public Works Fee Update Proposal ASSESSMENT FEES WASTEWATER Current Assessment Assessment Fee Fee $2226 $2,749 WATER Proposed Current Assessment Assessment Fee Fee $1,463 $1,794 Scheduled Update (Dates listed are Last Update anticipated effective date) April -O6 June -07 April -06 June -07 Pressurized Irrigation Assessment for Secondary Connection $449 $525 May -06 June -07 WATER & SEWER RATES WATER Use Charge (per 1000 gallons): WASTEWATER Scheduled Update (Dates listed are Current $1.05 $1.39 June -06 June -07 Current Prouosed Use Charge (per 1000 gallons): $2.99 $3.04 June -06 June -07 MISCELLANEOUS WASTEWATER AND WATER CHARGES Wastewater Current Proposed Scheduled Update (Dates listed are Last Update anticipated effective date) Private Sewer System Review $1,000 no change February -06 By individual Private Lift Station O&M agreement no change May -06 Septage Dump, per 1000 gallons $48.00 no change May -06 Water Current Proposed last Update Meter Adapter Kit $80 no change Maya Meter MXU Transmitter $85 no change May -06 (1) Meter Adapter Kit $80.00 no change May -06 (2) Meter MXU Transmitter $85.00 no change May -06 (3) Meter MXU for 1 -in & larger meters $144.00 no change May -06 3/4 inch meter $146.00 no change May -06 1 inch meter $183.00 no change May -06 1 1/2 inch meter $399.00 no change May -06 2 inch meter $542.00 no change May -06 3 inch meter $1,058.00 delete May -06 June -07 4 inch turbo meter $2,052.00 no change May -06 4 inch compound $2,884.00 no change May -06 (1) Required on some commercial projects when developer's engineer/architect specifies a larger meter setter than the meter that is initially required. For example, a 2 -inch setter is specified and a 2 -in meter will be used when the project is built -out. However, only a 1 1/2 -inch meter is initially needed, requiring the adaptor kit the Water Division presently pays for. (2) Recovers cost of radio read transmitter unit on all new meters set. (3) Recovers full cost of a single MXU unit in situations where two meters cannot share a single meter vault MXU units for most residential serve two meters serving two houses 0 0 Water System Repair Fees Current Proposed Scheduled Update (Dates listed are Last Update anticipated effective date) Private Water System Review $500 no change February -05 5/8 and % inch angle valves $15.00 no change May -06 Meter heads $72.00 no change May -06 5/8 x %inch meter $119.00 no change May -06 % inch meter $146.00 no change May -06 1 inch meter $183.00 no change May -06 1 %z inch meter $399.00 no change May -06 2 inch meter $542.00 no change May -06 3 inch meter $1,058.00 delete May -06 June -07 4 inch turbo meter $2,052.00 no change May -06 4 inch compound $2,884.00 no change May -06 Padlock $4.35 no change May -06 X43 meter lid $93.00 no change May -06 Hydrant Meter $1,049.00 no change May -06 2 Inch Meter valve $79.00 no change May -06 Swivel Adaptor $91.00 no change May -06 1112 to 2 inch adaptor $80.00 no change May -06 384 Freeze Plates $6.11 no change May -06 Single port MXU $129.00 no change May -06 Dual port MXU $150.00 no change May -06 Touch coupler extension cable $16.00 no change May -06 Truck fee (per trip) $25.00 no change May -06 Equipment (backhoe or dump truck) $25.00 no change May -06 Meter lockout if illegal tum -on $50.00 no change May -06 Hourly charge, service call $35.00 no change May -06 Meter reinstall fee (does not include actual meter) $20.00 no change May -06 Hydrant meter, daily rental $2.50 $5.00 May -06 June -07 Engineering0evelopment Services QAIQC Plan Review Fee Applies to all subdivision projects and commercial projects with public water or sewer mains. Subdivisions Current Proposed Last Update 0 to 50 building lots: $100 Delete and replace 51 to 100 building lots: $175 with QLPE Review More than 100 building lots: $250 Fees Commercial $50 per project Quallfied Licensed Professional Engineer (QLPE) Review Proposed All subdivision and commercial projects qualified and requested to go through QLPE review process (1) $250 per sheet (1) Includes only engineering drawing sheets. Does not include cover sheets, standard detail sheets & standard City notes. Fee includes subsequent reviews of drawings returned to the City as not meeting the IDEQ and/or (2) City requirements. 0 2007 Public Works Fee Update Proposal ASSESSMENT FEES • WASTEWATER Current Assessment Assessment Fee Fee Scheduled Update (Dates listed are last Update anticipated effective date) $2,226 $2,749 April -06 June -07 WATER February -06 By individual Proposed Current Assessment Assessment no change Fee Fee Current $1,463 $1,794 April -06 June -07 Pressurized Irrigation Assessment for Secondary Connection $449 $525 May -06 June -07 WATER & SEWER RATES Proposed Scheduled Update (Dates listed are last Update anticipated effective date) Private Sewer System Review $1,000 no change February -06 By individual Scheduled Update Private Lift Station O&M agreement no change (hates fisted are WATER Current Proposed May -06 anticipated effective date) Base (Administrative) Fee: $3.73 $4.04 June -06 June -07 Use Charge (per 1000 gallons): $1.05 $1.39 June -06 June -07 WASTEWATER Current Proposed no change May -06 Base (Administrative) Fee: $4.37 $4.74 June -06 June -07 Use Charge (per 1000 gallons): $2.99 $3.04 June -06 June -07 MISCELLANEOUS WASTEWATER AND WATER CHARGES Wastewater Current Proposed Scheduled Update (Dates listed are last Update anticipated effective date) Private Sewer System Review $1,000 no change February -06 By individual Private Lift Station O&M agreement no change May -06 Septage Dump, per 1000 gallons $48.00 no change May -06 Water Current Proposed Last Update Meter Adapter Kit $80 no change May -06 Meter MXU Transmitter $85 no change May -06 (1) Meter Adapter Kit $80.00 no change May -06 (2) Meter MXU Transmitter $85.00 no change May -06 (3) Meter MXU for 1 -in & larger meters $144.00 no change May -06 3/4 inch meter $146.00 no change May -06 1 inch meter $183.00 no change May -06 1 1/2 inch meter $399.00 no change May -06 2 inch meter $542.00 no change May -06 3 Inch meter $1,058.00 delete Mayos June -07 4 inch turbo meter $2,052.00 no change May -06 4 inch compound $2,884.00 no change May -06 (1) Required on some commercial projects when developer's engineer/architect specifies a larger meter setter than the meter that is Initially required. For example, a 2 -Inch setter is specified and a 2 -in meter will be used when the project is built -out. However, only a 1 1/2 -inch meter is initially needed, requiring the adaptor kit the Water Division presently pays for. (2) Recovers cost of radio read transmitter unit on all new meters set. (3) Recovers full cost of a single MXU unit In situations where two meters cannot share a single meter vault. MXU units for most residential serve two meters serving ts houses • 0 Water System Repair Fees Current Proposed Last Update anticipated Scheduled Update (Dates listed are effective date) Private Water System Review $500 no change February -05 5/8 and 3/ Inch angle valves $15.00 no change May -06 Meter heads $72.00 no change May -06 5/8 x 3% inch meter $119.00 no change May -06 % inch meter $146.00 no change May -N 1 inch meter $183.00 no change May -06 1 % inch meter $399.00 no change May -08 2 inch meter $542.00 no change May-" 3 Inch meter $1,058.00 delete May -06 June -07 4 Inch turbo meter $2,052.00 no change May -06 4 inch compound $2,884.00 no change May -06 Padlock $4.35 no change May -06 X43 meter lid $93.00 no change May46 Hydrant Meter $1,049.00 no change May -06 2 Inch Meter valve $79.00 no change May -06 Swivel Adaptor $91.00 no change May -06 1 1/2 to 2 inch adaptor $80.00 no change May -06 384 Freeze Plates $6.11 no change May -06 Single port MXU $129.00 no change May -06 Dual port MXU $150.00 no change May -06 Touch coupler extension cable $16.00 no change May -06 Truck fee (per trip) $25.00 no change May -06 Equipment (backhoe or dump truck) $25.00 no change May -06 Meter lockout if illegal tum -on $50.00 no change May -06 Hourly charge, service call $35.00 no Grange May -06 Meter reinstall fee (does not include actual meter) $20.00 no change May -06 Hydrant meter, daily rental $2.50 $5.00 May -06 June -07 Engineering/Deve/opment Services QNQC Plan Review Fee Applies to all subdivision projects and commercial projects with public water or sewer mains. Subdivisions Current Proposed Last Update 0 to 50 building lots: $100 51 to 100 building lots: $175 Delete and replace with QLPE Review More than 100 building lots: $250 Fees Commercial $50 per project Qualified Licensed Professional Engineer (QLPE) Review Proposed All subdivision and commercial projects qualified and requested to go through QLPE review process (1) $250 per sheet (1) Includes only engineering drawing sheets. Does not include cover sheets, standard detail sheets & standard City notes. Fee includes subsequent reviews of drawings returned to the City as not meeting the IDEQ and/or (2) City requirements. June 1, 2007 RZ 07-006 MERIDIAN CITY COUNCIL MEETING June 5, 2007 APPLICANT J.E. Development, LLC ITEM NO. 17 REQUEST Continued Public Hearing from May 22, 2007 — 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 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 Project Graphics COMMENTS See Previous Item Packet / Minutes See attached Recommendations Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. June 1, 2007 MERIDIAN CITY COUNCIL MEETING June 5, 2007 CUP 07-05 APPLICANT J.E. Development, LLC ITEM NO. 18 REQUEST Continued Public Hearing from May 22, 2007 -- 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: See attached Project Graphics Contacted: Emalled: COMMENTS See Previous Item Packet / Minutes See attached Recommendations Date: Phone: Staff Initials: Materials presented at public meetings stall become property of the City of Meridian. June 1, 2007 MERIDIAN CITY COUNCIL MEETING June 5, 2007 APPLICANT City of Meridian Parks & Rec Department ITEM NO. 19 REQUEST Public Hearing - Request to amend the Comp Plan Future Land Use Map by adding and amending pathway locations for the Pathway Comprehensive Pian Amendment 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 P&Z Item Packet / Minutes See attached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shcU become properly of the City of Meridian. June 1, 2007 MERIDIAN CITY COUNCIL MEETING June 5, 2007 VAR 07-009 APPLICANT Strada Commercial, LLC ITEM NO. 21 REQUEST Public Hearing - Variance for location of the subdivision identification sign away from the subdivision entrance for Strada BOW= Business Park - NWC of South Meridian Road and West Victory 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 Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See attached Comments NAMPA MERIDIAN IRRIGATION: See attached Comments SETTLERS IRRIGATION: ITD Comments See attached Comments 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 1, 2007 AZ 07-005 MERIDIAN CITY COUNCIL MEETING June 5, 2007 APPLICANT Thomas & JoAnn Host ITEM NO. 22 REQUEST Public Hearing — 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 Most Property 1205 West Overland 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 attached PBZ ftem Packet / Minutes See attached Recommendations See attached Comments Contacted: Date: Phone: Emailed: Staff initials: Materials presented at public meetings shall become property of the Clay of Meridian. June 1, 2007 AZ 07-004 MERIDIAN CITY COUNCIL MEETING June 5, 2007 APPLICANT Ruby / Edwards Architecture & Design ITEM NO. 23 REQUEST Public Hearing - Request for Annexation and Zoning of 2.48 acres from RUT to L -O zone for Locust Grove Professional 001ce 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: Contacted: Emailed: COMMENTS See attached P&Z Item Packet / Minutes See attached Recommendations Date: Phone: Staff Initials: Materials presented at public meetings shag become property of the City of Meridian. June 1, 2007 AP 07-003 MERIDIAN CITY COUNCIL MEETING June 5, 2007 APPLICANT Dale Lindley ITEM NO. 24 REQUEST Public Hearing - City Council Review of an Appeal of the Director's Determination to deny a request for a wholesale trade (food broker) use in an L -O zone for Main Street Marketing - 3723 N. 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. No Comments CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: See attached SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Lefter from Dale Lindley & Hanz Schautz Contacted: Emailed: Date: Phone: _ Staff initials: Materlob presented at puboc meetings shag become properfy of the Coy of Meridian. June 1, 2007 PP 07-009 MERIDIAN CITY COUNCIL MEETING June 5, 2007 APPLICANT Touchmark of the Treasure Valley, LLC ITEM NO. 25 REQUEST Public hearing - Request for Preliminary Plat approval of 52 residential lots, 2 office/commercial lots and 10 common lots on 19.80 acres in an L•O zone for Nleadowlake Village North - southeast comer of Franklin Rd & Touchmark Way 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 Revised Plat See atfached PAY Item Packet / Minutes See attached Itecommendatiom Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. June 1, 2007 CUP 07-008 MERIDIAN CITY COUNCIL MEETING June 5, 2007 APPLICANT Touchmark of the Treasure Valley, LLC ITEM NO. 26 REQUEST Public Hearing — Request for a Conditional Use Permit approval to create 52 residential lots, 2 office/commercial lots and 10 common lots in an L -O zone for Meadowlake Village North — southeast comer of Franklin Rd & Touchmark Way 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 Revised Plat COMMENTS See attached P&Z Item Packet / Minutes See attached Recommendations Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City or Meridian. June 1, 2007 MERIDIAN CITY COUNCIL MEETING June 5, 2007 APPLICANT Touchmark of the Treasure Valley, LLC ITEM NO. 27 REQUEST Public Hearing - Variance to the UDC 11 -6C -3B4 which limits cul-de-sacs to a maximum of 450 feet for Meadowlake Wilage North - SEC of Franklin Road and Touchmark Way 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 a#ached Request to HRthdrawl COMMENTS See aftched Staff Comments No Comments Contacted: Date: Phone: Emailed: Staff Initials: Materiais presented at public meetings shag become property of the City of Meridian. June 1, 2007 MI 07-006 MERIDIAN CITY COUNCIL MEETING June 5, 2007 APPLICANT Touchmark of the Treasure Valley, LLC ITEM NO. 28 REQUEST Public Hearing - Miscellaneous application to amend the previously approved Development Agreement for Touchmark Living Center (AZ "-021) by amending the approved phase boundaries & various ether provisions for Meadowlake Village North - SEC of Franklin Road and Touchmark Way 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 attached Staff Comments No Comment Date: Phone: Staff Initials: Moterbls presented at public meetings shall become property of the City of Meddlan. 0 0 June 1, 2007 AZ 06-020 MERIDIAN CITY COUNCIL MEETING June 5, 2007 APPLICANT Northwest Pipeline Corp. ITEM NO. 29 REQUEST Amended Ordinance No. 07-1239 A — Request for Annexation and Zoning of 4.65 acres from RUT to a C -G zone for Williams Pipeline — 1301 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 aitached Date: q vi Phone: 3y>- s grits ' M Staff Initials: 4& Materials presented at public meefts shall become property of theCity of Meridian. ADA COUNTY RECORDER ' VID NAVARRO AMOUNT .00 BOISE IDAHO 06/14101 Of.. rM DEPUTY Allen RECORDED -REQUEST OF II I I I II II IIII II II III I I I II I II I III I I III CIV o1 Meridian 107085121 CITY OF MERIDIAN ORDINANCE NO. 07-1239 A BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN AMENDED ORDINANCE (AZ -06-020 WILLIAMS PIPELINE ANNEXATION) FOR ANNEXATION OF PROPERTY LOCATED IN THE SOUTHEAST'/ OF THE SOUTHEAST % OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO C -G (GENERAL 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 amended Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Williams Pipeline, LLC. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to C -G (General Commercial District) 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 annex and zone said property. AMENDED ORDINANCE 07-1239 A Page 1 of 3 ANNEXATION OF AZ -06-020 WILLIAMS PIPELINE SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this amended ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This amended 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 amended 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 Amended 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 ofy , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, ��' this day of cT�-�-- , 2007. AMENDED ORDINANCE 07-1239 A Page 2 of 3 ANNEXATION OF AZ -06-020 WILLIAMS PIPELINE WILLIAM G. BERG, STATE OF IDAHO, ) : ) ss County of Ada ) On this day of� � , , 2007, before me, the undersigned, a Notary Public in and for said State, personally 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. 4 ""nA � An - NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRE : -1 AMENDED ORDINANCE 07-1239 A Page 3 of 3 ANNEXATION OF AZ -06-020 WILLIAMS PIPELINE ELSENGEBRITSONLAND SURVEYS, lNC. 2251 S. Sumac Street, Boise, Idaho 83706 February 24, 2006 Revised December 21, 2006 ELS Project No. 250880 Northwest Pipeline Corporation 1301 S. Locust Grove Road Ada County Assessor's Number S1118449200 Contains 4.69 acres +/- Telephone (208) 859-6032 Fax (208) 383-0892 EXHIBIT W A tract of land situated within a portion of the Southeast'/ of the Southeast'/ of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and described as follows: Commencing at the Southeast comer of said Section 18 from which the East % of said Section bears North 000-31'-32° East a distance of 2659.40 feet, thence northerly along the easterly line of said Southeast % of the Southeast'/ of Section 18 North 00* -31-32" East a distance of 370.46 feet to the POINT OF BEGINNING. Thence leaving said easterly line North 890-26-W West a distance of 54.00 feet to a found steel pin on the westerly rights-of-way line of South Locust Grove Road; Thence continuing North 89°-26-56° West a distance of 70.41 feet to a found steel pin; Thence North 42040'-27" West a distance of 166.27 feet to a found steel pin; Thence North 32' 23'-11" West a distance of 310.32 feet to a found steel pin; Thence North 000AV- 0° West a distance of 237.64 feet to a found skeet pin; Thence North 89°-40'-16" East a distance of 321.90 feet to a point on said westerly rights-of-way line; Thence continuing North 89'40'-16° East a distance of 89.09 feet to a point on said easterly fine; Thence southerly along said easterly line South 00°-31-32° West a distance of 626.48 feet to the POINT OF BEGINNING. The above-described tract of land contains 4.69 acres or 204,119 square feet more or less and is subject to all existing easements and rights-of-way. See Exhibit W attached hereto 0.3 A� frT 8 7 9 OF Of. C:1EL.SIPROJECTS126010061ADMIMLEGALSW"SED 122106 2601006 ANNEX DESCRIPTION 022506 .DOC od O Q oQ1 U U� LL- C) tJ O Q z W Q W W - W W m W W~ O W z0 oz tiQ o= Q � O Zz WV) L Q O I N ,66*01t, 3 „91,0.6.69 N ® , Os 1 z� a .60'69 W Clq I� N Io I o O' O d� O z t � 0 n U_ Lu LL: En WWW C�tn r_ W opo c Q d �3 ��Lo V) q' !0 o= �i N W �® Lu ad O OO N z co o � Q �/ 1 N /tl co a, cam. .9 O-Q-�® C rn Q C)~Ol 00 `i n p "ON"166 2 M"99,4 -69N It, --ke l 1001,, I co ®U (7Aff7d3AO '3 18 19 r� L9 20 Z J O m Q U NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN AMENDED ORDINANCE NO. 07-1239 A PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Amended Ordinance of the City of Meridian granting annexation and zoning for land located in the Southeast 1/4 of the Southeast 1/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 4.65 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the day of �"• 9� , 2007. Mayor and City Council of Me City of Meridian By: William G. Berg, Jr., City Clerk First Reading: d f �✓� 7 Adopted after first read' by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF AMENDED ORDINANCE NO. 07-1239 A The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Amended Ordinance No. 07-1239 A 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 5ra day of �� 'ems , 2007. William. L.M. Nary, City Atto ORDINANCE SUMMARY AMENDED 07-1239 A AZ -06-020 WILLIAMS PIPELINE ANNEXATION Page 1 of 1 0 • June 1, 2007 AZ 06-057 MERIDIAN CITY COUNCIL MEETING June 5, 2007 APPLICANT Heron River Development, LLC ITEM NO. 30 REQUEST Amended Ordinance No. 07-1314 — Request for Annexation and Zoning of 9.91 acres from RUT to an R-15 zone for Jericho Subdivision — 6055 & 6185 North Jericho 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: COMMENTS See aftache d amended ordinance NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted Date4. Phone: Emailed: `e S - b-Vcn�, St In als: y Matedab proser►tod at pWft mooM l atwll become property of #w City of Meddkm ADA COUNTY RECORDER J. � BOISE IDAHO 06/14107 01:21 DEPUTY Vicki Allen RECORDED -REQUEST OF City of Meridian -1 NAVARRO AMOUNT .00 CITY OF MERIDIAN ORDINANCE NO. 07-1314 A 107085122 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN AMENDED ORDINANCE (AZ -06-057 JERICHO SUBDIVISION) FOR ANNEXATION OF PROPERTY BEING LOCATED IN THE EAST % OF THE NW 1/ OF THE NE % OF SECTION 30, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN, ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R4 (MEDIUM -LOW DENSITY RESIDENTIAL) AND R-15 (MEDIUM-HIGH DENSITY RESIDENTIAL) 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 annexation and re -zoning by the owner of said property, to -wit: Heron River Development, LLC and Wirt Edmonds. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-4 (Medium -Low Density Residential) and R-15 (Medium -High Density Residential), 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 annex and zone said property. ANNEXATION OF AZ -06-067 JERICHO SUBDIVISION Page 1 of 3 SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This amended 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 cA-0 e , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ' day of -- , 2007. 1�dMY de VMERD ANNEXATION OF AZ -06-067 JERICHO SUBDIVISION Page 2 of 3 ATTEST: WILLIAM G. BERG, JR., CITY STATE OF IDAHO, ) ss. County of Ada ) T 1 ,t\ /'///f'1ftifPP94fx§h4t4ih&i On this 51h day of MCC-, , 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. •°°Name°• (SEA4' V �04AR A. ••�• 4 Z • PLloX Ja-xI a-n-A1j1 NOTARY PUBLIC FOR IDAHO RESIDING AT: C a I Ci i uC C MY COMMISSION EXPIRES: IL -11-1 ANNEXATION OF AZ -06-067 JERICHO SUBDIVISION Page 3 of 3 Professional Land Surveyors — BASIS OF BEARING _ N 89'51'47" W 2633.96' S.19 1/4 E. CHINDEN BOULEVARD S.19 S.20 E 1/16 S.30 1316.96' 1316.99' S.30 S.29 0 Q O 1n o OF MEq\DVA C1� � 0 G� S 89'44'11" E 641.54' z SCALE 1 "=200' DMDATE 09/14/06 bkb Paw. N0. 51221 SHEET 1 of 1 I REV1?p)0VAL BY - OCT 1 g M WI� WORKS DEPT -rmm Me. S 89'58'29" W 659.32' C1 -N OF 9000A CURVE TABLE CURVE RADIUS LENGTH CHORD DIST. CHORD BRG. DELTA Cl 20.00 31.40 28.27 N 45'17'08" E 89'57'32° JERICHO SUBDIVISION PROPOSED MERIDIAN ANNEXATION LOCATED IN THE NE 1/4 OF SECTION 30, TAN., R.1E., B.M. MERIDIAN, ADA COUNTY, IDAHO � CV Q O Of N O r7 2 U W Z I N O O O V) OD N POA coVNv 1/16 REAL POINT OF BEGINNING ENGINEERING SOLUTIONS,, 150 E. AMENS STREET, SUITE B EAGLE, IDAHO 83616 Phone (206) 938-0980 I= (208) 938-0941 51221-R4.DOC Professional Land Surveyors (BASIS OF BEARING) 19 OL 1/4 N 89'51'47" W 2633.96' 30 E. (HINDEN BOULEVARD E 1/16 19 1316.99' 30 R.P.O.B. - ZONE R-15 - _ _ 504.32' S 8958'29" W CURVE TABLE CURVE RADIUS LENGTH ,s I CHORD BRG. DELTA Cl 20.00 31.40 28.27 1 N 451708" E 89'57'32" I� Z S 89'44'11" E dN 486.54' 155.00' 0) c� I 0� z wl NO W �i Q= io _ 1M 10n PROPOSED n o w = R-15 ZONE o 0 fO N O �- OI ZI I ZI I I R.P.O.B. - ZONE R-15 - _ _ 504.32' S 8958'29" W CURVE TABLE CURVE RADIUS LENGTH CHORD DIST. I CHORD BRG. DELTA Cl 20.00 31.40 28.27 1 N 451708" E 89'57'32" SCALE 1"=200' ZONE AREAS DWG.DATE 01/18/07 bkb PROJ. N0. 51221 JERICHO SUBDIVISION SHEET 1 OF 1 LOCATED IN THE NW 1/4 OF THE NE 1/4 SECTION 30, 14N., R.1 E., B.M. /51221-ZONING.DWG MERIDIAN, ADA COUNTY, IDAHO NE 1/16 RENT ROVAL BY JAN 1 13 2007 M WORIC KS DEPT. 29 0 c� J Z 1029 N. ROSARIO ST. STE 100 MERIDIAN, IDAHO 83616 Phone (2D8) 938-0980 Fax (208) 938-0941 51221-R15.DOC Professional Land Surveyors 19 1/4 30® (BASIS OF BEARING) N 89'51'47" W 2633.96' _ — E CHINDEN BOULEVARD E 1/16 1316.99' R.P.O.B. - ZONE R-15 504.32' _ _ S 89'58'29" W CURVE TABLE CURVE IRADILISILENGTHI CHORD DIST. I CHORD BRG. DELTA C1 1 20.00 1 31.40 1 28.27 1 N 407'08" E 89'57'32" I� z S 8944'11" E 486.54' _ 1 155.00' M b) rel to ml co z 0 I ml l3 W tr io PROPOSED rn o ^ o w N R-15 ZONE o O a o �- al z) CIE l z) l l R.P.O.B. - ZONE R-15 504.32' _ _ S 89'58'29" W CURVE TABLE CURVE IRADILISILENGTHI CHORD DIST. I CHORD BRG. DELTA C1 1 20.00 1 31.40 1 28.27 1 N 407'08" E 89'57'32" SCALE 1 "=200' ZONE AREAS DWG -DATE 01/18/07 bkb PROJ. N0. 51221 JERICHO SUBDIVISION SHEET 1 OF 1 LOCATED IN THE NW 1/4 OF THE NE 1/4 SECTION 30, T.4N., R.1 E., B.M. 51221-ZONING.DWG MERIDIAN, ADA COUNTY, IDAHO NE 1/16 19 30 29 R 0 59 J Z BYE �ROVAL JAN 13 260? MERIDIAN PUBLIC WORKS DEPT. 1029 N. ROSARIO ST. STE 100 MERIDIAN, IDAHO 83616 Phone (208) 938-0980 Fax (208) 938-0941 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 07-1314 A PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land being located in the East %2 of the NW 1/ of the NE 1/ of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 9.91 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the day of 2007. Mayor and City Coundf of the Cit2'of ian By: William G. Berg, Jr., City Cl&k zllj - First Reading: Adopted after first reading by susil-ensi f the Rule as allowed pursuant to Idaho Code 50-902: YES NO NCP Second Reading: '— Third Reading: i,,//1j11)II I1f111��\\\\ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 07-1314 A 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. 07-1314 A 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 2 'day of Vo& , 2007. William. L.M. Nary, City Attorne ORDINANCE SUMMARY — AZ -06-067 JERICHO SUBDIVISION Page 1 of 1 PoSt-�'cy PuWrc Naitc-P--1ho*cCi j CITY OF C"4 I I I v7ila 1D ).1 s 0d Fc41 V CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, June 5, 2007 at 7:00 p.m. `Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll -call Attendance: David Zaremba Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Bishop John Wheeler of the Paramount Ward of the Church of Jesus Christ of Latter-day Saints: 4. Adoption of the Agenda: 5. Award of City of Meridian Scholarships: 6. Consent Agenda: A. Tabled from May 22, 2007: Resolution No. - Adoption of Records Retention Schedule: Table to July 3, 2007 B. Approve Minutes of May 8, 2007 Pre -Council Meeting: C. Approve Minutes of May 15, 2007 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Approval: 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 Meeting Agenda — June 5, 2007 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 . E. License Agreement with Nampa Meridian Irrigation District for Pathway Agreement for Spring Creek Subdivision: F. Cooperative Agreement with Briahton Corporation for Water Improvements in Coordination with Brighton Corporation Project Intersection Meridian Road and McMillan Road: G. Contract for the Storm Water Mal and Caldwell. Inc. for $39,700.00: H. Amendment to Roster of Qualified Consultants for Engineering Services for Water, Wastewater and Miscellaneous Public Works Projects: I. First Amendment to Agreement for Professional Services with Kay Frances Company: J. Approval of Bid for Water and Sewer Improvements in Conjunction with the Intersection of Meridian and McMillan Roadway Prosect to Brighton Corporation: K. Contract Chanae Order for Adventure Island Splash Pad Installation with Haemker General Contracting: L. Approve New Beer $ Wine License for Ustick Chevron LLC by Steve Eddy located at 770 West Ustick Road: 7. Department Reports A. Mayor's Office 1. Appointments to the Parks and Recreation Commission: B. Public Works Department 1. Budget Amendment for GIS Consulting Services: 2. Request for Waiver of City Services Hook -Up Requirements for Tricia Donoghue with the Treasure Valley Veterinary Hospital at 2600 South Meridian Road: C. Fire Department 1. Donation to the Fire Department from the "Light My Fire Organization": D. Legal Department 1. Discussion of Adult Business License Ordinance: Meridian City Council Meeting Agenda — June 5, 2007 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 . 8. Items Moved from Consent Agenda: 9. FP 07-013 Request for Final Plat approval of 6 commercial building lots on 8.06 acres in a C -G zone for Medina Subdivision by Ken Lenz and Jeff Huber of White -Leasure Development Company — Southwest Comer of Meridian Road and Overland Road: 10. FP 07-014 Request for Final Plat approval of 124 single-family building lots and 12 common lots on 24.8 acres in R-8 and TN -R zones for Cavanaugh Subdivision No. 1 by Kastera Development, LLC — Southwest Comer of Meridian Road and Victory Road: 11. FP 07-015 Request for Final Plat approval of 48 single-family building lots and 7 common lots on 13.56 acres in an R-8 zone for Milford Creek West Subdivision by H&B Associates, LLC — South of East McMillan and west of North Eagle Road: 12. Tabled from May 15, 2007: FP 07-012 Request for Final Plat approval for 52 single-family residential building lots, 6 commercial lots, and 8 common lots on 27.36 acres in R-8, R-15, and C -G zones for Bienville Square Subdivision by Red Cliff Development — 2935 North Eagle Road: 13. Continued Public Hearing from May 15, 2007: 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): 14. Continued Public Hearing from May 15, 2007: 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): 15. Continued Public Hearing from May 22, 2007: For the Purpose of Reviewing and Considering Fee Changes authorized in Title 9, Chapter 1 Water Use and Service, and Title 9, Chapter 4 Sewer Use and Service of Meridian City Code including Proposed Changes to water and wastewater assessment, water meters and appurtenances, water system itemized damage fees, and water and sewer user rates: 16. Tabled from May 22, 2007: Resolution No. Public Works Rate Change: Meridian City Council Meeting Agenda — June 5, 2007 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 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: 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 R-15 zone for Bellabrook by J.E. Development, LLC — 300 South Locust Grove Road: 19. Public Hearing: CPA 07-003 Request to amend the Comprehensive Plan Future Land Use Map by adding and amending pathway locations for the Pathways Comprehensive Plan Amendment by the City of Meridian Parks and Recreation Department: 20. Public hearing: Parks Master Pathway Plan: 21. Public Hearing: 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: 22. Public Hearing: 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: 23. Public Hearing: 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: 24. Public Hearing: AP 07-003 Request for City Council Review of an Appeal of the Director's Determination to deny a request for a wholesale trade (food broker) use in an L -O zone for Main Street Marketing by Dale Lindley - 3723 North Locust Grove Road: 25. Public Hearing: PP 07-009 Request for Preliminary Plat approval of 52 residential lots, 2 office/commercial lots and 10 common lots on 19.80 acres in an L -O zone for Meadowlake Village North by Touchmark of the Treasure Valley, LLC — Southeast Comer of Franklin Road and Touchmark Way: 26. Public Hearing: CUP 07-008 Request for a Conditional Use Permit approval to create 52 residential lots, 2 office/commercial lots and 10 common lots in an L -O zone for Meadowlake Village North by Meridian City Council Meeting Agenda — June 5, 2007 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Touchmark of the Treasure Valley, LLC — Southeast Comer of Franklin Road and Touchmark Way: 27. Public Hearing: VAR 07-008 Request for a Variance to UDC 11-6C-364 which limits cul-de-sacs to a maximum of 450 feet for Meadowlake Village North by Touchmark of the Treasure Valley, LLC — Southeast Comer of Franklin Road and Touchmark Way: 28. Public Hearing: MI 07-006 Request for a Miscellanous application to amend the previously approved Development Agreement for Touchmark Living Center Annexation (AZ 99-021) by amending the approved phase boundaries and various other provisions for Meadowlake Village North by Touchmark of the Treasure Valley, LLC — Southeast Comer of Franklin Road and Touchmark Way: 29. Amended Ordinance No. 07-1239 A: AZ 06-020 Request for Annexation and Zoning of 4.65 acres from RUT to a C -G zone for Williams Pipeline by Northwest Pipeline Corporation — 1301 Locust Grove Road: 30. Amended Ordinance No. 07-1314 A: AZ 06-057 Request for Annexation and Zoning of 9.91 acres from RUT to an R-15 zone for Jericho Subdivision by Heron River Development, LLC — 6055 & 6185 N. Jericho Road: Meridian City Council Meeting Agenda — June 5, 2007 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.