HomeMy WebLinkAbout2007-11-270
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CITY COUNCIL REGULAR
MEETING AGENDA
City Council Chambers
33 East Idaho Avenue, Meridian, Idaho
Tuesday, November 27, 2006 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 Pastor Shawn Ragan with Church of God
Seventh Day:
4. Adoption of the Agenda: 01yr.,P v -e_ !</j { Ch'
5. Consent Agenda: k'o C/2-
A.
ti
A. Approve Minutes of November 7, 2007 City Council Regular
Meeting: aj�ql.?ry 'C_.o
B. Tabled from October 23,2007: Addendum to Development
Agreement: AZ 05-066 Request for Annexation and Zoning of .50
acres from R-12 to C -G zone for Meridian Veterinary Clinic by
Architecture Northwest – 415 West Franklin Road: off V%C..
C. Grant of Easement to Idaho Power Company for Installation
and Perpetual Use of a 15 foot by 60 foot strip of Land Located
within Heroes Park:p�,,o
D. License Agreement with Nampa Meridian Irrigation District for
McNelis Subdivision: 4A1'9V*e.-
Meridian City Council Meeting Agenda — November 27, 2007 Page 1 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
E. Approve Lift Station / Force Main Easement Agreement for
Tricia's Crossing Bud for "Autumn Fair Lift Station": move .
F. Task Order 0730 with Civil Survey Consultants Inc for Bower
Street Water Main Improvements Design for an Amount not to
exceed $8,320: coma~
G. Task Order 2 Aareement for Professional Services with Hydro
Logic for Engineering Consulting Services Regarding
Municipal Water Supply Well Evaluation and Rehabilitation for
a Cost Not to Exceed $25,000: a?l"V%4-
H. Streetlight Agreement for Zebulon Heights No 2 by Traditions
by Amyx II: �„,..��
6. Department Reports:
A. Parks Department
1. Park Development, Park Impact Fee Reimbursement,
and Real Property Conveyance Agreement with the City
of Meridian and Tuscany Development. Inc for Messina
Meadows Park:y'i'�'pu►c_.
2. Budget Amendment Request ;;UZ11*-0
ssina Meadows
Park: 0 i� ,,,,
7. Items Moved from Consent Agenda:
8. FP 07-035 Request for Final Plat approval for 4 commercial building lots
on 4.91 acres in a C -G zone for Kelly Creek Commercial Subdivision by
Blackhawk / Meridian, LLC — NWC of Linder Road and McMillan Road: c��rrnc
9. FP 07-036 Request for Final Plat approval for 11 commercial building lots
and 2 common lots on 26.38 acres in an I -L zone for Kennedv
Commercial Center, by DBSI Meridian, LLC —1250 W. Overland Road:
10. Public Hearing: AP 07-009 Request for City Council Review of an
Appeal of the Planning and Zoning Commission's approval of the Se_ Iwav
Apartments (CUP 07-016) by Glen Tiderman and Tracy Fries — west of
Goddard Creek Way, north of McMillan Road and east of Ten Mile Road:
66-, hftt-- !Z—!0 -v7 C/A, A. -r' 9xecrT c. 4,dry
11. Ordinance No. 07-1342 An Ordinance to Amend the
Municipal Code of the City of Meridian, County of Ada, State of Idaho,
Meridian City Council Meeting Agenda — November 27, 2007 Page 2 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Amending Title 10, Chapter 7, Exhibit A, Meridian City Code, Known
as the Meridian Impact Fee Ordinance Fee Schedule; to Provide for
an Amendment to the Parks & Recreation Impact Fee Schedule; and
Providing an Effective Date (2nd of 3 Readings):
2� ^-,0- /Z ewedih1
Meridian City Council Meeting Agenda — November 27, 2007 Page 3 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
CITY COUNCIL REGULAR
MEETING AGENDA
City Council Chambers
33 East Idaho Avenue, Meridian, Idaho
Tuesday, November 27, 2006 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 Pastor Shawn Ragan with Church of God
Seventh Day:
4. Adoption of the Agenda:
5. Consent Agenda:
A. Approve Minutes of November 7, 2007 City Council Regular
Meeting:
B. Tabled from October 23, 2007: Addendum to Development
Agreement: AZ 05-066 Request for Annexation and Zoning of .50
acres from R-12 to C -G zone for Meridian Veterinary Clinic by
Architecture Northwest — 415 West Franklin Road:
C. Grant of Easement to Idaho Power Company for Installation
and Perpetual Use of a 15 foot by 60 foot strip of Land Located
within Heroes Park:
D. License Agreement with Nampa Meridian Irrigation District for
McNelis Subdivision:
Meridian City Council Meeting Agenda — November 27, 2007 Page 1 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
0
E. Approve Lift Station / Force Main Easement Agreement for
Tricia's Crossing Bud for "Autumn Fair Lift Station":
F. Task Order 0730 with Civil Survey Consultants, Inc for Bower
Street Water Main Improvements Design for an Amount not to
exceed $8,320:
G. Task Order 2 Agreement for Professional Services with Hydro
Logic for Engineering Consulting Services Regarding
Municipal Water Supply Well Evaluation and Rehabilitation for
a Cost Not to Exceed $25,000:
H. Streetlight Agreement for Zebulon Heights No 2 by Traditions
by Amyx II:
6. Department Reports:
A. Parks Department
1. Park Development, Park Impact Fee Reimbursement
and Real Property Conveyance Agreement with the City
of Meridian and Tuscany Development, Inc for Messina
Meadows Park:
2. Budget Amendment Request for Messina Meadows
Park:
7. Items Moved from Consent Agenda:
8. FP 07-035 Request for Final Plat approval for 4 commercial building lots
on 4.91 acres in a C -G zone for Kelly Creek Commercial Subdivision by
Blackhawk / Meridian, LLC — NWC of Linder Road and McMillan Road:
9. FP 07-036 Request for Final Plat approval for 11 commercial building lots
and 2 common lots on 26.38 acres in an I -L zone for Kennedy
Commercial Center by DBSI Meridian, LLC —1250 W. Overland Road:
10. Public Hearing: AP 07-009 Request for City Council Review of an
Appeal of the Planning and Zoning Commission's approval of the Selway
Apartments (CUP 07-016) by Glen Tiderman and Tracy Fries — west of
Goddard Creek Way, north of McMillan Road and east of Ten Mile Road:
11. Ordinance No. 07-1342 An Ordinance to Amend the
Municipal Code of the City of Meridian, County of Ada, State of Idaho,
Meridian City Council Meeting Agenda — November 27, 2007 Page 2 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Amending Title 10, Chapter 7, Exhibit A, Meridian City Code, Known
as the Meridian Impact Fee Ordinance Fee Schedule; to Provide for
an Amendment to the Parks & Recreation Impact Fee Schedule; and
Providing an Effective Date (2nd of 3 Readings):
Meridian City Council Meeting Agenda — November 27, 2007 Page 3 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
0 0
Meridian City Council Meeting November 27, 2007
A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday,
November 27, 2007, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Joe Borton
and David Zaremba.
Others Present: Bill Nary, Will Berg, Anna Canning, Bob Stowe, Ron Anderson, Kyle
Radek, Steve Siddoway, Keith Watts, and Dean Willis.
Item 1: Roll -call Attendance:
Roll call.
X David Zaremba X Joe Borton
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
De Weerd: I will go ahead and call this meeting to order. We'd like to think that you're
here just to see us, but we know that you're all here for a special reason and welcome.
We appreciate you joining us here tonight. I will go ahead start tonight's meeting. For
the record it is Tuesday, November 27th, at 7:00 o'clock. We will start tonight's meeting
with roll call attendance.
Item 2: Pledge of Allegiance:
De Weerd: Item No. 2 is the pledge of allegiance. Please rise and join us in the pledge.
(Pledge of allegiance recited.)
Item 3: Community Invocation by Pastor Shawn Ragan with Church of God
Seventh Day:
De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor
Shawn Ragan and he is with the Church of God Seventh Day. If you will all join us in
the community invocation or take this as an opportunity for a moment of reflection.
Pastor.
Ragan: Madam Mayor, Members of the Council, shall we pray? Oh, God, our
Heavenly Father, who loveth mankind and are most merciful and compassionate, Lord,
have mercy on our city and on our Mayor and City Council. Direct them in the path that
you would have them walk according to your will for our city and our communities. Give
them wisdom in the decisions they make tonight and guide them all and all of those who
Meridian City Council
November 27, 2007
Page 2 of 76
serve on our behalf throughout this week, that they may accomplish the tasks set before
them. Be mindful, oh Lord, of our police and fire departments. Protect them and keep
them from harm's way as they work to protect us. Be with each officer as they work to
keep us safe. Be mindful, oh Lord, of all those who are in need in our communities, the
sick and the dying, the hungry and the poor. Help us to reach out in Christian love to
each person in Meridian, especially those who are struggling. Be mindful, oh Lord, of
our armed forces, both those serving at home and abroad. Protect them as they serve
our country and keep us safe from those who seek to harm us. We thank you, our
Father, for all that you do. For your great love and mercy and we ascribe all glory and
honor to your holy name, of the Father and the Son and Holy Spirit, amen. Thank you.
Item 4: Adoption of the Agenda:
De Weerd: Thank you. Item No. 4 is adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Believe it or not, I move that we approve the agenda as published.
Rountree: Second.
De Weerd: I have a motion and a second to approve the agenda as published. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda:
A. Approve Minutes of November 7, 2007 City Council Regular
Meeting:
B. Tabled from October 23,2007: Addendum to Development
Agreement: AZ 05-066 Request for Annexation and Zoning of .50
acres from R-12 to C -G zone for Meridian Veterinary Clinic by
Architecture Northwest — 415 West Franklin Road:
C. Grant of Easement to Idaho Power Company for Installation
and Perpetual Use of a 15 foot by 60 foot strip of Land Located
within Heroes Park:
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Meridian City Council
November 27, 2007
Page 3 of 76
D. License Aareement with Nampa Meridian Irrigation District for
McNelis Subdivision:
E. Approve Lift Station / Force Main Easement Agreement for
Tricia's Crossing Bud for "Autumn Fair Lift Station":
F. Task Order 0730 with Civil Survey Consultants, Inc. for Bower
Street Water Main Improvements Design for an Amount not to
exceed $8,320:
G. Task Order 2 Agreement for Professional_ Services with Hydro
Logic for Engineering Consulting Services Regarding
Municipal Water Supply Well Evaluation and Rehabilitation for
a Cost Not to Exceed $25,000:
H. Streetlight Agreement for Zebulon Heights No. 2 by Traditions
by Amyx II:
De Weerd: Item 5 is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we approve the Consent Agenda, Items A through H, and for the
Mayor to sign and the Clerk to attest on all papers.
Rountree: Second.
De Weerd: We have a motion and a second to approve the Consent Agenda. If there
is no discussion, Mr. Berg, will you call roll.
Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Parks Department
2. Budget Amendment Request for Messina Meadows
Park:
Meridian City Council
November 27, 2007
Page 4 of 76
De Weerd: Under Department Reports, Item 6, we have Steve Siddoway with our parks
department.
Siddoway: I'll just come up to this mike to keep it moving.
De Weerd: Great idea.
Siddoway: Thank you. I'm pleased to be before you tonight. There is two items on the
Department Report. With your permission, I'll take the second item first, because I
believe we need to handle the -- the budget amendment first, as it affects the proposed
agreement. So, this is for the Messina Meadows Park, future name to be determined. I
know we discussed last week with the proposed name of Verona, which will be taken
back to the Commission next month, but that's the park we are talking about. What we
have out there is a park that's been under construction this summer and is now,
basically, at completion. The developer funded improvements for that park total just
over 1.4 million dollars and covers things including the land, the grading, the irrigation
system, grass, trees, walkways, fencing, the sewer and water service to the site and,
then, the sub base and curbing for the playground area. The items that we are -- as a
city are responsible for total 186,000 dollars -- just over that and cover the items such
as the restrooms, the playground equipment, basketball court, parking lot, swing set,
and the max com controller for the irrigation. In addition to that 186,000 dollars, we do
have 18,400 dollars worth of additional park amenities for picnic tables, garbage cans,
park signage, shelter installation and tot toys in the park and a ten percent contingency
on the amounts requested for those items to handle any increases that are unexpected.
So, just to do a rundown, the developer reimbursement is the 186,000 dollars. The
additional amenities for the parking lot -- parking -- I'm song. Additional amenities for
the picnic benches, garbage cans, things like that, were 18,000, plus the ten percent
contingency on just those items. The total needed would be just over 206,000 dollars.
We do have an existing budget of 166,000 dollars and a little bit that is already available
to us. It's not enough to cover the total amount in the park, leaving us a balance of just
under 40,000 dollars of additional funds needed in order to finish the park. Next slide.
So, I think that we are getting a fantastic value. Like I said, the developer donations to
this park are over 1.4 million. The total cost to the city, including the 39,000 dollars that
we are requesting as a budget enhancement, is just over 200,000 dollars, but we do
need that 39,848 dollars in order to pay back the developer for those items listed and to
finish the items in the park that are needed to complete it. And I will stand for any
questions.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: On the developer, wasn't that reimbursed through impact fees?
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Meridian City Council
November 27, 2007
Page 5 of 76
Siddoway: Correct.
Bird: Okay.
Siddoway: Yeah. This is an impact fee enhancement request.
Bird: Great. Thank you.
De Weerd: Council, any further questions?
Rountree: I have none.
De Weerd: Mr. Zaremba?
Zaremba: No. Madam Mayor, I move we approve the budget amendment request for
the to be named currently called Messina Meadows Park, for an amount not to exceed
39,848 dollars.
Bird: Second.
De Weerd: I have a motion and a second. Any discussion? Mr. Berg.
Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you.
1. Park Development, Park Impact Fee Reimbursement,
and Real Property Conveyance Agreement with the City
of Meridian and Tuscany Development, Inc. for Messina
Meadows Park:
Siddoway: The second item on the department report is the agreement that goes with
this. It does agree to, in short, reimburse the developer that exact amount for the
$186,402.88 for the items previously listed. Those obligations have been met and if
approved we will be reimbursing them here shortly. So, with that I'll stand for any
questions.
De Weerd: Council, any questions?
Bird: I have none.
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Meridian City Council
November 27, 2007
Page 6 of 76
De Weerd: Seeing none --
Zaremba: Does that need a motion? Madam Mayor?
De Weerd: Mr. Nary, does this need a motion?
Nary: Madam Mayor, yes, it does.
De Weerd: Okay.
Zaremba: Madam Mayor, I move we approve the park development impact fee
reimbursement that is Item 6-A-1 on our agenda.
Rountree: Second.
De Weerd: I have a motion and a second. If there is no discussion, Mr. Berg.
Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Siddoway: Thank you.
Borton: Thanks, Steve.
Item 7: Items Moved from Consent Agenda:
De Weerd: Thank you. There were no items moved from the Consent Agenda.
Item 8: FP 07-035 Request for Final Plat approval for 4 commercial building lots
on 4.91 acres in a C -G zone for Kelly Creek Commercial Subdivision by
Blackhawk / Meridian, LLC — NWC of Linder Road and McMillan Road:
Item 9: FP 07-036 Request for Final Plat approval for 11 commercial building lots
and 2 common lots on 26.38 acres in an I -L zone for Kennedy
Commercial Center by DBSI Meridian, LLC —1250 W. Overland Road
De Weerd: So I will move to Item No. 8 is FP 07-035. Anna.
Canning: Madam Mayor, Members of the Council, we have letters of agreement from --
for both final plats on your agenda tonight.
Meridian City Council
November 27, 2007
Page 7 of 76
De Weerd: Council, any further information needed on either eight or nine?
Rountree: I have none.
De Weerd: If none, do I have a motion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve FP 07-035 and FP 07-036.
Zaremba: Second.
De Weerd: I have a motion and a second to approve Items 8 and 9. If there is no
discussion, Mr. Berg, will you call roll.
Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 10: Public Hearing: AP 07-009 Request for City Council Review of an
Appeal of the Planning and Zoning Commission's approval of the Selway
Apartments (CUP 07-016) by Glen Tiderman and Tracy Fries — west of
Goddard Creek Way, north of McMillan Road and east of Ten Mile Road:
De Weerd: Item 10 is a Public Hearing on AP 07-009. I'll ask staff to introduce this,
then, we would give ten minutes to the appellant and five minutes to the project
applicant.
Canning: Madam Mayor, Members of the Council, I would think that five minutes
wouldn't be enough. I mean this hearing is a new hearing for the Council and it's -- the
project is a large project and would take, I would think, more than five minutes to
describe. I would hope that you could offer the applicant -- the original applicant at least
as much time as the appellant in this instance.
Nary: Madam Mayor, Members of the Council, certainly it's within the chair's discretion,
but I would agree with Mrs. Canning, it's a fairly lengthy -- both the appeal request and
the -- or the review request that's been made, as well as the project itself. So, it may
ultimately take ten or 15 minutes for each of the sides to begin their initial presentation,
not including the public testimony behind that.
De Weerd: Okay. Well, I will defer to Council. What is your desire?
Meridian City Council
November 27, 2007
Page 8 of 76
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would give them equal.
De Weerd: Okay.
Borton: Madam Mayor?
De Weerd: Yes, Mr. Borton.
Borton: Let's do 15 each.
De Weerd: Okay.
Borton: Make sure it gets covered.
Zaremba: Works for me.
De Weerd: You've got 15 minutes. That's all right. No, it doesn't. It's just the
presentation from each side and staff will introduce the project to begin with.
Canning: Thank you, Madam Mayor, Members of the Council. The project before you
tonight is the Selway Apartments. It's located on the west side of North Goddard Creek
Way, approximately 500 feet north of McMillan Road and about a quarter mile east of
Ten Mile Road. The application before you tonight is the City Council review of a
Planning Commission decision on a Conditional Use Permit for a multi -family
development. I'm going to go over the proposed development. It was conditional use
approval to construct a multi -family development consisting of 17 multi -family buildings.
There are four 24-plexes and those are the large structures, one, two, three and four.
Eight eight-plexes and those are the ones that are generally of this size. So, there is
one, two, three, four, five, six, seven, eight. And five duplexes. And those are located
on the north property line. There was one storage building and, then, a clubhouse with
a managerial living quarters and that's on 10.1 acres. The applicant is also requesting
approval to construct a private street loop road to provide access and circulation
throughout the proposed development. And that's largely for addressing purposes and
was requested by staff. The gross residential density is approximately 17 units per
acre. As background information, this project was part of Lochsa Falls planned
development approval in 2002, this area was conceptually approved for 171 multi -family
units. As part of that Lochsa Falls approval the City Council allowed the subject multi-
family development as a use exception to the primarily single family Lochsa Falls
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Meridian City Council
November 27, 2007
Page 9 of 76
development. The city and the developer entered into a development agreement
requiring Conditional Use approval prior to construction of this multi -family development.
A final plat was also approved by City Council for the site in June of 2007. The site is
currently designated high density residential on the City's Comprehensive Plan land use
map and it's currently zoned R-4 and that's because of the planned unit development
approval had the R-4 zoning on the entire property. We do have elevations for you and
I think the applicant will go through these in more detail. There are a number of
different buildings and these are the various elevations for those. And it's always
unusual when we have a City Council review of an application. I did want to go through
the Commission Public Hearing, what occurred at that Public Hearing as background
information for the City Council. They acted to approve the application on October 4th,
2007. At that hearing Daren Fluke, Wayne Thowless and Allen Wallace spoke in favor
of the application. And I'm going to apologize in advance for missing anybody's name.
In opposition were John Nelson, Jorey Miller, Brian Coffy, Dion Callahan, Matt Hessing,
David Bondleson, Anna Bondleson, Tammy Witham, Aaron Tiderman, Mr. and Mrs.
Valas, Tracy Fries, Marjorie Matthis, Chris Sondra and Robert Layton. Donna Egress,
Jennifer Regner, Ken Thowless, Ann Nekakis, Nick Nekakis, Bernadette Rizeback, Glen
Peterman, James Shilton, Brian Katcher, Cheryl Hopkins, Don Fleck, Dan Skoric, Mark
Wheeler, Sarah Marksfield Katcher, Dan Clizbe, John Bellamy, Lawrence Gibson, Wally
Reisback -- it's either Sebra and Sondra, misspelled, Freeman, Jim Freeman, Linda
Olman, Jim Olman, Andrea Skoric, Jeff Weeks, LaDawn Weeks, Ron Horsely, Joann
Stevens, Mel Grant, Lillian Grant, and Sily Carbahol. Commenting included Glen
Tiderman, James Shilton, Brian Katcher, Cheryl Hopkins -- most of those are repeat
names, so I won't go through them. Written testimony was from John and Rachael
Nelson, Elaine and Mike Robie, Cheryl Hopkins and Deon Callahan. The key issues of
discussion by the Commission were the lighting for the development, the berming along
the north and western property lines. The building materials, more specifically vinyl
siding, three tab roofing, hardy plank siding, rock stone accents, the pathway
connectivity to the north with the existing residential neighborhood, the denser
landscaping adjacent to the residential homes along the western and northern
boundaries. Construction of the trash enclosures being of block with offset metal gates.
Vinyl fencing along the southern property boundary. Mechanical units to remain in the
rear of building F. New elevations with new building materials for Commission review.
Access and future connectivity with the commercial parcel to the south. Building
setbacks adjacent to residential structures. The key Commission changes to staff
recommendation were the building materials for the buildings are to be hardy board
siding as submitted with the CU application. The lighting for the development must be
shielded. Applicant is to work with staff regarding an additional amenity. Trash
enclosures are to be constructed of block with offset metal gates. Additional trees to be
planted along the north and west sides with trees touching at 80 percent maturity.
Provide vinyl fencing along the southern boundary. Connect the existing micropath to
the north. All landscaping along the north and west property lines shall be installed and
prior to obtaining any occupancy for any building all the development improvements,
Meridian City Council
November 27, 2007
Page 10 of 76
such as irrigation, parking, and landscaping shall be installed on that building site.
Additional elevation for building F1 has been inserted in as Exhibit A of the staff report
and building setbacks are to remain the same along the western and northern side.
And the airconditioning units to remain in the rear of the building for building F along the
northern boundary. The written testimony we received since the staff report is the
request for City Council review, the application that came in, and the response from the
original applicant on that request for review. The outstanding issues for City Council
from -- basically from the City Council review request would be architectural materials,
density, school overcrowding and compatibility with the surrounding residences. Again,
those are the primary concerns of the appellants. And I use the word appellants just for
ease tonight. It isn't an appeal, it's just a new hearing for you all, but I think just the
terminology appellant will be easier if we refer to the original multi -family request folks
as the applicant and the other folks as the appellants, I think that will be the easiest way
to keep things straight. With that I'd answer any question City Council may have or
Mayor.
De Weerd: Council, any questions at this point?
Bird: I have none.
Rountree: Not right now.
Borton: Thanks, Anna.
De Weerd: Okay. Just for the record, before I open this up to the appellants, I would
note for the record -- I have had discussions with the appellants, as well as a couple -- a
number of the neighbors that I can't list by name, because I didn't get their name when I
talked to them, but it was general in nature and more on the process. So, would the
appellants like to come forward. If you will, please, state your name and address for the
record.
Fries: Tracy Fries, 2787 West Wapoot, Kelly Creek Subdivision.
De Weerd: Thank you.
Fries: Madam Mayor, Members of the Council, thank you for granting us audience this
evening. I understand that you are in receipt of communication from applicant's legal
counsel imploring you to deny our request for appeal. My apologies for any errors or
omissions in our original application, but we do feel that our application adequately
stated the basis for our appeal this evening. As we are simply common citizens working
out some of our -- working outside of the normal realm of our experience, I would like to
request some clarification before we proceed.
Meridian City Council
November 27, 2007
Page 11 of 76
De Weerd: Okay.
Fries: Our main concern regarding the impact of this project on our communities is the
proposed density. Is a reduction in density up for discussion this evening?
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council, the 171 units were specifically approved
by the City Council back in 2002 when this property was annexed. Certainly the
applicant or any of the public testimony can discuss anything they want to, but the
Council's consideration tonight is not over the number of units that have been approved
for this, but, rather, the other things as staff has outlined in regards to the compatibility
of this with the neighborhood in relation to the buildings, the size of buildings, the
landscaping, the setbacks, the fencing, those types of considerations. But the specific
number was approved in 2002 by a Development Agreement.
Fries: Thank you, Mr. Nary. Okay. Given that statement, community frustrations are
easily understood when one considers our position as homeowners and members of
this community. Each of us purchased our home under the understanding that that plat
of land was zoned R-4. We have been chastised many times on our lack of due
diligence and that we should have consulted the future land use map. I would like each
of you to note the future land use map sitting right here in City Hall right now that does
not show that land classified as high density. Those maps are in existence, but if they
are not in these chambers, please, consider our frustrations and how we were easily
misinformed regarding this particular plat of land. It is our understanding that this was
approved under a 2002 development agreement. It allowed for the proposed 171 unit
complex, contingent upon the approval of a Conditional Use Permit. We would submit
that this project is incapable of meeting the unified code -- Unified Development Code
requirements for the granting of a CUP within the City of Meridian and my fellow
community member Mr. Tiderman is going to address some of those issues and, then, I
will follow up on a few more following him. Thank you.
De Weerd: Thank you. And if you will also state your name and address for the record.
Tiderman: Gladly. My name is Glen Tiderman. I live at 2432 West Los Flores Drive in
the Bridgetower Subdivision.
De Weerd: Thank you.
Tiderman: First one on the list -- I'll reference it as E-1, based on our application for
review -- is fire lane radii on the emergency exit or entrance near the knuckle off
Goddard. If you notice, all the comers within the sub -- or within the apartment complex
have a radius comer. Those are not -- we are concerned that -- that the fire access is
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not what it should be for an emergency exit and/or entrance in case of some blockage in
other areas. We are also concerned because we don't have a true to scale map of this,
that this road right here may be longer than the allowed 150 feet, needing, if it was -- as
we understand the fire code, if it's 150 feet or more, or maybe more than 150 feet, it
requires a turnaround at the end, which, clearly, it does not have. So, again, without
some sort of scale it's a concern that we have. And we were also concerned about
some of the driveways here as far as meeting fire code. If you have got -- we are
wondering what sort of accommodations the builders might make for somebody with a
large pickup, for example, a crew cab long bed pickup, which is not uncommon, which is
much longer by usually three to four or five feet than a typical 19 foot stall. That would
impede on the fire lane and we are wondering if there is any accommodation for that.
On E-3, construction, there was some contention in the previous meeting about roofing
materials. Three tab roofing shingles were allowed, as long as they were black. We
would argue because of the area that it's in, that it needs to be an architectural shingle,
which is what everybody's house in the neighborhood has, Bridgetower, Kelly Creek,
and all of the commercial in the area either have tile roofs or an architectural shingle.
So, without that sort of connection we think that -- that that's a problem. Thank you.
Also we would request, again, without good drawings, the pitch to be a minimum six and
12, which is what the Kelly Creek association requires. Siding -- the hardy panel mix
makes us much happier than the originally proposed vinyl. However, we think that it
could go much farther and much better. Again, Kelly Creek's CC&Rs, they require a 40
percent stone and stucco accent to the front of the buildings. We would like to see the
hardy panel mix continue to the back side of their apartments, in addition to the 40
percent stone and stucco accents in the front. Color -- not that there is anything wrong
with the colors they have chosen, but the people in these neighborhoods have had to
have their colors approved either by the Kelly Creek association or the colors need to
be chosen from the Bridgetower pallet with corresponding restrictions of use. We would
ask that they would either choose from the Bridgetower pallet or submit their colors for
approval within the Kelly Creek association. Understanding, of course, that they are not
part of that, but they are certainly bordering both associations and should blend therein.
One problem -- if you could go back to the parking, S-1 or S-2, there is a number of
covered parking spots along north bit here and here, here -- they do not have any kind
of headlight block. There are some pictures available -- I don't know if they will be easy
to find right away, but from the backyard that's -- from the backyard you can see how
much of the back windows show on the lower level of these homes and standing in the
homes -- there are some pictures that I have taken from one of the homes outside, it's
clear that the headlights are going to impede on the homes. We'd like to see some sort
of block, be it hedging or some sort of metal containment for that -- that light for those
people parking. A little bit of privacy and consistency for the folks that are bordered
along there. We have noticed that the compressors have been allowed to be set to the
back of the buildings. We would ask that the code for that be upheld and that
compressors only be allowed to the sides and not to the back, especially on the north
and west sides of this development. And there are walkways here, also along here, that
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we would like to see deleted from the plans, as they don't -- they don't really seem to go
anywhere, other than through the grassy area and they certainly would promote -- we
want to try to keep the residents away from the property lines as much as possible, just
simply for ease of living. So, we would ask that that be changed. On the next bit that I
have here, E-4, there is a connector to Wapoot. It's difficult to see, but it's right here.
It's already built in on the Wapoot side. The Planning and Zoning Commission
requested that that be put in and opened. However, we have some issues with that.
We don't feel, first of all, that this is going to give a corridor much for the residents of
Kelly Creek, so much as the residents for the apartment dwellers to find additional
parking as there is only 18 visitor parking spots. The first party that we have is going to
have parking all along Wapoot here. Also, it will give, you know, access to park areas,
which, to be perfectly honest with you, are not -- the signage is up in Lochsa, Kelly
Creek, and Bridgetower for private parks and this just eases that sort of access. We
would ask that this would be deleted and permanently closed off for those purposes.
On the same note, Goddard being an access road here is, as I understand, coded or
zoned no parking, but it's not marked in any way. Certainly, the residents clearly
understand that. We are concerned that if the -- if there is no parking inside, that the
parking will go in here. We'd like to see this marked no parking, either through red
curbing or signs. Also, it would be rather good, we believe, to -- as they exit here, have
a right turn only, so that they can only go out right on Goddard and onto McMillan. The
reason for that is this -- this street, if they are allowed to go straight, goes straight
through Apgar, which is a straight shot, essentially, they just put one stop sign through
it, to Linder and there is already some issues with that street as far as speed issues and
traffic issues. We'd like to alleviate some of the impact on those people by putting a
right tum only on that exit.
You know, not being a lawyer, not being in the business, it's difficult, but drainage is an
issue. There are some drainage areas here that are listed. Exactly where they are I'm
not sure. This is not a very good view of this, but I know there is a couple here, there is
one back here in this comer. Because we don't always have access to the specific
designs and information that we'd like to have or if we are, sometimes it's not easily
accessed by us, because we don't know exactly what to do to get it. But given
Bridgetower's trouble with these kind of things, which has similar drainage, except it's
sand based. This clearly or apparently by the plan is going to have a sod base to it, we
have serious doubts about the effectiveness of their design, seeings that Bridgetower's
had trouble with this, adhering to the code, the UDC saying -- stating that all drainage
ponds need to be emptied within 24 hours. We are not sure if they are going far enough
with that. We'd like to have that looked at a little bit closer. On E-6, I spoke personally -
- I'm a former teacher. I spoke personally with Principal Brigham at Paramount. He
was not able to make it tonight, but he said that I would be certainly willing to pass this
information on. They are currently at over 680 students for a school, as he told me, that
was built for 650. They are in the process of adding a new third grade class right now
as we speak. He says the trouble with this is that the folks that are -- have their
students in here in the third grade see the benefit to a smaller class size, and yet they
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11
don't want to see their kids moved, because some of them have already been through
two or three schools and sometimes numerous classrooms within those schools,
because of the adjustments of this town. There are some numbers that have been put
through -- you guys have access to this. Let's see, I have that here. That there will be
an estimated 52 elementary age children living in this -- this apartment complex, 48
middle school and 37 senior high students. Only focusing on the elementary itself, Mr.
Bigham said that that would certainly be a hardship and a concern. And I can tell you
from my own personal experience if they have to bring in temp buildings, I worked six
out of eight years teaching in temp buildings, there are definitely some issues with
those. Heating and cooling can be very difficult in those buildings. And I think -- I think
that's it for me and -- Tracy. Thank you.
De Weerd: Thank you.
Fries: I have just a few additional comments --
De Weerd: For the record, Tracy Fries --
Fries: Oh. Just for the record, Tracy Fries, 2787 West Wapoot. Just a few additional
comments regarding Unified Development Code Section 11-5B, subsection 6-E-5,
deals with the ability of infrastructure being able to adequately serve the proposed
project. ACHD -- you all should have access to their report of September 20th, so you
will note they have recommendations or information on their capital improvements five
year work plan. There are no projects within this area included in that five year work
plan. The Linder Road Ustick -- from Linder Road from Ustick to Chinden is scheduled
to be widened to five lanes within six to ten years. McMillan Road from Black Cat to
Meridian is scheduled to be widened to three lanes within 11 to 20 years. Now, wait a
minute. Wait a minute. Give them their due. The intersection of Linder -McMillan
Roads was scheduled to be widened to six lanes on the north and south legs and four
lanes on the east and west legs and signalized between 2013 and 2017. We do have a
few more very valid points.
De Weerd: Can you wrap up in a minute?
Fries: Two?
De Weerd: This is a negotiation.
Fries: This is a very very impactful decision being made tonight and I think it pertinent
that you hear everything that needs to be said.
Rountree: Madam Mayor?
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De Weerd: Mr. Rountree.
Rountree: Tracy, do you have anything more to add?
Fries: I do.
Rountree: Thank you.
Fries: Thank you, Councilman Rountree. Now, that was planned between 2013 and
2017. To the credit of this county and ACRD, that currently many of you may have seen
the signs that went up today, is scheduled to begin process next month, which will help
alleviate some of those issues. However, channeling six lanes and four lanes back into
two lanes in that short area span for the next six to 20 years is going to be an issue and
that's something that needs to be considered. Also, under that same code, police
services was one thing that we had a question regarding. The police department did
state that they had concern regarding more than four units sharing a common entrance
and/or stairwell, that they were a safety concern and they would like to have a meeting
with Rudeen to address that prior to the next here. We would like to know if that has
been addressed or resolved, because if it has, we haven't seen that in the plans. Also
under that same code, parks are an issue, whether or not we have adequate park
facilities for this community. I understand they will have their own tot lot. As Glen
mentioned, the facilities that exist at Bridgetower, Lochsa, and Kelly Creek all have
signs up that they are for neighborhood use only. There is an existing public park on
Ten Mile north of Verona and west of Kelly Creek and Lochsa Falls. It is our
understanding, as we have been told several times throughout these proceedings, that
that land was donated to the city and part of the reason why this large -- this higher
density is being allowed. However, that land is under lease to the Police Athletic
League for their soccer program for the next 25 years. There are no public facilities on
that lot and none are planned for the next 25 years and that needs to be taken into
account. It's also another reason we would request that that connectivity to Wapoot be
closed off. There is no reason for that to need to be accessed. Finally, the schools.
Glen touched briefly on that. There was mention at the last meeting -- and I have in my
possession a letter from Joint School District No. 2, Jana McCarthy, director of Magnet
Schools, Paramount Elementary opened this fall, as Glen stated, intended to serve 600
students. Or expected enrollment 600 students, intended to serve 640. On the date
that they opened they were at 680 students. Paramount has not reach full build out.
Kelly Creek is not completely occupied. I think the last numbers given at HOA last
month were 30 percent unoccupied and if we intend to introduce this additional high
density project to our community, we need to be prepared for the impact upon our
schools. The UDC states that it cannot have an adverse impact on these areas of
concern. It does. We don't feel that they can be resolved. If they can work with us,
help us to understand how they can and what we can do to help that procedure along.
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•
But right now we are not seeing any answers for these particular problems, especially
our schools. And that is the end of our opposition. So, thank you for hearing us.
De Weerd: Tracy, before you sit down, let me ask if Council has any questions.
Fries: Apologize.
De Weerd: Council, any questions at this point?
Bird: I have none.
Borton: Not yet.
Zaremba: Not yet.
De Weerd: Thank you.
Fries: Thank you.
Zaremba: Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Zaremba: I would ask if we could, for a moment at least, display what's probably the
slide before this that shows a bigger area, the surrounding area. The one that was just
before this that I think was an aerial view, probably. Yeah. If you could leave that up for
awhile, I would appreciate that.
De Weerd: Okay. The applicant.
Canning: While Daren's getting composed, I can also put the comp plan map up that
shows the whole mile, if you'd like that.
Zaremba: That's the --
De Weerd: The one on -- in our packet, Anna -- if you can show that.
Zaremba: Thank you. I have seen what I need to see, so you can --
De Weerd: If you will, please, state your name and address for the record.
Fluke: Madam Mayor, thank you. My name is Daren Fluke with JUB Engineers, 250
South Beachwood in Boise, representing the applicant in this matter. With me tonight is
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Al Wallace, our Attorney, and also Wayne Thowless, our Architect, who I hope will have
a chance to talk about some of the design issues. Just as a point of process, I would
love to go through each one of these items raised by the appellants that are not actually
appellants, but people seeking review, and go through them one by one. But you're at a
bit of a disadvantage here, because you haven't heard anything about the project yet
and so I need to go through the project and make the case for that as well. And so I
guess I'm asking if we will have adequate time in the rebuttal to deal with the specific
points. Some of it I will be able to cover as I go through the project, but this is a large
complex project and we really need to be able to make the record and get you
comfortable with what's been designed here.
De Weerd: You have been given 15 minutes and Anna has introduced the application,
so if you can do it within 15 minutes, it would be appreciated.
Fluke: Okay. Anna, could we work from the site plan, please. The one back -- thank
you. The project is -- is the Selway Apartments. It consists of ten acres with 171
dwelling units, 17 buildings, 19 percent of units within the project are one bedroom, 67
percent are two bedroom and 14 percent are three bedroom. There are 278 parking
places and a whole lot of other stuff that we are going to get into. I'm going to -- I want
to talk first about the merits of the appeal. I will be brief, because there aren't any. I
want to talk about the history of the project. I want to talk about the design of the
project, and I'm going to wrap it all up for you and, hopefully, deal with some of their
specific concerns. First, with regard to the merits of the appeal. Your ordinance
specifically states that the appellants have to provide you with a basis for the appeal.
All they did was regurgitate the code for you and say that we didn't comply. Not one
piece of evidence was presented --
De Weerd: Okay. Daren, I'm song to interrupt you, but I would like everyone to be
respectful. So, if you can try and keep this respectful, I would appreciate it, because I
don't want to set the tone otherwise.
Fluke: Madam Mayor, I apologize if I sounded disrespectful. It was not my intention.
De Weerd: Okay.
Fluke: I do need to make a record and so I will do that and --
De Weerd: I appreciate the record, but the regurgitate and those kind of things, you can
tone down.
Fluke: I apologize. All they did was restate what was in the code and not provide any
evidence. I don't think the basis is there that it complies with your code. I would refer
you to the letter from -- from our attorney, which lays out in very fine detail why this
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doesn't comply. However, since we are here, let's talk about the project. This project
was originally approved in 2002 as a part of the Lochsa Falls planned unit development.
Many of you were around at that time and probably saw that project -- I know at least
two of you were. At that time planned unit developments did not automatically rezone
all of the portions of the project to a to their appropriate land use, but it was handled as
a planned unit development, it was a comprehensive project that included almost a
square mile, a very large number of detached single family residential units and a small
number of attached units, as well as some commercial and as well as a public park.
So, all of it was a master planned community and it was always intended to develop in
the fashion that you're seeing here right now. I think you're pretty well familiar with a lot
of the history on it beyond that and so I'm not going to get into that, other than to say
that the city did enter into a development agreement with the owner of the land, a
binding contract that's binding on both parties and we would like the city to honor that.
With regard to the project design, when we started talking to Rudeen about this almost
a year ago, I told them that compatibility was going to be an issue. Regardless of the
fact that this was already approved, when you have single family next to multi -family, it
tends to raise passions and the first thing we decided was that we had to have a good
site plan and we are very proud of the site plan. We have done a number of things to
mitigate impacts on the surrounding properties. There are four three story buildings
within the project. If you've ever tried to fit 171 units on ten acres, you know that you
have to be creative with your buildings. We didn't want, however, large buildings lording
over single family units, that two story units that are on our property lines. So, we have
clustered the three story buildings here in these four units. These units are all two story
buildings and, then, the units along the northern property line are what we call carriage
units. These have garages beneath them on the ground floor and on the top floor they
have got two single family units, one on each side. An entry here and an entry here. In
scale and massing they are very similar in size to the residential units that are to the
north of them and setback from the property line a similar distance. When we went in to
the -- well, let me back up a little bit and stay on the site plan. So, that was the first
thing we did was -- was to design the buildings and lay them out, so that we didn't have
an impact on the surrounding properties. What -- what this did was allow an internal
parking configuration that kept parking places and also the drive aisles away from the
property lines and sort of concentrated the activity of the project internally. You notice
we have got one entrance to the project here off the public right of way. We have a
driveway approach here. This was approved by ACHD and constructed. It's already
there. We chose to make that an emergency access, just simply to try to mitigate
impacts on surrounding properties. Again, in this particular case those across the street
from us and the headlights departing the project here. The city ordinance has us
backed into a comer with parking and we have got to fit a certain number of parking
places in here, including covered, uncovered, visitor parkings, and we have done that
and we have done it pretty artfully I think. They fit within the context of the project and,
again, they are laid out in such a way as to mitigate impacts on surrounding properties.
Anna, could we go to some of the building elevations? With regard to building design,
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we wanted this to look residential, you know, to the grandest extent possible. When we
started the process we were applying for vinyl siding, which we still think is a fine choice
for the project. It didn't have any cultured stone on the front, that was added at the
request of the neighbors. In addition to the color schemes, which we modified
somewhat to match better what was already in the neighborhood. And I'd like for
Wayne to be able to have a chance to come up here and talk a little bit more about the
building design, because a lot of thought and effort and planning has gone into the
buildings that -- that are in the project. Anna, if we could just go forward a couple slides
and see if we can find the carriage units. These are the carriage units right here. We
have designed two different carriage units within the project to sort of break up the
facades and give a little more visual interest to those. These, as I stated, are similar in
scale and massing to the residential product that to is to the north of them and they will
fit in really well. They are setback 24 feet from the property line and they do have a two
foot projection on these windows, So, on the rear that would be 22 foot setback there,
which is our side property line and it is required to be five feet by law -- by your
ordinance that is. So, we think we have done a nice job with the buildings. They have
used a variety of building materials or a variety of siding types within there. They were -
- what we designed initially was all vinyl, but three different types of vinyl and used in
different configurations on the different buildings, so that it didn't have a monotonous
appearance. Again, to be -- it provided a nicer esthetic view to it. With regard to
landscaping, the -- the landscaping is one of the primary ways that -- that we sort of
buffer surrounding properties. You heard a comment about -- if we could see the
landscape plan, Anna. You heard something about headlights here. Well, you have got
a six foot property line all along the fence and you can see that it's been very densely
planted. One of the concessions we made was to bump up our deciduous trees to a
three inch caliper, which is a half an inch higher than what your ordinance requires and
it doesn't sound like much, but I can tell you it is significantly bigger at planting, it gets
taller faster and it's significantly more expensive to plant. As you can see, this is -- this
is densely planted and in an effort to mitigate noise and site impacts along both of our
residential property lines. We think that this -- this project has been designed in a way
that -- that really fits in with its surroundings. There is not a lot of interaction between
the -- between the surrounding single family residential and the -- and this project. As I
stated, the entrance here is the main entrance to the public right of way. The Planning
and Zoning Commission and the police department requested that we have an
approach here, which we have agreed to and will install. We are providing another
access to McMillan through the commercial property to the south and another way in
and out. We -- when we started this project, like I said, about a year ago, we had about
three meetings with the staff. We held two neighborhood meetings. We made changes
based on what we heard. Obviously, the changes didn't go far enough to -- to make the
neighbors happy with what was here, but it's my opinion that we couldn't have done
enough to make them happy, you know, in designing the project. Basically, they don't
like the land use and there is not much that we can do to change that. We have worked
very hard to fit this project into the neighborhood and we would ask you to recognize
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that, honor the contract that the city has within the landowner and approve our project
as the Planning and Zoning Commission did. We are comfortable. We didn't get
everything we wanted from the Planning and Zoning Commission, but we are
comfortable with their approval. We think -- as you can see from the conditions of
approval, that they really went over backwards to -- to mitigate adverse impacts on
surrounding properties by the imposition of these conditions. I think what I'd like to do is
just have Wayne come up and talk a little bit about the buildings a little bit more and,
then, we will take any questions if you have got those.
Thowless: Wayne Thowless, LKV Architects. Office address 2600 East Riverwalk
Drive, Boise, representing Rudeen Development. Relative to the buildings themselves,
I would just like to state that particularly if you look at the site plan and the floor plans in
the graphics, you probably have in our report, as well as here on the Powerpoint, you
will see that the buildings are not rectangular or square masses, there is a lot of in and
out undulations in the massing and design of the buildings to breakup the massiveness
of them visually. That, coupled with a two tone color scheme, three different types of
siding, roofing, color that matches the predominate color of roofs in the subdivision, et
cetera, are all mechanisms that we have employed to try to make the architectural
character of the project compatible with the surrounding neighborhood. In the
appellant's comments there were numerous references to technical matters that they do
not feel are going to meeting city ordinance requirements. I would like to assure
Council and that we are working very closely with the City Staff, Fire Department, Public
Works, Planning, to make sure that these detailed design issues do, in fact, meet city
ordinance requirements. The appellant mentioned, for example, a requirement of P&Z
that we meet with or discuss several issues with the police department. We have done
so. The issue with regard to the number of units being served by a given stair turns out
to not be an issue, because each of the buildings has two stairways, not a single one.
So, that issue was resolved and that was mentioned at the previous Planning and
Zoning Commission hearing. Daren, is there anything else specifically you'd like me to
touch on?
Fluke: Thanks, Wayne. Madam Mayor, Daren Fluke, JUB. I'm going to try to go
through some of the specific items as brought up by the appellants, just to make sure
we -- we don't leave some of this hanging and the Council questioning us on it. With
regard to roofing, we did agree at the Planning and Zoning Commission to use
architectural grade shingles all in black to match what's on surrounding units. That's not
an issue. We do have 6-12 pitch on the roofs. We do have hardy plank and we have
cultured stone on the front. I already talked about headlights not being a problem. The
air compressors are small units for the small carriage units on the side. They are well
buffered by the landscaping, the Planning and Zoning Commission saw the wisdom of
having them there, because, otherwise, they were interfering with the doorways into the
units and I can show you elevations and get into that a little bit more. That's why they
allowed us to have them there. We have provided a pathway system as one of our
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amenities in there. It loops all through the project and we would be opposed to
eliminating any of that -- any of that, because we think it's a nice amenity. The only --
what you can see here is that we push it back out onto the street -- or the drive aisle
here and, then, pick it up again here. Otherwise, it's a continuous loop throughout the
project. I didn't touch on amenities very much, but we do have a lot in here, including
our clubhouse and fitness room, pool and hot tub, tot lot, path system. We have got a
storage building, picnic areas, and we will have a horseshoe lot as well, as requested by
the P&Z. The pathway connection to Wapoot, which exists right here, it's a platted lot
within Lochsa. We would be happy to not make that connection if the Council so
desires. Staff has been adamant in us making it. We are fine with that. We are fine
with not making it. We think it improves the project for both our neighbors to the north
and for this project, but we don't -- you know, that's not a big deal for us. Parking's
already prohibited on Goddard Creek, so I don't find that to be an issue. Right turn only
on Goddard Creek I believe is unreasonable and would not get through ACHD. One of
the goals of the road system is to have connectivity and to provide automobiles multiple
ways to get around, so that you don't get a concentration of cars all on one street.
That's why you have got full access driveways. This meets all the standards for offset
and all of ACHD's other standards. I don't think they'll let us do it at a right turn only.
May I finish up with drainage quickly?
De Weerd: Well, we -- we afforded the appellant a few more minutes, so if you can
keep it brief.
Fluke: I appreciate it. I will be brief. Drainage. We don't have any ponds designed.
We have -- we are at about 90 percent design right now and we have utilized seepage
trenches within here. Highest seasonal groundwater we found was at about eight feet
and all of that works and complies with city code. It will be all reviewed by your staff in
conjunction with the building permit. Just with regard to schools and other
infrastructure, everything's here. The roads are in place. There are schools around
here. There is irrigation. There is water. There is sewer. This was all master planned
as a part of a much larger project. This -- this project will provide additional
opportunities for the citizens of Meridian. Empty nesters, people whose kids have left,
people whose kids are leaving and would like to live close to their parents, can live in
this project. Through time it will definitely be an amenity to the City of Meridian and
that's why it was approved initially and that's why you ought to approve it now. We just
respectfully request that you affirm the well -reasoned staff recommendation in the
decision of the Planning and Zoning Commission and approve this project as designed.
De Weerd: Thank you. Council, questions? Mr. Bird.
Bird: Daren, what's your percent of stone or stucco on the front?
Daren: Do you know the answer to that, Wayne?
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Thowless: Wayne Thowless, LKV Architects. Madam Mayor and Councilman Bird, it
varies by building. There are some buildings that have only a little bit of stone at the
entrance columns. There are other buildings that have sections of the first floor facade
in stone. I do not have actual percentages available. I can provide them at a later date
if you desire.
Bird: Madam Mayor?
De Weerd: Uh-huh.
Bird: I would -- I would like -- Wayne, I would like to know what -- what would you say
now, five to 25 percent? Do you have any that hit 40 percent like that the --
Thowless: Councilman Bird, I do not think so. I don't think we have that much stone on
these buildings.
Bird: While I've got the floor I'd like to -- we have got a -- I know they were talking about
Paramount being involved, but what we got from the school district said it's Hunter
Elementary and knowing the location I think Hunter is -- is closer, but -- so, it is Hunter
they say -- in their letter it's Hunter, Sawtooth, and Eagle High School. Anyway, I just
wanted to clarify that.
De Weerd: Council, any other questions?
Bird: I'd like to know what the percent of stone and stucco is.
De Weerd: Also, how you breakup the back of the -- the apartment.
Thowless: Madam Mayor, the fronts --
De Weerd: Do you want to put that up there and use the pointer, so everyone can see?
Thowless: The fronts and the backs of each building are virtually identical. They are
what are called double loaded buildings, which means you have residential units on the
back side. You have residential units on the front side. There are stairways on both
front and back. There are balconies, bedroom windows, living room windows, both front
and back. The only buildings that are significantly different between the front and back
are those carriage unit buildings that have the garages at ground level and two
residential units above that are located along the north property line and we do on --
could we have the Powerpoint back up. It's probably easier to look at their -- scroll
ahead to -- that's -- right there. This is the elevation of one of the two carnage unit
buildings that faces the driveway. You can see the garage doors at the ground level.
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This is the elevation that faces the homes to the north. One residential unit is here.
One residential unit is here. This is the back of the garages at ground level. And, then,
as Daren mentioned in his presentation, between this wall of these units and the
property line and existing fence is 24 feet of landscaping with three inch caliper
materials at time of planting.
De Weerd: So, the upper one is the front? The garages?
Thowless: This is the elevation that faces the driveway. The entrance to one of the
units is -- is right here at ground level. There is an interior stair that goes up to the living
units and the entrance is -- to the other units is -- it looks like our light just went out. Oh,
there it is. Is right there and, then, there is an interior stairway to the second residential
unit in this building.
De Weerd: So, there is four per unit?
Thowless: In these buildings there are two residential units per building. They are
duplexes.
De Weerd: Yes, Mr. Rountree.
Rountree: Madam Mayor. A question for Mr. Thowless. I believe your words were the
building designs show a lot of undulation. Explain that to me on the carriage house.
Thowless: To be honest, Councilman Rountree, the carriage units have less primarily
by virtue of their size. They are much smaller buildings compared to the eight-plexes
and the sixteen-plexes and the roof line is broken up, as you can see, with gable
elements. There are the same -- two different types of siding and the two color
schemes, the two different colors of siding on the ends are where the balconies are on
several of the carriage units. On the other carriage unit building design, which isn't on
this graphic, there are actually balconies where the gables are on this particular design.
I don't know if we have a Powerpoint slide of the other alternative carriage house unit,
but there are two different building designs. Apparently not, Anna. Thank you.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: A question on the landscaping on the north side. You talked about utilizing
large caliper trees. Didn't hear any indication of what kind of vegetation you're talking
about, but larger caliper deciduous trees are not going to do a lot for screening. In fact,
the larger the caliper the less screening they are going to provide. So, what -- what's
the design and how is the landscaping actually going to buffer headlights?
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Thowless: Madam Mayor, Councilman Rountree, the -- we are proposing a mix of
approximately a half dozen different types of deciduous trees, as well as a mixture of
evergreen trees in that landscape buffer on the north and west sides of the project. In
terms of ground level screening, that will be primarily afforded by virtue of the fencing
that is already there. The screening of view from ground level to say second floor
windows of the houses or vice -versa, will be over time provided by the canopies of the
trees that we are planting. I would like to mention to Council that as Daren mentioned in
his presentation, the city requirement for setbacks -- side yard setbacks in this zone and
for this type of project, is a fraction of what we are providing. The 24 feet. And,
actually, by ordinance no side yard landscaping or screening is required. So, we are
providing literally hundreds of trees in this project in an effort to provide for screening
and esthetic compatibility between this project and the single family residences, not
because ordinance requires it, but because it's the right thing to do for the sake of
compatibility. So, anytime that vegetative screening is employed, there, of course, is a
period when that screening is not going to be fully effective and that's when the
materials are young, which is why we actually volunteered to provide larger materials at
time of planting than the city requires.
De Weerd: But, remember, our requirements are a minimum.
Thowless: I understand.
De Weerd: Council, any other questions?
Bird: Not at this time.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I had one previously, but on your last comment, explain to me why this is a
side yard and not a rear yard, please.
Thowless: The ordinance -- city ordinance defines front yard as the side of a property
that fronts on the street and North Goddard Creek on the east side of the property or the
right side of the graphics that have been up there on the Powerpoint, that is our front
yard, because that it the street side of our property. The north and the south property
lines thus are the side yards and the side of the property that's opposite the front, North
Goddard Creek, which is in this case the west property line, is, thus, the rear property
line, as defined by city ordinance.
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Canning: Madam Mayor, I need to clarify that. The issue on multi -family development
is always unclear as to what should be side, front, and rear. So, we, actually, when we
wrote the Unified Development Code we specifically said for multi -family developments
it doesn't matter what property line it is, there is a ten foot setback from any property
line.
Zaremba: Thank you.
De Weerd: Okay.
Zaremba: And you are exceeding that ten --
Thowless: We are.
Zaremba: -- anyhow, so -- okay. Back to my original question, which I'm pretty sure
has been answered, but among my notes there was a specific reference to the internal
streets and the fire radiuses on the comers. When you and Mr. Fluke say that you are
working to make sure that all the technical data are correct, I just wanted to specifically
ask you are including the fire radiuses --
Thowless: Yes.
Zaremba: -- in that subject?
Thowless: Yes. Councilman Zaremba, the -- we just -- I think it was -- we had a staff
member two or three weeks ago that met with the fire department and discussed that
particular issue at the particular location that the appellant mentioned and we are
working with the fire department to resolve the turning radiuses at that specific location.
Zaremba: Okay. Thank you.
Borton: Council, any additional questions at this time?
Rountree: Not right now.
Zaremba: Not at this time.
Borton: Thank you, Wayne.
Thowless: Thank you.
Nary: Mr. President?
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Zaremba: Mr. President, I believe Mr. Nary looks like he'd care to say something.
Nary: Mr. President, Members of the Council, there was a comment that was made in
the initial appellant's testimony that probably is more addressed by staff than probably
the applicant in this situation and that's regarding Heroes Park. The comment was
made that the city had leased that park out for 25 years and no other amenities were
programmed into that park and that is untrue. At least for the purposes of this record,
the city has a use agreement with PAL Soccer to use that field twice a year during their
spring season and their fall season. There are additional amenities that are
programmed into the current master plan for the park and, actually, were considered
last month. Mr. Siddoway isn't here from the Parks Department to go into that level of
detail, but they have met with neighbors in the Lochsa Falls area, as well as the
adjoining neighbors of the park and are looking at additional amenities -- essentially, the
amenities that were already programmed are being moved around to different parts of
that particular 25 acres. There is a tot lot that is scheduled and they discussed moving
that from one location to another on the site. There were some additional parking.
There is a -- basketball courts that are programmed for that park, as well as some in-
line rollerskating type of facility on that park. Roller hockey. So, it isn't an exclusive use
by PAL as was stated. It is not correct that the city has, essentially, relinquished use of
that park or no other amenities are provided, because that isn't -- that isn't correct. The
city has simply granted use by PAL Soccer for their two main seasons that they have,
but that is all. So, I just wanted to make that clear for the record.
De Weerd: Okay.
Zaremba: Madam Mayor?
De Weerd: Yes.
Zaremba: I might be able to answer questions that Steve Siddoway would have
answered, since I have been going to parks commission meetings. The area that Mr.
Nary mentioned is considerable. This area is not being used by the soccer people.
This area here is not being used by the soccer people. This area over here is not being
used by the soccer people. They have probably what amounts to half of the park, if it
were, and not for the full year. As Mr. Nary stated, there are certain times during the
year where they have use of that for their tournaments, but a large portion of the park is
not taken up by them and not all year.
De Weerd: Okay. Anything further? We did have a couple of statements or questions
raised about fire and so, Chief, can you respond to that? Kyle, would you mind moving
the -- the board right there. Thank you. I like to see the staff eye to eye.
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Anderson: Madam Mayor, Councilmen, yeah, there
were raised about fire code issues. Reading our plan
all those issues were addressed. Our fire marshal,
was a number of questions that
review on this particular project,
who does that work, is not here
tonight, but what he typically does is with a red pencil goes over those plans and
outlines all those areas that are potential areas or that don't look like they meet the code
requirements and, then, we sit down with the applicant and address those and it sounds
like that is being done in this case. So, I was very impressed with the -- I believe it was
Glen's testimony and he did a very good job of articulating a number of things in the fire
code. So, Glen, if you're looking for work after you retire as a school teacher, come see
me. But we are hoping that all those things are being -- being addressed and I
guarantee you they will be by the time we are done with the review.
De Weerd: Okay. So, Ron, there is no need for a turnaround at those two points that
you notice?
Anderson: If they are 150 foot or less, they will not need a turnaround. If they are 150
feet or more, then, they will need that turnaround and the turning radiuses -- they must
meet the 28 foot interior and 48 foot exterior turning radiuses, so if we have to lose
parking spots at the end of those, then, that will happen, but those issues will be
addressed.
De Weerd: So, they back out?
Anderson: What's that?
De Weerd: Will they back out, then? It's going to be the same issue our trash provider
is going to have as well.
Anderson: If that road is 150 foot or less, then, yes, they back out of that. But keep in
mind a fire truck is about 30 feet long in itself, so the shorter distance is not an issue, it's
when they are backing greater distances, like a full city block, but it's not unusual to
back up short distances like that. As far as the internal vehicle, they will be able to back
out of the parking spots with the access road and, then, be able to drive out forward. It's
just larger vehicles like trash trucks and delivery trucks and fire trucks that would have
issues there. The only one that I see that really looks like it's in question is this small
leg that comes back around to the -- on the right-hand side of the project there.
De Weerd: Okay. Lieutenant, do you have any comments?
Stowe: Madam Mayor, Members of Council, do you have any specific questions?
De Weerd: Council, any questions for the police at this time?
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Rountree: Madam Mayor?
De Weerd: Yes.
Rountree: Was the representation on the Council between the police and the applicant
correct and issues have been resolved that were --
Stowe: There was an issue of the secondary access and I was not in attendance at the
meetings. I believe that was Lieutenant Overton that was. In looking at the -- in looking
at this, it does raise two concerns that I have and one of them. has to do with the
secondary access. It's very close to the primary access up there on the right-hand side
and towards the back there is no access. It looks like there might be one down there in
the southwest comer. It may be going into a field, but that doesn't do us any good
unless that comes all the way through to McMillan and does give us that access and I
think the fire department and paramedics would feel the same way. The other concern I
see is in landscaping. Too much landscaping can create hazards also. We try to
maintain a two foot, six foot rule, in which shrubbery isn't any higher than six foot,
canopies of trees aren't any lower than -- or I'm -- two foot for the shrubbery and six foot
for the canopy on the trees. And that gives us a site window as patrol cars are driving
by and it eliminates hiding spots. So, I just want to make sure that the shrubbery
doesn't -- and landscaping doesn't become so thick that it provides natural hiding spots.
De Weerd: Okay.
Rountree: Madam Mayor, since ACHD has joined our staff this evening, a question
about Goddard and the no parking status and whether or not that's official and if it's
official is ACHD planning on posting that.
Richardson: Madam Mayor, Councilman Rountree and other Council Members, it looks
like Goddard Creek Way is a residential collector and, typically, no parking is what is
required on the residential collectors. If it's not currently signed with that restriction,
then, the highway district or the applicant could provide that signage.
Rountree: Okay.
Borton: Madam Mayor, could --
De Weerd: Can you repeat that, Christy?
Richardson: Goddard is classified as a residential collector street, which, typically, the
highway district does restrict parking on residential collectors. If it's not currently signed
that way, either the highway district or the applicant can make sure that that gets done.
Meridian City Council
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De Weerd: Okay. Okay. Anything further, Council? Okay. We do have a number of
people that have signed up against this project. As I read your name -- and I apologize
in advance if I mutilate the pronunciation. If you would like to provide testimony when I
call your name, please, come forward at that time. I will note if you're in favor of or
opposed to and we will start. Beverly D'Kirk signed up against. Would you like to
provide testimony? I'm sorry, if you need to provide testimony, you do need to come
forward. Okay. Thank you. And her husband John. Also signed up against. Sarah
Markfield Katcher signed up against Thank you. Carl Miller signed up against. Thank
you. If you will, please, state your name and address.
Miller: Yes, Madam Mayor. Carl Miller, 2295 Apgar.
De Weerd: Thank you.
Miller: And my concern is the traffic. Everybody says -- they are saying Goddard is a
residential collector, but Apgar is not designed for that, it's a narrower street, but it is a
straight shot through. There is a park on Apgar and at any given time when school gets
out you have 25 or 30 children down there playing on that street. Something needs to
be done ahead of time, such as a no turn lane, to prevent cars from going through
there. We have already had one accident on there where a car sped through there and
went through a fence. If that would have been a child sitting out there, there would be
no more child. Thank you.
De Weerd: Thank you. Okay. Jaqualee Valas. Okay. Thank you. Okay. Whoever
signed up after her. Maybe -- begins with a P and last name with an H I think. Why
don't I just open it -- this up to whoever would like to provide testimony to please come
forward. And if some else mentions your concern as well, maybe I'll ask for a show of
hands after the testimony and we can make the best use of your time, as well as
Council. So, sir, some forward.
Zaremba: Madam Mayor, while he's coming forward, I would comment that the sign-up
sheet that you hold is part of the public record and it does show who came and
expressed an opinion for or against. Just because we don't read through it doesn't
mean that it's not being noticed.
De Weerd: It will be noted for the record and also for the record everyone signed up on
this list is signed up against. So, sir, if you will, please, state your name and address.
Grant: My name is Melvin Grant. I live at 2314 West Divide Creek Street in Lochsa
Falls.
De Weerd: Thank you.
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Grant: Madam Mayor and Members of the Council, my concern is that while this
approval of this project back in 2002 made all kinds of sense to the city development
plan at that time and probably still does today, my concern is that from 2002 --1 guess it
was August 6th -- at least that's what that map shows right there -- until early this year
no one knew -- and no one -- I mean us, the homeowners -- knew of this project. That
map doesn't show a high density project, so if you come to City Hall, as the attorney told
us in the June letter, you should check it out yourself -- if we came here it didn't show
any high density residential. So, I'm sure there is no poison pen letters somewhere that
said we are going to cover this up. That's not how it works. But you, the Council and
the Mayor, you're not checking up on these builders and what they are saying to people.
You're not following up on what -- the decisions you make. That's my concern.
De Weerd: Thank you, sir. You know, I will say for the record that when this -- when
this project came through, certainly three of us up here were on -- were sitting up here
at that time and it was an open field and so I can say that it did make sense at the time.
This is the first time I think the three of us that sat up here found that the development
agreement noted the exact number. This is the first time -- and I think it's the only time
that this is -- we have ever seen this. So, it is unusual for this Council as well. I guess
in short, the development to the east of it, Paramount, when people purchased their
home they see the entire development. We did not know you were not seeing the entire
development. When people purchased in Paramount you saw the entire development.
We did not know that the neighbors purchasing in the subdivision was not seeing the
entire development. Now, I don't know if that is the responsibility or a roll of the city
government. I think that is something of our development community, as well as our
real estate community. When these planned developments were developed, they
showed the net density, and that is what our map showed. Since we have changed
that. This didn't get changed. It's not an excuse. It is what we did at that time. And so
while we do approve these -- oh, my time is up. Sony, I guess I have to cut myself off.
Berg: You can close in a minute.
De Weerd: But, you know, I did want to respond to that, because I do understand the
concern that has been communicated and expressed and -- and this is kind of an
anomaly to us that at the time it showed what the net density of the entire planned
community was and it does adequately reflect that. What this Council didn't know was
what was put out as each lot was purchased, that that wasn't noted on your plats and
that is what is noted on others. So, that the inconsistency, you know, I guess lesson
learned, we will make sure that the entire plat is shown on CC&Rs and at signing your
purchase, but it's hard for the city to police that. I think that's a real estate thing, but --
sir?
Zaremba: Madam Mayor?
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De Weerd: Yes, Mr. Zaremba.
Zaremba: I would comment that I was not on the City Council at the time that this came
through, but I was on the Planning and Zoning Commission and am familiar with the
project from being on the recommending body that saw this before the Planning and
Zoning Commission saw it. So, most of us have some familiarity with it. And the Mayor
makes a point and, actually, the point has been made I think by staff and others that we
have changed our process since this happened. There was a time where the whole
overall picture was looked at and you averaged the density over the whole thing and as
the Mayor pointed out, this piece was not considered separately, it was considered as a
part of the whole. When you do the math on that, the whole thing is an R-4. There are
a lot of reasons why we changed that method of doing it later. It, actually, was driven by
the developers, because when they went to get loans to do a commercial thing it was an
exception -- maybe a whole area was R-4 and because of the way our code was written
at the time they could have an exception for a commercial area, they went to get a loan
for that and the lenders would say you can't -- we can't lend you commercial money in
an R-4 zone. Well, that began us realizing that we weren't getting out the kind of
information that people needed based on what was approved, that you couldn't look at
something that was approved and unless you read the whole DA or development
agreement, excuse me, unless you read the whole development agreement or went
through all of the minutes of the meetings, some of these little details didn't show up and
some of the little details aren't so little, as we are discovering on this one. And I guess
the only thing I can say in defense of the city, we have since changed the process, so
that even if you have a large area that is broken up, it is apparent from the maps when
something is different from the surrounding uses and we now do identify the correct
zone of what's actually going to be put there, not just as an exception to another zone
and we have from time to time actually been going back and rezoning things when we
found them. This one didn't get rezoned, but we are at least trying to improve the way
that the information is found and given out.
De Weerd: Thank you. Yes.
Crawford: My name is Eric Crawford, 2607 West Anatoli.
De Weerd: Thank you.
Crawford: You're welcome. Madam Mayor and City Council, one of my questions is in
regard to traffic flow, I guess one of the concerns I have. If I understand it correctly, the
-- upon completion the only exits will be onto Goddard Creek and when I look at it
roughly 171 units, you just throw some rough numbers out there and say 350 vehicles,
two vehicles per unit, and you figure on the low side one quarter of those people work
regular business hours, that's roughly 90 cars coming out onto Goddard Creek between
roughly 6:30 and 9:30 in the morning and I'm wondering where all that traffic's going to
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40
go, because that's a heck of a lot of cars that, then, need to be managed and with them
only exiting onto Goddard, it doesn't give us -- it doesn't give a lot of options and really
overweighs Goddard for all the residents of Kelly Creek and Lochsa Falls.
De Weerd: Good. Thank you. And to poll the audience, all those that agree with that
statement, please, raise your hand. Thank you. Okay. Further testimony? Yes,
ma'am.
Nelson: My name is Rachael Nelson. I live at 2479 West Wapoot. I just wanted to
comment regarding the school district and the schools. Last year it was Hunter. They
changed the school district lines this year. So, anything north of McMillan will go to
Paramount. I have a third grader at Paramount and the schools are -- it's extremely
impacted. She has 32 children in her class. They trip over each other trying to get their
backpacks. The teacher can't even get them to get together within 15 minutes. So, I'm
very concerned about the schools and what impact this is going have, but it is definitely
Paramount.
De Weerd: Thank you. All those indicating same testimony. Thank you. Yes, sir.
Bellamy: Madam Mayor, Council, my name is John Bellamy. I live at 2464 West
Wapoot. I have a number of concerns. I for one also checked the plot, it was an R-4. I
have two young children. I wanted to raise my family in a quiet neighborhood. This is
not conducive to that. During the CUP meeting that we had previously I brought up a
point on the CC&Rs during rebuttal. I was informed that this property will not be
required to adhere to any CC&Rs of the surrounding subdivisions. A lot of talk has
been given on landscaping. They have made concessions. They want to put in larger
trees, they want to put in more trees. Great. I'm all for it. However, that land out there
sits on a layer of caliche. I have replaced three trees in my property since June of '06
when I moved in. What is going to happen with this landscaping -- they said they are
going to put it in. Are they going to replace it when it dies? Are they going to maintain it
and are they going to keep it up. The -- some of my neighbors have the same issue.
Landscaping is very difficult to keep maintained growth there. They do die and I don't
want to see this property with a bunch of dead trees. Furthermore, promises a
developer makes at this point in time for maintenance and upkeep, what happens if the
developer sells this property? All promises are now null and void. We have nothing.
I'm worried about the area in front of the development in the CUP meeting. They
mention that that will be a commercial development going in. Comer of Ten Mile and
McMillan, we have a nice beautiful looking little strip mall. It's sitting empty. It has been
since it's completion approximately a year ago. We don't have the commercial property
out there to support this type of project. A lot of testimony has been given that this was
approved in 2002 under the Lochsa Falls development. In my uneducated mind what I
am seeing is that the original developer has parceled out this piece of this property and
has sold it to other developers. This developer has purchased this for the high density
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and he's piggy backing on the 2002 improvement. My question is why did the original
developer sell it off, obviously, he foresaw the future, saw it didn't fit, cut his losses and
run. And for the record I am opposed. Thank you.
De Weerd: Thank you. Thank you. Okay. Yes, sir.
Shilton: Madam Mayor, Members of the Council, my name is James Shilton, I live at
2351 West Quintail in Bridgetower. A couple of things I want to build on, a little bit
about what the Mayor commented on and why we think we have been deceived a little
bit. When we looked -- my wife and I looked for a place to live a couple years ago, we
went to Woodbridge is one of the first places we went to. Woodbridge handed us a
brochure with a web link of future development and whatnot. Showed Locust Grove
having the overpass. Well, right there we said, well, didn't -- we don't want to live there,
so we will go onto somewhere else. We went over the Paramount, showed that there
was going to be a high school next to it. We didn't want to live there, because we know
there is a high school there. Over here we didn't get that option. All of a sudden, you
know, we see this, so I'd just like to say that that was -- I do agree with you that
sometimes maybe it's real estate people that need to tell us what's going on. The other
thing I wanted to go into is to -- about the carriage houses. If they don't have pictures of
them, we do. We have taken pictures of the carriage houses during a presentation that
we gave and I don't think we are going to give it, but we did have pictures of the
carriage houses and I wish that all of you would take a look at those if you do. If you
don't have them, we have -- we do have actual pictures of those in other areas.
De Weerd: I believe that was given to us with the petition, if it's that same disk.
Shilton: Yeah. Well, now these guys could -- would be the only ones that could tell you
if it's the exact design as the other, but they do look the same. They have the -- all the
garages on the bottom and, then, a couple -- you know, the windows on top and
everything and interested on that. I'll also note that when I visited some of their other
facilities, that most of those garages and a lot of that stuff was used as storage and not
for garage -- not for vehicle use. The other concerns, of course, were fire. As the fire
department was talking about, they had -- or were trying to work with the developer.
However, I would like to mention one other thing. This is a commercial building, so to
speak. When the kids come in or somebody comes in and they pull a pull station and a
fire alarm goes off, it's going to ring outside. The bells are going to go off, the people
are going to evacuate the buildings, is that not true? I'm just --
De Weerd: Chief, I'll ask you after this.
Shilton: Yeah. I'm song.
De Weerd: Yes. Thank you.
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Shilton: But, anyway, the point I'm trying to make is when they do that kind of stuff, if
they are trying to alarm the rest of the building, if your next door neighbor's on fire, you
want to know. Well, as those bells go off it would seem to me that you're going to be
waking up the neighborhood, too. Now, if it's a real fire, of course, everybody wants to
be woke up. But if it's not and it's just a false alarm or nuisance alarm, then, you're
going to have that kind of a nuisance going on, as well as light coming in. They also
said they were going to plant trees in the back. Leaves fall off in the wintertime, so I just
thought I'd put that in. The other part that I'm really concerned about is --
De Weerd: If you can, please, wrap up.
Shilton: Okay. The 26 feet that's between the parking spots for the fire trucks, I'm a
little worried about that, because in some of their other areas they have big trucks, as
was pointed out, and they couldn't get through. And the last part I would say is the
drainage. If you notice that through there they have -- their walkway goes right through
their drainage fields. Now, you can't see it on here, but some of these comer places,
they indicate are going to be drainage fields and I really question that. Yes. Those are
drain fields. And, you know, we thought they were ponds, because that's what we have
in Bridgetower and all the other places. So, I would say if you're going to put a walkway
through the drainage area -- and I don't believe the eight feet that they quoted. I'm
song. I know that we talked to the CUP people of -- the Planning and Zoning about the
CUP last time on September 20th, I believe -- right. They said that they also believed
that the water table was higher than eight feet -- or lower I guess it would be. You
know, more like a foot, two feet during the wintertime. We have terrible drainage
problems out there. So, I don't know how they are going to do it. I really don't. I think
they are dreaming if they think they can drain that much. That's it.
De Weerd: Thank you.
Shilton: Thank you very much.
Borton: Madam Mayor?
De Weerd: Yes.
Borton: Mr. --is it Shilton?
Shilton: Yes.
Borton: In your testimony at P&Z and again today you made reference to the water
table, you had said three feet at P&Z. Did you have something that you were citing for
that?
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Shilton: Well, I -- the drainage areas that we have in our -- in our areas are maybe
three feet and they fill with water and, hopefully -- they have been doing a lot of work in
Bridgetower to get those fixed, because they were standing more than 24 hours and
that's the limit that they were allowed to have. And so they have dug deeper and
deeper and deeper and they finally got it into that. But I know that everybody around
there, if you open up your meter boxes and whatnot, the water is right there in the
wintertime. It's right at the thing. It's not eight feet down, it's right there.
De Weerd: You do, you have one up by the park that still is full of water.
Shilton: Yes.
De Weerd: And I mean it's been full of water year around. I did bring that up to ACHD.
Shilton: And I will quote this. When I brought that up at the Planning and Zoning
Commission on September 20th about the drainage problem that I believe they are
going to have, they promised that they would look into that and address that, so --
De Weerd: Thank you.
Shilton: Thank you.
De Weerd: Everyone's raising their hands. I guess I'm just taking it for granted that you
all agree with whatever is said up here, unless it's the development; right?
Zaremba: Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Zaremba: I would ask a Public Works person, if they are here, a question
Radek: Madam Mayor, Councilman Zaremba.
Zaremba: Among the technical things that the applicant has to do, isn't there a
requirement that they have a certified water engineer or hydrologist or some -- I forget
what the term is -- review their plans and --
Radek: Madam Mayor, Councilman Zaremba, there is -- a review of the drainage
facilities are part of a Public Works civil plan review. I'm not aware that there were any -
- any issues with this one. It does require that a professional engineer certify that the
drainage system is going to work.
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Zaremba: Thank you.
De Weerd: Kyle, do you know -- and I can ask the development this, but is this a slab
on grade?
Radek: Madam Mayor, I'm not aware of what the foundations are planned on this.
De Weerd: Because we do look at those a little bit differently in terms of drainage, from
my understanding.
Radek: Madam Mayor, maybe the applicant could comment on the foundation design.
De Weerd: Okay. I will ask them. Okay. Yes, sir.
Canning: Madam Mayor, while they are going up, it is slab on grade.
De Weerd: Thank you. If you will, please, state your name and address for the record.
Gorick: My name is James Gorick, 2496 West Wapoot.
De Weerd: Thank you.
Gorick: I would like to -- in the last meeting with the Zoning Commission, they had said
that they -- the trip meter was placed on Goddard and I think they registered 1,700 trips
and I don't know what the length of period was and I think it said it was 2,700 was
allowed, but I don't know -- for the record, if you guys are aware, that when they did that
that day on McMillan Road there was construction going on, so, basically, everybody
was probably going through other exits. I would say that it's fair that that be redone
again to get an accurate trip meter that's going through Goddard Creek, because I think
that was an inaccurate reading. I don't think it's fair to the community as a whole.
Secondly, they are talking about the extra costs that are going into landscaping. That's
definitely made up for the free fencing that they are getting on the east side and the
north side and the landscaping should be better, because it's only a five foot fence,
instead of a six foot fence. The other thing, too, my concern is with 2,700 markets
currently on the market in the valley and renters market going up three percent to -- or
four percent to almost seven percent, is there covenants as far as -- or a rule that says I
have to look at a big white sign that says renters wanted, you know, and are they going
to list the price and if these are high end, knowing it's going to seven percent, I mean
how far do they drop and that's my concern. And can they subsidize low income
housing. Not that that's a concern, I don't have any issues with that, I'd just like to have
that addressed up front. As with the rest of us, you know, we built our house and our
dream homes, but, unfortunately, that's kind of changed and the thing that is -- I hear
that -- I kind of want to know, is it's -- you know, what kind of compromise is there going
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to be when this goes in. You know, are you guys going to -- who is going to monitor --
you know, are there going to be speed bumps put in? Are they going to put additional
stop signs in? I know some of these people that live on the stretch that goes down
towards Linder, I mean huge concerns. If I had kids, I mean I would have for sale signs,
as do about probably fifteen other homes along that stretch of that, for sale signs
already posted. I don't know if you guys have even taken the time to drive out there and
take a look, but it's definitely not -- and what's ironic is as I walked into the room today
right up here in the front lobby you guys have this book and it's Meridian In The Middle
and here is a big article about Bridgetower --
Nary: Pull the mike closer to you, sir. Pull the mike closer. The mike. Just so that you
can be heard.
Gorick: It's called Bridgetower Subdivision and this book was in your lobby and it talks
about family values, greenbelts, walking, how it's all family atmosphere. You know, the
safety of the neighborhood and everything else. Granted, it does talk a little bit about
commercial development, but I mean just over the course of the last two minutes I have
heard the Mayor talk about accountability, lesson learned. I believe I heard you talked
about -- I can't remember what the lesson was on that, but how, you know, it wasn't put
out there, but, you know, if these articles continue to go out, who am I to believe? I
mean do I -- where else do I move to? I mean, you know, your guys' master plan, the
family value plan, that's one of the reasons I moved out there and I didn't know it was R-
17. 1 mean how do I trust the City Council knowing where I'm going to move to in the
future? I mean, you know, I read the books, are you guys telling these people that
publish the articles -- because I'm sure they are getting their information somewhere.
Where is --
De Weerd: That article was on Bridgetower.
Gorick: What?
De Weerd: The article was on Bridgetower.
Gorick: Correct.
De Weerd: And it is family friendly.
Gorick: It is family friendly. I'm just saying that whole area -- and I'm just -- just -- it just
kind of takes away from the values as far as what most of us moved there for and it was
supposed to be the close knit neighborhood — I mean I pay 600 bucks in covenants a
year; right? Am I going to have all this traffic parked in front of my house out there?
Every time I call a cop is she going to come and say, hey, you're illegally parked. By
covenants, they can't be there. I got to have my car in the driveway or I got to have it in
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my garage. Can they park there? Legally they can, because it's a street. Goddard
Creek they can't, but on the other street they can. Who is responsible for removing the
oil stains that get left in my street? Who is responsible for saying, hey, that junker's
been sitting out there for four days, I need it moved. Are these going to come and put a
ticket on it and six days later they are going to tow it and, then, the person that lives in
the apartment is going to come egg my house? I don't know. But I just -- I just hope
that some of those get -- get addressed and that as we move forward and we face a lot
of these issues, that you guys, you know, are willing to compromise and help us out.
Thanks for your time.
Bird: Sir? Sir?
De Weerd: Sir.
Bird: I've got a question for you. You made a statement that there was 14 or 15 houses
for sale along the -- along the road.
Gorick: I would say in that whole entire area.
Bird: Because of traffic?
Gorick: No. Because of the apartments.
Bird: They are sold because of -- either being sold because of the apartments now,
not --
Gorick: Correct.
Bird: You were stating about the traffic.
Gorick: No. I'm saying about -- I'm sure some of them are going to be because of that
traffic, because they haven't completed that road all the way through Linder, but once
they complete that all the way through Linder, that's just going to -- and that road right
there through Goddard Creek, if you follow that all the way through, it goes through a
loop -d -loop and, then, it goes out onto Chinden, there is cars going through there 55
miles an hour all the time right now and between 7:00 and 8:00 p.m. there is like six
bus stops along that road and it's just -- you just want to go out there and park your
vehicle, you know, just -- just to get them to slow down. It's just nuts. And that's what
you guys are going to have to realize in a year or two when these get built is people
coming back saying we need the speed bumps, we need the stop signs, we need all
this and you guys -- you guys are going to have to help us out here. So, that's going to
be the future.
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Bird: Thank you.
De Weerd: If I could ask you to hold your applause, that would -- yes, Chris.
C.Fries: Chris Fries. 2787 West Wapoot. Madam Mayor, City Council, a couple issues
just to touch on. I know several of my neighbors, three or four minimum, just within 11
houses, 11, 12 homes, have put their homes on the market -- you know, we have all
built these homes, put a lot of our hard earned money into them in an area,
unfortunately, that we were misled, more likely than nothing else, but by the developer.
And these homes are still for sale. These -- I know several of my neighbors have had
people that were interested in their homes and as soon as these people inform that
there is going to be apartments behind them, these people have walked. The home
value -- I mean I'm not a realtor and definitely wouldn't want to be one, not right now,
but I know that the property values that we are going to lose because of these homes is
going to be very tremendous and everybody on that street -- I mean we are in it for the
long haul at this point, because we are never going to see the money that we paid for
these homes back. The traffic -- I mean we can go on for days discussing all the issues
that we are going to have with traffic. I mean it's a busy community and subdivision as it
is. The entrance there at Goddard Creek and McMillan is -- I feel myself is a dangerous
intersection. You know, when you pull up to that intersection the stop signs are very far
off to the sides, it's a very wide intersection, and I don't know about the rest of these
people, but occasionally I have found myself you pull too far through the intersection to
see to where you're going to. You know, it's just -- you know, economically this is going
to hurt the entire community, you know, the money brought to the community by this,
the impact fees, that may help the city and the community initially, but I do not feel that
this will help the community in the long -- in the long term. That's it. Thank you.
De Weerd: Thank you, sir. Okay. All those — thank you. Okay.
Borton: Madam Mayor?
De Weerd: Yes.
Borton: I see scattered throughout some school age kids. If there is anybody who has
young kids and they need to get home or get out of here, if they want to jump to the
front of the line to testify -- I don't know if that helps you out. I just saw a couple scurry
out, so if there is somebody that needs to take care of somebody and wants to testify,
I'd invite you to jump up front. Going once -- okay.
De Weerd: Thank you, Joe. Yes, sir.
Pollock: My name is Russ Pollock. 2773 West Wapoot Drive. I do have school age
kids and hopefully they are home in bed right now. I just -- I wanted to echo some of
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the concerns that I think you have heard a lot of tonight. Again, we could talk a long
time about traffic, about schools, and all these types of things and I do echo those same
concerns. We spent a lot of money on our home, premium price, and wanted to stay
there for a long time. The thing that I really wanted to touch base -- why I wanted to
stand up tonight, though, was to kind of address Mayor de Weerd and David Zaremba --
how are you?
Zaremba: Fine. How are you?
Pollock: The comment that you made earlier -- and I don't -- I want to be careful here,
because I don't want to put words in your mouth. I'm not highly educated in the
planning and zoning and how this all works and I certainly haven't done the research
and put forth the efforts that Glen and Tracy and Chris have. They have done a lot of
work on this and I think that, in and of itself, speaks -- I'm sure you see this quite a bit,
you know, somebody gets in an uproar about this, that, or the other, we all have
differences, but this has gone on quite awhile and there has been a lot of -- pretty
passionate about this. I think what I wanted to -- what I'm trying to say, I guess, was if I
heard you correctly, I know you have spent sometime and you have visited the site and
I appreciate that and you have gone out and I think you're aware of the neighborhood
and so forth. I think the point was made that -- and this is the first time that you have
seen this. Maybe this is a unique situation. Mr. Zaremba, if I heard you correctly, in a
nutshell maybe there was some flaws here, maybe this isn't quite right. I felt this way
and I think a lot of the people behind me have felt this way for a long time and that's why
we are here today. I think there are some flaws here. I don't -- I don't think it fits. I
don't think it's the right thing to go there, for a lot of different reasons. But I guess, you
know, I'm a small business owner, we try and teach our kids one thing and I think there
is an opportunity here to make right a wrong and if I -- if I could say anything tonight, I
guess that's the point that I would like to get across is, you know, there is a lot of
concerns, you're going to hear a lot of them, but if that can be done, everybody makes
mistakes, you know, things have got to -- there is nitches and everything's got to be
worked through. But it wasn't quite right, can we make it right and that's what I would
like to see. Thank you.
De Weerd: Thank you. Thank you. Yes, sir.
Valas: Madam Mayor --
De Weerd: You can pull that down if you'd like.
Valas: Yeah. I am a little shorter.
De Weerd: Thank you
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Valas: Madam Mayor, City Council Members. This is probably going to sound a little
familiar to you --
De Weerd: If you will state your name and address.
Valas: My name is Paul Valas. I live at 2704 West Cedar Grove in Kelly Creek.
De Weerd: Thank you.
Valas: And this letter is probably going to sound a little familiar to you, because I did
send it to you. It starts out -- and it deals more with the procedure than we are talking
about. I said I attended the meeting on September 20th and I became aware that the
Commissioners had made up their minds in advance to okay the permit and there was
discussion over the color of the paint and the shingles and so on. The City Attorney
made it clear that the city had no choice but to grant the permit. The thought occurred
to me that if I come before the Council and obtained a permit ten years ago to build a
bar and a dance hall and I sat on that permit for say seven or eight years, in the
meantime, they had built up subdivisions and schools across the street and so on, when
I came back and said I'm ready to build, I probably would have been told you should
have built that while you had the chance. Which brings up the question: Why didn't the
developers build this at the beginning? In other words, when there would have been no
opposition and easily gone through? Well, the answer to that is money. They new dam
good and well if they had built this in the beginning it would have devalued every lot
next to it and to a diminishing amount as it went away. Now, some may say this is
smart business practices, some might say it's a little bit bordering on fraud. But they
knew that there was no disclosure laws in the state of Colorado -- or in the state of
Idaho. Excuse me. I'm from Colorado. There is state -- there is no disclosure laws on
new construction. So, you don't have to say anything, you just have to sit there and be
quiet and you -- even if somebody asks a lot of questions and comes up and they find
out it's zoned R-4, it still doesn't bring up a big red flag. A lot of people here think they
have been had and I think they have, too. All you have to do to do this is -- get away
with this is just sit there and be quiet. It's the worst lie of all. It's a lie of omission. And I
know the Council members -- the remedy of this is -- probably is disclosure laws for the
State of Idaho that a lot of other states have. At the least this was a deceptive practice.
Waited until the last house was built before they even brought this up. They knew dam
good and well if they would have built it in the first place what would have happened.
So, I think -- I don't think there should be -- the Council should reward these people with
type of behavior. There is an old axiom in the law that's the basis of most the laws that
we have today and it says that no person should be allowed to act in such a manner
that it's detrimental to the society as a whole. Thank you.
De Weerd: Thank you, sir. Thank you. Further testimony? Yes. If you will, please,
state your name and address.
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Hayes: My name is Mindy Hayes. I live at 2674 West Divide Creek Street. I'd also like
to speak for part of the real estate community. When my husband and I, who is a proud
Meridian Fire Fighter, thank you very much for the opportunity to make home here in
Meridian -- I acted as the real estate agent as the buyer's representative and I worked
very closely with the listing agent, who was working for the builder. As far as I know
there are probably about three or four builders for our community and working hand in
hand with them they assured me -- we compared plat maps and it was thoroughly
discussed before we put our earnest money down that this area would be filled with
luxury townhomes, possible soft commercial, which the details on that would be
dentist's office, attorney's offices, things like that. Like what we see at the front of --
what is that one, over on Locust Grove, right by the fire department. At any rate, if there
had been any indication that this type of development would have gone in, there is no
way that I would have made my home here and I don't believe that the other realtors
working for the builders were aware that this development had been approved.
Otherwise, they wouldn't have advised and discussed with the other respective realtors
that that was going to be going in there. They would have lost sales. And I'm currently
a lender. My husband's very happy working, you know, at a fire department for
Meridian. We love our city. But I'm really concerned that our community is being put on
the altar as a sacrificial Iamb. Please don't make an example of us. There are plenty of
local developers who would be more than happy to work in line with Meridian's true
vision and would be much more sensitive to our concerns as the communities being
affected. In fact, Action Real Estate and Mark Bottles are wonderful people. If the
developers would like to offer up their property for sale, I'm sure that there are a lot of
people who would be interested and would make better use of this property. That's all I
have to say.
De Weerd: Thank you. Look at all those land buyers. Okay. Yes, ma'am.
Olman: My name is Linda Olman and I live at 2735 West Root Creek Street and I'm
against and for all the reasons, basically, that have been stated. But I have a concern
and my concern is when and if these apartments do go in, what's going to be happening
with the parking during the construction on Goddard Street for all the equipment. There
is no roads going into this yet, so, therefore, there is going to be, you know, lumber
being brought in and all the equipment and stuff. I mean parking on Goddard Street, it's
going to be a muddy mess. There is going to be lots of congestion and how is that
actually going to be handled? Just a concern that I have on that. There is no room on
Goddard for parking of any of that type of equipment.
De Weerd: Thank you. We will ask for a response for that.
Olman: Thank you.
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De Weerd: Thank you. Everyone that agrees with that? Thank you.
Clizbe: Madam Mayor, City Council, my name is Dan Clizbe, 2668 West Los Flores
Drive. Bridgetower.
De Weerd: Thank you.
Clizbe: I have also been asked by Don Fleck if may hand a letter to yourself and
Council members. I'm one of the Californians that moved here and I have to admit that.
But sitting in my home in San Diego, I -- on the intemet I did look at the R-4 that was
listed for the city and I'm sure the gentlemen who are wanting to build the apartments
have done their best with what they have to work with. However, what we have is a
square peg trying to go into a round hole. We do not have any three story homes
around where I live. My house backs up to Meridian -- or to -- excuse me, to McMillan
and I will be looking at three story homes -- or three story apartments. I will be looking
at the apartments right there. I came here with this vision of the City Council taking care
of the citizens and really watching out for the people of Meridian. That's why I moved
here. I moved away from congestion. I didn't want to move into congestion. So,
everybody can have an opportunity to change wrongs that they have made and this is a
wrong. By approving this, this would be a serious wrong for this entire community.
Thank you.
De Weerd: Thank you. Thank you. Further testimony? Yes, sir.
Sanford: My name is Corey Sanford. I live at 2199 West Apgar Creek. I just want to
reiterate the reason why most of us are here and that's because of our values. We
value our homes and our money. We value our families. We value our safety. We
value our health. We value our children. We value their education. And we feel like the
City of Meridian has handed that to strangers. And we have trusted you to be on our
side and I just want to say that the trust is still there, I hope that you will be on our side.
We all want what's best for Meridian. We all want what's best for our family. We want
to raise families here and we want to take it back out of their hands and give it to you.
So, please, use that trust wisely. Thank you.
De Weerd: Thank you. Okay. Further testimony? Yes.
Layton: My name is Sandra Layton and I live in the second house in from Goddard
Creek and that entire row is parking.
De Weerd: Your address?
Layton: Oh. 2545 West Wapoot.
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November 27, 2007
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De Weerd: Thank you.
Layton: And when I'm in my bottom level I have all back windows and I see the entire
lot, except for about the first six feet from the fence. And I see every headlight and I am
really worried about having -- being bombarded with headlights on a daily basis, every
morning and every night. And I'm very -- I mean I would like to invite you to my home
and just take a look, because it's -- it is about six feet is all that's protected by that
fence. And I see every weed. So, I'm saying you're welcome to come over, anyone of
you. Okay. Thank you.
De Weerd: Thank you.
Rountree: Got to be careful if you raise your hand, we are all coming over.
De Weerd: Yes, sir.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Could I ask for the display to go back to a wider view and the one that I liked
before would be a nice one. Thank you.
Hessing: My name is Matt Hessing. I live at 2745 West Wapoot Drive.
De Weerd: Thank you.
Hessing: Thank you for visiting our house, Mayor de Weerd. We did talk to you for
awhile. The main concern that my wife and I both have -- we have four young children
and our children ride their bikes up and down our street all the time. They go and play
with the other children around the neighborhood. One of our very good friends lives
right next to the pathway that comes off of the proposed site into Wapoot. That worries
me, due to the amount of traffic that that will bring onto our street. It worries me for my
children's sake in not being able to ride their bikes past our driveway anymore. It
worries me just for the safety of all the children on our street. There is a lot of young
children on our street. Many of the people on our street have upwards of three, maybe
four children each. I know that you guys will make the right decision and the best thing
for the community and I hope that -- that you do take that into account. Thank you.
De Weerd: Thank you. Okay. Yes, ma'am.
McClain: I'm Jill McClain and I'm at 2135 West Martin Creek Court in Lochsa Falls.
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De Weerd: Thank you.
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McClain: My concern is all of these things, obviously, but when we moved into those
neighborhoods -- and it does affect Kelly Creek, Lochsa Falls, Bridgetower, all of those,
not just the Wapootians. But the -- sorry.
De Weerd: They have a new name.
McClain: But, anyway, it's the traffic and everything else. But it's also the fact that
when we were at one of the meetings, one of the things that we asked was where they
high end to fit in to the homes that are 300,000 to five, six hundred thousand in those
areas and it's kind of funny that he answered that the rent and those placed would be
600 to 1,100, that it wasn't going to be low income. Well, my nephew, he used to run a
place for 525 low income housing in '92. So, you know, it's not high end and, then, you
have the density on top of that and I just can't imagine that it's going to be the quality of
renters or people that we want in there. So, it's not just the looks, it would be the -- you
know, how it looks or what kind of landscaping or anything else -- it's the type of people
that would be coming and going and how often they tum over and who is going to take
care of them for the kind of -- well, I can't imagine that's put up with that in Eagle. So, I
throw that in. Thank you.
De Weerd: Thank you. Oh, you're brave, Chris. Okay. Any further testimony? Yes,
ma'am.
Stewart: My name is Sarah Stewart and I live at 2630 West Wapoot.
De Weerd; Thank you.
Stewart: And I sure wish my husband was here to do the talking, but we lived in a mid
range apartment complex before we moved here in January and every time we'd walk
out to take the dog, no matter what time it was, there was people in their cars smoking
dope, walking around, and recently in that apartment complex there was someone that
exposed themselves to children and women. So, I find that this is going to be the same
thing and that the prices that we paid for our homes -- it is a big concern.
De Weerd: Thank you. Thank you. Okay. Any further testimony on this application?
Yes.
R.Layton: My name is Robert Layton. I live at 2545 West Wapoot Drive in Meridian
here.
De Weerd: Thank you.
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R.Layton: I got a question. This is rated as an R-4; right? Up here? R-4 zoned. Why
is it, then, Selway is going -- asking for an R-40 at the zoning -- Planning Commission?
That's all I have to say.
De Weerd: Thank you, sir. Okay. Any further testimony? As the applicant you will
have the final remarks. Or the appellant in this case. Okay.
Canning: Madam Mayor, the applicant had asked for rebuttal time as well at the
beginning of the hearing.
De Weerd: Okay. Okay. If there is no further testimony, we would ask, then, the
developer to have their remarks and we will conclude with the appellant.
Fluke: Thank you, Madam Mayor, Members of the Council. Daren Fluke again. 250
South Beachwood in Boise, representing the applicant. I will be brief in my rebuttal
remarks. I'm going to group these remarks into about five categories and just try to
dispel some of the myths that you have heard. With regard to the impacts on
infrastructure, schools, roads, traffic, drainage, parking during construction, let me say
that, again, this was approved as a master plan development. All of the impacts were
reviewed at that time. There was a traffic study done. This was accounted for in the
planning for schools. As you all know, Wendell Bigham exacts fairly well on school sites
out of developers when they come in and they did the planning for this area. They have
sites in the area to accommodate it. Yes, we all wish the schools weren't so crowded,
that they could build them faster, but it will catch up and as you well know, the impacts
are never able to be mitigated prior to the development going in. It's part of the tax
revenues that are generated for those -- those services that are being provided that are
used to update the facilities and accommodate the development. With regard to roads
and traffic, same comments. There are improvements planned to the intersection of
McMillan and Ten Mile, Linder and McMillan just got done. This project will generate
376,000 dollars in impact fees that will be used in this area by law in the area for capitol
improvements within this area. With regard to drainage, we have a full geo-technical
report and it will be submitted with our building permit as required by -- before we get
the building permit. That will all be reviewed, all the calculations will be reviewed, and
as you well know it will not be an issue or it will not be approved. With regard to parking
during construction, I would just point out that there is the ten acre lot to the south of us.
We will have a construction easement to utilize that to park equipment on. It's currently
vacant and will easily accommodate whatever parking happens during construction.
With regard to the issue of property values and compatibility, based on what I have
heard tonight I would think that only monsters live in apartments and they are not the
same kind of people that live in detached single family dwellings. My clients own and
operate over 1,300 apartment units in the northwest. Last month four of those were
open. They know the market. When they -- looking at this market, the vacancy rate in
apartments are about three percent and with regard to compatibility, it has less to do
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with the land use than it does with the quality of the project. As you can see from what
we have proposed from the architecture, to landscaping, the site design, it's a quality
project and it's only in my client's best interest to maintain their project, because, then,
the rents stay high and people want to live there when it's a quality project, not when its
a rundown eye sore that nobody wants to look at. They are going to own and operate
the project. You do have conditions of approval that require maintenance and it's in
their best interest. So, it will be maintained in a fashion that will fit in with the
neighborhood. With regard to property values, I would submit to you that property
values have significantly decreased right now and it has nothing to do with the Selway
Apartments everything to do with the market and how many houses were built out here.
Again, it's all about a quality project and it's about regular people who live there, many
by choice that don't want a yard to take care of, that don't want a three or four, five
hundred thousand dollar house that they have maintenance, pay taxes on, take care of.
This is an efficient way to live. It's an attractive area and it attracts regular, normal
people that drive cars just like the regular normal people that drive cars out there right
now. So, if there is people going too fast right now, you need to talk to your neighbors
and get them to slow down. With regard to the deceptive practice, I would point out to
you that this is not the same developer who developed the project, nor is the landowner
the same developer who developed Lochsa Falls. He came in, basically, to provide an
annexation path for the original developer. The original developer being a developer of
single family dwellings, never intended to develop either the commercial or the multi-
family residential. Further, we have submitted on the record that the site -- the site was
posted with the sign paid for by the property owner that had been knocked down and
put back up several times and I don't know when the last time it got knocked down and
didn't get put back up was, but we have submitted that sign and it is on the -- it was on
the property at some point in the past, so it wasn't deceptive. Let me just leave you with
this. This is a quality project. This was a master plan development. It was always
intended to develop like this. Nobody intended to pull the wool over anybody's eyes.
My clients looked at this property and it fits in with what they do, with their business
model. They wanted to buy it, because it was already entitled, not because they wanted
to have a zoning fight or pull the wool over anybody's eyes. They looked at it, they saw
the development agreement, the contract, and said this fits with what we do, we can
build a quality project here that's good for the city and fits in with the neighborhood and
is good for us. We respectfully, again, request that the Council affirm the decision of the
Planning and Zoning Commission and approve this project.
De Weerd: Thank you. Council, questions?
Rountree: I have none.
Zaremba: Madam Mayor?
De Weerd: Yes.
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Zaremba: Two. Mr. Fluke. One of the recent testifiers said that there is an application
going to rezone this. Is that happening?
Fluke: There is. It was a condition of approval that we were required to submit an
application for rezone. That is -- that is because the staff wanted the zoning to match
the land use on the property and it -- because the project was approved as a part of a
PUD, it couldn't be required of the applicant up front and, frankly, we were resistant to
that for obvious reasons. Because the project was approved, we didn't want to have to
fight another battle over zoning that we don't care if it's zoned R-40 or not. This is what
the project looks like, regardless of the zoning, so -- so, yeah, it was a condition of
approval. We have submitted that application in accordance with the conditions of
approval.
Zaremba: Thank you. And the second question you may or may not know an answer
to, but you mentioned that you're going to make an arrangement for the property to the
south. Do you know whether there is -- it's approved for commercial uses. Do you
know whether whoever owns it -- maybe you represent them, too, I don't know, but are
they still planning on commercial there?
Fluke: They are. The landowner is not a developer and that's why he's selling his
property to developers. I would point out that he also sold the land that he owned north,
which is now known as Kelly Creek, approved as a part of Lochsa Falls. It was
approximately another 60 acres, I believe, that is Wapoot and points north. He sold that
to another developer. That was not developed by the original developer and so that
same will be true of the multi -family site and, then, of the commercial site to the south
and that is still the plan. The neighbors will see a final plat coming through on that
property at some point in the near future, again, in accordance with the conditions of
approval and that will be the intent to develop it with office.
Zaremba: Thank you.
De Weerd: Okay. Daren, before you sit down -- is our chief on over there? Ron.
Residentially, before a certain number of houses can be built -- I think it's 50 houses
with one entry and after that there has to be a secondary access -- is -- what is the rule
on multi -family?
Anderson: That's kind of a gray area, Mayor, because of the height of buildings and
things like that. But in this particular project the fire department was the one who asked
for the secondary access because of the number of units there.
De Weerd: So, the secondary access is just the emergency access onto the same
road?
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Anderson: I believe there is a second one over here on the left-hand side of the project,
too.
De Weerd: That doesn't connect anything yet either.
Anderson: Right.
De Weerd: So, will that be required to connect to something before --
Anderson: When we know what's going on down to the south. Right now we don't
know what's going down to the south, so this other emergency exit is what was
required, so that we would have two to the project immediately.
De Weerd: So, you won't limit the number of units until that connects to something?
You just need it to eventually connect to something?
Anderson: We have two connecting right now.
De Weerd: It's -- okay. So, you -- that is considered the second --
Anderson: Yes.
De Weerd: --connecting point?
Anderson: Yes.
De Weerd: Even though that will be emergency only?
Anderson: Yes.
Fluke: Madam Mayor, I would point out two things regarding that and we -- the
architects have worked with the chief and his staff extensively on this. This does qualify
or conform to the requirements of the Uniform Fire Code and the International Fire
Code. But, more importantly, I'll just point out to you as well that this will also be a
connection to the south, as will this, upon development of the office project to the south
of us and those will connect. That's how the master plan shows them. The parcel to
the south was approved for two approaches onto McMillan and those approaches do
comply with offset standards for ACHD to this day and so there will be good access
directly to McMillan not that far in the future. And what you can't see from the audience
is that there is a little line drawn right here and what this — what this is indicating is that's
the end of our turnaround, because what this does is function as a T type turnaround
from here to here. And so that is from -- that point right there is where the 150 feet
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dead end is measured and goes to there and that also complies with the International
Fire Code.
De Weerd: Okay. I guess I just have one other question, because you have mentioned
compatibility and you have also mentioned that this fits and I know in the letter from
your attorney it mentions compatibility is not sameness, although, again, I was here in
2002, 1 know the vision for this area was something more and so I think it is the same,
that -- the same quality expectations for -- for these -- for this development as that north
of it. Do you think that this is equal in quality?
Fluke: Madam Mayor, I do. I think this is a fine site plan. We are very proud of the site
plan we --
De Weerd: Well, I'm talking even building materials.
Fluke: And building materials as well. We made a case for the vinyl siding, because it
holds up best through time and if you would compare the two material boards side by
side, which are here tonight, you can see from a distance you don't even notice the
difference and from a maintenance perspective it holds up better. These are some of
the nicest buildings -- multi -family buildings that I have see designed. They compare
with anything in the area. You could -- you know, find me any other two or three story
buildings and I will show you that these have as many or more architectural features as
those buildings. The ones that come immediately to my mind are the ones on the north
side of Chinden that were developed by Brighton in the Boise Research Center. They
are on the north side of Chinden, there is offices out there, they are a colonial style
building and I think if I could put up a photo of those and we could show you
architectural features side by side, we are very proud of these buildings. This is a nice
product and, yes, it is a quality product. It's by no means shoddy and I will state that
emphatically. This is a nice project and with nice materials and nice landscaping and
the comment regarding sameness I think was -- was referring to land use. This is a
residential land use next to a residential land use, albeit at a higher density, but these
are people who need a place to live as well, people who live in your community with
productive jobs and not all of them want to live in a single family project. They like --
you know -- but they might want to live in close proximity to a project. It's a nice area
and it's desirable for -- for what my clients do.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Daren, you say -- you're comparing these to what's over in Boise Research
Center? Are you going to be a lot of brick?
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Fluke: No, not -- those are a totally --
Bird: I mean those over there are brick. I mean those things are -- are fancier than
most houses we got in this community.
Fluke: Madam Mayor, Councilman Bird, I didn't mean to say that there are two different
-- totally different architectural styles, but I think if you were to sit them side by side and
say, okay, this has a lot of brick on it, this has stone on it, this has this type of
architectural feature, we have this much articulation on our buildings. A lot of thought
has gone into these buildings and making them look visually interesting. A, from the
ground up on how they are built with the popouts, the fenestration of the windows and
how it all fits together, but, B, with the color scheme. Every single one of those
buildings has already been designed and we know where each type siding is going,
what color it's going to be, and they are all mixed and matched so to avoid monotony
and the site plan really lends itself to that as well.
Bird: I got a follow up, Mayor. And as I understand, these are going to be slab on
grade?
Fluke: Yes.
Bird: Is that better than foundation?
Fluke: Well, I have to let the architect speak to whether or not it's better. I know that in
Bird: It's cheaper, we know that.
Fluke: Well, Not necessarily. It's more -- it takes a lot longer to build and it's often used
in areas with -- where you do have high groundwater, which we do not, but because --
you know, you have heard of wet crawl spaces and such and so we often use slab on
grade in those situations. In this case it is a structural consideration based on the geo-
technical report and the building that's been designed. It's nothing more than that.
Bird: Well, I'm neither an architect or an engineer, so I'll take your word for it. Don't
agree, but I'll take your word for it.
Fluke: Madam Mayor, we could surely have Wayne explain that better than I could, if
you were so inclined.
De Weerd: Okay. Council, any further questions?
Borton: Madam Mayor?
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De Weerd: Yes.
Borton: Is this -- Daren, is there another part of the applicant's testimony? Are you it or
is there someone that's following you?
Fluke: Not unless you had specific questions for the legal staff or the architect.
Borton: But I have got specific questions, so they are coming your way. In your
discussions with the community or with staff, is there any specific architectural amenity
that was requested of the project which you and your client were unwilling to accept?
Fluke: Madam Mayor, Councilman, the vinyl siding is the one that comes directly to
mind and I think I have explained why they want that. From a maintenance perspective
it lasts much better through time, the vinyl products are much better in this day and age
and so the decision was made to make that case to the Planning and Zoning
Commission in the hearing and see if we could convince them of that. We could not
and we will follow that decision.
Borton: Okay. But I mean as we get here now. Not at P&Z, but as we sit here today
the vinyl siding issue aside from that, is there anything else with regards to the
architectural specifics that the planning staff and the community could not see eye to
eye with -- with you and --
Fluke: Madam Mayor, Councilman, I can't think of any other significant issues. We
added the stone on the buildings in response to our first neighborhood meeting and to
try to dress up the building some more. We -- we changed the carnage homes -- the
houses to have two different styles of buildings instead of one. We moved some of the
balconies off the end -- gables into the front of the buildings to --
Borton: And I don't know disagree there has been lots of concessions. What I'm just
trying to figure out what are the specific sticking points, if any, where despite the
discussions there is still a disagreement. The staff and community want X, we just
disagree, we want Y.
Fluke: Well --
Borton: Architecturally.
Fluke: -- Madam Mayor, my clients would still prefer to use vinyl if you were so inclined.
Borton: Okay.
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Fluke: But other than that, I don't think that there is anything in the conditions that we
can't live with.
Borton: How about with regards specifically to landscaping amenities? Anything
specifically that the two sides couldn't come to an agreement on?
Fluke: Madam Mayor -- well, I have heard lots of things tonight, that maybe we have
too much landscaping now and, you know -- so, I don't know. The Planning and Zoning
Commission asked us to plant the plantings closer than -- than what the ultimate grow
habit of the trees are. So, in other words, what the ordinance typically specifies is that
trees would be offset by a particular distance to accommodate the growth of the trees,
so that they basically come together in that fashion and what the Planning and Zoning
Commission asked us to do was increase the density of the plantings, so that they are
going to overlap and it will be an issue with maintenance, but it's one that we can live
with. Excuse me.
Borton: Daren, was there anything -- any specific request concerning landscaping
amenities by way of example on the north and west property boundaries, which would --
were requested of property owners to alleviate some of the light pollution headlight
issues that -- that they wanted addressed to try and solve those, but you and your client
were, for whatever reason, unwilling to agree to?
Fluke: No.
Borton: Okay.
Fluke: We have -- as Wayne explained, we have got a six foot fence and, then, at the
top of the fence you will have a mix of deciduous and evergreen tree canopies to try to
buffer the views into the projects, so I can't think of anything that was requested, other
than there was discussion of a berm, but the neighborhood was definitely of two minds
on putting a berm on that north side, because what it would, then, allow would be
people to walk up on the berm and look into their back yards over the fence and so --
Borton: Okay. And there is no berm, obviously, in the design.
Fluke: No.
Borton: The last question is with regards to specific recreational amenities. You know,
you have listed them from the pool, the hot tub, the walking paths, et cetera. Was there
any specific disagreement between you and your client and the public and staff
concerning what recreational amenities are included and shouldn't be or are excluded
and should be add?
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Fluke: Madam Mayor, there were not. The Planning and Zoning Commission asked us
-- or the staff asked and the Planning and Zoning Commission required that we add an
amenity in this area here. They mentioned either a basketball court or a horseshoe pit
and we are fine with either. I think from the neighbor's perspective there was some
concern over a basketball area versus a horseshoe pit and so we are amenable to
either.
Borton: Okay. And you might have commented on it and I might have missed it with
regards to the walking path on the best boundary line. Are those paths through
drainage areas, drainage swales? Are we going to have concerns there?
Fluke: Madam Mayor, two things regarding that. One is the first -- we often label those
interspatial spaces as drainage to reserve the right to do that, because we haven't
designed the drainage when we put the plan together, so we don't know what we are
going to get. Since we got the geo-technical report and what we have done on design
for drainage is use seepage beds within the drive aisles and those are sized
appropriately to accommodate the storm event and we don't need the ponds, so, no,
there won't be a conflict.
Borton: Okay. Thanks, Daren.
De Weerd: Okay. Council, anything further? Anything further?
Fluke: I'm just hearing it will be a horseshoe pit. There is not room for a half basketball
court in the area, the landscaping and other such things, so -- thank you.
Borton: Thanks, Daren.
Tiderman: Thank you, Madam Mayor. Glen Tiderman, 2432 West Los Flores Drive,
Meridian. A few things that we'd like to touch on. First of all, since it's kind of hot in
everybody's mind, in the file of commercial on our submitted disk there should be some
pictures of the apartments at Hobble Creek, if that would be possible to bring those up.
Canning: Madam Mayor, I was not given a disk for tonight.
Tiderman: You do have -- hang on. Some of the neighborhood photos earlier looked
like ours, so I thought that that was available for us. While those are coming up -- one
of the -- one of the comments that we would make about the Hobble Creek Apartments,
the brick units that you're mentioning there off of Chinden near the Y, I stopped in there
and talked to them and they are exclusively hardy panel lap sided with brick. They -- I
didn't ask a percentage, but I'd have to guess that the brick percentage on all four sides
of each of the buildings is somewhere in the neighborhood of 40 percent, possibly
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better. They are three story, which, of course, we would argue against, I'm sure, if they
were going to be anywhere near us.
Canning: Mr. Tiderman, are you sure they were under commercial?
Tiderman: I'm pretty sure. Is there anything in there that would say like apartments or
Hobble Creek? I don't -- I believe they would be under commercial. I hope I didn't skip
that. I'm pretty sure we added those. No?
Canning: I'll show you what -- I'll show you what files are on there.
Tiderman: Yeah. That's on my list. I must have not put those on that -- on that.
Anyway -- okay. My apologies. Anyway, those apartments were built at the same time
as a subdivision, not built out after. They -- the woman that I talked to was not specific,
but she did say that their density was lower than 171, compared to a ten acre. They
had more acreage and she felt that their density was lower. I'm not sure if that's entirely
true or not. It does look like a highly dense population. But they are a very attractive
apartment complex. And, again, all hardy and brick. Councilman Bird, you asked a
question about Hunter. That was a very good eye you had. Those lines have been
redrawn. I actually talked to both Principal Clark at Hunter and Principal Brigham at
Paramount and they both confirmed that it is a Paramount draw on that. Let's see. On
the amenities there was some concern about basketball courts in the previous meetings
from the residents, whether they were voiced on the record or not I'm unsure about, but
I know that they were voiced within the -- within the group. Noise issues at hours of the
night and things like that were a concern, even for the -- for the horseshoe pit at its
given location was a bit of a concern. We would argue that there might be a better
location for that. Let's see. The drainage I think has been -- is now under the roadway,
so I think that is concerned. I never heard it mentioned again. I mentioned a right turn
only out onto Goddard. I'd like to make sure that that is considered, if at all possible.
And in terms of water table, I live in Bridgetower, I am right across McMillan from this
and admittedly across from an irrigation ditch. I dug last spring two holes two feet deep
for posts to be put in to anchor some blackberries. When I got the first hole finished I
walked off to get the post and in the time that it took me to walk off and get the post I
had about an inch of water sitting in the bottom of that hole and the same was true for
the second hole six feet apart. I can tell you that in -- from my neck of the woods, which
is less than 300 feet away, I would guess, based on my notification radius, we are
clearly less than eight feet on the water table. And I think that there is a number of
others that could probably confirm that. We would like to see development in this area.
We don't want to see it be left as -- as a -- as a weedy bit of land. We would ask that
development would meet more along the lines -- there we go. Thank you. Somewhere
in there I knew I had them. Anyway, we would ask that the development would be
something more along the lines of, you know, maybe R-4 to R-8 and no more than an
R-8. Also, we would ask that owner occupied be considered. I personally asked that of
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the gentlemen of Rudeen in one of the previous meetings. They have, in fact, produced
condos in the past. They flatly denied any request for that. So, that has actually been
brought up personally with them. Again, we are not opposed to development. We like
to see development. We'd just like to see it at a much lower residence rate. And lastly,
you know, a lot of comments are made about, you know, not wanting renters next to you
and the reality is all -- most, if not all of us have been a renter at one time and my next
door neighbor, who is not here tonight, put this in perfect perspective for me one day
and he said, you know, it's -- I'm not choosing to not live next -- or to -- let me back up a
second. He said that, yeah, he's been a renter as well and the difference is is that when
he was a renter he wouldn't want to live next to himself, because he was at a different
time in his life. And that's not true for all renters. We recognize that. But it is true for
some and, you know, the -- the lifestyle of families is going to be different than the
lifestyle of singles or possibly married -- you know, married without children families in
the area. Again, not opposed to it, it just -- there needs to be some recognizing that
there is -- there is a connection and yet there is a difference. So, I definitely appreciate
your time in this matter and hope that you see fit to make some changes here. We'd
very much appreciate it.
De Weerd: Thank you.
Tiderman: Thank you.
De Weerd: Council, any questions?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: In the original plans, one of the ideas was that a higher density residential
use would be used as a transition or a buffer between what would be the commercial
use on the next piece of property, which is not at issue at the moment, but it sounds like
it may be. And I guess my question is what do you envision for what's currently
designated a commercial in the future and if you still think commercial would be
appropriate there, what should the transition be on this property?
Tiderman: I think R-4 to R-8. I think, you know, if we -- if you up zone the R-4 to R-8
and, hopefully, made that some sort of a compatible -- I would personally like to see
owner occupied. I think that a greater amount of personal pride goes into an owner
occupied development. I think you can see that recognized within the people here,
there is a lot of pride here and we want to see that continued throughout the
neighborhood. So -- so, I understand -- and I'm not faulting the ideas at the time, I just
think that at the time the vision is different than what we feel the vision should be now.
Some buffering, great. But the problem is is you're taking three hundred to four hundred
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thousand dollar homes, which I'm sure at the time nobody comprehended that kind of a
development in there, and you're buffering them with apartments that are going to rent
from 600 to 1,100 dollars a month, one bedroom to three bedroom and, you know,
many of us have, you know, at least three bedrooms to five bedrooms and, again, family
residence. Some of these folks have got kids that play in the backyard and when they
bought they had envisioned that they might have three or four neighbors across the
back of their fence. Well, three or four neighbors -- and I think four would be a very high
number if you had some sort of regular home -- or home residential building there. You
can monitor that, but you can't monitor 171 changing residents just on the back side of a
five foot fence. It can't be done and the perceived threat is going to be maybe greater
than the true threat, but it's still going to be there and it's going to be unnerving to those
people that live across that -- that area. It's unnerving to my wife and I and we live
across McMillan, okay, so -- and we are thankful for that buffer, to be perfectly honest
with you, and the reason I have fought as hard as I have is because of those folks that I
think are getting an unfair shake at it.
De Weerd: Okay. Council, any further questions?
Zaremba: Thank you.
Tiderman: Thank you.
De Weerd: Thank you.
Tiderman: Thank you very much.
De Weerd: Okay. Any further questions for staff, information needed by Council?
Staff, any further comment?
Canning: No, ma'am, other than I finally found Mr. Tiderman's views of the apartment
complex he wanted. I did show them. I'll show them again. That is a picture of Hobble
Creek, as is this.
De Weerd: And the developers did not have a percentage of rock face? Okay. Okay.
Thank you, Anna. Okay. Council, if there is no further information needed and no
further comment by the appellant or developer, I would entertain a motion to close the
Public Hearing if you so desire.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
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C,
Borton: Is the developer able to provide us a not less than percentage for that, with
regards to the rock face? I know we don't have an answer, but if there is an ability to
convey some basement percentage -- I know it sort of puts you on the spot.
Rountree: We can provide one.
Borton: We can provide one, but I would offer the opportunity to suggest one.
Thowless: Madam Mayor, Members of the Council --
De Weerd: If you will, please, state your name.
Thowless: Wayne Thowless.
De Weerd: You don't need to restate your address.
Thowless: Wayne Thowless. LKV Architects. Again, I do not have the specific
percentages for each building of the amount of stone on them. It does vary. If you were
in need of that information, we could provide it, but, of course, we cannot do so tonight.
We can't make those calculations at this time. We -- the applicant, Rudeen
Development, is perfectly comfortable with providing the amount of stone that is
indicated on the elevations that are presently part of the public record, as well as the
variations in siding treatment and colors as we have proposed, but would respectfully
request that given that they have already made significant concessions on other
materials on the buildings, specifically the vinyl to the hardy plank siding, that -- that no
additional masonry materials be required on the buildings.
Borton: Madam Mayor?
De Weerd: Yes.
Borton: Beyond that which is reflected in the elevations?
Thowless: Pardon me?
Borton: Beyond what --
Thowless: Beyond what is currently reflected in the elevations, which we feel is
esthetically appropriate. Correct.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
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Bird: Wayne, in other words, just the front of the buildings is the only thing you are
willing to put stone or stucco on?
Thowless: Councilman Bird, as I mentioned earlier, the fronts and the backs of the
buildings are very identical in most cases, which means there is stone on both the fronts
and the backs. So, both the sides of the building that face the internal driveway
circulation system that most people would consider the front, have the same degree of
architectural embellishment as do the sides that face the single family residences, which
I might add, if I could mention, is not true of most of the single family homes. The nice
architectural treatments in the homes in Kelly Creek, Lochsa Falls, et cetera, are
typically primarily on the street elevation, not the back and we are providing it on both
sides, so --
Bird: Thank you. I'm sorry, I misunderstood you.
De Weerd: Anything further?
Canning: Madam Mayor:
De Weerd: Yes.
Canning: Before you close the record, I did want to clarify that the conditions that are
before you tonight were the ones that the Planning Commission -- their findings. So,
that's what is before you tonight. So, it includes all those changes that I discussed
previously. I meant to note that in my earlier presentation, but forgot to, but I just
wanted you to know that.
De Weerd: Okay.
Nary: Madam Mayor?
De Weerd: Yes.
Nary: Madam Mayor, Members of the Council, I guess two points. Because of the
length of the Public Hearing and the information that was gathered, you may want to --
you may want to make sure you don't have any other issues as you discuss this project
before you close the Public Hearing, because, then, you may have to back up and
reopen and get more information. So, you may want to be sure at least that you don't
have any other issues or concerns before you close it. Secondarily, from a process
standpoint, this is a -- this is a complete Council review. The findings and decision
made by this Council are the final decision of the city and that order can, then, be
appealed. You are free to adopt the findings as Planning and Zoning has crafted. You
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are free to amend those findings in a fashion that you wish, or you're free to adopt
completely new findings. But the ultimate document that you will get, whatever your
outcome is, will be a decision of this Council. And the only reason I state that is
because sometimes it's confusing to folks that -- on this process where they have been
heard once by Planning and Zoning and now heard by this Council. That they consider
that somehow this is an appeal and, therefore , there is a different standard and it's not
that. The ultimate decision is yours. The final decision that is made is yours. The
findings that are adopted ultimately by this Council are reflective that it is the decision of
this group, not Planning and Zoning -- not the Commissioners themselves., but you.
So, I just wanted to make that clear for both your -- for the Council and the Mayor, as
well as the public here that that's the ultimate way that the process is completed. So,
just wanted to make that clear, too.
De Weerd: Thank you. Okay. Council, do you want to have discussion or not?
Rountree: Sure. Why not.
De Weerd: Okay. Mr. Rountree.
Rountree: Madam Mayor, I have some concerns with some of the things I have seen
and a lot of the stuff I have heard. This is a new application to me and we are
somewhat caught between the past and the future. But specifically to the project -- and
I made the comment earlier -- words from the architect indicating that there was a lot of
undulation in these dwellings and show me a flat carriage house with four or five
garages looking at me from the street. That particular piece of architecture, in my
opinion, is not consistent with the area, it's not consistent with an effort on the part of the
applicant to meet what -- as near as I can tell the intent of the city was back in 2002, to
provide a quality, high density, compatible residential unit that was consistent with
getting more density in north Meridian, ultimately to benefit the transportation network,
to provide an opportunity to make transit work. But to be compatible with its
surroundings and I'm not sure that what I see is necessarily compatible. I'm certainly
hearing that it's not. I have to be one of the judges that I guess makes that decision and
I'm not convinced at this point in time. I get real concerned when the applicant tells me,
well, we are doing more than what's required. Well, to me what's required is make this
work for Meridian, to make it right for the community, and that might be doing more than
just extra. It might be doing way more than extra. I'll stop before I wound both my feet,
but that's kind of where I am right now in terms of what I'm thinking about, what I'm
seeing, and what I'm hearing.
De Weerd: Okay. Thank you, Mr. Rountree. Any other comments?
Zaremba: Madam Mayor?
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De Weerd: Mr. Zaremba.
Zaremba: I think I would join in what Councilman Rountree is saying. To me the issue
isn't so much that there is 171 units and I think we have been advised legally that
number is not even on the table. In the original approval of the entire section, averaged
out over some larger homes in other areas in the same project, even though they are
under different owners now, this was just a piece of that average. But one of the other
reasons that at the time a CUP was required for this was that there was no design
review and the intent was to enable us to do some kind a design review, not just say,
okay, you can build any 171 units you wants here and at the time I don't think any of us
thought that houses, even in what we knew was going to be a very nice subdivision, I
don't think any of us thought that houses were going to go for much than 200 or 300
thousand dollars, because that was the nature of the prices at the time. These are fine
homes. I think the development that goes next to it needs to be -- the word compatible,
but it needs to be in that tone or range. I cannot sit here and say that I would deny the
171. 1 think that's a given. But I do think it needs to be an enhancement to the
neighborhood and I think there is more that could be done to make it an enhancement
to the neighborhood. If that's what Councilman Rountree said, I'm seconding what he
said.
De Weerd: Thank you. Any other comments?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Having -- having not been -- being the one guy that wasn't part of this -- two?
De Weerd: Two.
Borton: Good man. Two guys not on any part of it, but just spent a lot of time
researching the history of this particular project and this dilemma, for me for what it's
worth, the 171 is the whole issue and I know it's not the deciding point today. That's a
huge one. Would I have wanted to sit here and say yes to that, then? I would be
shocked if I'd ever see how that would -- that would make sense, but I wasn't there. But
that's not the issue today and it's not the issue of my consideration, because we are not
here to decide whether or not it's appropriate for 171 housing units to be on the property
A wonderful discussion for an earlier time, which -- which, fortunately or unfortunately,
isn't before us today. So, the issue is whether or not the entitlement to this piece
permits -- which permits 171 units is done in a way that addresses, like Councilman
Rountree and Zaremba's concerns, have noted and we have gone through the P&Z
minutes and a lot of the good public testimony today. I'm extremely sensitive to the
concerns. I have got the notes added from today from the testimony and earlier
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hearings and I'm also sensitive to the developer's concessions and entitlement rights on
the property to complete this project. I lean the other way. I believe that -- that you're
not going to get a development -- a developer is not going to not come here and
propose a project with a hundred units. There is an entitlement right to 171, you're
going to be extremely challenged to ever find a project that fits this parcel with 171 units
that provides fewer amenities -- and I understand a lot of the concern goes back to the
density issues, which I don't disagree, but we can't sit here and deny it, because it's too
many units. We can't. So, I'm probably the -- maybe one of the unpopular ones who is
in favor of the project and, you know, we run for -- for public office to make tough
decisions and that's one of the tough ones and that's how I'm leaning and I understand
both sides of the issue and if it's unpopular, it's unpopular. But that's my perspective. I
don't make light of any of the comments -- the specific questions that I asked about
architectural amenities and landscaping and recreational -- I'm trying to get specifics,
just trying to find out if the specific requests of the public beyond don't build it, are
addressed and whether or not the developer has a chance and has specifically
addressed those concerns. I think that's important to see where the sides agree and
disagree. I didn't hear a laundry list of specific amenities presented on those three
issues. Maybe that speaks well of the public and the present applicant or the present
owner trying to resolve those. So, in light of that, that's what makes me feel comfortable
going forward to approve it, understanding that it's not a popular decision in this room
and sometimes tough decisions are not popular decisions, but that's the way I'm leaning
right now for better or worse.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Well, I'm one that was sitting here. Not ashamed of it, either, because like
Councilman Borton said, we always have some tough decisions. We don't make
everybody happy and we try to do what's best for the community. I will say one thing, if
we go to R-8 or R-4 there, which if -- I would never vote for R-8. If it changes from
anything it will go to an R-4 or nothing. We can determine that we will have this same
group and much more when we decide to do the commercial in here complaining. Don't
shake your heads, because we have had this at Crossroads. Two of us sat though
Crossroads where they had signs up for ten years and still people didn't believe that --
because their real estate guys told them that they were never going to have commercial
out there. Anyway, I don't like the density either hurting your property value. I don't
think right now -- I think it's market more than anything. I don't think the apartments are
selling -- are making the homes go up for sale. I think there is a lot of people that -- we
are in a downfall, people, I'm telling you that. The City of Meridian is. So, I don't like the
density either. I don't -- I don't like it. I like it before it, it's going to have some stuff and
there is going to be a lot of stone and stucco, it's not going to be no 25 percent. They
are going to look good. Don't -- you can't -- when you get up here and start comparing
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9
to Hobble Creek, they must build them like Hobble Creek and those are a long ways --
from what I see on their elevations are a long way from being Hobble Creek. That -- I
think Councilman Borton had a lot of good points. Councilman Rountree and Zaremba
also. I feel -- I feel for people. I mean I have been in this same situation. I, for 30 some
years, looked at a beautiful field of 11 acres and within six months I had 49 homes, you
know. We -- to be truthful, I wish Meridian was the size it was in 1965 when I moved
from Nampa to here. But you know what, I wouldn't be living here, because I would
have had to go out of town to make -- to make my living for my family. So, growth does
-- is needed. But we need to make sure that what we put up -- I don't want something
that's thrown up that in a year and a half, two years from now, looks like a Jungle Gym
and our police officers -- might as well put an office out there. But let me tell you,
people, there, we have had some apartments and I think our police department will tell
you they can be cleaned up. But you have got to make sure they start as first class and
that's -- I think these owners will probably do it. I think they are willing to upgrade their
siding. I'm with you, I'm glad vinyl siding got thrown out. It's -- it's horrible when it
comes to fire. Anyway -- on that. I just -- it's something that -- it's tough. I mean I feel
sorry -- I feel sorry for everyone of you guys and I feel sorry for the owners. I -- but I'm
telling you if we make that an R-4 and they build their half million dollar homes, which I
didn't think Meridian had too many of those half million dollar homes, they -- when the
commercial goes in, which I think we worry about traffic and the way you cut down on
traffic is to get the amenities close to the residential, so we don't have -- so you don't
have to come through my neighborhood to get to Albertson's. Okay? That's why when
we did our North Meridian Plan, we put the little residential and commercial areas out
there. When that goes in, because I'm going to tell you, some guy that goes out there
and spends 400,000 for a house isn't going to want to see a freight truck at 6:00 -- 5:00
or 6:00 in the morning pulling in back down the thing to unload. Do you believe that?
We just went through one just south of town. So, don't tell me that there wouldn't be
any problems. We'd have this room stacked again, the same thing. We have been
through it. But, anyway, if we build 171 units out there, they have got to be first class
and they have got to be taken care of first class. And I will leave it at that.
De Weerd: Council, anything further?
Zaremba: Madam Mayor, my sense is that many of us are saying the same thing, just
in different words. I don't think we are arguing opposite of each of other, I think we are
all trying to go the same direction, which is to make a 171 unit project a first class
project. So, I guess the question for discussion, then, is do we want to add anything to
the conditions that the P&Z Commission placed on it, you know, to insure that it's a first
class project. Do we want to start over and make our own conditions? I think perhaps
we can make a few modifications. One that I would suggest is that we -- since we did
not get a conclusion from the developer, I would suggest that we specify a minimum
stone or stucco or a variety of treatment and I would put it in the 30 to 40 percent range.
Some buildings could -- and I would even suggest some buildings could be less and
Meridian City Council
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some buildings could be more, but this is an average over the whole -- I see
Councilman Bird not agreeing with me. I thought this was his subject and that I was
going in his direction.
Bird: You finish up and, then, I'll talk. You finish up.
Zaremba: The other thing that I would suggest that we resolve is the developer working
with ACHD to put no parking signs -- legally there is no parking on Goddard Creek, but
I'm not sure that's apparent to people. I think that safeguard does need to be there, that
there be signs there and I do -- I think the point was made, that this does need to be a
transition to the commercial, that it would not be appropriate to go back and revisit the
idea of having half million dollar homes on this property, because, then, the commercial
is at risk, so -- they understand it as a position, but I guess my question is do we want to
specify a minimum stone and do we want to require that they put signs -- no parking
signs and what else?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: My idea of stone is like about 50 percent on both front and back. Stone or stucco.
I think you build them a little classier and people take care of them a little classier. If
you -- if you throw up something that's the way they are going to live. I think we can
make stipulations on the -- on the product. The traffic, we have already been told that --
that they have speeding problems already without these apartments going in and you
know if the apartments go in you're going to add to it. So, that's where we have our
officers. I live on one of the oldest streets in Meridian, put in in 1965, and my -- and
officers have to come over there -- they have all for 42 years for a week or two and sit
the car there so everybody can see it and, you know what, we get slowed down and,
then, a couple three months later we get our speeders back up. So, that's something
that -- that comes natural whether you have the apartments or not, I believe.
Apartments don't add to it, don't get me wrong, but if I'm going to approve it, it's going to
have stipulations on it and I guess the owners can decide whether they want to build it.
De Weerd: Council, I guess I thought I knew what direction this was going when -- and
now I'm not sure, so now you get my two cents worth. I guess the vision was for a first
class development when this was approved and it was thought that this would be built
maybe not at the end, but certainly it would be part of -- it made sense at the time,
because it was along Highway 20-26 and that is a transportation corridor. This whole
square mile. It was really envisioned for that. One of the things we do find with our
Comprehensive Plan is it is allowed flexibility, because things do change as they -- as
they develop and as you get a better feel for the area. Like I said, this was a surprise,
that it was approved for 171 apartments. First time and right now it's -- it's a right, it's an
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entitlement. The only one that's going to change that is the developer or the people that
purchased the ground. If they see that they can't make this work, they can try
something else. But this was intended to be a first class development, as what has
been built around there. The concern when it was approved in 2002 was schools and
traffic and at that time we were developing the north Meridian plan and ACHD and the
development community were working together to come up with what they were going
to do with these roads. And if you go back and you look at the testimony, I know that
two us were very concerned about that. It still was not answered and, unfortunately, an
open-ended stipulation in the application has been withdrawn, because nothing came of
that. Traffic continues to be a concern. It concerns me that there is only one -- and
maybe there is an emergency access, but putting all those cars out onto one road
without seeing how it connects -- and these are the things that we thought would come
out of a CUP, is how it would connect and that those connection points would exist
before it was built. So, design, connectivity, timing, and road improvements were all a
part of that. They all exist today and they all continue to be my concern. Same as it
was then. So, for me it -- this is -- this is not Hobble Creek that we saw. It doesn't have
accent on the front, back, and sides at the same density or percentages that those do
and that the timing of it and the improvements -- I think, Anna, did you talk about the
intersection improvements, both at McMillan and Ten Mile and McMillan and Linder?
Canning: No, ma'am, we did not discuss them, but Christy has the numbers -- the dates
memorized.
Richardson: Madam Mayor, Members of the Council, Christy Richardson with ACHD.
The Linder -McMillan intersection is about ready to issue notice to proceed, so
construction will start or construction -- set up will start in early December and that
project has to be complete by the end of May. The Ten Mile -McMillan intersection
project will get started as soon as Linder is complete and that project is required to be
completed by the end of October. The highway district has budget monies to complete
both of those projects and we do have development agreements in place with some
members of the development community to complete those projects.
De Weerd: Thank you. So, I guess, Council, if you want more the historical overview
on this, is traffic was a concern there, the connectivity, and the egress -- ingress and
egress of this development out onto one street would continue to be a concern. The
type of materials and the quality of the development is as well. And I think I quote
someone that I admire -- I'm not in a hurry. And I guess I only have a vote if you tie, but
we will see how it plays out. Any further comments?
Zaremba: Madam Mayor, I guess where I was going is can we as a group figure out
what elements we need to require to bring it up to first class and to get the connectivity
and to get the design.
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De Weerd: I don't know if that's our job, but —
Canning: Madam Mayor. Please remember you haven't done a conditional use for
awhile, but in a Conditional Use Permit if you do move to deny it, you do need to inform
the applicant on how they could successfully gain approval.
De Weerd: I think you have heard that in the discussion, but point taken.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Before I could take any action either way at this point, there has been a lot of
things said, a lot of emotion, a lot of very germane issues brought up. I have got four or
five pages of notes. It's almost 10:30. 1 could keep you here until 1:00 o'clock trying to
go through my notes and see what my issues are and what might make it right for me.
I'm going to suggest that we keep the hearing open, that we see an opportunity to see a
summary of the testimony and the information presented this evening. Consolidate that
and either do what Councilman Zaremba is talking about, put together a laundry list of
what makes it right or put together the other laundry list of what makes it objectionable
and why we aren't going to approve it. But recently having seen projects that are not
controversial become controversial because of our lack of due diligence on the part of
getting information down someplace and having properties flip and all of a sudden us
seeing something that we never even imagined we were going to see, in some kind of a
change of thought and all happening at a level that never even gets to Council. So, I
would like to take the opportunity to digest what we have hard -- you know, these
people have put a lot of time in this, they have spent the evening with us, and they are
asking us to make a decision in 20 minutes. I'm not ready to make a decision in 20
minutes, not without an opportunity to digest what I have heard. I can make a decision
tonight, but it's probably more emotional than objective right now. So, that's where I
would be if -- if we were to have a motion, that's what I would support.
De Weerd: Thank you, Mr. Rountree. Mr. Nary, did you have something to say over
there?
Rountree: Tell me I can't do that.
Nary: Madam Mayor, Members of the Council, you can certainly do that if you wish. If
you want to continue the hearing, we certainly want to continue -- if you're going to
continue the hearing for additional information, then, we need to specify what that is. If
your intent is to close the hearing, because you don't want additional information, but
you want an opportunity to review the record, review all of the testimony -- that's why we
have a stenographer, that -- that's certainly within your power to do that, if that's what
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you wish. The only issue is if you're going to get more information, then, we just need to
identify what that is. One of the pieces that has been left out and you have obviously
discussed it amongst yourself is what percentage of treatment to these buildings may
be acceptable to some of you. The developer indicated that they didn't have, really, a
target amount specified tonight that they could. You could certainly ask for that
information from them. That may or may not meet your desired amount, but that's
certainly something you could ask for. There was a question that's been discussed a
number of times about some roadway access and I don't know if Ms. Richardson needs
any additional time to talk about either the no parking issue, the right -in, right -out issue
on Goddard Creek that was brought up, but that's something that was brought up a
couple of times to discuss if you want information about that. We could certainly narrow
down that we are not going to rehear all this testimony, but if there is specific points you
want -- if you don't want any of those things, but you merely just want to review your
record, you certainly can do that.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Process question, Bill. If we close the hearing, review the record, do we,
then, have to open the hearing again, discuss it, and, then, make a motion one way or
the other or can we discuss it and make a motion one way or another without reopening
the hearing?
Nary: Madam Mayor, Members of the Council, Councilmember Rountree, you do not
need to reopen the hearing to have a discussion.
Rountree: Unless we seek additional information.
Nary: Unless you seek additional information. And that was the only reason I had
made that recommendation up front of tonight's -- or before tonight's discussion was
was on occasion, as you have all discussed an issue, sometimes issues come up that
you want more information on. So, at that time you certainly have the ability to do that
as well.
Canning: Madam Mayor, Members of the Council, there has been a lot of discussion
about the elevations and the percentage. This is just a request on my part. If you do
decide to continue it, I would appreciate giving the applicant an opportunity to submit
revised elevations to you, rather than have me make a call just based on one
percentage number. I would rather that they have an opportunity to provide you new
elevations that you feel comfortable with. Does that make sense?
Borton: Madam Mayor?
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De Weerd: Mr. Borton.
Borton: I thought it did. Councilman Rountree, were you shaking your head no?
Rountree: Didn't make sense to me, but -- explain it to me, Joe.
Borton: Okay. It makes sense and you're suggesting, Councilman Rountree, that it
makes sense to continue it. To the extent that we can articulate to the applicant and to
the public that -- if the public hearing's left open and we are going to make some
suggestions that they bring back, improved, for lack of a better term, elevations which
address some of the specific architectural concerns which Council and Mayor may have
-- it sounds like there are some that need to be enumerated, just so it's productive, so
when we come back we are not just saying the same stuff again and everyone's got
some more specific direction on if there is a desire to make this particular project better
and architectural landscaping amenity fashion that -- that that's delineated very clearly,
so we know what we are doing when we come back.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council, you know, I always like to get real
lawyerly when we have been talking about this for a long time, but if you want to
continue this matter -- I would agree with Councilman Borton, other than my notes
indicate we heard 35, 40, 50 and it was fine the way it is. So, I'm not sure exactly if
there is much direction for the applicant to bring us something. But, obviously, this
Council is not completely comfortable consensus -wise as to what's presented. I guess
the only thing I would at least make clear -- if you continue it and want more information,
and they wish to make changes, there is no guarantee you're going to approve anything
they bring back, whether it's what's in front of you tonight or anything they propose. So,
you're not simply asking them -- I guess I say this mostly for the applicant's benefit, that
I don't want to leave the impression that if that is the Council's direction, that they bring
back a different facade or a different look to this project in some fashion, that you're
simply going to approve it at that. Certainly if it's significantly different, your decision
may be that you may need to rehear it, because it may be enough of a difference that
you may feel more information is necessary. But I just want to put that out there. I
know, Madam Mayor, Members of the Council, you understand that. I just want to make
sure from the record standpoint that if you decide to do it and we come back, the
applicant isn't assuming that you're approving it based on some new drawing they may
bring to you.
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De Weerd: Okay. Council, what direction do you want to go with this? That's why we
put me in the middle.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Let me just throw out an additional element. It may or may not make sense at
all. Is Russ still here? Did he just step out? We take notes from what everyone says
and one of Russ's comments jumped out when he talked about making a difficult
situation a good situation. I don't need to talk to him, I just wanted to quote him,
because he had a good perspective and I don't know if -- if there was an opportunity, if
this is the route that the Council feels comfortable with resetting this and we are going to
try and say to the applicant bring forth, you know, revised elevations that perhaps, you
know, show 50 percent stone stucco on front, back, and side and other architectural
improvements to make it look better. I mean that sounds very vague, it's very difficult to
fit that, whatever comes back may or may not work, but I wonder if there is an
opportunity for either a representative or a couple people from the adjacent community
to participate in a quick meeting with the applicant at some point, you know, not trying to
lengthen the process and just to make sure they have got some input before the Public
Hearing and what some of those architectural improvements could be. It's just another
opportunity to try to make a tough situation right.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I agree with Joe a hundred percent, but I don't think you're going to find three
people out there that I don't think it's -- I don't think it's the architecture of the buildings
that's their problem. I think it's more than that. I don't know. We can -- we can certainly
set it aside for a week or so and mull it over and, then, we can come back and do the
same thing again. I mean we have heard plenty of testimony. I don't think we are going
to hear a whole lot more. We can -- we can put -- and, you know, somebody said 50
percent, but that's my throwing out. You guys might not agree with that and, you know,
if you don't, let me know, but -- I mean we can keep discussing this for the next year,
because every time we are going to find something -- we are going to see something
different. I'll do whatever the other three do. I'm ready to -- to take a -- I'm ready to vote
on it.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Meridian City Council
November 27, 2007
Page 70 of 76
Borton: While I could, I'm not -- I'm not ready to tonight, specifically in light of
Councilman Rountree's concerns. This is a big deal to everyone up here, as well as in
the room, and as any one of us has a desire to -- to take a moment and reflect on what
we have heard and from the applicant and the public comments, I'm more than willing to
agree and accommodate that request. So, while I could -- could act, we have got an
opportunity to take some time and reset it, I'd be fine doing that.
De Weerd: Mr. Berg, when my -- we get a set of minutes that can be reviewed by
Council and so if Council wishes to reset -- I just will note I will be gone December 11th,
so --
Borton: It won't be December 11th.
De Weerd: Thank you.
Berg: Madam Mayor, we will have draft minutes probably sometime on Friday.
De Weerd: So --
Zaremba: I will miss December 11th as well, if that makes a difference.
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary.
Nary: Madam Mayor, Members of the Council, Mr. Berg is right, we normally get our
draft minutes by Friday. My only concern is not only for you folks to have the
opportunity to review it, but certainly for the applicant and the members of the public to
have time to review it and Friday to Tuesday may be a little tight to do that, so that's the
only thing I would be concerned if you wanted -- the 18th is quite a ways away, but,
obviously, this is a big concern to folks and there is a lot of information that was
produced in both the prior hearing, as well as tonight, so
De Weerd: Okay. So, Council, I need direction. What would you like to do? Continue
to the 18th or make a decision? I can't make a motion.
Zaremba: Madam Mayor?
De Weerd: Yes.
Zaremba: I would be willing to make a motion to continue with some suggestions at
what we would like to see in the way of more information or different information. Is that
an appropriate motion?
0 0
Meridian City Council
November 27, 2007
Page 71 of 76
De Weerd: You certainly can give it a try and if someone seconds it, it's a motion.
Zaremba: That's a good point.
De Weerd: Okay.
Zaremba: Madam Mayor, I move that we continue AP 07-009 to our regularly
scheduled meeting of December 18th, 2007, with the expectation that we will see new
elevations, which show a minimum stonework of 50 percent; that also show greater
modulation, particularly on the carriage units in the garage area. That an answer be
given to who will supply the no parking signs along Goddard Creek. I think most of the
other things have been answered. Anybody want to add anything to the list? And, of
course, that we have the opportunity to review the minutes, which the applicant doesn't
control. If not, that's the end of my motion.
De Weerd: Okay. Do I have a second?
Bird: I'll make -- I'll second it, just so I can have some discussion. You did plan on
leaving the Public Hearing open; right?
Zaremba: Continuing.
Bird: Okay. Now, the appellant -- you're going to give them some time, too. You're
giving the applicant time. Are we going to set a time limit or are we going to go back
through this whole thing again? That's exactly what you're setting up.
Zaremba: I'm sorry. I believe we have heard the public testimony. I would propose that
we give the original applicant 15 minutes and the appellant 15 minutes to respond. The
appellant should have the final -- the one who made the application to have us review it
should be the final word. Equal time.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: David, I agree with you a hundred percent, but it's not going to happen. I have
seen too many of these. Somebody else is going to want to get up, you have got a
Public Hearing or the appellant will say, well, I'm going to take five and Joe's going to
take five and somebody else is going to take five -- no, I need two extra or I need three
extra -- it -- I mean it just -- just, in my opinion, we are just having another November
27th.
Meridian City Council
November 27, 2007
Page 72 of 76
Nary: Madam Mayor? Madam Mayor?
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council, probably the most appropriate,
Councilmember Zaremba, is that -- that if you want additional information on these
specific points, then, the Council would only take testimony regarding those specific
points. I agree with you that the applicant would need the opportunity to present that.
The applicant should have the opportunity to rebut that. The public can comment on
only those items, so it is not to discuss all the other issues that were raised tonight,
those are already part of the record, but just the issues that are brought forward. If --
but, for example, if the applicant doesn't wish to provide 50 percent, then, they can tell
you that and that's something they can provide at that hearing and, again, comment can
be taken, again, only on those issues. But I agree with Councilmember Bird that I don't
think we can limit just the applicant and the appellant, we do have to allow the public
comment, but only on the subjects that are new to the hearing, not additional comments
on what was brought up tonight. And, then, I think your record will be clean.
Zaremba: That does work for me. That's fine, as the maker of the motion. Since we
are in discussion, I need to ask one more question and probably of staff. That is a
clarification of what the current proposed access points are. And I guess I need the site
plan.
Canning: Madam Mayor, Members of the Council, it's my understanding the current
proposed access -- access -- I'll find the mouse here. There are three of them. This is
the main entrance coming into the project. There is an emergency exit onto Goddard
also for the north end of the site and there was a requirement placed on the project
during the Planning and Zoning Commission hearing to extend this as a drive aisle, I
believe, that would eventually connect through the commercial development to the
south. That there is at this time no development there.
Zaremba: Thank you. The clarification that I wanted was that even if it's future, that
that will be an access.
Canning: That's my understanding. Yes, sir.
Zaremba: Even if it's only onto another property.
Canning: And I'm getting a nod from the applicant. Yes.
Zaremba: So, we need a cross -access agreement, probably, at that point.
Meridian City Council
November 27, 2007
Page 73 of 76
Canning: Yes. We will certainly be looking for that when the property to the south
comes in.
Zaremba: Yeah. I would add that condition to my list. The second is nodding his head.
Bird: The second agrees.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Again, I go back to my first statement. I'm trying to find all of the things that
I'd like to have included in that motion. At this point I have only uncovered one more.
But I'm not sure this -- this will end it. But would the maker of the motion include an
explanation and a cross-section showing the screening for headlights on the north
boundary.
Zaremba: The maker of the motion thinks that's an excellent idea. Yes.
Bird: Second agrees.
De Weerd: Okay. Anything further? We do have a motion to continue this to
December 18th, with -- with a specific request and testimony restricted to those items
and that is of design, with the accent and articulation. The access points and the
screenings on the north side.
Rountree: And 50 percent.
De Weerd: And with 50 percent accent.
Zaremba: And no parking on -- who's going to do that no parking signs on Goddard.
De Weerd: Okay. And I guess just for -- I don't know if this needs to be included in the
motion, but I know both the appellant and the developer have both said that pathway
that goes to the north is -- is not necessary. I'd like staff comment on that.
Canning: Madam Mayor, Members of the Council, where there is a stub provided for a
neighborhood, we always advocate for continuation of that pathway stub. It was similar
to a stub street, it was a commitment made by the developer, an amenity they offered to
those residents. If Council chooses to have that closed off, that's certainly something
they can do. It becomes a question as to what happens to that area. Over time it could
perhaps be folded back into the lots, but we always as staff advocate for the
continuation of stub streets and stub pathways.
0 0
Meridian City Council
November 27, 2007
Page 74 of 76
Nary: Madam Mayor?
De Weerd: Yes.
Nary: Madam Mayor, Members of the Council, Parks Director Siddoway would probably
be a good person to provide additional information. If we are going to continue it, if you
certainly could ask for him to be present on December 18th to explain the pathway plan
and the reason those are requested and, again, you can certainly choose to do
whatever you wish with that, but you may -- it may be helpful to have his input about
that.
De Weerd: I guess would the maker of the motion include this and I would ask the
appellant, then, to -- if -- for the neighborhood to -- to give a plan as to what they would
do if that path connection were vacated. Would the maker of the motion agree?
Zaremba: I would be happy to have that be an additional subject, yes.
De Weerd: Mr. Bird?
Bird: I agree.
De Weerd: Anything further? Our list just got long. Okay. All those in favor of the
motion, please, say aye. Any opposed? All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: We will reset this for December 18th to be specific to just those topics. If
you need minutes to know what the topics are, you can request those from the clerk's
office or get them online on our website. And no decision has been made. This is just
continued for more information.
Nary: Madam Mayor? Madam Mayor, just for the public and the applicant, I'll work with
the clerk's office and your staff to make sure we have it available on our website maybe
on the front page, so people could access it easier for those minutes.
De Weerd: Okay.
Nary: So, we will get those on there.
De Weerd: Thank you. Okay.
Zaremba: I would add thank you to everybody who has come and given us your good
thinking and we appreciate it.
•
Meridian City Council
November 27, 2007
Page 75 of 76
De Weerd: Council, I'm going to call a five minute recess.
(Recess.)
Item 11: Ordinance No. 07-1342 An Ordinance to Amend the
Municipal Code of the City of Meridian, County of Ada, State of Idaho,
Amending Title 10, Chapter 7, Exhibit A, Meridian City Code, Known
as the Meridian Impact Fee Ordinance Fee Schedule; to Provide for
an Amendment to the Parks $ Recreation Impact Fee Schedule; and
Providing an Effective Date (2nd of 3 Readings):
De Weerd: I'll go ahead and reopen this City Council meeting. We have Ordinance --
Item No. 11, Ordinance No. 07-1342. Mr. Berg, will you, please, read this by title only.
Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 07-1342, an
ordinance to amend the municipal code of the Meridian City -- excuse me -- City of
Meridian, Ada -- County of Ada, State of Idaho, amending Title 10, Chapter 7, Exhibit A,
Meridian City Code, known as the Meridian Impact Fee Ordinance fee schedule, to
provide for an amendment to the parks impact fee schedule and providing an effective
date.
De Weerd: Thank you. You have heard this ordinance read by title only. Ralph, do you
want to hear it read in its entirety?
Bird: No. No. That --
Berg: Madam Mayor --
Bird: We can't do that until the third reading.
Berg: This is the --
Bird: This is the second, Mayor.
De Weerd: He still can request it. Okay.
Zaremba: Can he read it again and we will be done with it?
Bird: Give it to him and he can read it --
Nary: No, you can't.
U
Meridian City Council
November 27, 2007
Page 76 of 76
De Weerd: Okay. We will have it on the agenda for the third and final reading.
Council, we are at the end of our agenda. Do I have a motion?
Rountree: Move to adjoum.
Bird: Second.
De Weerd: All those in favor.
MOTION CARRIED: ALL AYES.
De Weerd: We are adjourned.
MEETING ADJOURNED AT 10:57 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
.- -.- WEERD
ATTESTED
WILLIAM G
/2-- i /8 /9
DATE APPROVED,,,,,,,,,,,
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BERG JR, CI Y C , L
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•
November 21, 2007
MERIDIAN CITY COUNCIL MEETING November 27, 2007
APPLICANT ITEM NO. S-A
REQUEST Approve Minutes of November 7, 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: U
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.
November 21, 2007 AZ 05-066
MERIDIAN CITY COUNCIL MEETING November 27, 2007
APPLICANT Architecture Northwest ITEM NO. 5-B
REQUEST Tabled from October 23, 2007 — Addendum to Development Agmt
Request for Annexation and Zoning of 0.50 acres from R-12 to C -G zones for
Meridian Veterinary Clinic — 415 West Franklin Road
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
COMMENTS
See allached Minutes
See altached Letter & Development Agmt
Date: o 2 Phone:,(p �- 3 7 7
t G.r N cO(Y\ Staff Initials: k -
Materials presented at public meetings shall become property of the City of Meridian.
November 19, 2007
MEMORANDUM
TO: Will Berg, Jr.
FROM: Michelle Albertson
RE: Meridian Veterinary Clinic
Maym, 1-av,,my ale vk'r�c+�Y'
Ir-k-y-4bufterl me"Vibo".m.-
Kfe$vb Wal
for fkortorl
Cb6Nv1
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NOV 1 2007
OVAI,�66i , a --i
The Addendum to the Development Agreement for the Meridian Veterinary Clinic was
initiated by the City Planning Department to correct an error in the original Development
Agreement. Paragraph 5 "DEVELOPMENT IN CONDITIONAL USE" should be
deleted. This paragraph refers to a Conditional Use Permit however a Conditional Use
Permit was not applied for, nor is one required for this project
Please let me know if you have any questions.
City Attorney - 33 E. Idaho Avenue, Meridian, ID 83642
Phone 208-898-5506 . Fax 208-884-8723 a www.merldiancfty.org
C
Meridian City Council
October 23, 2007
Page 22 of 104
Bird: The only reason I wanted to bring that off, Madam Mayor, was I wanted a roll call
vote on just this item. I agreed on all the -- all the Consent Agenda, but this one item I
cannot vote for. This resolution.
De Weerd: Thank you. Then, I would need a motion to approve and we will ask for a
roll call vote.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 7-13, resolution 07-583.
Zaremba: Second.
De Weerd: I have a motion and a second. Any discussion? Mr. Berg.
Roll -Call: Bird, nay; Rountree, yea; Zaremba, yea; Borton, absent.
MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT.
7-K. Addendum to Development Agreement: AZ 05-066 Request for
Annexation and Zoning of .50 acres from R-12 to C -G zone for
Meridian Veterinary Clinic by Architecture Northwest — 415 West
Franklin Road:
De Weerd: Thank you. Thank you, Mr. Bird. Item 7-K. Mr. Zaremba.
Zaremba: Actually, I had a question on this one. The addendum to the agreement
removes a paragraph from the original agreement and that original paragraph required
the approval of their building. As I recall, there were some reasons for putting that
requirement in there, some of which I find are not actually written in the development
agreement, but some of the issues for asking that they get approval of their building
were that they -- they presented a concept plan that was not real definitive and some of
the issues were being certain that it was going to be a facility for small animals, not
large animals. There were some other issues on how that building would relate to
alternate landscape compliance, since they were not able to meet the 25 foot buffer that
would be required were this a new building fronting Franklin Road and I guess, in
general, I question the wisdom of just wiping out a paragraph that requires the approval
for any property, not just this one, but I think there are some issues and I guess my
main question is -- is staff comfortable with us wiping that requirement out that they see
-- see the building and approve it? If we take that paragraph out, there is no further
review.
Meridian City Council
October 23, 2007
Page 23 of 104
Canning: Madam Mayor, Members of the Council, perhaps Mr. Nary can help me out.
Was this addendum done as a modification to the development agreement or -- I don't
remember this discussion and I have to confess that sometimes I don't read the
Consent Agenda very closely.
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council, I didn't put it on either, so I don't know. I
didn't do it and I wasn't here for that discussion. So, I'm not certain on this particular
one. So, why don't we just take it off and we will bring it back, because I don't recall this
-- I recall the discussion at Planning and Zoning and when it originally was annexed and
I wasn't here maybe the week that -- that would have been two weeks ago, I wasn't
here, so I don't know where the genesis of this comes from, so once it gets off the
agenda it goes through a process that I don't see it again and Mrs. Canning doesn't see
it again. So, why don't we go ahead and pull it off and we will figure it out and if we
need to bring it back, we will bring it back, Madam Mayor, so --
Zaremba: I would ask that if it comes back, it comes back as a regular item, as
opposed to a Consent item.
Nary: Sure.
Bird: I would second that.
De Weerd: So staff can comment. So, Mr. Berg, do I need a motion to continue this?
Zaremba: Madam Mayor?
De Weerd: Yes.
Zaremba: I move that we continue AZ 05-006, addendum to a development agreement
relating to Meridian Veterinary Clinic, our current item, 7-K, to November 27th.
Bird: Second.
De Weerd: I have a motion and a second. Any discussion?
Rountree: I have none.
De Weerd: Mr. Berg.
Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent.
Meridian City Council
October 23, 2007
Page 24 of 104
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 8: Tabled from October 16, 2007: FP 07-026 Request for Final Plat
approval for 140 single-family building lots and 21 common lots on 89.70
acres in R-2, R-8 and R-15 zones for Jayker Subdivision No. 1 by
Treehaven, LLC — 4042 West Chinden Boulevard:
De Weerd: We are finally in our agenda. That wasn't too painful, was it? .Item 8 has --
was tabled from October 16 on FP 07-026. We have received an agreement from the
applicant that agrees with staff comments. Council, is there any further information you
need or do I have a motion?
Grady: Madam Mayor, sorry to jump in so quick. Jaykers was put in in anticipation that
the cooperative agreement would be in place. With the cooperative agreement being
delayed, we -- Jaykers would have no viable way to get sewer, so I'm asking that it also
be moved to November 7th, until that reimbursement agreement can be in place and,
similarly, I have been in contact with the engineer and he's also coming in tomorrow to
see what we can allow him to get started on prior to this approval. So, I'm asking for
that to be continued to November 7th.
De Weerd: I need a motion.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I move we table -- or continue PF 07-026 to November 7th, 2007.
Zaremba: Second.
De Weerd: I have a motion and a second to continue Item 8 until 11/7. All those in
favor say aye. All ayes. Motion carried
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 9; Tabled from October 16, 2007: FP 07-032 Request for Final Plat
approval for 192 multi -family units on 48 building lots and 1 common lot on
13.99 acres in an R-15 zone for Canterbury Commons Subdivision by
Canterbury Commons, LLC — south of West Pine Avenue and east of
North Ten Mile Road:
De Weerd: Item 9 has also been requested to continue to 11/7. Do I have a motion?
( ADA COUNTY RECORDER J. DAVID iRO AMOUNT .00 30
BOISE IDAIf012106107 01'36 PM
DEPUTY Danielle Bouleffe III IIIII11111.111111111111111111 III III
RECORDED -REQUEST OF 107161977
CiV of Meridian
ADDENDUM TO THE DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Scott I Iger, Owner/Developer
The following is an addendum to that certain DEVELOPMENT
AGREEMENT, entered into on the 12th da of April, 2006. This addendum is made and
entered into this day of 10 Uo 2 , 2007, by and between CITY OF
MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and
Scott Higer, whose address is 415 West Franklin, Meridian, Idaho 83642, hereinafter called
"OWNER/DEVELOPER'.
OWNER / DEVELOPER agrees to be bound by the terms of the original
Development Agreement (instrument # 10604912), approved on April 18, 2006 on the land
described in Exhibit "A", except as specifically regarding Section 5, "Development in
Conditional Use".
1. The parties hereto agree that the development of the property described in Exhibit
"A" shall be in accordance with the terms of the above described Development
Agreement, exhibit "B", or those City ordinances in effect at that time any
subsequent conditional use application is filed, whichever are more restrictive.
2. That Section 5, "Development in Conditional Use" of the original Development
Agreement, Instrument # 10604912, approved on April 18, 2006, be deleted in its
entirety as it does not apply to this property.
3. That "Owner/Developer" agrees to abide by all ordinances of the City of
Meridian and the "Property" shall be subject to de -annexation of the
"Owner/Developer", or their assigns, heirs, or successor shall not meet the
conditions of this addendum to the Development Agreement, and any new
Ordinances of the City of Meridian as herein provided.
4. This addendum shall, be binding upon and insure to the benefit of the parties'
respective heirs, successors, assigns and personal representatives, including
"City's" corporate authorities and their successors in office. This second
addendum shall be binding on the "Owner/Developer" of the "Property", each
subsequent owner and any other person(s) acquiring an interest in the "Property".
Nothing herein shall in any way prevent sale or alienation of the "Property", or
portions thereof, except that any sale or alienation shall be subject to the
provisions hereon and any successor owner or owners shall be both benefited and
bound by the conditions and restrictions herein expressed. "City" agrees, upon
written request of "Owner/Developer", to execute appropriate and recordable
evidence of termination of this addendum if "City", in its sole and reasonable
ADDENDUM TO DEVELOPMENT AGREEMENT (AZ 05-066 MERIDIAN VETERINARY CLINIC)
discretion, had determined that "Owner/Developer" has fully performed its
obligations under this Addendum.
5. If any provision of this addendum is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised from this addendum
and the invalidity thereof shall not affect any of the other provisions contained
herein.
6. This addendum sets forth all promises, inducements, agreements, condition, and
understandings between "Owner/Developer" and "City" relative to the subject
matter herein, and there are no promises, agreements, conditions or under-
standing, either oral or written, express or implied, between "Owner/ Developer"
and "City", other than as are stated herein. Except as herein otherwise provided,
no subsequent alteration, amendment, change or addition to this second
addendum shall be binding upon the parties hereto unless reduced to writing and
signed by them or their successors in interest or their assigns, and pursuant, with
respect to "City", to a duly adopted ordinance or resolution of "City".
a. Except as herein provided, no condition governing the uses and/or
conditions governing development of the subject "Property" herein
provided for can be modified or amended within the approval of the City
Council after the "City" has conducted public hearing(s) in accordance
with the notice provisions provided for a zoning, designation and/or
amendment in force at the time of the proposed amendment.
7. This addendum shall be effective as of the date herein above written.
ADDENDUM TO DEVELOPMENT AGREEMENT (AZ 05-066 MERIDIAN VETERINARY CLINIC)
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER/DEVELOPER:
.�'ott Higer i
CITY OF MERIDIAN
BY: /
Mayor Tammy de eerd
f h Cr� eo&vu G 11-2X-07
Attest:'
�044T
O
B AL
William G. Berg, Jr., Ci Cleg-
It
I fill
ADDENDUM TO DEVELOPMENT AGREEMENT (AZ 05-066 MERIDIAN VETERINARY CLINIC)
! 0
STATE OF IDAHO )
. ss:
County of Ada, )
On this day of D c - , 2007, before me, the undersigned, a Notary Public
in and for said State, personally appeared Scott Higer known or identified to me to be the
person who executed the instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
(SEAT,)
i IMs`
D. LAWGHRM'
State of kklhp = �-
STATE OF IDAHO )
ss
County of Ada )
C
Notary Public for I o
Residing at: )Mcg f _ _ \� � >
My Commission Expires: k
On this_ day of WQVf m 6e✓ , 2007, before me, a Notary
Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified
to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
IN WITNES'S WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
••�rrrrrr
(SEAL)
•_ 141
-� � wn)')& Uj'i
Notary Public for Idaho
Residing at: 4 d t r i 1 D______
Commission expires: iQ-11-1i
ADDENDUM TO DEVELOPMENT AGREEMENT (AZ 054066 MERIDIAN VETERINARY CLINIC)
AOA COUNTY REORDER J. DAVID NAVARRO AMOUNT .00 25
8031 IDAHO 040/06 OZQ2 PIN
DEPUTY Neaaa Haney
RECORDED -REQUEST Of 106964912
meridian l8ty
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Scott Higer, Owner/Developer
THIS 1,EVELOPMENT AGREEMENT (this "Agreement'), is made and
entered into this' of r► 2006, by and between City of Meridian, a
municipal corporation of the State of fdaho, hereafter called "CITY% and Scott Higer, whose
address is 415 West Franklin Road, Meridian, Idaho 83642 hereinafter called
"OWNERIDEWLO'ER".
1. RECITALS:
1.1 WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law
and/or equity, of certain tract of land.in the County of Ada, State of
Idaho, described in Exhibit A for each owner, which is attached
hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the "Property"; and
1.2 WHEREAS, I.C. § 67-6511 A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re -zoning that the
"Owner/Developer" make a written commitment concerning the use
or development of the subject "Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re -zoning of
land; and
1.4 WHEREAS, "Owner/Developer" has submitted an application for
annexation and zoning of the "Property's" described in Exhibit A.
and has requested a designation of (C -G) General Service and Retail
Commercial, (Municipal Code of the City of Meridian); and
1.5 WHEREAS, "Owner/Developer" made representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the subject
"Property" will be developed and what improvements will be made;
and
DEVELOPMENT AGREEMENT (AZ 05-066) MERIDIAN VETERINARY CLINIC
PAGE 1 OP 10
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject "Property" held before the
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
1.7 WHEREAS, City Council, the 7* day of March, 2006, has approved
certain Findings of Fact and Conclusions of Law and Decision and
Order, set forth in Exhibit B, which are attached hereto and by this
reference incorporated herein as if set forth in full, hereinafter
referred to as (the "Findings"); and
1.8 WHEREAS, the Findings require the "Owner/Developer" to enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
is "OWNER/DEVELOPER" deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at its urging and requests;
and
1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a
development agreement for the purpose of ensuring that the
"Property" is developed and the subsequentuse ofthe "Property" is in
accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence received
by the "City" in the proceedings for zoning designation from
government subdivisions providing services within the planning
jurisdiction and from affected property owners and..to ensure re-
zoning designation is in accordance with the amended
Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and the Zoning and Development Ordinances
codified in Meridian City Code Title l Land Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
DEVELOPMENT AGREEMENT (AZ 05-066) MERIDIAN VETERINARY CLINIC
PAGE 2 OF 10
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3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
3.1 "CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 "OWNER/DEVELOPER": means and- refers to Scott Niger, whose
address is 415 West Franklin Road, Meridian, ID 83642 the party
developing said "Property" and shall include any subsequent owners
and/or developer(s) of the "Property".
3.3 "PROPERTY": means and refers to that certain parcels) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned C -G (General Service and Retail Commercial) attached hereto
and by this reference incorporated herein as if set forth at length.
4. USES PERMMD BY TMS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Code Section 11- -2 CM which are herein specified as follows:
Construction and development of a Certificate of Zoning
Compliance shall be submitted to the City of Meridian prior to a
future development in the C -G zone, and the per&mt provisions of
the City ofMeridian Comprehensive Plan are applicable to this AZ
05-066 application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has
submitted to "City" an application for conditional use permit site plan dated December 13,
2005, and shall be required to obtain the "City"' approval thereof; in accordance to the City's
DEVELOPMENT AGREEMENT (AZ 05.066) MERIDIAN VETERINARY CLINIC
PAGE 3 OF 10
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of this agreement within two years of the date this Agreement is effective, and after the
"City" has complied with the notice and hearing procedures as outlined in Idaho Code § 67-
6509, or any subsequent amendments or recodifications thereof.
9. CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner/Developer" consents upon default to the reversal of the zoning
designation of the "Property" subject to and conditioned upon the following conditions
precedent to -wit:
8.1 That the "City" provide written notice of any failure to comply with
this Agreement to "Owner/Developer" and if the "Owner/Developer"
fails to cure such failure within six (6) months of such notice.
9. INSPECTION: "Owner/Developer" shall, immediately upon completion of
any portion or the entirety of said development of the "Property" as required by this
agreement or by City ordinance or policy, notify the City Engineer and request the City
Engineer's inspections and written approval of such completed improvements or portion
thereof in accordance with the terms and conditions of this Development Agreement and all
other ordinances of the "City" that apply to said Development.
10. DEFAULT:
10.1 In the event "Owner/Developer", "Owner/Developer's" heirs,
successors, assigns, or subsequent owners of the "Property" or any
other person acquiring an interest in the "Property", fail to faithfully
comply with all of the terms and conditions included in this
Agreement in connection with the "Property", this Agreement may be
modified. or terminated by the "City" upon compliance with the
requirements of the Zoning Ordinance.
10.2 A waiver by "City" of any default by "Owner/Developer" of any one
or more ofthe covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any other rights or
remedies of "City" or apply to any subsequent breach of any such or
other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
DEVELOPMENT AGREEMENT (AZ 05-066) MERIDIAN VETERINARY CLINIC
PAGES OF 10
"Owner/Developer's" cost, and submit proof of such recording to "Owner/Developer", prior
to the third reading ofthe Meridian Zoning Ordinance inconnectionwith the re -zoning ofthe
"Property" by the City Council. If for any reason after such recordation, the City Council
fails to adopt the ordinance in connection with the annexation and zoning of the "Property"
contemplated hereby, the "City" shall execute and record an appropriate instrument ofrelease
of this Agreement.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title
or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action
at law or in equity to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
13.1 In the event of a material breach of this Agreement, the parties agree
that "City" and "Owner/Developer" shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the non.
breaching party's seeking of any remedy provided for herein,
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaultingparty shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
13.2 In the event the performance of any covenant to be performed
hereunder by either "Owner/Developer" or "City" is delayed for
causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time of
such delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code § 12-5-3, to insure that installation ofthe improvements,
which the "Owner/Developer" agrees to provide, if required by the "City".
DEVELOPMENT AGREEMENT (AZ 05466) MERIDIAN VETERINARY CLINIC
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15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that
no Certificates of Occupancy will be issued until allimprovements are completed, unless the
"City" and "Owner/Developer" has entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees
to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de -
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions ofLaw, this Development Agreement, and
the Ordinances of the City of Meridian.
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY: OWNER/DEVELOPER:
C/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
Scott Eger
415 West Franklin Road
Meridian, ID 83642
17.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, thaprevWing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
DEVELOPMENT AGREEMENT (AZ 05-066) MERIDIAN VETERINARY CLINIC
PAGE 7 OF 10
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including "City's" corporate authorities and their successors in office. This
Agreement shall be binding on the "Owner/Developer" of the "Property", each subsequent
owner and any other person acquiring an interest in the "Property". Nothing herein shall in
any way prevent sale or alienation•ofthe "Property", or portions thereof, except that any sale
or alienation shall be subject to the provisions hereof and any successor owner or owners
shall be both benefited and bound Eby the conditions and restrictions herein expressed. "City"
agrees, upon written request of "Owner/Developer", to execute appropriate and recordable
evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had
determined that "Owner/Developer" has fully performed its obligations under this
Agreement.
21. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
22• FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner/Developer" and
"City" relative to the subject matter hereof:, and there are -no promises, agreements,
conditions or understanding, either oral or written, express or implied, between
"Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise
provided, no subsequent alteration, amendment, change or addition to this Agreement shall
be binding upon the parties hereto unless reduced to writing and signed by them or their
successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted
ordinance or resolution of "City".
22.1 No condition governing the uses and/or conditions governing re zoning of the
subject "Property" herein provided for can be modified or amended without
the approval of the City Council after the "City" has conducted public
DEVELOPMENT AGREEMENT (AZ 05-066) MERIDIAN VETERINARY GUMC
PAGE 8 OF 10
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hearings) in accordance with the notice provisions provided for a zoning
designation and/or amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the "Property" and execution of
the Mayor and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER /DEVELOPER:
21
. Scott Higer
CITY OF MERIDIAN
BY:
MAYOR tAjOV de WEERD
Attest:
Cain 4
•��od
CrfY CLERK
DEVELOPMENT AGREEMENT (AZ 05-066) MERIDIAN VETERINARY CLINIC
PAGE 9 OF 10
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STATE OF IDAHO, )
ss:
County of Ada, )
On this 17), day of 2006, before me, the undersigned, a
Notary Public in and for said State, perso lY�al y appeared Scott Higer, known or identified to
me to be the person who signed the instrument, and acknowledged to me that he executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
(SEAL SSA o. LAUGMWE
Notary Ruh,ic
Stab of Idaho
STATE OF IDAHO )
ss
County of Ada )
Notary Public for Idaho
Residing at: d�\�., . r�• ��
My Commission Expires:
On this day of � 2006, before me, allotary
Public, personally appeared Tammy de Weenc and William G. Berg, Jr., know or identified
to me to be the Mayor and Clerk, respectively, of the City of'Meridian, who executed the
instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the dart' and year in this certificate t above written
0•.192 •••
t'
(SE
At), '�'O T\'o
„ Notary Public for Idaho
It 1r Residing at:
Commission expires -
DEVELOPMENT AGREEMENT (AZ 0544 MERIDIAN VETERINARY CLINIC
PAGE 10 OF 10
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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In the Matter of a request for Annexation and Zoning of .50 acres from R-12 to C -G
(General Service and Retail Comatcrcial) at 415 West Franklin Road, by Meridian
Veterinary Clinic.
Can No(s). AZ -05-066
For the Chy Council Rearing Date of: March 7, 2006
A. Findings of Fact
1. Hearing Facia (see attached Staff Report for the hearing date of March 7, 2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of March 7, 2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Reportfor the hearing date of March
7, 2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of March 7, 2006 incorporated by refeveam)
B. Conclusions of Law
The City of Meridian shall exercise the powers conferred upon it by the "Local Laud Use
Planning Act of 1975," codified at Chapter 65, Title 67, Who Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Utufied 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, wWcb was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
The conditions shall be reviewable by the City Council pureaaut to Meridian City Code §
114A.
CRY OF MERIDIAN FINDINGS OF FACE, CONCWSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ45-065 - PAGE 1 of 3
0
4. Due consideration has been given to the comments) 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 thea a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any effected
party requesting notice.
7. That this approval is subject to the Legal Description and the Conditions of Approval
all in the attached Staff Report for the heating date of March 7, 2006 incorporated by
reference. The conditions are concluded to be reasonable and the applicant shall mat
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 § i 1-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of March 7, 2006 incorporated by reference.
D. Notice of Final Action and Right to Regulatory Takings Analysis
The Applicant is hereby notified that pzmant to Idaho Code 67-8003, a denial of a plat
or conditional use pemtit entities the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty --eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please talcs notice that this is a final action of the governing body of the City of
Meridian, pinsuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in rel property which maybe adversely affected by the issuance or denial of
the conditional use permitapproval 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.
E. Attached: Staff Report for the hearing date of March 7, 2006
By action of the City Council at its #regular meeting held on the 74,, -
day of
_, 2006.
MY OF MERTDTAN HNDINOS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDFA
CASE NO(S). AZ-OS466 - PACE 2 of 3
COUNCIL MEMBER SHAUN WARDLE VOTED__.��
COUNCIL MEMBER JOE BORTON VOTED — —P
COUNCLI. MEMBER CHARLIE ROUN`IREE VOTED_4�
COUNCIL MEMBER KEITH BIRD VSD- —��
TIE BREAKER VOTED_
MAYOR TAMMY de WEERD
MAYORC,IMY Cc
ATTEST:
IAMO. BERG, nL,
copy served upon:16/Applicant
-�' Planning Department
-+✓ Public Works Department
City Attorney
BY Dated. aj--Ol4 __
City Clerk's OffiC6
CITY OF MERIDIAN HNOINOS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ4MM - PAOE 3 of 3
-.
0 •
CITY OF MERIDIAN PLANNING DTPARTMM STAFF REPORT FOR IM IW AMNO DATE OF MARCH 7, 2006
STAFF REPORT City Council Hearing
Hearing Date: 3/7/2006
TO: Mayor and City Council
FROM: Josh Wilson, Associate City Planter
SUBJECT: Meridian Vderinary Clinic
• AZ -05-066
k60j
rrn• ao �� .
uw.wc5
Annexation and Zoning of .50 acres from R12 (Ada County) to C -G zone
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applic arrt, Joe Thompson of Architecture Northwest; has applied for Annexation and Zoning (AZ) of
.50 acres from 1112 (Ada County) to C-0 (General Retail and Service Commercial) for the construction of
a new building at an existing veterinary clinic. The site is located on the south side of Franklin Road, west
of N. Meridian Road. The site is cumendy vacant and a veesrinary clinic artists on the property which is
adjacent.
2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the
Item on February 2, 2006. At the.pulik hearing they moved to recommend approval.
a. Summary of Public Bearing
L Ia favor. Joe Thompson
ii. In opposition: None.
iii. Commenting: LarryRaakhanr
iv. Staff presenting application:
v. Other staff commenting on application:
b. Key bones of ftemidoo by Commialon:
i. Ait ve Cmpliance for require! landscaping along the west property line and
the desire to see landscaping along Franklin Read.
a Key Commission Changes to Staff Recommendation:
L None.
d. Outstanding Issues) for City Council:
i. None.
& PROPOSED MOITONS
Approve
I move to approve File Number AZ -OS -066 as presented in the staff report for the hearing date of
March 7, 2006, with the following modifications to the conditions of apprm'at (add any prop
modifications).
Deny
I prove to deny File Number AZ -05.066 as presented in the staff report for the hearing date of
March 7, 2006, for the following reasons: (you must state specific reasons for denial).
Continue
I move to continue the public hearing for Fite Number AT -05-M to (date certain).
4. APPLICATION AND PROPERTY FACTS
Meridian Veterinary ainle AZ45.05
PAGE 1
i
r
.s CITY OF MERIDIAN PLANNINGDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006
a. Site Address1 oration:
South side of Franklin Road, west of N. Meridian Road/ 415 W. Franklin Road
NE V4, NE W, Section 13, T3N R1W
I—A!"T1V
Scott huger
415 W. Franklin Road
Meridian, Idaho 83642
c. Applicant:
Joe Thompson, Architecture Northwest
22416x' Avenue S.
Nampa, Idaho 83651
d. Representative: Joe Thompson
e. Present Zoning: R12 (Ada County)
f. went Comprehensive Plan Designation: Commercial
g. Applicant's Justification Statement (firm application materials): "We feel that developing the
property as commercial would be a better fit with the surrounding land uses. Conceptually, our client is
proposing to use the parcel to expand his Veterinary facilities to meat our increased customer demand
The proposed 7,200 sq. S. facility would be located on the south and of the subject parcel."
4. PROCESS FACTS
a. The subject application will in fact constitute a animation as determined by City Ordinance.
By reason of the provisions of UDC 11 -SB -3, a public hearing is required before the Planning
and Zoning Commission and City Council on this matter..
b. Newspaper notifications published on: Jacniary 16 and 30, 2006
c. Radius notices mailed to properties within 300 feet on: January 6, 2005
d. Applicant posted notice on site by. January 24, 2006
6. LAND USE
a. Existing Land Use(s): Vacant with existing vetainary clinic on adjacent parcel which fronts
on Franklin, Road
b. Description of Character of Surrounding Area: The aura along this portion of Franklin Road is
developed as mostly conimeraal, with sonic industrial and residatial uses to the west of the
site.
c. Adjacent Land Use and Zoning
1. North: Louisiana Pacific manufactmug plant, zoned C -G and I L.
2. East: Existing residence and vacant land, zoned C -G
3. South Existing office building in Troutner Business Pads, zoned C -G.
4. West: Existing office building in Troutner Business Park, zoned C-0.
d. history of Previous Mons: None.
Meridian VeWomy Clinic AZ -05-M PAGE 2
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• CCr1Y OF M=VJAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006
C. Existing Constraints and Opportunities
1. Public Wares
Location of sewer: In w Franklin Road
Location of water In W. Franklin Road
Issues or concerns: None.
2. Vegetation: None.
3. Flood plain: NA
4. CanalsMitches Irrigation: No m41or facilities.
S. Hazards: None.
6. Proposed Zoning: GG
7. Size of Property: S0 acres
h. Proposed and Required Non -Residential Setbacks; per the 1=0 zone
C -G Standard
Front
0 feet
Side
0 feet
Rear
0 feet
Max. Builfung Height
65 feet
Mia. Lot Size
None
Min. Street Frontage
None
i. Sumunaty of Proposed Streets and/or Access (private, public, common drive. etc.): The access
to the site will be from an existing curb cut on Franklin Road.
7. COMMENTS M&MG
On January 13, 2806 Planning Staff held an agency comments tnwtiag� The agencies and dept
present include: Meridian Fire Department, Meridiani Police Depamnent, Meridian Parks Department,
Meridian Public Works Deparbnent, and dw Sanitary Services Company. Staff has included all conn eats
and recommended actions as Conditions of Approval in the attached Exhibit B.
8. COMPRESRNSIVE PLAN POLICIES AND GOALS
The 2002 Comprehensive Plan Future Lath Use Map designates the subject property as 'Commercial'. In
Chapter VII of the Comprehensive Plan, `Commercial' areas are anticipated to 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 sash as goverommt offices. Staff
fords that the requested C -O zoning generally conforms to this elated purpose and irk of the
commercial designation within the Comprehensive Plan.
Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan
to be applicable to this application (hWanalysls is in italics belowpoltcy):
• "Require all commercial businesses to install and maintain hmdsc apiW' (Chapter V, Ooal in,
Objective D, Action item 5)
Mmubm VowiwW CWdc AZ -W -M PAGE 3
0 •
Cn Y OF MERIDTAN PLANNING DEPARTMM STAFF REPORT FOR THE MEARTNG DATE OF MARCH 7, 2005
The applicant is not specifically proposing to install any londscaping with the s,4ect annexation
aPPlication. The applicant wtll be.reguired to submit a development application prior to constructing
any use on the site. When the future development applteation(s) are processed by the City. the
applicant will be requirsed to construct tarrdscapMg which complies with the Unified Dev¢lopment
Code.
• "Permit new ...commercial development only where urban services car be reasonably provided at
the time of final approval and developmem is contiguous to the City." (Chapter IV, Goal I, Objective
A. Action item 6)
The subject site can be serviced by the City of Merldfan's sanitary sewer and water systems
• 'Plan for a variety of commercial and retail opportunities within the impact Area." (Chapter VII,
Goa11, Objective 13)
77+e proposed use does contribute to the variety of conynerclol uses in this area, as envisioned with
the Comprehensive Plan.
Sta,,� finds that a C -G zone is harmonious with and in accordance with the Comprehensive Plan.
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control. UDC 11-2B-2 lists animal care facilities as a Permitted use
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 Districts are designated which differ in the size and scale of commercial wucWm
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 lt�ommendation
ANNLXAMN,AN Based on the policies and goals contained in the Comprehensive
Plan and the general Compliance of the proposed developmcot with the Zoning Ordinance, staff
believes that this is a good location for the proposed annexation and veterinary clinic. Please see
Exhibit D for data W andysis of facts and findings.
The armexatioa legal description submitted with the application (prepared on. December 13, 2005
by Damn Leavitt, PLS) shows the property as contiguous to the existing corporate boundary of
the City of Meridian.
That the applicant will be responsible for all cam associated with the sewer and water service
extension. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domesdc service, per City Ordinance Section 5-7-517, when services are
available from the City of Meridian. Wells may be used for non domesde purposes such as
landscape irrigation.
That all future development of ale subject property shall be constructed in accordance with City
of Meridian ordinances in effect at the time of development. All future uses shall not involve
uses, activities, processes, materials, equipment and conditions of operation that will be
Maidim Veterinary Ginfe Az os4w PAGE 4
CITY OF M MIAN FL.AIVMNG DEFARIMM STAFF REPORT FOR THE HEARING DATE OF MARCH 1, 2006
detrimental to any persons, property or the general welfare by reason of excessive production
Of Vic, noise, saaoke, fins, glare or odors.
ftecial Considerations• Staff is generally supportive of the proposed site design as presented m
the conceptual site plan labeled as Sheet A-1-0, dated August 12, 2005, with the following
comnnents:
Ire$meter a.►An. gam. UDC 11 -3B -Cl requires a five-foot minimum perimeter
landscape buffer along all interior lot liars adjacent to parkwS, loading, or other paved
vehicular use areas. This landscape buffer shall be planted with one two per thirty-five lineal
feet and shrubs, lawn, or Other vegetative groundwver. The submitted site plan does not
depict the required hmdscape strip along the western property line. It appears that due to die
location of the existing building, there is ftWfftcient Space to provide the
required five-foot
sP and Alternative Compliance may be apprW ate. The applicant should be aware that
they will be required to submit an Alternative Compliance application with the application for
Certificate of Zoning Compliance and the Planning Director will make the determination
whether etc Proposal meets the requirements of UPC 11 -3B -i.
Fire DgoUMM and ecu Homs: The Meridian Fire Depatonent and Sanitary Services
Company (SSCP have commented that the drive aisle on the west side of the proposed
building must be twenty feet in width and marked as "No Parking".
Paking Adiacent to New AMing., The submitted COUMAW sae plan shows ten parking
spaces adjacent to the Proposed budding, including one handicap accessible space. The
Meridian Fire Department and SSC have commented that the turning radius at the corner of
the paddag spaces and the drive aisle on the west side of the building is iumdficient. The
applicant should eliminate tie western most space along the proposed building to address this
c mcern. The Unified Development Code also requires that a landscape planter be placed at
the end of the raw of parking, which contains vegetative gromadcover and at least one tree.
With the elimination of the one parking Space and the placement of it plainer at the and of the
row of parking, the turning radius will be sufficient for the Fire Department and SSC.
The applicant shall sub=t plans for the required Cmtiffem of Zoning Compliance which
address and remedy these coacetm, and comply with the Unified Development Code.
Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into
between the City of Meridian; property owner (at the time of amexation ordinance adoptions and
the developer. MW apnLcarn s1+Ath W,M= the Cats Attarnev Bill Riarv_ at Sgga43a ?n ;,,;hist,* #Uio
incorporate the following: - — -- --- ---
That all &lure uses shall not imrolve uses, activities, Processes, materials, equipment and
conditions of operation that will be detrimental to any person% property or the general welfare by
reason of excessive production oftraffic, noise, smoke, Bantus, glare or odors.
That all ft= development of the subject property shall be constructed w accordance with
City of Meridian ordinances in effect at the time of development.
• That the applicant will be responsible for all costs associated with the sewer and water service
extension.
That any existing domestic wells and/or septic systema within dais project will have to be
removed Rona their domestm service, per City Ordinance Section 5-7-517, when services are
available from the City of Meridian. Wells may be used for non-domestic purposes such as
landscape irription.
Meridian Veterinary Clinic A?P)S-066
PAGE 5
0
i
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7.2006
• That prior to issuance of a Cett time of Zoning Compliance for construction of the now
building, the appheant shall submit a recorded dross access and parking easement between the
two parceis.
b. Staff Staff recommends approval of AZ -05-M for Meridian Veterinary
Clinic as presented in the staff report for this hearing date of March 7, 2006 based on the Findings
of Fact as listed in Exhibit D and subject to the approval comments as listed in Exhibit B as
attaoshed to this report. Staff bas prepared fundings consistent with this r:ommenda�ian
ii, EMBrrS
A. Dmwinpa
I. Conceptual Site Plan
B. Conditions of Approval
1. Planning Department
2. Public works Department
3. Fine Departzoant
4. Police Department
S. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Legal Description
D. Required Findings from Zoning Ordinance
Mardian Vetainwy Clinic AZ -05466 PAGE 6
•
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIB HEARING DATE OF MARCH 7.4006
A DMvisip
1. Conceptual Site Pin
Exhibit A
CI1`Y OF MERIDIAN PLAMJM DEPARTMENT STAFP REPORT POR THE HEARING DATE OF MARCH 7, 2006
•
•
a
Esdait A
W. FftA#89L#i A0. ;
.,
• 0
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE Of MARCH 7,2W6
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 ANNEXATION COMMEM
Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into
between the City of Meridian, property owner (at the time of annexation ordinance adoption), and
the developer. Mwxylicant shall contact the C&,ftomes+ BL Narver A 4W to juvistg
>�WitNa 18 months of Citi►Council Mroval of the annexation raouest. The DA shall
incorporate the following:
• That all future uses shall not involve uses, activities, Processes, materials, equipment and
conditions of operation that will be detrimental to ally persons, property or the Senegal welfare by
town of excessive production of tra ft noise, smoke, fugues, glare or odors.
• That all future development of the subject property shall be constructed in accordance with City
of Meridian ordinances in effect at the time of development.
• That the applicant will be responsible for all costs associated with the sewer and water service
extension.
• 7U any existing domestic wells and/or septic systema within this project will have to be
removed from their domestic service, per City Ordinance Section 5.7-517, when services are
available from the City of Meridian. Wells may be used for non-domestic purposes such as
landscape ration•
• That prior to issuance of a Certificate of Zoning Compliance for construction of the new building,
the applicant shall submit a recorded cross access and parking cesenae nt between the two parcels.
2. PUvLIC WORKS DEPARTMENT
1. The proposed.prnject has no Public Works concerns.
3. Fmx DEPARTNUM
1. The proposed prroicct has no Fire Departs concerns.
4. POLICE DEPARTMENT
1. The Police Department has no concerns related to the application.
5. PARKS DEPARTMENT
1. The Fath Department has no concerns related to the application.
6. SANITARY SERVICES COMPANY
1. SSC has no concerns related to the application.
7. ADA COuN YE11G7HWAV D1STR1cT
1. Approved with no conditions.
Ex1afe B
c
C" OF MERIDIAN PLANNAM(i DEPAIUM M STAFF REPORT FOR 7M MARING DATE OF MARCH 7, 2MG
POOR COp'Y
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CITY OF h mlumw PLANNING DEPARTMENT sTAFF REPORT FOIL nm HEARjNa DATE OF MARCH 7,20N
A Required Findings fiom Zoning Ordinance
1. Annexation Findings:
Upon recommendation from the Commission, the COMMA shall make a fall lnvesdgadon
and shall, at the public hearing, reMew the application. In order to grant an AMMMMtlon
and/or rezone, the Council shall make the following flodings:
1. The map amendment domplles with the app![caele provisions of the comprehensive
The applicant is proposing to zone all of the subiW property to C.G. City Crnmcil finds
proposed the map arofthnent complies with the applicable provisions of the
plan. Plesse see Comprehensive Plan Policies and Goals, Section 8, of the
Staff R%wwt
2. The map amendment complies with the regulations oufted for thero osed
dl Wct, sPMraliy the purpose statement; P P
City Council finds that animal cm facilities an allowed within the requested zoning
district of C -G as a pnnapally PermMW Use, The applicant will be required to submit
for approval of a Certificate of ,Zoning Compliance prior to Commencement of air
construction on the property, to ensure eompLwo with City Code.
3. The map amendment shall not be materially detrimmW to the publte health, safety,
and welfare;
City Council finds that the proposed zoning went will not be dehimeow to the
public hmltb, safety, or welfare.
4• ,Tile map amendment shall not result in an adverse impadt upon the delivery of
services by any political subdivision providing pgbllc Services within the City
inelodtng, but not Undw to, school districts; and,
City Council finds that the proposed zoning amendment will not result m any advase
impact upon the delivery of services by any Political subdivision providing services to
this site.
S. The aanesatlon is in the best of interest of the City (UDC 11-3B IE).
City Council his that all essential services are available or will be provided by the
developer to the subject property and will not require ddnreasonable expenditure of public
finds. The 8pplid.t is proposing to develop the land in general compliance with the
CiVs COMMehewiVe Plan. This is 1 mon of the City limits. JA accordance
With the findi listed above, Off finds dw AMMUM WL&Mg of aus RMWV to
Q, -G would be in the best intt of the City
FjduWt D
OPS, SOLNDAFM
vv
TOPOGRAPHIC AN-DAJL.TA
Z.
fil
SURVEYS
Land 5-ur ing, Inc. C0-NMRVCT10N:nAX-MG
yey 3D.SCAN UNG
1727+ f. State Stmt Sul -to 106 Eagle., Waho 83-61.6 ti officd: I- fax; 1-206.939-4321
208-939-71n
Job No. 059513
12-13-05
D.R.L.
LEGAL ]DESCRIPTION
FOR
SCOTT HIDER
ANNEXATION
A portion of the WorOifts.w/4 Of ft NOIrthylle5t IN oftba, Northeast Of Section 13,
Township 3 North, Range I West of the l3oise-Mmidian. Ada County, Idaho, described as
IbIlows,
Commencing-ar the NOI-Jimst corner of SeWon 13, Toumsbip 3 North, Range I W- Qst of
the Boase Meridian, Ada County.. Idaho, and running thence West 1452.13% feet along the
North fte. Ofsaid section to the POINT OF BEGINNNq. theme 90*'13'48%'W 313. 1:0
feet; t4eqcO Bast 124.00 feet: thence M* I 3'49'!E 1.50.00 -feet; thence West 99.00 f
th�ftt N09*1 F491B . 163.10 - feet*
tb-dw point -of b4nning. feet to The North line of said section, thence W.wt 25.00 feet
Parctl contai-fts 0-52 acres whicia includes proposed ri&-Of-Way along Fran]Kfin Road.
0
November 21, 2007
MERIDIAN CITY COUNCIL MEETING November 27, 2007
APPLICANT ITEM NO. 5-C
REQUEST Grant of Easement to Idaho Power Company for Installation and
Perpetual Use of a 15 foot by 60 foot strip of Land Located within Heroes Park
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: V-1-11
CITY PARKS DEPT.
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become properly of the City of Meridian.
•
11 C E IDIAN�,--�
A H 0
-
Internal Memo
To: Will Berg; Tara Green
From: Bruce Freckleton, Development Services Manag
CC: File
Date: 11/16/07
Re: Proposed Consent Agenda Item for November 27th City Council Meeting
The Development Services Division respectfully requests the following item be placed on the
November 27, 2007 City Council Consent Agenda, for Council's consideration:
Grant of Easement to Idaho Power Co. for installation and perpetual use of a 15 foot by 60
foot strip of land located within Hero's Park
This easement is for the erection and continued operation, maintenance, repair, alteration,
inspection, and replacement of the electrical transmission, distribution, and telephone lines
and circuits of the grantee.
Recommended Council Action: The Development Services Division
recommends that City Council approves the Grant of Easement to Idaho Power
Co. for installation and perpetual use of a 15 foot by 60 foot strip of land
located within Hero's Park, and authorize the Mayor and City Clerk to execute
the easement on behalf of the city of Meridian.
Note: Interim Parks Director, Steve Siddoway and Parks Superintendant, Elroy Huff have
both consented to the granting of this easement within Hero's Park.
Thank you for your consideration. Please contact me if you have any questions regarding
this item.
ub
aq:D�
0 Page 1
December 27, 2007
City of Meridian
Public Works
Attn: Mr. Bruce Freckleton
660 E. Watertower Ste 200
Meridian, ID 83642
Re: Instrument #897728
Dear Mr. Freckleton:
,
MIDAWr,
An IDACORP Company
G
JAIL 0 9 2007
City Of Meridian
City Clerk Office
Per your request, I am enclosing a copy of the above-named easement that impacts the
city's property. If you have any other concerns, please feel free to contact me.
Sincerely,
Enc. (1)
Eileen Vanderpool
208-388-2699 — direct line
208-388-6927 —fax line
a
2w�
1
�o KELLER
P.O. Box 70 (83707)
1221 W. Idaho St.
Boise, ID 83702
ADA COUNTY RECOR&J. DAVID NAVARRO AMOUNT 3.00
'Easement—oganization BOISE IDAHO 1212010M:58 AM
AnIDAC°UC°mMY (Overhead) DEPUTY Usa Irby III III"I'I'I'I"I�I'I'lII'I'll"I'II
RECORDED—REQUEST OF 1716735
Idaho Power
1-61 14< _M`Q 61A 6n , a Municipality, Grantor(s), of County,
(We th legal y registered name of the organization.)
State of , does hereby grant and convey to IDAHO POWER COMPANY, a Corporation, with its principal office located
at 1221 W. Idaho Street, Boise, Idaho, 83702 (P.O. Box 70, Boise, ID 83707), its licensees, successors, and assigns, Grantee, for One Dollar and other
valuable considerations, receipt of which is hereby acknowledged, a permanent and perpetual easement and right-of-way, sufficient in width for the
erection and continued operation, maintenance, repair, alteration, inspection, and replacement of the electrical transmission, distribution, and telephone
lines and circuits of the Grantee, attached to poles or other supports, together with guys, crossarms, and other attachments and incidental equipment
thereon, and appurtenances, with the right to permit the attachment of the wires and fixtures of other companies or parties, over, on, and across the
following premises, belonging to the said Grantor(s) in Ada County, State of Idaho in the following
location, to -wit:
A STRIP OF LAND 15 FEET WIDE AND BEING 7.5 FEET ON EACH SIDE OF A CENTERLINE LYING WITHIN THE NW 1/4 OF SECTION 26, T 4N, R 1W,
B.M., BEING A PART OF LOT 4, BLOCK 38 OF LOCHSA FALLS SUB. No 9, AS SHOWN ON THE OFFICIAL PLAT THEREOF NOW ON FILE AND OF
RECORD IN THE OFFICE OF THE COUNTY RECORDER OF ADA COUNTY, STATE OF IDAHO, THE CENTERLINE OF WHICH IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS: ,
COMMENCING AT THE WE8T_1/4 CORNER OF SAID SECTION 26; THENCE S 89°08'53"'E 45.5 FEET TO THE REAL -POINT OF BEGINNING; THENCE
N 0'21' 10" E 60 FEET TO THE POINT OF TERMINUS.
I . with all rights of ingress and egress necessary for the full and complete use, -occupation, and enjoyment of the easement hereby granted, and all
1. nd privileges incident thereto, including the right from time to time to cut, trim, and remove trees, brush, overhanging branches,. and other
ot;. 'ons which may injure or.interfere with the Grantee's use, occupation, or enjoyment of this easement and the operation, maintenance, and repair
of t, -tntee's electrical system. Grantor shall not alter the grade or elevation of the land within the right-of-way existing on the date hereof through
exca\ tions, grading, installation of berms, or other activities, without the prior written approval of Grantee.
Execui,:d and delivered this �_ day of B Im b± " Checked By: 0
Work Order #: 27263938
Signatures),,of Grantor(s) (Include title here ap able):
�.J�.�t1111lttllllfl//
a
STATE OF [do -ho
Ada—
ss.
County of Ada ��/Y rr„r
I, the undersigned notary public, do hereby certify that on $1;' i day of • , 20 Q ,7
personally appeared lammy dc. vvee
II`t P_ , q n ifu Name including
title after each name) before me w1d, being by me first duly sworn, declared they are r ectively the duly authorized persons of
C11 I�f le rtCl Leh (Organization Name), that he / she / they signed the foregoing document,
and�ged to me that he / she / they executed theVell%ract and deed n behalf of said organization.
® 0
'ICY 'e. d�
''•s°� o Public
it (IMAKi
(Notary Seal) a
Residing at
AtP
C�C+CJger I al
�' Commission expires
ROW 001c (2107) Refer to the attached sheets for instruoft'onja'h r�fze easements. DR
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10/23/2007
E IDIAN=--
Internal
Memo
To: Will Berg; Tara Green
From: Bruce Freckleton, Development Services Manag
CC: File
Date: 11/16/07
Re: Proposed Consent Agenda Item for November 27th City Council Meeting
R
e�
The Development Services Division respectfully requests the following item be placed on the
November 27, 2007 City Council Consent Agenda, for Council's consideration:
Grant of Easement to Idaho Power Co. for installation and perpetual use of a 15 foot by 60
foot strip of land located within Hero's Park
This easement is for the erection and continued operation, maintenance, repair, alteration,
inspection, and replacement of the electrical transmission, distribution, and telephone lines
and circuits of the grantee.
Recommended Council Action: The Development Services Division
recommends that City Council approves the Grant of Easement to Idaho Power
Co. for installation and perpetual use of a 15 foot by 60 foot strip of land
located within Hero's Park, and authorize the Mayor and City Clerk to execute
the easement on behalf of the city of Meridian.
Note: Interim Parks Director, Steve Siddoway and Parks Superintendant, Elroy Huff have
both consented to the granting of this easement within Hero's Park.
Thank you for your consideration. Please contact me if you have any questions regarding
this item.
s Page 1
4�imw 0 0
POWER. Easement—Organization
^^ (Overhead)
a Municipality, Grantor(s), of County,
(Use the legalty registered name of the organization.)
State of , does hereby grant and convey to IDAHO POWER COMPANY, a Corporation, with its principal office located
at 1221 W. Idaho Street, Boise, Idaho, 83702 (P.O. Box 70, Boise, ID 83707), its licensees, successors, and assigns, Grantee, for One Dollar and other
valuable considerations, receipt of which is hereby acknowledged, a permanent and perpetual easement and right-of-way, sufficient in width for the
erection and continued operation, maintenance, repair, alteration, inspection, and replacement of the electrical transmission, distribution, and telephone
lines and circuits of the Grantee, attached to poles or other supports, together with guys, crossarms, and other attachments and incidental equipment
thereon, and appurtenances, with the right to permit the attachment of the wires and fixtures of other companies or parties, over, on, and across the
following premises, belonging to the said Grantor(s) in Ada County, State of Idaho in the following
location, to -wit:
A STRIP OF LAND 15 FEET WIDE AND BEING 7.5 FEET ON EACH SIDE OFA CENTERLINE LYING WITHIN THE NW 1/4 OF SECTION 26, T 4N, R 1W,
B.M., BEING A PART OF LOT 4, BLOCK 38 OF LOCHSA FALLS SUB. No 9, AS SHOWN ON THE OFFICIAL PLAT THEREOF NOW ON FILE AND OF
RECORD IN THE OFFICE OF THE COUNTY RECORDER OF ADA COUNTY, STATE OF IDAHO, THE CENTERLINE OF WHICH IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 26; THENCE S 89°08'53" E 45.5 FEET TO THE REAL POINT OF BEGINNING; THENCE
N 0`21' 10"E 60 FEET TO THE POINT OF TERMINUS.
Together with all rights of ingress and egress necessary for the full and complete use, occupation, and enjoyment of the easement hereby granted, and all
rights and privileges incident thereto, including the right from time to time to cut, trim, and remove trees, brush, overhanging branches, and other
obstructions which may injure or interfere with the Grantee's use, occupation, or enjoyment of this easement and the operation, maintenance, and repair
of the Grantee's electrical system. Grantor shall not alter the grade or elevation of the land within the right-of-way existing on the date hereof through
excavations, grading, installation of berms, or other activities, without the prior written approval of Grantee.
Executed and delivered this day of Checked By: &�
Work Order #:
27263938
Signature(s) of Grantw(s) (Include title where applicable):
STATE OF
ss.
County of
I, the undersigned notary public, do hereby certify that on this day of
20—,
personally appeared (Individual's Name including
title after each name) before me who, being by me first duly sworn, declared they are respectively the duly authorized persons of
(Organization Name), that he / she / they signed the foregoing document,
and acknowledged to me that he / she / they executed the same as the free act and deed on behalf of said organization.
(Notary Seal)
Notary Public
Residing at
,
Commission expires
Row ootc (2/07) Refer to the attached sheets for instructions on how to notarize easements. DR
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November 21, 2007
MERIDIAN CITY COUNCIL MEETING November 27, 2007
APPLICANT ITEM NO. S -D
REQUEST License Agreement with Nampa Meridian Irrigation District for McNelis
Subdivision
AGENCY COMMENTS
CITY CLERK: see allached
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: 4
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.
•
November 21, 2007
MERIDIAN CITY COUNCIL MEETING
•
November 27, 2007
APPLICANT ITEM NO.
5-E
REQUEST Approve Liff Station / Force Main Easement Agreement for Tricia's
Crossing Bud for "Autumn Faire Lift Station"
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: me
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 of public meetings shall become properly of the City of Meridian.
j ADA COUNTY RECORDER
PMD O AMOUNT 00 1
-- — --- ---
SOME IDAHO �6 O7 01
DEPUTY Danielle Boulerte
i RECORDED—REQUEST OF NOM107016IM982
City of Meridian
't ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 7 _
DPUEAPa�1.45 PM
TYlo Thompson
RECORDED—REQUEST OF 107164789
CIV of Meridian ('�-42C
LIFT STATION / FORCE MAIN EASEMENT
THIS INDENTURE, made this A_ day ofiiW. , 20� between TRICIA'S CROSSING
SUBDIVISION, INC (dba AUTUMN FAIRE HOA) , the parties of the first part, and hereinafter
caped the Grantors, and the City of Meridian, Ada. County, Idaho, the party of the second part, and
hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a right-of-way easement across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the lift station and force main has been provided through underground pipelines
constructed by others, and
WHEREAS, it will be necessary to maintain and service said lift station and pipelines from
time to time by the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and
other good and valuable consideration, the Grantors do hereby give, grant and convey unto
the Grantee the right-of-way for an easement for the operation and maintenance of said lift
station and force mains over and across the following described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of the operation and maintenance of a
sanitary sewer lits station and the allied facilities, together with their maintenance, repair and
replacement at the convenience of the Grantee, with the free right of access to such facilities
at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after making repairs or performing other maintenance, Grantee shall restore the area of
the easement and adjacent property to that existent prior to undertaking such repairs and
maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring
anything placed within the area described in this easement that was placed there in violation of
this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
THE GRANTORS hereby covenant and agree with the Grantee that should any part of the
right-of-way and easement hereby granted shall become part of or he within the boundaries
of any public street, then, to such extent, such right-of-way and easement hereby granted
which lies within such boundary thereof or which is a part thereof, shall cease and become
null and void and of no further effect and shall be completely relinquished.
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and
possessed of the aforementioned and described win wan t an forever defend the title
y have a good and
lawful right to convey said easement, they
and quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part. have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR•
President
STATE OF IDAHO )
ss
County of Ada )
On this ____ day of20M before me, t • unde igned, a Notary
Public in and for said State, ersonally appeared 'r I—, ate'
known or identified to me to be the President
ett, respectively, of the corporation that executed the within instrument, and
acknowledged to me that such corporation executed the same.
iN WITNESS WHEREOF, I have hereunto set my hand and affi:,ced my official seal the day
and year fist above written.
�• a'yF+NN �••• NOTARY PUBLIC FOR IDAH
•• ; ',YResiding at:
R►Commission Expires:
•
GRANTEE: CITY OF MERIDIAN
Tammy de
0
REAL
Attest by William G. Berg, City
Approved By City Council On:
STATE OF IDAHO, )
: ss.
County of Ada )
•
On this 7_1 qday of 1V OYCM6;CY , 20_, before me, the undersigned, a Notary Public
in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR.,
known to me, to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and
who executed the within instrument, and acknowledged to me that the City of Meridian executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL) .•• ,rA .�',; NOTARY PUBLIC FOR IDAHO
Residing at:.�(L tdL
ULI , 10
Commission Expires: l 1-4
awl
00
poem .2N —0 n
0
•
BOUNDARY DESCRIPTION
OF
SEWER Lin STATION AND FORCE MAIN EASEMENT
FOR
THE CITY OF MERIDIAN, ADA COUNTY, IDAHO
An easement for sanitary sewer purposes located in the NE V of Section 4, Township 3
North, Range 1 West, Boise Meridian, and being part Lots 6 and 24 of Block 4 of
TRICIA'S CROSSING as shown in Book 90 of Plats at Page 10615, and also being part of
Lots 13 and 24 of Block 7 of TRICIAS SUBDIVISIONNO.3as shown in Book 85 of Plats
at Page 9468 in the office of the Recorder, Ada County, Idaho, more particularly
described as follows:
BEGINNING at the southerly corner of said Lot 6;
Thence N 55°18'15" E along the southeasterly boundary of said Lot 6 a distance of
151.77 feet to the easterly corner of said Lot 6;
Thence leaving said Lot 6 N 55°16'04" E a distance of 30.00 feet to the southerly comer
of said Lot 13;
Thence N 71018'25" E along the southeasterly boundary of said Lot 13 a distance of
131.46,feet to the easterly comer of said Lot 13, said point also being on the right -of --way
of Crossridge Court;
Thence along said right-of-way a distance of 20.57 feet along the are of a 50.00 foot
radius curve right, said curve having a central angle of 23°34' 10" and a long chord
bearing N 7'00'15" W a distance of 20.42 feet to a point;
Thence leaving said right-of-way S 71018'25" W a distance of 141.33 feet to a point on
the southwesterly boundary of said Lot 13;
Thence leaving said southwesterly boundary S 53143142" W a distance of 30.01 feet to a
point on the northeasterly boundary of said Lot 6;
Thence S 55018'15" W a distance of 153.80 feet to a point on the northeasterly right-of-
way of Tricia Way;
Thence S 40°29'22" E along said right-of-way a distance of 20.10 feet to the POINT OF
BEGINNING.
This parcel contains 0.15 acres and is subject to any other easements existing or in use.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
May 17, 2007
w
SKETCH TO ACCOMPANY DESCRIPTION FOR SEWER
LIFT STATION AND FORCE MAIN EAS�'MENT
FOR THE CITY OF MERIDIAN, ADA COUNTY, IDAHO.
BLOCK 7
TRICW5 SUBOMSION NO. 3
Z#
rlj
BLOCK 4
MIM'S CROSSING
P
a vii
5/ SE�oz 'y111
Np_
055
5
PO/NT OF
B£G/NN/NG
13
NWS c
ENT
MAIN
EA
E
31.
FORCE 7 8 25N
N
W
14
12
CROSSRIDG£
COURT
15
LINE DATA
LINE
BEARING
DISTANCE
L-1
N 55'1604" E
30.00
L-2
S 5J'43'42" W
30.01
L-3
S 40'2922" E
20.10
:URVEj
DELTA
RADIUS
—11
23,34'10"
50.01
13
NWS c
ENT
MAIN
EA
E
31.
FORCE 7 8 25N
N
W
14
12
CROSSRIDG£
COURT
15
0 .0
BOUNDARY DESCRIPTION
OF
SEWER LIFT STATION EASEMENT
FOR
THE CITY OF MERIDIAN, ADA COUNTY, IDAHO
An easement for sanitary sewer purposes located in the NE % of Section 4, Township 3
North, Range 1 West, Boise Meridian, and being part of Lots 6 of Block 4 of TRICLI'S,
CROSSING as shown in Book 90 of Plats at Page 10615 in the office of the Recorder,
Ada County, Idaho, more particularly described as follows:
BEGINNING at the southerly corner of said Lot 6;
Thence N 551 18'15" E along the southeasterly boundary of said Lot 6 a distance of 32.16
feet to a point;
Thence leaving said southeasterly boundary N 40°29'22" W a distance of 48.00 feet to a
point;
Thence S 49°30'38" W a distance of 26.66 feet to a point on the westerly boundary of
said Lot 6;
Thence S 0°12'36" W along said westerly boundary a distance of 8.20 feet to a point on
the northeasterly right-of-way of Tricia Way;
Thence leaving said westerly boundary S 40029122" E a distance of 38.54 feet to the
POINT OF BEGINNING.
This parcel contains 0.034 acres and is subject to any other easements existing or in use.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
May 31, 2007
Page____-.�-
SKETCH TO ACCOMPANY DESCRIPTION FOR SEWER
LIFT STATION EASEMENT FOR THE CITY OF MERIDIAN,
ADA COUNTY, IDAHO.
t
Memo
Ta Mayor De Weerd & City Council
From: Karie Glenn
CC: File
•
City of Meridian
Public Works Dept
- R E - � C ED' 11 F-Fj', I D
Date: 11/20/2007
Re: Proposed Agenda Items for 11/27/07 City Council Meeting
NOY ' 12007
ciL,y of'iM ridiari
C1}�y �'l�ri t� ice
The Public Works Department respectfully requests that the following items be placed on the
11/27/07 City Council agenda, on the Consent Agenda, for Council's consideration:
1) Lift Station / Force Main Easment for Tricia's Crossing Bud for "Autumn Fair Lift
Station".
Typical Lift Station / Force Main Easment.
Recommended Council Action: Approve the Lift Station / Force Main Easment
for Tricia's Crossing Bud for "Autumn Fair Lift Station" and authorize the
Mayor to sign and City Clerk to attest
Thank you for your consideration.
0 Page 1
LIFT STATION / FORCE MAIN EASEMENT
THIS INDENTURE, made this day of . 20 between TRICIA'S CROSSING
SUBDIVISION, INC (dba AUTUMN FAIRE HOA) , the parties of the first part, and hereinafter
called the Grantors, and the City of Meridian, Ada. County, Idaho, the party of the second part, and
hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a right-of-way easement across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the lift station and force main has been provided through underground pipelines
constructed by others; and
WHEREAS, it will be necessary to maintain and service said lift station and pipelines from
time to time by the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and
other good and valuable consideration, the Grantors do hereby give, grant and convey unto
the Grantee the right-of-way for an easement for the operation and maintenance of said lift
station and force mains over and across the following described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of the operation and maintenance of a
sanitary sewer lift station and the allied facilities, together with their maintenance, repair and
replacement at the convenience of the Grantee, with the free right of access to such facilities
at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after malting repairs or performing other maintenance, Grantee shall restore the area of
the easement and adjacent property to that existent prior to undertaking such repairs and
maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring
anything placed within the area described in this easement that was placed there in violation of
this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
descried for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
THE GRANTORS hereby covenant and agree with the Grantee that should any part of the
right-of-way and easement hereby granted shall become part of or he within the boundaries
of any public street, then, to such extent, such right-of-way and easement hereby granted
which lies within such boundary thereof or which is a part thereof, shall cease and become
null and void and of no further effect and shall be completely relinquished.
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and
possessed of the aforementioned and described tract of land, and that they have a good and
lawful right to convey said easement, and that they will warrant and forever defend the title
and quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR -
President
STATE OF IDAHO )
ss
County of Ada )
On this �_ _day of20CU before me, tbgned, a Notary
Public in and for said State, ersonally appeared
known or identified to me to be the President
vad-
-ftmvtary, respectively, of the corporation that executed the within instrument, and
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist above written.
NOTARY P LIC FOR )AHQ
Residing at:
Commission Expires:�-
V*
GRANTEE: CITY OF MERIDIAN
Tammy de Weerd, Mayor
Attest by William G. Berg, City Clerk
Approved By City Council On:
STATE OF IDAHO, )
: ss.
County of Ada }
On this day of , 20_, before me, the undersigned, a Notary Public
in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR,
known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and
who executed the within instrument, and acknowledged to me that the City of Meridian executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL) NOTARY PUBLIC FOR IDAHO
Residing at:
Commission Expires:
BOUNDARY DESCRIPTION
OF
SEWER LIFT STATION AND FORCE MAIN EASEMENT
FOR
THE CITY OF MERIDIAN, ADA COUNTY, IDAHO
An easement for sanitary sewer purposes located in the NE % of Section 4, Township 3
North, Range 1 West, Boise Meridian, and being part Lots 6 and 24 of Block 4 of
TRICLVS CROSSING as shown in Book 90 of Plats at Page 10615, and also being part of
Lots 13 and 24 of Block 7 of TRICIAS SUBDIVISIONNO. 3as shown in Book 85 of Plats
at Page 9468 in the office of the Recorder, Ada County, Idaho, more particularly
described as follows:
BEGINNING at the southerly corner of said Lot 6;
Thence N 55°18'15" E along the southeasterly boundary of said Lot 6 a distance of
151.77 feet to the easterly corner of said Lot 6;
Thence leaving said Lot 6 N 55°16'04" E a distance of 30.00 feet to the southerly corner
of said Lot 13;
Thence N 71°18'25" E along the southeasterly boundary of said Lot 13 a distance of
131.46 feet to the easterly corner of said Lot 13, said point also being on the right-of-way
of Crossridge Court;
Thence along said right-of-way a distance of 20.57 feet along the are of a 50.00 foot
radius curve right, said curve having a central angle of 23"34'10" and a long chord
bearing N 7°00' 15" W a distance of 20.42 feet to a point;
Thence leaving said right-of-way S 71118'25" W a distance of 141.33 feet to a point on
the southwesterly boundary of said Lot 13;
Thence leaving said southwesterly boundary S 53°43'42" W a distance of 30.01 feet to a
point on the northeasterly boundary of said Lot 6;
Thence S 55°18'15" W a distance of 153.80 feet to a point on the northeasterly right-of-
way of Tricia Way;
Thence S 40°29'22" E along said right-of-way a distance of 20.10 feet to the POINT OF
BEGINNING.
This parcel contains 0.15 acres and is subject to any other easements existing or in use.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
May 17, 2007
SKETCH TO ACCOMPANY DESCRIPTION FOR SEWER
LIFT STATION AND FORCE MAIN EASEMENT
FOR THE CITY OF MERIDIAN, ADA COUNTY, IDAHO.
BLOCK 7
TRIM'S SUBOMS/ON NO. 3
9A
0
BLOCK 4
TRIC14'S CROSS/NG
� P�0
%%05PIko
Np-
POINT OF 5
y�y BEG/NN/NG
LINE DATA
LINE BEARING DISTANCE
L-1 I N 55'16'04 " E 1 30.00'
L-2 1 5 53'43 42 " W I Mol,
12
13
CROSSRIDGE
/ 1, •3i v COURT
71,
E MAIN FASEMEN E 131-46'
31 46
FOR N 71,13
n
14
CURVE DATA
CURVE DELTA RADIUS ARC TANGENT CHORD CHORD BRNG.
C-1 23'34' 1 0"—1 50.00 1 20.57 10.43 20.42 1 N 7'00'15" W
15
BOUNDARY DESCRIPTION
OF
SEWER LIFT STATION EASEMENT
FOR
THE CITY OF MERIDIAN, ADA COUNTY, IDAHO
An easement for sanitary sewer purposes located in the NE % of Section 4, Township 3
North, Range 1 West, Boise Meridian, and being part of Lots 6 of Block 4 of TRICM S
CROSSING as shown in Book 90 of Plats at Page 10615 in the office of the Recorder,
Ada County, Idaho, more particularly described as follows:
BEGINNING at the southerly corner of said Lot 6;
Thence N 55'18'15" E along the southeasterly boundary of said Lot 6 a distance of 32.16
feet to a point;
Thence leaving said southeasterly boundary N 40°29'22" W a distance of 48.00 feet to a
point;
Thence S 49°30'38" W a distance of 26.66 feet to a point on the westerly boundary of
said Lot 6;
Thence S 0°12'36" W along said westerly boundary a distance of 8.20 feet to a point on
the northeasterly right-of-way of Tricia Way;
Thence leaving said westerly boundary S 40°29'22" E a distance of 38.54 feet to the
POINT OF BEGINNING.
This parcel contains 0.034 acres and is subject to any other easements existing or in use.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
May 31, 2007
•
November 21, 2007
MERIDIAN CITY COUNCIL MEETING
APPLICANT
REQUEST Task Order 0730 with Civil S
Water Main Improvements Design for an Amount not to exceed
•
November 27, 2007
ITEM NO. 5-F
Consultants, Inc. for Bower Street
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: _ �J
CITY PARKS DEPT: 1!`�
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.
TASK ORDER NO. 0730
CITY OF MERIDIAN (OWNER)
AND
CIVIL SURVEY CONSULTANTS INC. (ENGINEER)
This Task Order is issued by Owner and accepted by the Engineer pursuant to
the mutual promises, covenants and conditions contained in the Agreement
between the above named parties dated November 8, 2006.
CITY OF MERIDIAN
BOWER STREET
WATER MAIN IMPROVEMENTS
PURPOSE
The Engineer's scope of services, time of completion and compensation shall be as set
forth herein. Services shall generally be described as Engineering Consulting Services.
TASK 0730 — Design and Construction
Per the City's request, the Engineer will provide professional engineering services
related to the construction of approximately 700 lineal feet of 10"0 potable water main in
Bower Street west of Meridian Road. The existing 8"0 potable water main will be
abandoned and all existing services will be converted over to the new main.
The engineer proposes to provide the following under this scope of services:
1. Perform a field survey as necessary and prepare complete plans and
specifications for construction.
2. A water main flush line will be constructed at the west end of Bower
Street at Nine Mile Creek as part of this project. All approvals and
easements for the flush station will be obtained as part of the 2008 Water
System Flush Lines project.
3. The construction plans and specifications will be submitted to the Idaho
Department of Environmental Quality, and the Ada County Highway
District for their review and approval.
4. Assist the City of Meridian in advertising the project for bids, be available
to answer questions during the pre bid period, attend the bid opening, and
assist in the award of the contract.
5. Be available to answer questions during construction and provide one set
of construction stakes for the water line.
6. Perform field surveys of as constructed improvements and prepare record
drawings as per the City of Meridian Acceptance of Record/Electronic
Drawings dated February 7, 2007.
INFORMATION PROVIDED BY OWNER
The following information will be provided by the owner.
1. All construction contracting, administration, and inspection.
2. Red -lined plans showing any changes made during construction for use
in preparing record drawings.
3. Assist the engineer in obtaining an easement from Plum Creek Northwest
Lumber for construction of the flush station.
TIME OF COMPLETION
Engineering services will be completed as needed.
COMPENSATION
The Not -To -Exceed amount for this Task Order No. 0730 is Eight Thousand Three
Hundred Twenty dollars ($8,320.00). The hourly rate for services and direct expenses is
per the previously approved Prevailing Fee Schedule Effective October 1, 2006, and by
this reference made a part hereof.
CITY OF MERIDIAN
BY:
TAMMY de WfEERD,
MAYOR
Attest:
WILLIAM G. BERG, JR.,
Approved by City Council
ENGINEER
BY:
- - I ;_ ;, o 0
TIMO I -Y A.-IBURIOESS,
VICE PRESIDENT
,ITY CLERK
a
°°04rorrt 11111o'�
(Date)
•
a
Nov "� zu y
vl�y (-)a i�Aefldlax
Memo
To: Will Berg; Tara Green
From: Kyle Radek /"
CC: File
Date: 11/21/07
Re: Proposed Agenda Item for November 27, 2007 City Council Meeting
The Public Works Department respectfully requests the following item be placed on the
November 27, 2007 City Council agenda, under Consent Agenda, for Council's
consideration:
Task Order 0730 with Civil Survey Consultants _ Inc. for Bower Street Water Main
Improvements, Design
Recommended Council Action: The Public Works Department recommends
that City Council approves Task Order 0730 with Civil Survey Consultants, Inc.
for Bower Street Water Main Improvements, Design for an amount not to
exceed $8,320 and authorizes the Mayor to sign it.
Thank you for your consideration. Please contact me if you have any questions regarding
this item.
0 Page 1
•
TASK ORDER NO. 0730
CITY OF MERIDIAN (OWNER)
AND
CIVIL SURVEY CONSULTANTS INC. (ENGINEER)
This Task Order is issued by Owner and accepted by the Engineer pursuant to
the mutual promises, covenants and conditions contained in the Agreement
between the above named parties dated November 8, 2006.
CITY OF MERIDIAN
BOWER STREET
WATER MAIN IMPROVEMENTS
PURPOSE
The Engineer's scope of services, time of completion and compensation shall be as set
forth herein. Services shall generally be described as Engineering Consulting Services.
TASK 0730 — Design and Construction
Per the City's request, the Engineer will provide professional engineering services
related to the construction of approximately 700 lineal feet of 10"0 potable water main in
Bower Street west of Meridian Road. The existing 8"0 potable water main will be
abandoned and all existing services will be converted over to the new main.
The engineer proposes to provide the following under this scope of services:
1. Perform a field survey as necessary and prepare complete plans and
specifications for construction.
2. A water main flush line will be constructed at the west end of Bower
Street at Nine Mile Creek as part of this project. All approvals and
easements for the flush station will be obtained as part of the 2008 Water
System Flush Lines project.
3. The construction plans and specifications will be submitted to the Idaho
Department of Environmental Quality, and the Ada County Highway
District for their review and approval.
4. Assist the City of Meridian in advertising the project for bids, be available
to answer questions during the pre bid period, attend the bid opening, and
assist in the award of the contract.
5. Be available to answer questions during construction and provide one set
of construction stakes for the water line.
6. Perform field surveys of as constructed improvements and prepare record
drawings as per the City of Meridian Acceptance of Record/Electronic
Drawings dated February 7, 2007.
0
INFORMATION PROVIDED BY OWNER
The following information will be provided by the owner.
1. All construction contracting, administration, and inspection.
2. Red -lined plans showing any changes made during construction for use
in preparing record drawings.
3. Assist the engineer in obtaining an easement from Plum Creek Northwest
Lumber for construction of the flush station.
TIME OF COMPLETION
Engineering services will be completed as needed.
COMPENSATION
The Not -To -Exceed amount for this Task Order No. 0730 is Eight Thousand Three
Hundred Twenty dollars ($8,320.00). The hourly rate for services and direct expenses is
per the previously approved Prevailing Fee Schedule Effective October 1, 2006, and by
this reference made a part hereof.
CITY OF MERIDIAN
TAMMY de WEERD,
MAYOR
Attest:
WILLIAM G. BERG, JR., CITY CLERK
Approved by City Council:
(Date)
ENGINEER
BY: za
Y__' - Z_ ; - - - __X
TIMOTHY A. BUR ESS,
VICE PRESIDENT
•
November 21, 2007
MERIDIAN CITY COUNCIL MEETING
0
November 27, 2007
APPLICANT ITEM NO. 5-G
REQUEST Task Order 2 Agreement for Professional Services with Hydro Logic for
Engineering Consulting Services Regarding Municipal Water Supply Well Eval and
Rehabilitation for a Cost Not to Exceed $25,000
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: ® 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: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
TASK ORDER NO.2 0-Z7(p
CITY OF M (OWNER)
AND
HYDRO. LOGIC, INC. YD OGEOL, I
This Task Order is issued by Owner and accepted by the Hyd rogeologist pursuant ant to
the mutual promises„ covenants and condifflons contained in the Agreement behveen
the above named parOes dated January 9.2007.
CITYOF MERIDIAN
MUNICIPAL WATER SUPPLY WELL EVALUATION ANDIU°i AT]ON
PURPOSE
The H Bat's scopeof services, tante of completion and *ornpemtion sharp be
as suit forth hersirA. Smims aWl generalty be desefted as Enghteeting.Consufting
Services per the Consullanrs proposal dated November 19, 2007.
TASK 1.1 — Com' WATER WELL EVALUA71ONSi AND REHABIUTATIONS
Per the C' 's request, Hydrogeologist vAn evaluate, design, and inert, mmnstrucrive
m;a Menan on oxlsttng City municipal varier supply weft, The investigatory
evskations would consWer Boot 1c, hydrogeologic, geacharnical, and H ction
data pTkr to developmerA of tedmIcal memorandums of observations, oondusions. and
recommendations for any give ni well. Tho reconstructive t deign, oversight and
documentation wouW Inde wa* tasks such as re -development of !'
completion intervals, installation of plugs anter Owre insido well a iar¢9s, POFfambon
mor pr urejrouting of older wells, pump-tesfing and water qualitysampUrng.
In addition to regulatory srbrnMalsn individual task completion reports vW11 be developed
as needed anftr requested by tis City -
The Omerw ill pnovWe all, available ila'ble information ricmessary to condud the evwuations
and develop submittals.
drogergogist will peftm ftld mays for eva t uetiMW vQ_1 saw as the limn
betacen the dating contractor arW ft City to obtain cost estimates ftm conftaors and
to develop contractual agreemwft and technical specifications f'or ft work,
Hydrogeologist vein dtvc9®p any necesswy change orders to the work and keep the -City
regularly plated with respect to the work. Hydrogedogist Wil also serve as inspedor
for the City wftb respect to the none€ including review of contrador invoices Brod.
don loping ar=bu l i record dramings.
Hydm9ealogist will follow through w1M r aata ry agenzies to of re and ll work
closely with the Q y's Public Worlt a Department.
TIME OF COMPLETION
ti ,,.
'U'l FIE1,74 F —'ll for: 0, 11 f;-'= (—_Ti
COMPENSATION
Ino Not-To-Excewl arnount for this, Task ter No. 2 is bwenty4va bhouq-and AnAgi
($26,000.00), ire hoWyr rate fbr services WW &t exPwms is aftw*wd (Prevailing
Fee Schedule Ewe sober 1, 2007) and by this relmm= made a part hem.
CrTY OF MERIDIAN
BY,TA M M Y d �q E R -DM A Y 0 R
4�v ed,ol� 6o� eo
A
I
I'm', f ip :, 9 -al
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t�
`fey! `0 .� C'a&i+:e4dti�aflAB.�
ED, SOUtRg-ES, HYDRW06LOGIC. INC.
7
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21
1002 W. Fa-.uj�rin�4--p W, F?Ii Vii? � � - �_,� � - �_
_ �� �',�.��� ��� �_ �.�. �I �:�;'ti 3� . �9 ra�b� li:%�
ydre La e. Inc. Rate Schedule 7
A
Ed, t1 qui
MarkUttingPjro:lc$
HY&OSC st
Loren P
Gpopf ysi6st Acct Manager
Kurt NleEar.
Hy1q,
jannetic young,
Geologist
Mil ,c bilged at $ O."Imile
Dovm hole cwncm snrvcy base cage = S 850
Minimum gropbysicW logging charge — S 1,1500
NIOWile, gpophysies uWt madby time - S 2ola`l ou r
I IsAhowf
S�%J olr
S 85ibaur
S 4'S&otw
*EdSquh-Cs = ExPat witness in ll c is = $175ft.
Bii fOr HY VaCI4 >fw, will t xinfixe for 2007
L-7
Memo
To: Will Berg; Tara Green
From: Kyle Radek, P.E., Staff Engineer
CC: File, Len Grady, Keith Watts
0
Date: 11/21/07
Re: Proposed Agenda Item for November 27, 2007 City Council Meeting
The Public Works Department respectfully requests the following item be placed on the
November 27 City Council agenda, under Consent Agenda, for Council's consideration:
Task Order 2. Agreement for Professional Services with Hydro Logic for Engineering
Consulting Seances regarding Municipal Water Supply Well Evaluation and Rehabilitation
Recommended Council Action: The Public Works Department recommends that City
Council approves Task Order 1, Agreement for Professional Services with Hydro
Logic for Engineering Consulting Services regarding Municipal Supply Well
Evaluation and Rehabilitation for a cost not to exceed $25,000 and authorizes the
Mayor to sign it.
Thank you for your consideration. Please contact me if you have any questions regarding
this item.
0 Page 1
46 i
TASK ORDER NO.2
CITY OF MERIDIAN (OWNER)
AND
HYDRO LOGIC, INC. (HYDROGEOLOGIST)
This Task Order is issued by Owner and accepted by the Hydrogeologist pursuant to
the mutual promises, covenants and conditions contained in the Agreement between
the above named parties dated January 9, 2007.
CITY OF MERIDIAN
MUNICIPAL WATER SUPPLY WELL EVALUATION AND REHABILITATION
PURPOSE
The Hydrogeologisfs scope of services, time of completion and compensation shall be
as set forth herein. Services shall generally be described as Engineering Consulting
Services per the Consultant's proposal dated November 19, 2007.
TASK 1.1 — CITY WATER WELL EVALUATIONS AND REHABILITATIONS
Per the City's request, Hydrogeologist will evaluate, design, and inspect reconstructive
maintenance on existing City municipal water supply wells. The investigatory
evaluations would consider geologic, hydrogeologic, geochemical, and well -construction
data prior to development of technical memorandums of observations, conclusions, and
recommendations for any given well. The reconstructive design, oversight, and
documentation would include work tasks such as re -development of well screen
completion intervals, installation of plugs and/or liners inside well casings, perforation
and/or pressure -grouting of older wells, pump -testing and water quality sampling.
In addition to regulatory submittals, individual task completion reports will be developed
as needed and/or requested by the City.
The Owner will provide all available information necessary to conduct the evaluations
and develop submittals.
Hydrogeologist will perform field surveys for evaluations and will serve as the liaison
between the drilling contractor and the City to obtain cost estimates from contractors and
to develop contractual agreements and technical specifications for the work.
Hydrogeologist will develop any necessary change orders to the work and keep the City
regularly updated with respect to the work. Hydrogeologist will also serve as inspector
for the City with respect to the work including review of contractor invoices and
developing as -built record drawings.
Hydrogeologist will follow through with regulatory agencies to closure and will work
closely with the City's Public Works Department.
TIME OF COMPLETION
Hydrogeologic services will be completed on an as needed basis and time of completion
will be set as services are requested.
COMPENSATION
The Not -To -Exceed amount for this Task Order No. 2 is twenty-five thousand dollars
($25,000.00). The hourly rate for services and direct expenses is attached (Prevailing
Fee Schedule Effective October 1, 2007) and by this reference made a part hereof.
CITY OF MERIDIAN
M
TAMMY de WEERD, MAYOR
Attest:
WILLIAM G. BERG, JR., CITY CLERK
HYDROGEOLOGIST
ED SQUIRES, HYDRO LOGIC, INC.
November 21, 2007
MERIDIAN CITY COUNCIL MEETING November 27, 2007
APPLICANT ITEM NO. S -H
REQUEST Streetlight Agreement for Zebulon Heights No. 2 by Traditions by
Amyx II
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: of
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.
OUNT .00 5 `
AOA COUNTY RECORQEV
.OAVlO NAVARRO -- -
DEPUTY Oani lle louleOe PM
j RsOROEQ-REQUEST OF 107161975
I Citi 01 Meridian
STREET LIGHT AGREEMENT
This Street Light Agreement is made and entered into between the CITY OF MERIDIAN
and Traditions by Amyx II pertaining to the street lights in Zebulon Heights Subdivision # 2, a
residential development in Meridian, Idaho.
For good and valuable consideration, the receipt of which is hereby acknowledged, the
parties agree as follows:
1. Traditions by Amyx II, has provided 12ea. Single head street light poles, concrete pole
bases, fixtures, bulbs, and components to the residential development known as Zebulon
Heights Subdivision # 2, in Meridian, Idaho. The parties acknowledge that the 12ea.
Sin a head.street light poles and appurtenances were specially ordered items, not
customarily used in residential developments in Meridian, Idaho.
2. Traditions by Amyx II, or it's assigns, agree to replace, repair and provide any required
maintenance of any of the above mentioned street lights, and/or appurtenances thereof,
that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its
own expense, and it is further agreed that Traditions by Amyx 11, or its heirs, successors
and assigns, shall keep the lights operational at all times, it being understood by the City
that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to
replace them.
3. It is agreed that the City of Meridian authorize and pay for the electrical service to be
supplied to the 12ea. Single head street lights located in Zebulon Heights Subdivision #2,
in the usual and customary manner.
4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain
the bulbs and ballast or provide any maintenance, will enter into a Schedule 40
Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in
proper cases provide that Idaho Power Company would provide maintenance, bulbs, and
ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be
controlled by a photo electric device of the "fail off' type.
5. It is understood and agreed that Traditions by Amyx II, will assign its rights and
obligations hereunder to when said Homeowners Association is formed and operational.
STREET LIGHT AGREEMENT Page 1
0
1
This AGREEMENT shall be binding on Traditions by Amyx II, its heirs, successors and
assigns, and the CITY OF MERIDIAN.
Dated this day of _\ ���..� , 2�•
CITY OF MERIDIAN, a .municipality and
Political subdivision of the State of Idaho
By
..�� /,f .. 9
Mayor, DeWeerd
ATTEST:
,,,,,,,►►►►►►,,,,,
\\e`� Of
Cid '3►
IAL
William G. Berg, Jr., City Clerk
- 7
Traditions by Amyx II
STREET LIGHT AGREEMENT
Page 2
STATE OF IDAHO, )
2
El
i
County of Adams )
On this`_ day of Note n bef , 200-1, bef ore me, the undersigned, a Notary
Public in and for said State, personally appeared Mayor DEWEERD and WILLIAM G. BERG,
JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who
executed the within instrument, and acknowledged to me that the City of Meridian executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
.• M. G•••
SEAL ;' ��O 9'��`:.2,; NOTARY PU13LI FOR IDAHO
RESIDING AT
MY COMMISSION
EXPIRES -i
STATE OF ••"In3�3'G
. ss.
County of ,)
On this & day of 52J4 2 20 0' , before me, the undersigned, a Notary Public
in and for said State, personally appeared , ��// and
K brown to me to be the Presid t�ecretary of
., and who executed the within instrument on behalf of said
corporation, and acknowledged to me that said corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written. Z'
p°,��1 TT 1 `r / t♦•♦'+,, NOT.
q0.•' RES]
dN`oTARy. MY(
\ M
PUBS e°
•
�'••.q Tr c. � l�P, o.
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AT
EXPIRES
Page 3
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Memo
To: Mayor De Weerd & City Council
From: Karie Glenn
CC: File
City of Meridian
Public Works Dept.
Date: 11/21/2007
Re: Proposed Agenda Items for 11/27/07 City Council Meeting
RECEIVED
NOV 212007
City Of Meridian
City Clerk Office
The Public Works Department respectfully requests that the following items be placed on the
11 /27/07 City Council agenda, on the Consent Agenda, for Council's consideration:
1) Streetlight Agreement for Zebulon Heights #2 by Traditions by Amyx II.
Typical Streetlight Agreement.
Recommended Council Action: Approve the Streedight Agreement for
Zebulon Heights #2 by Traditions by Amyx II and authorize the Mayor to sign
and City Clerk to attest.
Thank you for your consideration.
0 Page 1
•
STREET LIGHT AGREEMENT
•
This Street Light Agreement is made and entered into between the CITY OF MERIDIAN
and Traditions by Amyx R pertaining to the street lights in Zebulon Heights Subdivision # 2, a
residential development in Meridian, Idaho.
For good and valuable consideration, the receipt of which is hereby acknowledged, the
parties agree as follows:
1. Traditions by Amyx H, has provided I2ea. Single head street light poles, concrete pole
bases, fixtures, bulbs, and components to the residential development known as Zebulon
Heights Subdivision # 2, in Meridian, Idaho. The parties acknowledge that the
Sin a head street light poles and appurtenances were specially ordered items, not
customarily used in residential developments in Meridian, Idaho.
2. Traditions by Amyx II, or it's assigns, agree to replace, repair and provide any required
maintenance of any of the above mentioned street lights, and/or appurtenances thereof,
that may hewz&r be broken, damaged, or deteriorated, or require maintenance, at its
own expense; and it is further agreed that Traditions by Amyx II, or its heirs, successors
and assigns, shall keep the lights operational at all times, it being understood by the City
that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to
replace them.
3. It is agreed that the City of Meridian authorize and pay for the electrical service to be
supplied to the 12ea. Singh head street lights located in Zebulon Heights Subdivision #2,
in the usual and customary manner.
4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain
the bulbs and ballast or provide any maintenance, will enter into a Schedule 40
Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in
proper cases provide that Idaho Power Company would provide maintenance, bulbs, and
ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be
controlled by a photo electric device of the "fail off' type.
5. It is understood and agreed that Traditions by Amyx II, will assign its rights and
obligations hereunder to when said Homeowners Association is formed and operational.
STREET LIGHT AGREEMENT Page I
ft 0
This AGREEMENT shall be binding on Traditions by Amyx II, its heirs, successors and
assigns, and the CITY OF MERIDIAN:
Dated this day of _ 20
ATTEST:
William G. Berg, Jr., City Clerk
CITY OF MERIDIAN, a municipality and
Political subdivision of the State of Idaho
U-75
Mayor, DeWeerd
Traditions by Amyx II
STREET LIGHT AGREEMENT Page 2
STATE OF IDAHO, )
. ss.
County of Ada, }
On this _ day of _ . 20 , before me, the undersigned, a Notary
Public in and for said State, personally appeared Mayor DEWEERD and WILLIAM G. BERG,
JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who
executed the within instrument, and acknowledged to me that the City of Meridian executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
SEALER
NOTARY PUBLIC FOR IDAHO
RESIDING AT
MY COMMISSION EXPIRES
STATE OF ,)
. ss.
County of ,}
On this [ day of . 20�, before me, the undersigned, a Notary Public
in am for said State, personally appearedand
K known to me to be-tthe �PPresidfit" and Secretary of
., and who executed the within instrument on behalf of said
corporation, and acknowledged to me that said corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
STREET LIGHT AGREEMENT
Page 3
0 ! _
•
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November 21, 2007
Department Reports
MERIDIAN CITY COUNCIL MEETING November 27, 2007
APPLICANT Parks Department ITEM NO. 6-A-1
REQUEST Park Development, Park Impact Fee Reimbursement and Real Property
Conveyance Agreement with the City of Meridian and Tuscany Development, Inc.
for Messina Meadows Park
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY See attached
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
Al* COUNTY RECORDER J. DAVID NAVARRO •ANT .00 17
BOISE IDAHO 12166107 01:36 PM
DEPUTY Danielle Boulette ILI IIIIIIIIIIIIIIII111IIIIIIIIIIII III
RECORDED -REQUEST OF 107161976
City of Meridian
PARK DEVELOPMENT, PARK IMPACT FEE REIMBURSEMENT, AND REAL -
PROPERTY CONVEYANCE AGREEMENT
Parties: City of Meridian
Tuscany Development, Inc.
This Agreement is entered into this 00th day of N0jy nr-) IbP-+- , 2007, by
and between the City of Meridian, a municipal corporation of the State of Idaho, whose address
is 33 East Idaho Street, Meridian, Idaho 83642, hereinafter referred to as "City", and the
Developer of the Messina Meadows 1 Subdivision, Tuscany Development, Inc., whose address is
P.O. Box 344 Meridian, Idaho 83680, hereinafter referred to as "Developer".
WHEREAS, the City, pursuant to §10=7-9, Meridian City Code, and §§67-8207 and
8209, Idaho Code, has the authority to enter into agreements with developers for the construction
of system improvements when the same are to be paid by development impact fees, including
park and recreation facilities; and
WHEREAS, the Developer is entitled to receive impact fee credit or reimbursement for
the present value of any construction of system improvements of the category for which the
development impact fee is being,collected; and
WHEREAS, the Developer has agreed to donate the park acreage, provide the
construction, installation and inspection of the improvements necessary to construct the park
Project strictly adhering to City specifications, a portion of which will be donated and a portion
of which will be reimbursed by City at a fixed price as set forth in this Agreement, the benefit to
the Developer being completion .of the design and construction of the Park Project at a date
earlier than would be possible if'the City were to undertake such design and construction, and the
benefits to the City being the completion of construction of the Project at substantially less cost
and expense, resulting in a savings to the citizens and residents of Meridian, and the obtaining of
a park for the use and enjoyment of the citizens and residents of Meridian at a date earlier than
would otherwise be possible, wNch benefits to the City are determined substantial and in the best
interests of the City, and its citizens and residents; and
WHEREAS, the approved subdivision plat includes a neighborhood park; and
PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT
PAGE 1 OF 21
a
•
WHEREAS, the City agrees that the use of the park impact fees for a portion of the
improvements identified herein will help the City achieve its goal of increasing inventory of
neighborhood parks.
NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,
the Developer and the City do hereby agree as follows:
1. As used in this Agreement, the following words have the meanings herein stated:
1.1 CITY shall mean the City of Meridian acting through its Parks and Recreation
Department.
1.2 PROJECT REPRESENTATIVE shall mean the person appointed by the City to
act on its behalf as to matters indicated under this Agreement. The appropriate
Project Representative during the Design and Construction Phases is the Parks
Director or designee. The City may employ an additional outside consultant to
act with and on behalf of the City as an inspector.
1.3 DEVELOPER shall mean Tuscany Development Inc, whose address is P.O. Box
344 Meridian, Idaho 83680, the Developer of the Messina Meadows 1
Subdivision.
1.4 THE DESIGN ENGINEER shall mean the firm of Briggs Engineering Inc, 1800
W Overland Rd Boise, Idaho 83705, and will not be changed without the prior
written consent of the City.
1.5 PROJECT shall mean the design and construction of Lot 1 Block 7, consisting of
approximately 5.56 acres, the City and as recommended by the Board of Park and
Recreation Commissioners and as approved by the Meridian City Council as
condition of approval ##35 of FP -05-019.
1.6 PROGRAM DOCUMENT shall mean all of the requirements and minimum
quality standards applicable to the Project outlined by the City in its Standard
Pians, Details and Specifications. The Developer warrants that it's Design
Development Documents and its complete design and construction of the Project
does and will fully, satisfy or exceed the requirements of the Program Documents
in providing fully functional facilities, unless indicated otherwise in the approved
Design Development Documents. If quality levels are not stated in the Program
Document, it shall remain at the same level of quality and workmanship
established for the rest of the Project.
1.7 WORK shall mean all labor, equipment, materials and services necessary or
appropriate to design and construct the Project.
1.8 CONSTRUCTION DOCUMENTS shall mean the completed and fully detailed
drawings and specifications prepared by the Developer setting forth in detail the
PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT
PAGE 2 OF 21
requirements for construction of the Work. Upon review and acceptance of the
Construction Documents by the City, the same shall be incorporated into this
Agreement. The Construction Documents shall become the property of the City.
Construction Documents must comply with the Program Documents and the
Design Development Documents, or with deviations agreed to by the City.
1.9 THE CONTRACT DOCUMENTS shall mean this Agreement, and any other
modifications authorized by Change Order issued pursuant to this Agreement.
The Developer shall be responsible for the professional quality, technical
accuracy and the coordination of all designs, drawings, specifications, and other
services furnished under this Agreement. The Developer shall, without additional
compensation, correct or revise any errors or deficiencies in its designs, drawings,
specifications, and other services. In the event of any inconsistencies among the
Contract Documents, the documents will first be interpreted as a reasonable whole
to assure that the goal of a functional facility is achieved. Should the
inconsistency still exist then, the documents will be interpreted as follows: The
Construction Documents, the Design Development Documents and then the
Program Documents.
2. TRANSFER OF TITLE:
2.1 In order for Developer to comply with site specific condition of approval #35 of
FP -05-019, Developer agrees to transfer title to the park parcel legally described
as Lot 1, Block 7 of Messina Meadows. Title of Developer is to be conveyed by
statutory warranty deed in substantial conformance with the sample deed,
attached hereto as Exhibit A and incorporated herein by this reference, and is to
be marketable and insurable except for rights reserved in federal patents, building
or use restriction; building and zoning regulations and ordinances of any
governmental unit, rights of way and easements established or of record, any
other liens, encumbrances or defects approved by City.
2.2 On December 29; 2006 at 4:18 p.m., Developer recorded a deed gifting the park
parcel to City (Lot 1, Block 7), along with two other parcels (Lot 11, Block 9 and
Lot 13, Block 7) that were not anticipated to be in City ownership pursuant to site
specific condition of approval #35 of FP -05-019. Furthermore, at the time of the
recording of the Gift Deed to City, each of these three lots was already in the
ownership of the Messina Meadows Homeowner's Association pursuant to Plat
Note No. 9, filed with the County Recorder on December 29, 2006 at 11:06 a.m.
The gift deed did.,not contain an acknowledgement by City agreeing to the terms
of the conveyance. In order to correct the defects contained in the December 29,
2006 Gift Deed, and without affecting City's title to Lot 1, Block 7, Developer
agrees to record a Correction Deed or other legal mechanism with the result that
the land records of Ada County, Idaho will reflect that only Lot 1, Block 7 has
been conveyed to City. Upon satisfaction of this condition, City agrees to execute
and attest an acknowledgement of the terms of the deed restrictions. Developer
also agrees perfect City's ownership of Lot 1 Block 7 by means acceptable to the
PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT
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Title Company inyorder to clear up any cloud on the title created by including this
lot in Plat Note #9.
2.3 TITLE COMPANY. The parties agree that Lawyers Title Company 6223 N
Discovery Way, Suite 200 Boise, Idaho 83713 shall provide any required title
policy and preliminary report of commitment.
2.4. TITLE INSURANCE. The City intends to purchase, at City's expense, a standard
Owner's Title Policy premium in this transaction. The Title Company is to provide
all parties to this Agreement with a preliminary Title Report on as soon as possible
after the execution of this agreement. The City shall have 14 days to object in
writing to the condition of the title as set forth in the report, unless said time period
is extended pursuant to this agreement. In the event the City makes written
objection to the title, Developer shall have a reasonable time, not to exceed 14
days, to cure any defects of title or provide affirmative title insurance coverage.
The final Title Insurance policy shall be delivered to the City by the Title
Company as soon as possible after recording of the Correction Deed.
3. DEVELOPER AGREES TO THE FOLLOWING RESPONSIBILITIES:
3.1 DEVELOPER PROVIDED IMPROVEMENTS. At no cost to City, Developer
shall construct the following park improvements to the City's park specifications
and design. The Developer provided Improvements have a stated valuation of
One Million Four Hundred Fifty Two Thousand Ninety Three Dollars and Three
Cents ($1,452,093.03):
a. Site grading (rough and final grade).
b. Install pressurized Irrigation System, including, connection to pressure
irrigation pump station.
C. Hydro -seeding or drill seeding
d. Tree planting,
e. Construct the. concrete and asphalt walkways (including the ten- (10) foot
wide multi -use pathway through and along the site and the micro -paths
which enter into the park.
f. Install open -vision fencing along the West side of the park.
g. Provide sewer and water service to the park, including water, sewer, and
other utility stubs to the restroom site (electrical and phone) to the
restroom and shelter facility.
h. Prepare sub base for playground and install sidewalk and curb surrounding
play area.
3.2 ADDITIONAL IMPROVEMENTS TO BE CONSTRUCTED BY DEVELOPER
AND REIMBURSED BY CITY. Developer shall construct the following
additional improvements, for which Developer shall be reimbursed by City from
its impact fee account in the total amount of One Hundred Eighty Six Thousand,
Four Hundred Dollars and Eighty Eight Cents ($186,402.88).
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a. Restrooms
b. Playground equipment and installation
C. Basketball court to include flatwork and standards
d. Parking Lot
e. Swing Set. and installation
f. Maxicom Controller and installation.
3.3 Developer shall provide City with an invoice for reimbursement in the amount set
forth in Section 3:2 which shall be paid within thirty (30) days of City's
acceptance of the park and all improvements. All of the conditions of the
Agreement shall be complied with by the Developer before Developer or his
successors may receive a reimbursement under this section of the Agreement.
Failure to comply with conditions within the time frame established in the
conditions or the terms of this Agreement shall result in a default of this
Agreement by the Developer.
3.4 The system improvements shall be installed and constructed as shown on the
plans, details and specifications which are in accordance with City's adopted
Master Plan and City's standard plans, details and specifications (Contract
Documents), as per the 'Technical Specifications for the Park, submitted by The
Land Group. These Contract Documents shall be approved by the Director and
other applicable government agencies prior to development.
3.5 The Developer shall secure and pay for all necessary approvals and other charges
required for or incurred for the design and/or construction of the Project and to
permit the City's initial use or occupancy of Project, except the City shall pay the
plan check fee of the Meridian City Building Department.
3.6 The Developer shall provide all construction supervision, inspection, labor,
materials, tools, equipment and all other Work necessary for the execution and
completion of the Project.
3.7 The Developer shall substantially complete all Work on the Project no later than
the Standard Completion date of July 16, 2007. The Developer shall furnish to
the City the schedules and scheduling service.
3.8 The Developer shall at all times keep all areas where work is being performed or
materials stored, and surrounding areas, free from the accumulation of waste
materials or rubbish caused by his operations. Upon completion of the Work or
any portions thereof accepted by City for partial occupancies, the Developer shall
remove all waste and rubbish and all construction tools, equipment, machinery
and surplus materials from such areas.
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3.9 The Developer shall indemnify, defend and hold harmless the City from any fines,
costs, and assessments and/or actions imposed or asserted for failure to comply
with any safety or health regulations or other laws.
3.10 The City may use the Proposal Documents, the Design Development Documents
and the Construction Documents and modifications thereof for any remodel
renovation, addition or repair of the Project or any part thereof
3.11 The Developer warrants to the City that all materials and equipment furnished
under this Agreement will be new; that all Work will be of good quality, free from
improper workmanship and defect, and, further, that the materials and equipment
used in construction shall be free from all defects and will be constructed and
installed in accordance with the Contract Documents. The Developer shall
correct any work that fails to conform to the requirements of the Contract
Documents where such failure to conform appears during the progress of the
Work, and shall remedy any defects due to faulty materials,. equipment or
workmanship which appear within a period of one year from the Substantial
Completion Date, The provisions of this Agreement apply to work performed by
the Developer, subcontractors, consultants, and supplies. All corrections shall be
made at no additional cost and at no increase in the contract price. With respect
to latent defects not reasonably discoverable within such one year period of time,
such defects shall be corrected by Developer upon written request given within
one year from the actual date of discovery of such defect, except that Developer
shall not be required to correct latent defects first discovered later than five (5)
years from the Substantial Completion Date. The foregoing warranties are in
addition to and not a limitation of. a) all other rights and remedies available at law
and equity including any specific additional warranties contained elsewhere in the
Contract Documents, b) such warranties as may be available from manufacturers
of equipment, suppliers of materials or other third -parties, c) Developer's
obligation to complete all Work in strict accordance with the Contract
Documents, and d) City's other remedies.
3.12 The Developer will secure and submit certificates of all inspection, testing or
approvals to the Project Representative.
3.13 The Developer will collect and submit to the City all manufacturer's warranties
and all other documents relating to materials and facilities otherwise required by
the Contract Documents.
3.14 The Developer shall be liable to the City for all costs and damages resulting from
any defect in materials or workmanship. Any warranties provided by the
Developer and of third parties are for the benefit of the City. Developer will be
obligated and responsible to City to the full extent of any warranties provided by
subcontractors, suppliers, manufacturers or others.
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3.15 Developer shall provide such insurance as is required in the section of this
agreement titled: INSURANCE, INDEMNITY AND WAIVER OF
SUBROGATION.
3.16 Developer shall provide engineering and architectural design and management
services as necessary to complete the Project. Developer shall prepare and
furnish Construction Documents (or "As Built" documents) of the Project in
accordance with the Design Development Documents, all applicable building
codes in effect at the time of this Contract execution. All design, engineering,
architectural, or other professional services which are a part of the Work shall be
performed by duly licensed professionals, skilled and experienced in this type of
project.
4. CITY AGREES TO THE FOLLOWING RESPONSIBILITIES:
4.1 The City shall provide specifications for the ten (10) foot wide multi -use pathway
for the portion that goes through the park.
4.2 The City shall provide specifications for the pressurized irrigation system.
4.3 The City shall provide specifications for the park's pressurized irrigation pump
station that is to be co -located with the subdivision PUIS pump station.
4.4 The City shall specify the location of the sewer and water stubs to the park.
4.5 The City shall specify the location of other utilities for the park.
4.6 The City shall provide specifications for the PUIS design for the park.
4.7 The City shall designate in writing a Project Representative who shall be
acquainted with the Project and who shall act on behalf of the City with respect to
the Project, subject to the limitations upon such authority contained in this
Agreement.
4.8 If the City becomes aware of any fault or defect in the Project or non-
conformance with the Contract Documents, the City shall give prompt written
notice to the Developer. This does not relieve the Developer of its responsibility
of conforming to the Contract Documents.
4.9 The City shall secure and pay for all necessary approvals, easements,
assessments and charges required for use, or occupancy of the facilities,
including any plan check fee required by the Meridian City Building
Department.
5. SUBCONTRACTORS
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5.1 All Work not performed with the Developer's own forces shall be performed
under written subcontracts. The Developer shall submit to the City, a list of the
names and addresses of all subcontractors, suppliers, and consultants. The
Developer shall complete Form WH -5 as required by the State Tax Commission.
5.2 No contract or agreement, express or implied, shall be deemed to exist between
the City and any subcontractor, supplier, consultant or other person acting on
behalf of the Developer. Developer shall be responsible for the control and
direction of all subcontractors, supplies, and other persons participating in the
construction of the Project and shall be responsible to the City for their acts and
omissions, and their failure to perform the Work in strict accordance with the
Contract Documents. The Developer shall be responsible for the payment of all
subcontractors, supplies and other third parties participating in the construction of
the Work and shall indemnity, defend, and hold the City harmless from any claim,
liability, cause of action, or suit relating to or arising out of the acts of such person
or failure to make payments due or allegedly due any of such persons.
6. CONTRACT TIME SCHEDULE
6.1 The Developer shall complete construction by July 31, 2007. Time extensions
may be granted hereunder by City in accordance with the provisions of this
Agreement. If a time extension is not granted, then in that event if the Developer
fails to commence or complete construction within the time periods herein stated,
the Developer shall be in default of this Agreement.
6.2 Completion of the Project shall mean the date determined by the Project
Representative and the Developer when construction is sufficiently complete in
accordance with the Construction Documents so that the City can fully occupy or
effectively utilize the facilities for its intended use. All warranties including the
five-year warranty provided herein shall commence from the Completion Date.
At the time of the City occupancy of the Project the City shall direct the Project
Representative to execute a certificate of Completion. The City may also direct
the Developer or the Project Representative to prepare a list of the items to be
completed or corrected with respect to the Project. The City shall not be
obligated to accept any portion of the Project until the entire Project is complete.
6.3 The Developer shall notify the City in writing when it believes it has achieved
Final Completion. The City shall promptly inspect the Work and, if the City
agrees that Final Completion has been achieved, the City shall so document this
agreement in writing. Final completion is to be achieved by the end of the 2005
calendar year unless modified by Change Order.
7. CHANGES IN THE PROJECT
7.1 Changes by the City: The City, without invalidating this Agreement, may order
changes within the general scope of the Project consisting of additions, deletions
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or other revisions. The Contract Price and the Completion Date shall be adjusted
accordingly. Changes in the Project may be authorized only by written Change
Order approved by the City.
7.2 Change Order is a written order to the Developer issued by the City after the
execution of this Agreement, authorizing a change in the Project or the
Completion Date.
7.3 The City will provide the Developer written authorization and direction to make
City requested Design Changes. Any City directed Additional Design Changes
will be paid by written Change Order.
7.4 Claims for Additional Cost or Time:
a. If the developer wishes to make a claim for an extension in the Completion
Date or in an instance where the Developer contends it was delayed by an act
or omission of.City it shall give the City written notice thereof within five (5)
calendar days after the occurrence of the event giving rise to such claim. This
notice shall be given by the Developer before proceeding to execute any Work
affected by the event giving rise to such a claim, except in an emergency
endangering life or property in which case the Developer shall act, at his
discretion, to prevent threatened damage; injury or loss.
b. If it is determined from the claim and notice submitted by the Developer that
the City has delayed the Developer, then the City will issue a Change Order
and an extension of time may be granted for the demonstrated period of time
lost which is directly attributable to the delay.
8. INSURANCE, INDEMNITY AND WAIVER OF SUBROGATION
8.1 Indemnity: The ,Developer shall indemnify, defend and hold harmless the City,
its agents, employees, representative, consultants and successors from and against
all claims, damages, costs, liabilities, judgments, legal fees, expenses, actions, and
suits for personal injury, death, and property damage, arising out of the Project,
the Work, or the acts or omissions of the Developer, subcontractors, suppliers,
agents, consultants, representatives and materialmen, including without limitation
the employees of each, caused by any negligent or wrongful act or omission of
any of such persons or by any failure to comply fully with any term or condition
of the Contract Documents or caused by, or arising out of the Work or any portion
thereof.
8.2 Property Insurance: The Developer shall purchase and maintain property
insurance upon the entire work at the site to the full insurable value thereof. This
insurance shall include the interests of the City, the Developer, subcontractors and
sub -subcontractors in the work and shall insure against the perils of fire and
extended coverage and shall include ,all risk' insurance for physical loss or
PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT
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damage. If the City is damaged by failure of the Developer to purchase or
maintain such insurance and to so notify the City, then the Developer shall bear
all reasonable costs properly attributable thereto. If not covered under the all risk
insurance or otherwise provided in the Contract Documents, the Developer shall
effect and maintain similar property insurance on portions of the work stored off
the site or in transit.
The Developer shall maintain insurance as deemed necessary by Developer to
protect the interests of himself, his subcontractors and the sub -subcontractors in
the work, including property, materials, equipment and tools.
If by the terms of this Insurance any mandatory deductibles are required, or if the
Developer should elect to increase the mandatory deductible amounts or purchase
this Insurance with voluntary deductible amounts, the Developer shall be
responsible for payment of the amount of the deductible in the event of paid
claim.
8.3 Liability Insurance: The following insurance shall be carried by the Developer.
a. The primary engineer and all associates and consultants shall carry
professional liability insurance with a minimum limit of $500,000. This
insurance shall continue for two years after certificate of substantial
completion of the entire project.
b. The Developer shall purchase and maintain comprehensive general liability
insurance with a combined single limit on ONE MILLION DOLLARS
($1,000,000) each occurrence. The policy shall provide coverage for bodily
injury and property damage, and shall include broad form property damage
(including completed operations), personal injury liability (including coverage
for employee -acts), blanket contractual liability and products and completed
operations.
Liability coverage shall be provided for hazards commonly referred to as
XCU (explosion, collapse, and underground).
c. All subcontractors of any tier shall be repaired to provide comprehensive
general liability insurance with combined single limits for bodily injury and
property damage of at least ONE MILLION DOLLARS ($1,000,000) per
occurrence, comprehensive auto liability insurance for all owned, non -owned
vehicles with combined single limits for bodily injury and property damage of
at least ONE MILLION DOLLARS ($1,000,000) per occurrence or other
limits as approved by City.
d. The Developer and its subcontractors shall cavy Worker's Compensation
Insurance to cover obligations imposed by Federal and State statutes covering
all employees, and employers' liability insurance with a minimum limit of
PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT
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ONE HUNDRED THOUSAND DOLLARS ($100,000) per Accident; FIVE
HUNDRED THOUSAND DOLLARS ($500,000) per Disease Policy Limit;
ONE HUNDRED "THOUSAND DOLLARS ($100,000) Disease, each
employee.
e. Insurance Policy Requirements: All insurance required as stated above and
shall be endorsed as follows:
1. The City, including their respective agents, employees, consultants and
representative shall be named as additional insured.
2. The insurance required shall contain a severability of interest clause
such that the insurance afforded applies separately to each insured
against whom claim is made or suit is brought.
3. All insurance policies shall not be terminated or cancelled without
thirty (3) calendar days advance written notice of cancellation to be
provided by the insurance company.
4. The insurance afforded by the Developer shall be primary insurance
and any insurance carried by the City shall be excess and not
contributory insurance to that provided by the Developer.
5. Each entity providing insurance shall furnish certificates of insurance
which shall specifically set forth evidence of all coverage required
above. If required each entity providing insurance will allow the other
party to review and copy such insurance provisions contained in the
certified policies.
9. TERMINATION OF AGREEMENT AND CITY'S RIGHT TO PERFORM
DEVELOPER'S OBLIGATIONS
9.1 Termination for Cause:
.a. If the Developer fails to perform any of its obligations under this Agreement
the City, may upon seven (7) calendar days written notice to the Developer
take such action as is necessary to perform such obligation either with or
without terminating this Agreement.
b. In the event of any material breach of this Agreement by developer, after five
(5) calendar days written notice to Developer, the City may, in addition to any
other remedies available, terminate this Contract, take possession of the
Project site and the raw materials, equipment, tools, construction equipment
and machinery thereon owned or provided by Developer and may finish the
Work by whatever reasonable means and methods the City may determine
necessary or expedient. In such instance Developer relieved from any of its
PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT
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obligations under this Agreement, including obligations assumed under the
liability for damages paragraph listed herein.
c. As used in the foregoing paragraph, a material default shall include but is not
limited to: (a) persistent or repeated failures to provide properly skilled
workmen or materials or failure to prosecute the Work according to the
progress schedules provided herein; (b) unjustified failure to make proper
payments to subcontractors for materials or labor; (c) persistent or intentional
disregard of laws, ordinance, rules, regulations or orders of any public
authority having jurisdiction; (d) being adjudged to be bankrupt or being
subject to any state or federal insolvency proceedings.
9.2 Termination by City Without Cause: (Termination for Convenience)
a. The City shall have the right to terminate the Agreement at its convenience for
any reason at its sole discretion.
9.3 NOTICES: Any and all notices required to be given by either of the parties
hereto, shall be in writing and be deemed communicated when mailed in the
United States mail, certified, return receipt requested, addressed as follows:
a. To the City:
Meridian City Clerk
33 East Idaho
Meridian, Idaho 83642
(with a copy to) Doug Strong, Director, Parks and Recreation Department
11 W. Bower
Meridian, Idaho 83642
b. To the Developer:
Tuscany Development, Inc.
P. O._ Box 344
Meridian, Idaho 83680
Either party shall give notice to the other party of any change of their address for
the purpose of this section by giving written notice of such change to the other in
the manner herein provided.
10. DESIGN AND CONSTRUCTION DRAWINGS
10.1 Design: Developer acknowledges to City that Developer and firms working for
Developer have been reviewed by the City based upon Developer's
representations and warranties that Developer has particular skill and experience
in construction of park and recreation facilities substantially similar to this
Project. Developer shall at all times manage the construction process so as to
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PAGE 12 OF 21
incorporate all of the City's requirements and objectives for the Project as
expressed in the Contract Documents, and so as to deliver the Project within the
time limits provided in this Agreement. Any instance in which the Developer
learns of any defect or insufficiency in the Project or any part thereof, or learns
that the Work is not proceeding in accordance with the City's actual objectives
and requirements, then the Developer shall immediately advise the Project
Representative and the Developer shall take all necessary action to correct same.
10.2 Building Codes: 'The Project, as designed and constructed, shall fully comply
with all codes and standards applicable at date of this Agreement, including (a)
the International Building Code; (b) Current IBC Standards; (c) Americans with
Disabilities Act Accessibility Guidelines; (d) Current Uniform Plumbing Code;
(e) Current National Electrical Code. Compliance with all of the foregoing codes
shall be reviewed and approved by the Meridian City Building Department, where
applicable. Plan check fees in connection therewith shall be paid by the City.
Plumbing and electrical permits shall be paid by the Developer. The foregoing
codes are in addition to and not in derogation of any other codes that may be
applicable by law or governmental regulation.
10.3 The Developer shall keep at the Project a complete copy of the Construction
Documents and shall afford the Project Representative access thereto. All cost
resulting from errors, omissions, discrepancies, inconsistencies or ambiguities in
the Construction Documents shall be borne by the Developer, including any cost
to correct Work already performed or to redesign or otherwise correct such
deficiencies.
11. RECORD RETENTION REQUIREMENT
11.1 Developer shall maintain all records required by law for the period required.
12. UNFORESEEN CONDITIONS
12.1 Should unknownThysical conditions below the surface of the ground or should
concealed or unknown conditions in an existing structure of an unusual nature,
differing materially from those ordinarily encountered and generally recognized
as inherent in work of the character provided for in this Agreement, be
encouraged, the Contract Time Schedule shall be equitably adjusted by Change
Order upon claim by either party made within a reasonable time after the first
observance of the conditions.
12.2: The Developer acknowledges that it has taken all steps reasonably necessary to
ascertain the nature and location of the Work, and that it has investigated and
satisfied itself as to the general and all local conditions which can affect the Work
or its cost, including but not limited to: (1) conditions bearing upon
transportation, disposal, handling, and storage of materials, remodel work, tie-ins
and existing structures, utilities, security, and existing operations; (2) the
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availability of labor, water, electric power, and roads; (3) uncertainties of weather,
river stages, tides, or similar physical conditions at the site; (4) the topography
and conditions of the ground; and (5) the character of equipment and facilities
needed preliminary to and during work performance. The Developer also
acknowledges that it has satisfied itself as to the character, quality, and quantity of
surface and subsurface materials or obstacles to be encountered insofar as this
information is reasonably ascertainable from an inspection of the site, including
all exploratory work done by Developer as well as from the drawings and
specification made a part of this contract. Any failure of the Developer to take the
actions describedoand acknowledged in this paragraph will not relieve the
Developer from responsibility for estimating properly the difficulty and cost of
successfully performing the work, or for proceeding to successfully perform the
work without additional expense to the City.. The City does not assume any
responsibility for erroneous conclusions or interpretations made by Developer.
12.3, The City assumes no responsibility for any conclusions or interpretations made by
the Developer based on the information made available by the City, nor does the
City assume responsibility for any understanding reached or representation made
concerning conditions which can affect the work by any of its officers or agents
before the execution of this Contract, unless that understanding or representation
made concerning conditions which can affect the work by any of its officers or
agents before the execution of this Contract is expressly stated in this Contract;
12.4. The Developer shall promptly, before the conditions are disturbed, and in all
instances within five (5) calendar days after the conditions are discovered, give a
written notice to the Project Representative of. (1) subsurface or latent physical
conditions at the site which differ materially from those which a reasonably
prudent Developer could anticipate, foresee, or make provision for this type of
Work at such site locations; or (2) unknown physical conditions at the site, of an
unusual nature, which differ materially from those ordinarily encountered and
generally recognized as inherent in work of the character provided for in the
Contract Documents and which could have been reasonably foreseen and/or
anticipated by a prudent developer.
12.5. The City shall investigate the site conditions promptly after receiving the notice.
If the conditions do materially so differ and cause an increase or decrease in the
Developer's time.required for, performing any part of the Work under this
Contract, whether or not changed as a result of the conditions, an equitable
adjustment shall lie made under this clause and the contract modified in writing
accordingly.
12.5. No claim by Developer for additional time shall be allowed if there is no written
notification to the City as required herein.
13. SUSPENSION OF WORK
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13.1 The City may order the Developer, in writing, to suspend, delay or interrupt all or
any part of the Work for such period as may be determined to be appropriate by
the City.
13.2 If performance of all or any part of the Work is suspended under this Agreement
for the convenience of the City, an equitable adjustment shall be made to the
Completion Date. However, no adjustment in the Completion Date shall be made
under this clause for any suspension, to the extent that performance would have
been so suspended, delayed, or for which an equitable adjustment is provided for
under any other term or condition of this Agreement.
14. NON -ASSIGNMENT AND GOVERNING LAW
14.1 The Developer shall not assign its interest in whole or part in this Agreement
without the written consent of the City.
14.2 This Agreement shall be governed by the laws of the State of Idaho.
14.3 This Agreement represents the entire agreement between the City and the
Developer and supersedes all prior negotiations, representations or agreements.
This Agreement may be amended only by written instrument signed by both City
and Developer.
14.4 Should any portion of this Agreement be found to be unenforceable by a court of
competent jurisdiction in such determination shall not void the entire Agreement,
but will be limited only to those unenforceable provisions.
14.5 In the event either to this Agreement is required to initiate or defend
PAY � �
litigation with respect to the terms hereof, or the rights granted hereunder, the
prevailing party in such litigation shall be entitled to all reasonable attorney's fees
incurred in such litigation, including all discovery costs and costs of expert
witness, together with other reasonable litigation costs.
15. AUSCELLANEOUS
15.1 Withholding: The Project will be completed by the Developer not later than the
Completion Date. In the event the Work is not completed within such time, the
parties agree that the Developer must maintain the Project until such time as it is
accepted by the City as complete.
15.2 A waiver by the City of any default by the Developer of any one or more of the
covenants or conditions hereof shall apply solely to the breach and breaches
waived and shall not bar any other rights or remedies of the City or apply to any
subsequent breach of any such or other covenants and conditions.
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15.3 In the event of any termination, whether if for cause or without cause, City shall
have the right to reproducible copies of all design and construction plans and
specifications, the ownership of all work in progress, and the right to complete all
construction.
ACKNOWLEDGEMENTS
IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be
executed on the day and year first above written.
DATED this 0 —1 1j" day of Wage rn be k- 12007.
ATTEST:
William G. Berg, Jr.,
CITY OF MERIDIAN
```\`���Of vll�
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Secretary
PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT
PAGE 16 OF 21
STATE OF IDAHO, )
ss:
County of Ada, )
On this _.26 day of Ab y t ., 1 go, , 2007, before me, the
undersigned, a Notary Public in and for said State, personally appeared Greg Johnson and
known to me to be the president and secretary,
respectively of Tuscany Development, Inc., who executed the within instrument on behalf of said
corporation, and acknowledged to me that said corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above,;written.
.S22211 one"..
e4s ,g e% N°gyp
e '%6�� . Notafy Public for Idaho
a
`A 'e �G� L I C :° �. o Residing at:
7 oe 04e Commission Expires: 8 ? o�
'eeeeeoeeeO ee°0
STATE OF IDAHO, )
ss:
County of Ada, )
On this z-(thday of NOVeMIse - , 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.
vt
(SEAL' ; �" ,�''`•';�`
•
• VP ;
Notary Public for Idaho
Residing at: ('CU d E@ i
Commission Expires:1-
PARK DEVELOPMENT AND PARK IMPACT FEE REIlVIBURSEMENT AGREEMENT
PAGE 17 OF 21
0
•
November 21, 2007 Department Reports
MERIDIAN CITY COUNCIL MEETING November 27, 2007
APPLICANT Parks Department ITEM NO. 6-A-2
REQUEST Budget Amendment Request for Messina Meadows Park
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: ALJ
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the city of Meridian.
0
Moo
E
November 21, 2007
MERIDIAN CITY COUNCIL MEETING
APPLICANT Blackhawk / Meridian, LLC ITEM NO. 8
REQUEST Final Plat approval for 4 commercial building lots on 4.91 acres in a C -G
zone for Kelly Creek Commercicd Subdivision - NWC of Linder Road & McMillan
Road
AGENCY COMMENTS
November 27, 2007
FP 07-035
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:
No Comments
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become properly of the City of Meridian.
•
0
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF
BLACKHAWK/MERIDIAN, LLC
FOR FINAL PLAT APPROVAL OF
4 COMMERCIAL BUILDING LOTS
ON 4.91 ACRES IN A C -G ZONE
LOCATED AT THE NWC OF
LINDER ROAD AND MCMILLAN
ROAD IN A PORTION OF THE SE
% OF THE SE 1/ OF THE SE % OF
T. 4N., R. 1W., SECTION 26
C/C November 27, 2007
CASE NO. FP -07-035
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 November 27, 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: November 27, 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 KELLY CREEK COMMERCIAL
SUBDIVISION LOCATED IN A PORTION OF THE SE 1/ OF THE SE'/ OF THE
SE % OF T. 4N., R. 1W., SECTION 26, BOISE MERIDIAN, MERIDIAN, ADA
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR KELLY CREEK COMMERCIAL SUBDIVISION / (FP -07-035)
Page 1 of 4
COUNTY, IDAHO 2007, HANDWRITTEN DATE: 10/17/07, SHEET 1 OF 3,
EHM ENGINEERS, INC.", BLACKHAWK/MERIDIAN, 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:
November 27, 2007, listing 13 SITE SPECIFIC REQUIREMENTS/FINAL PLAT
and 15 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 EHM 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 additional requirements of
the Council taken at their November 27, 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
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
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR KELLY CREEK COMMERCIAL SUBDIVISION / (FP -07-035)
Page 2 of 4
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 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
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR KELLY CREEK COMMERCIAL SUBDIVISION / (FP -07-035)
Page 3 of 4
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 2--1tin day
of �`QVeml�r , 2007.
A OF OR de WEERD
ATTEST:
L
LIAM G. BERG, JR.,
�i/0i/�f` tl1f1 119491\\`\����aa
Copy served upon: t/pplicant
Tanning Department
Pmblic Works Department
✓City Attorney
By: Dated: 12,,7,0-7
Ci C erk's Office
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR KELLY CREEK COMMERCIAL SUBDIVISION 1(FP-07-035)
Page 4 of 4
0
CITY OF MERIDIAN PLAWNG AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
STAFF REPORT: Meeting Date: November 27, 2007
Transmittal Date: November 21, 2007 CVERJDIAN7,�—,�
TO: Mayor and City Council
FROM: Kristy Vigil, Assistant City Planner
208-884-5533
Scott Steckline, Development Services Coordinator
208-898-5500
SUBJECT: Kelly Creek Commercial Subdivision
Request for Final Plat Approval of Kelly Creek Commercial Subdivision
Consisting of 4 Commercial Building Lots on 4.91 Acres in a C -G Zoning
District by Blackhawk/Meridian, LLC (File# FP -07-035).
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, Blackhawk/Meridian, LLC, has applied for final plat approval of 4 commercial building
lots on 4.91 acres of land for Kelly Creek Commercial Subdivision. The zoning district for the proposed
subdivision is C -G (General Retail and Service Commercial District).
Kelly Creek Commercial Subdivision is located on the northwest corner of Linder Road and McMillan
Road in Section 26, T. 4N., R. 1 W. This property has not been previously platted.
The City Council approved the preliminary plat for Kelly Creek Subdivision on August 19, 2003. The
submitted final. plat substantially complies with the approved preliminary plat.
Staff recommends approval of Kelly Creek Commercial Subdivision with the comments and
conditions stated in this report.
SITE SPECIFIC CONDITIONS
Applicant is to meet all terms of the approved, development agreement (103181095), annexation
(AZ -03-013), preliminary plat (PP -03-014), conditional use permit (CUP -03-028), and time
extension (TE -06-025) applications for this subdivision.
2. If the City Engineer's signature has not been obtained by 06/28/08, the Final Plat approval for
this subject phase shall expire.
Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the
accompanying acknowledgement signed and notarized.
4. Graphically depict the required 30 -foot wide landscape buffer easement along Linder Road and
McMillan Road on the face of the plat.
Exhibit "A'
FP -07-035 Kelly Creek Commercial Subdivision FP.doc PAG)_
CITY OF MERIDIAN PLAG AND PUBLIC WORKS DEPARTMENTS STAFF
REPORT
5. The applicant shall apply for a conditional use permit for each lot prior to issuance of any
certificate of zoning compliance or building permits on this site.
A cross -access and cross -parking agreement shall be recorded prior to issuance of any certificate
of zoning compliance on this site.
7. Revise or add the following note(s) on the face of the plat prepared by EHM Engineers, Inc.,
stamped on 10/17/07 by Gerald Martens, prior to signature of the final plat by the City Engineer:
*.) Add a note, "This plat is subject to a development agreement recorded as instrument
number 103181095 of Ada County Records."
*.) Add a note addressing the maintenance responsibilities of the landscape buffers adjacent
to Linder Road and McMillan Road that are not within common lots.
Add a note, "The bottom elevation of footings shall be set a minimum of 12 inches above
the highest known normal ground water elevation."
*.) Add a note, "Lot owners are responsible for maintenance of any irrigation/drainage pipe
or ditch crossing their lot unless such responsibility is assumed by an inigation/drainage
entity."
8. Prior to signature of the final plat by the City Engineer, all existing structures shall be removed or
relocated from the site.
9. 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.
10. The landscape plan, prepared by South Landscape, P.C., and dated 10/15/07 is approved with the
following changes:
a. Include fencing details for the fencing on the north and west boundaries of the proposed
subdivision (i.e. construction materials, & picture/sketch).
b. Submit a revised plan approved for construction.
C. The landscape buffer located on the southeast corner of the site and adjacent to Linder
Road does not meet the required 25 -foot minimum in all areas. The 25 -foot wide
landscape buffer shall be exclusive of the attached sidewalk in this area, revise
accordingly.
d. Unless otherwise approved with an alternative compliance application, depict a 25 -foot
wide landscape buffer constructed per UDC 11-3B-8 on the north and west boundaries.
The landscape buffers adjacent to Linder Road and McMillan Road are subdivision
improvements and shall be installed prior to occupancy of the first building.
The internal landscaping for the individual lots/buildings and parking areas not approved with
this final plat, they will be reviewed with each individual CZC.
The landscape buffers along the northern and western boundaries of the subdivision are not
approved with this final plat, they will be reviewed with each individual CUP.
Submit three copies of a revised landscape plan to the Planning Department prior to signature of
the final plat by the City Engineer. Said plan shall be consistent with the changes listed above.
Exhibit "A"
FP -07-035 Kelly Creek Commercial Subdivision FP.doc PAGF
CITY OF MERIDIAN PLAONG AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
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-
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.
13. 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, 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.
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, or as otherwise allowed by UDC 11-5C-1.
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.
Exhibit "A'
FP -07-035 Kelly Creek Commercial Subdivision FP.doc PAGE
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTOTS STAFF REPORT
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.
12. Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
13. Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-14 and 94-8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
14. The engineer shall be required to certify that the street centerline elevations are set a minimum of
3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1 -foot above.
15. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage
facility within this project that do not fall under the jurisdiction of an irrigation district or the
ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
STAFF RECOMMENDATION
Staff recommends approval of the final plat for Kelly Creek Commercial Subdivision (FP -07-035)
with the above stated comments and conditions.
Exhibit "A"
FP -07-035 Kelly Creek Commercial Subdivision FP.doc PAGF
LIN fl l Engineers; Inc. •
ENGINEERS / SURVEYORS / PLANNERS
Date: November .26,- 2007
To:
City -of Meridian.
Attn• Kricty Vinil
IN THE FIELDS OF
PLANNING,
SURVEYING
HIGHWAYS
WATER
SEWAGE
STRUCTURAL
SUBDIVISIONS
BRIDGE$ '
ENVIRONMENTAL
QUALITY CONTROL '.
CONSTRUCTION MGNIT.
Regarding; = Kelly Creek Commerdal Subdivision
I have reviewed the November 21; -2007 -staff report for the above project'
and concur with the site specific conditions as presented verith the following
Understanding and clarification.
A. The existing fence on the north and west boundaries do not need
to be replaced with a masonry..fence In the event the site:
-development and landscaping plan is revised to reflect.a 25 -foot
wide landscaping, buffer.. -The masonry wall would be provided -as
Part of an alternative compliance application'to reduce the
landscape. buffer width::
2. It is understood"that each lot development will require a .
conditional use -permit and that the final designs for"buffer
landscape an d.fence will be 'part *of the conditional use application
and permit and site specific alternative compliance application..,
375-06
621 North College Rd., Suite 100o Twin Falls, Idaho 83301 9[208] 734-488'8Fax [20817346049
3501 Elder St., Suite `100.8oiss,:ldaho.83705 [208].386-9170 • Fax (208) 3B8 9076
Exhibit "B"
November 21, 2007
FP 07-036
MERIDIAN CITY COUNCIL MEETING November 27, 2007
APPLICANT DBSI Meridian, LLC ITEM NO. 4
REQUEST Final Plat approval for 11 commercial building lots and 2 common lots
on 26.38 acres in an I -L zone for Kennedy Commercial Center - 1250 W. 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:
COMMENTS
No Comments
OTHER:
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become properly of the City of Meridian.
lil
M
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
APPLICATION OF DBSI )
MERIDIAN, LLC FOR FINAL PLAT )
APPROVAL OF 11 COMMERCIAL )
BUILDING LOTS AND 2 COMMON )
LOTS ON 26.38 ACRES IN AN I -L )
ZONE LOCATED AT 1250 W. )
OVERLAND ROAD IN A PORTION )
OF THE SE 1/ OF THE SW 1/ OF T. )
3N., R. 1W., SECTION 13 )
C/C November 27, 2007
CASE NO. FP -07-036
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 November 27, 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: November 27, 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 KENNEDY COMMERCIAL CENTER
SUBDIVISION LOCATED IN A PORTION OF THE SE % OF THE SW 1/ OF T.
3N., R. 1W., SECTION 13, BOISE MERIDIAN, MERIDIAN, ADA COUNTY,
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR KENNEDY COMMERCIAL CENTER SUBDMSION / (FP -07-036)
Page 1 of 3
IDAHO 2007, HANDWRITTEN DATE: 10/11/07, SHEET 1 OF 4, TOOTHMAN-
ORTON ENGINEERING COMPANY", DBSI MERIDIAN, 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 Scot Steckline, Development
Services Coordinator for the Public Works Department, dated: Hearing Date:
November 27, 2007, listing 14 SITE SPECIFIC REQUIREMENTS/FINAL PLAT
and 15 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 Toothman-Orton Engineering
Company, a true and correct copy of which is attached hereto marked Exhibit `B"
and consisting of 1page, and by this reference incorporated herein.
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
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR KENNEDY COMMERCIAL CENTER SUBDMSION / (FP -07-036)
Page 2 of 3
•
0
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 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 KO\%1rrlh„c-y— '2007.
`os�`A���aiB�tu► T de WEERD
ATTEST:
o ,
$AL
WILLIAM G. BERG, J (/, C CLRRK -v
Copy served upon: N/ Applican%,,
---- ;Public!�lanning
Works Department
L/ City Attorney
jaka-r" kv-. 12-Z-0-'1
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR KENNEDY COMMERCIAL CENTER SUBDIVISION / (FP -07-036)
Page 3 of 3
CITY OF MERIDIAN PLANG AND PUBLIC WORKS DEPARTPrENTS STAFF REPORT
STAFF REPORT: Meeting Date: November 27, 2007
Transmittal Date: November 21, 2007 C�WENID.!IAN� ---
TO: Mayor and City Council
FROM: Kristy Vigil, Assistant City Planner
208-884-5533
Scott Steckline, Development Services Coordinator S�
208-898-5500
SUBJECT: Kennedy Commercial Center Subdivision
Request for Final Plat Approval of Kennedy Commercial Center Subdivision
Consisting of 11 Commercial Building Lots and 2 Common Lots on 26.39 Acres
in an I -L Zoning District by DBSI Meridian, LLC (File# FP -07-036).
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, DBSI Meridian, LLC, has applied for final plat approval of 11 commercial building lots
and 2 common lots on 26.38 acres of land for Kennedy Commercial Center Subdivision. The zoning
district for the proposed subdivision is I -L (Light Industrial District).
Kennedy Commercial Center Subdivision is located at 1250 W. Overland Road in Section 13, T. 3N., R.
1W. This property has not been previously platted.
The City Council approved the preliminary plat for Kennedy Commercial Center Subdivision on October
2, 2007. The submitted final plat substantially complies with the approved preliminary plat.
Staff recommends approval of Kennedy Commercial Center Subdivision with the comments and
conditions stated in this report.
SITE SPECIFIC CONDITIONS
1. Applicant is to meet all terms of the approved, preliminary plat (PP -07-013) and conditional use
permit (CUP -01-009) applications for this subdivision.
2. If the City Engineer's signature has not been obtained by 10/02/09, the Final Plat approval for
this subject phase shall expire.
3. The private street, S. Tech Lane, should be posted as a fire lane with no parking allowed and the
curbs next to the drive aisle shall be painted red.
4. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the
accompanying acknowledgement signed and notarized.
Exhibit "A"
FP -07-036 Kennedy Commercial Center Subdivision FP.doc PAGE
CITY OF MERIDIAN PLAN'1QING AND PUBLIC WORKS DEPARTNfENTS STAFF REPORT
Revise or add the following note(s) on the face of the plat prepared by Toothman-Orton
engineering company, stamped on 10/11/07 by Daniel S. Young, prior to signature of the final
plat by the City Engineer:
4.) Delete note.
6.) Include instrument number.
8.) Include instrument number.
*.) Add a note addressing the maintenance responsibilities of the landscape buffers adjacent
to Overland Road, Tech Lane, and the eastern property boundary that are not within
common lots.
*.) Add a note addressing the maintenance responsibilities of Lot 11, Block 1.
*.) Add a note, "The bottom elevation of footings shall be set a minimum of 12 inches above
the highest known normal ground water elevation."
6. Prior to signature of the final plat by the City Engineer, all existing structures shall be removed or
relocated from the site.
7. 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.
8. The landscape plan, prepared by Toothman-Orton Engineering Company, and dated 10/10/07 is
approved with the following changes:
a. Include the lawn symbol for the 10 -foot wide landscape buffer adjacent to Tech Lane.
Submit three copies of a revised landscape plan to the Planning Department prior to signature of
the final plat by the City Engineer. Said plan shall be consistent with the changes listed above.
9. 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.
10. All areas approved as open space shall be free of wet ponds or other such nuisances. All
stormwater detention facilities incorporated into the approved open space are subject to UDC 11-
3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated
surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11.
If the stormwater detention facility cannot be incorporated into the approved open space and still
meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may
require losing a developable lot or developable area. It is the responsibility of the
developer to comply with ACRD, City of Meridian and all other regulatory requirements at the
time of final construction.
11. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does
not relieve the Applicant of responsibility for compliance.
12. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single -point
connection to the culinary water system shall be required. If a single -point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
Exhibit "A"
FP -07-036 Kennedy Commercial Center Subdivision FP.doc
PAGF
CITY OF MERIDIAN PLAN-N7NG AND PUBLIC WORKS DEPARTNfENTS STAFF REPORT
13. The applicant shall install all mains necessary to provide service to each lot; applicant shall
coordinate main size and routing with the Public Works Department, and execute standard forms
of easements for any mains that are required to provide service. Minimum cover over sewer
mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate
materials shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
14. The project must continue to be served by the existing private lift station and pressure main until
such time as the Black Cat Trunk is available to serve this area. The lift station may not
discharge a flow greater than 80 gallons per minute at any time.
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, 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, or as otherwise allowed by UDC 11-5C-1.
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.
Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat.
7. Compaction test results must be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
9. Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
Exhibit "A"
FP -07-036 Kennedy Commercial Center Subdivision FP.doc PAGF
CITY OF MERIDIAN PLAWNG AND PUBLIC WORKS DEPARTPfENTS STAFF REPORT
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.
12. Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
13. Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
14. The engineer shall be required to certify that the street centerline elevations are set a minimum of
3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1 -foot above.
15. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage
facility within this project that do not fall under the jurisdiction of an irrigation district or the
ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
STAFF RECOMMENDATION
Staff recommends approval of the final plat for Kennedy Commercial Center Subdivision (FP -07-
036) with the above stated comments and conditions.
Exhibit "A"
FP -07-036 Kennedy Commercial Center Subdivision FP.doc PAGF
Kelly Creek Commercial a
Kristy Vigil
From: Mokwa, Tim [TMokwa@toengreo.com]
Sent: Tuesday, November 27, 2007 11:24 AM
To: Kristy Vigil
Cc: Alan Durrant
Subject: RE: Kennedy Commercial Center FP staff report
Go Page I of 2
Kristy, I have reviewed the Kennedy Sub Staff (FP -07-036) report for tonight's City council meeting and
discussed w/ my Client. We have no issues w/ the recommended conditions of approval.
Thank you.
Tim Mokwa,
Irl-gject -1ICaw"i"el-
Toot11111alt-Orlolr F.ngineering (o)nl)(mY
9---Chimlen Blvc1. 13oLse IU 83-14
ph. (208)323-2288
AM (20N)323-2399
1n okWa(d�loepg co.com
This message is confidential, engineer-client/work product protected, and is intended only for use by the
intended recipient. Any other use is expressly prohibited and any violation will result in prosecution to
the fullest extent of the law. If you receive this message by mistake please destroy it immediately.
Thank you.
From: Alan Durrant [mailto:adurrant@dbsidevelopment.com]
Sent: Monday, November 26, 2007 10:37 AM
To: Mokwa, Tim
Subject: FW: Kennedy Commercial Center FP staff report
Tim,
Did you get a copy of this?
We should talk later today - call me when you have a minute.
Thanks
Alan J. Durrant
Office 208.489.2599
Cell 208.559.0804
From: Kristy Vigil [mailto:vigilk@meridianciity.org]
Sent: Wednesday, November 21, 2007 3:59 PM
To: Alan Durrant; asarkany@toengrco.com
Cc: Tara Green; Machelle Hill; Bill Johnson; Bill Nary; Joe Silva; Kenny Bowers; Ron Anderson; Ted Baird; Will
Berg
Subject: Kennedy Commercial Center FP staff report
Hi Alan,
Attached is the final plat staff report for Kennedy Commercial Center Subdivision.
12/3/2007 Exhibit °a"
0 0
November 21, 2007 AP 07-009
MERIDIAN CITY COUNCIL MEETING November 27, 2007
APPLICANT Glen Tiderman & Tracy Fries ITEM NO. 10
REQUEST Public Hearing - City Council Review of an Appeal of the Planning and
Zoning Commission's approval of the Selway Apartments (CUP 07-016) - west of T
Goddard Creek Way, north of McMillan Road and east of Ten Mile Road
AGENCY
CITY CLERK:
COMMENTS
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT: OoAh—f��po. iL
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 Affidavit of Posting
Contacted: Date: Phone:
Emalled: Staff Initials:
Materials presented at pubec meetings shall become properly of the City of Meridian.
7j
November 21, 2007
MERIDIAN CITY COUNCIL MEETING
November 27, 2007
0
APPLICANT ITEM NO. I 1
REQUEST Ordinance 07-1342 -- Ordinance to Amend Municipal Code of City of
Meridian, County of Ada, State of Idaho, Amending Title 10, Chap. 7, Exhibit A as
Meridian Impact Fee Ordinance
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY See attached
CITY POLICE DEPT:
CITY FIRE DEPT.
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
0
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Keith Bird
Joe Borton
Charles Rountree
David Zaremba
CITY DEPARTMENTS
Fire
540 E. Franklin Road
888-1234 / fax 895-0390
Parks & Recreation
11 W. Bower Street'
888-3579 / fax 898-5501
Planning
660 E. Watertower Lane
Suite 202
884-5533 / fax 888-6844
Police
1401 E. Watertower Lane
888-6678 / fax 846-7366
Public Works
660 E. Watertower Lane
Suite 200
898-5500 / fax 898-9551
- Building
660 E. Watertower Lane
Suite 150
887-2211/fax 887-1297
- Wastewater
3401 N. Ten Mile Road
888-2191/fax 884-0744
- Water
2355 N.W. 8th Street
888-5242/fax 884-1159
40
RECEIVED
NOV 2 7 2007
IC
ity of Meridian
?pity clerk Office
DELIQUENCY FOR TURN OFF
Schedule for November 27, 2007
Cycle 1
MAYOR: This letter attests to the fact that no water users have requested
a pre -termination hearing for November 27, 2007. Users having delinquent
utility bills will be shut off on November 28, 2007.
The total amount past due is $ 11,676.55.
The number of past due customers is 140.
Jaycee Holman
Billing Manager
CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433
CITY c=- FAx 888-4218 CITY ATTORNEY / HR - FAX 884-8723 FINANCE & unirrY BMUNG - FAX 887-13 MAYOR'S OFFICE - FAX 884-8116
CITY OF MERIDIAN
Go
Shutoff Account List CITY COUNCIL Page: 1
Standard Payment Customers Nov 27, 2007 04:36pm
Current Period: 12/05/2007 - Transactions Included Through: 12/05/2007
Shutoff Minimum of $ 50.00 compared to Delinquent Balance
Report Criteria:
Terminated customers not included
Customer.Cust No () _ {<}7700000001
Customer.Bill Cycle = 1
Customer.disconnected = No
Customer.shut off list = No
Ref
No Cust No Name / Service Address
1 22.51.2648.02 A SHADE BETTER PAINTING
655 KING ST E
Past Due Balance
220.60 360.21
2 22.51.4060.02 ADA COUNTY HIGHWAY DISTRICT 74.31 138.99
15 BOWER ST E
3 22.50.1998.04 AL-SAMMAK, K. & IHRIG, T. 73.47 145.81
991 CROSSBILL CT E
NO ARRANGEMENTS ALLOWED UNTIL
9/28/08 DUE TO BROKEN
ARRANGEMENTS—DB 10/1/07
4 24.04.1596.03 ARAGON, DAWNA 60.36 129.85
2893 WILLARD ST W
5 30.74.2716.01 BAUGH, JAMES 112.62 172.12
1022 CRESTWOOD DR
6 22.50.1022.01 BEACH, ROXANNE 65.81 108.04
303 GRUBER AVE E
NO ARRANGEMENTS
ALLOWED --CUSTOMER IS
CONSTANTLY LATE OR CHANGING
ORIGINAL ARRANGEMENTS. NO MORE
UNTIL JAN. 2008.
7 30.74.3716.03 BEITIA, CHRISTOPHER 62.52 102.43
1100 MUSCOVY AVE S
NO ARRANGEMENTS FOR RENTERS!!
8 37.37.3228.01 BENSKI, JON 65.86 116.67
2732 DENALI WAY S
9 25.25.4090.02 BERKEY, ANDREW 76.41 109.14
4751 THORN CREEK ST W
10 23.02.1800.02 BOLTON, TERESA 69.77 148.57
1501 2ND ST W
CITY OF MERIDIAN
Shutoff Account List CITY COUNCIL
Page: 2
Standard Payment
Customers
Nov 27, 2007 04:36pm
Current Period: 12/05/2007 - Transactions Included Through: 12/05/2007
Shutoff Minimum of $ 50.00 compared to Delinquent
Balance
Ref
No
Cust No
Name / Service Address
Past Due
Balance
11
35.38.0501.02
BOOS, THOMAS
70.48
116.39
3195 HUDSPETH AVE S
12
24.03.0396.05
BOOTHE, KEVIN & KITTY
67.16
147.68
841 TALL PINE PL N
13
23.01.0800.01
BREWER, SID & SHELLY
116.11
163.52
423 BROADWAY AVE W
14
23.02.1840.06
BRODERSON, JOSHUA
74.92
313.53
218 MAPLE AVE W
15
24.04.1546.03
BRYCE, WES & SHANNON
69.48
128.63
2915 SANTA CLARA DR W
16
23.02.5120.01
BURNETT, CAREY
73.02
129.03
1405 NORTHGATE AVE
17
24.04.2308.01
BUTTERFIELD, CHARLES & TONI
142.68
267.72
1475 SANTA ROSA PL N
18
30.30.6120.04
CASTILLO, ARIEL & PEREZ, WENDY
72.04
127.50
950 OTTER AVE S
19
32.32.4944.04
CLARK, ANDY I & SARAH
90.18
147.29
493 TRUSS AVE S
20
30.74.3090.02
CLAY, JAMES & JANE
64.07
144.75
550 PELICAN WAY S
21
35.65.0396.01
COMPTON, RICHARD
50.58
108.34
2472 BRANDYS JEWEL AVE S
22
23.02.4280.03
CORBETT, ANITA K
92.33
159.17
1226 MAPLE ST
23
22.50.4486.04
CORNMESSER, JEREMY
78.94
190.75
520 PINE AVE E
24
35.35.0228.01
COVINO, PETER III
98.30
164.01
3070 SLATE CREEK WAY S
25
23.01.1530.02
CRANDALL, ROBERT & KELLY
67.73
116.01
700 IDAHO AVE W
26
24.03.0386.03
CRUZ, CARI R
57.93
129.23
1954 SLATON DR W
27
24.04.0686.02
DA ROSA, JULIE
87.71
176.96
1162 LIGHTNING PL N
CITY OF MERIDIAN
Shutoff Account List CITY COUNCIL
Page: 3
Standard Payment Customers
Nov 27, 2007 04:37pm
Current Period: 12/05/2007 - Transactions
Included Through:
12/05/2007
Shutoff Minimum of $ 50.00 compared to Delinquent Balance
Ref
No
Cust No
Name / Service Address
Past Due
Balance
28
24.04.1442.03
DAVIS, JERRY & HEALY, CYNTHIA
74.36
145.89
1377 CLARA AVE N
29
22.50.3858.02
DAYLEY, C. & M. PARTRIDGE
89.81
139.71
1161 ADKINS AVE N
30
46.16.1323.02
EDWARDS, RICHARD & JILL
64.48
119.72
2315 SICILY ST E
31
22.51.0758.01
ELITE CLEANERS
161.44
381.44
140 IDAHO AVE E
32
22.51.0978.05
ENRIQUEZ, M. & LEACH, J.
54.69
101.81
811 PINE AVE E
NO ARRANGEMENTS ALLOWED FOR
RENTERS PER THE OWNER!!
33
30.74.2900.03
FARMER, WILLIAM & CAREY
57.14
89.87
456 SPOONBILL AVE S
34
46.16.1003.02
FOGG, CODY & JENNIFER
55.47
101.85
3968 MONTAGUE WAY S
35
20.46.0240.02
FRENCH, KATHY & MILES, WILLIAM
50.00
99.90
3532 PRESIDENTIAL DR E
36
22.51.0278.05
GAIL WELLAND
155.63
258.87
508 BROADWAY AVE E N
NO ARRANGEMENTS ALLOWED FOR
HAMILTON UNTIL 11/5/08 DUE TO
BROKEN ARRANGEMENT --DB 11/6/07
37
20.46.0116.01
GARIBOVIC, KASIM
51.92
92.96
3533 JUDICIAL DR E
38
45.20.0918.02
GMACH, YAEL
51.68
99.74
1222 PISTIOA DR E
39
24.03.0844.01
GODFREY, SHELLI
97.85
185.30
616 BROWNFIELD WY W
40
23.02.0860.03
GOSSI, NICK
126.78
195.66
1200 PINE AVE W
41
20.46.0112.02
GOWEY, SHAWN L
88.62
140.43
3485 JUDICIAL DR E
NO ARRANGEMENTS ALLOWED FOR
RENTER (GOWEY) UNTIL 5/7/08 DUE TO
BROKEN ARRANGEMENTS.
CITY OF MERIDIAN
Shutoff Account List CITY COUNCIL
Page: 4
Standard Payment Customers
Nov 27, 2007 04:37pm
Current Period: 12/05/2007 - Transactions
Included Through: 12/05/2007
Shutoff Minimum of $ 50.00 compared to Delinquent Balance
Ref
No
Cust No
Name / Service Address
Past Due
Balance
42
24.04.2294.04
GRIMES, JAMIE
97.50
193.57
1560 SANTA ROSA PL N
43
20.46.0190.01
GRIST, JIMMIE
70.02
117.01
958 FILLMORE WAY N
44
30.74.3504.04
HAGER, TONI
96.42
148.26
1111 HONKER DR W
45
23.02.3120.05
HART, ANGELA
93.52
137.89
1303 7TH ST W
46
25.05.0506.01
HART, RANDY
171.47
314.11
3353 PARK CREEK DR W
NO ARRANGEMENTS ALLOWED FOR
CUSTOMER UNTIL 2/1/2008 -WROTE
NSF TO GET/KEEP WATER ON. CASH
ONLY PERMANENTLY.
1/23/07 -REMOVED NSF ALERT --IF ONE
CHECK IS RETURNED, WILL BE ON
CASH ONLY INDEFINITELY.
47
23.02.2360.03
HARWOOD, AMANDA
95.99
161.99
202 WASHINGTON AVE W
48
46.16.1001.02
HENDERSON, DIANNA
60.60
93.69
3922 MONTAGUE WAY S
49
30.74.3356.04
HENDRIKSE, EDIE
56.28
127.97
1311 GANDER DR W
50
25.25.0104.03
HERNANDEZ, LILIANA E
52.89
94.45
3216 WAVE DRW
51
22.51.0671.01
HICKEY, TONY
290.38
525.03
SPK - 600 IDAHO E
52
30.74.3546.03
HOEMBERG, RICK
83.44
139.16
934 HONKER DR W
53
22.50.2088.05
HOLGATE, SHERRY
122.49
208.08
1367 SANDLIN AVE N
54
22.50.0678.01
HOOVER, LYND M
195.12
336.78
1318 4TH ST E
CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 5
Standard Payment Customers Nov 27, 2007 04:37pm
Current Period: 12/05/2007 - Transactions Included Through: 12/05/2007
Shutoff Minimum of $ 50.00 compared to Delinquent Balance
Ref
No Cust No Name / Service Address Past Due Balance
55 30.30.6068.04 HORNER, VICKIE & JARRY &CARAME 105.46 163.96
1008 SPOONBILL AVE S
56
30.74.2474.02
HORTWICK, JOHN
51.39
104.33
1348 KIMRA ST W
57
30.30.6128.02
HOUDE, RICHARD & CATHRYN
75.85
125.78
1415 BROWN TROUT DR W
58
25.95.0308.03
IDAVEST PROPERTIES, LLC
74.23
124.81
1037 GLAMORGAN AVE N
59
20.47.1006.02
IMLAY, THOMAS & CARTER, DONNA
53.59
108.58
1064 PARKDALE AVE N (CORNER)
60
25.09.0008.03
JAKOMEIT, MICHAEL
50.22
111.76
3288 ACARRERA CT W
CASH ONLY FOR CUSTOMER TIL
6/28/08 --RECEIVED 2ND NSF IN LESS
THAN A YEAR.
61
30.74.2758.05
JORDAN, SHERYL R
84.40
141.64
1396 CRESTWOOD DR W
62
35.98.0009.01
KENAI PARTNERS LLC
75.13
687.86
SPK - GRAMERCY SUB
63
36.02.0104.01
KENT ROBERTS BLDG
119.93
263.82
1693 SPRING VALLEY LN S
64
25.05.0744.02
KLEINFELDT, DAVID & MARY JO
73.23
136.30
1425 LAUDERHILL WAY N
65
24.04.1858.02
KOCH, MICHAEL & SALINA
53.35
118.56
1304 RUTLEDGE AVE N
66
23.03.9868.01
LAWRENCE, WENDELL & KASHA
204.10
583.80
444 LINDER RD N
67
23.03.9869.01
LAWRENCE, WENDELL & KASHA
146.53
482.65
SPK - 444 LINDER RD N
68
24.04.0682.03
LAWTON, MATHEW & LISA
53.35
150.36
1124 LIGHTNING PL N
69
24.04.1800.05
MADOLE, MADELENE
52.59
122.53
2424 SANTA CLARA DR W
70
30.74.2642.01
MANWARING, MARK & DARCY
77.39
140.32
895 PENNWOOD ST W
CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 6
Standard Payment Customers Nov 27, 2007 04:37pm
Current Period: 12/05/2007 - Transactions Included Through: 12/05/2007
Shutoff Minimum of $ 50.00 compared to Delinquent Balance
Ref
24.04.1958.02
McNALLY, NICOLE
No
Cust No
Name / Service Address
71
22.51.0486.01
MARCH, RICHARD
325 IDAHO AVE E
72
23.02.2300.03
MARINO, JASON
133 CHERRY AVE W
73
30.74.3628.03
MARTINEZ, RICHARD
ARRANGEMENTS.
1035 EIDER DR W
Past Due Balance
219.33 685.13
69.14 114.90
57.82 153.79
74 37.37.3290.02 MARTINEZ, RICHARD 225.78 270.48
2882 BEAR CLAW WAY S
CANCELED D/P PER CUSTOMER
REQUEST—MR. MARTINEZ WILL
PROVIDE POLICE REPORT, AS TANYA
(PER MR. MARTINEZ) WAS
EMBEZZLING MONEY FROM HIM AND
HAS PUT HIM IN A RUTT.—DB 10/22/07
PUT ON D/P 10/25/06—DB--WAS SIGNED
BY TANYA MCKNIGHT, MR. MARTINEZ'S
ASSISTANT AND GIVEN A REORDER
FORM WITH CHECK INFO. JAYCEE
SAID IT WAS OKAY TO USE.
75 36.69.0774.02 MAYHEW, RICK L 71.38 161.11
1676 BLACKSMITH PL S
76 36.69.0470.01 MCCOY, RODNEY 67.38 143.21
1692 SPORTSMAN WAY S
77 25.09.0042.02 MCMULLIN, LOREANNE 63.07 105.76
915 BRITT PL N
78
24.04.1958.02
McNALLY, NICOLE
75.09
139.12
2322 SONOMA CT W
NO ARRANGEMENTS ALLOWED UNTIL
5/25/08 DUE TO BROKEN
ARRANGEMENTS.
79
37.50.0602.02
MEJDELL, DAN & TRACEY
60.03
101.98
465 ORSO DR W
80
24.03.0422.02
MENDOZA, PEDRO & EVA
72.53
123.82
698 TALL PINE PL N
81
36.69.1354.02
MESSING, SCOTT & JENNIFER
105.43
248.63
695 WHITEHALL ST E
82
23.02.2800.07
MORRISON, TODD & NANCY
78.68
130.13
1205 4TH ST W
CITY
OF MERIDIAN
Shutoff Account List CITY COUNCIL
Page: 7
Standard Payment Customers
Nov 27, 2007 04:37pm
Current Period: 12/05/2007 - Transactions
Included Through: 12/05/2007
Shutoff Minimum of $ 50.00 compared to Delinquent Balance
Ref
No
Cust No
Name / Service Address
Past Due
Balance
83
30.30.6216.04
MORTON, CHARLES & REBECCA
70.51
118.13
1278 JACKSNIPE DR W
84
36.68.0086.01
NEITZEL, KENNETH & HEIDI
106.45
178.24
2656 WEBER RAPIDS PL S
NO ARRANGEMENTS AND CASH ONLY
TIL 9/21/08 DUE TO CUSTOMER
WRITING NSF TO GET/KEEP WATER
ON. --DB 9/27/07
85
35.35.5026.04
NEWELL, JONATHAN
57.85
153.79
2922 GOLD BAR AVE S
86
24.04.1408.02
OLIVER, ORLANDO
57.14
121.31
1485 HAVEN COVE AVE N
87
30.74.3952.02
OSBORNE, BILL
50.11
108.87
715 OTTER AVE S
88
24.03.0044.02
PADGETT, DAVE & CHARLENE
53.62
119.59
753 ABERNATHY WAY N
89
23.02.2490.02
PATTERSON, DEENA L
59.43
116.83
330 CHERRY AVE
90
20.46.0868.03
PATTERSON, JULIE
78.15
125.88
3552 FLORENCE DR E
NO ARRANGEMENTS FOR THE
RENTERS PER THE OWNERM
91
23.01.3130.02
PETERSON, JIM
108.40
224.32
935 PINE AVE W
92
36.69.0522.01
PORTER, DOUGLAS
65.91
131.91
1118 PEACOCK ST E
93
24.04.1960.02
QUESNELL, GIL & LESLIE
77.85
119.15
2358 SONOMA CT W
94
37.72.0216.01
REAMAN, JOHN
54.67
109.91
2174 RIPTIDE PL S
95
37.50.0501.04
REBOLLEDO, XOCHELT
58.42
79.90
2949 JIOVANNI AVE S
96
23.02.2580.01
REED, DEBORAH
88.74
174.15
473 PACK AVE W
CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 8
Standard Payment Customers Nov 27, 2007 04:38pm
Current Period: 12/05/2007 - Transactions Included Through: 12/05/2007
Shutoff Minimum of $ 50.00 compared to Delinquent Balance
Ref
No Cust No Name / Service Address Past Due Balance
97 37.72.0138.02 REITHER, THAX 88.89 159.40
98 DAVENPORT DR W
98 23.02.3872.04 RETHERFORD, JASON & EDEE 52.42 86.51
1213 MERIDIAN ST
99 22.50.2196.03 ROSS, BARRY & BEVERLY 58.60 97.15
888 ASHFORD ST E
100 25.09.0058.01 ROTELLA, ROB & JILLENE 103.40 186.21
936 BRITT PL N
REMOVED NO ARRANGEMENTS
ALLOWED—HAS BEEN OVER A YEAR --IF
ONE BROKE, CUSTOMER IS AWARE
WILL BE PERM. NO ARRANGEMENTS!!!
ROTELLA BROKE ARRANGEMENTS
MADE ON 6/26/06.—ROTELLA'S PH:
208-412-4064
101 30.74.3212.01 ROTHELL, JOE & HEIDI 58.91 121.08
888 GREENHEAD ST W
102
35.35.3028.01
ROTTA, JOE & DARCIE
76.47
101.99
2715 BAYOU BAR WAY S
103
20.47.0074.02
RUMSEY, PHILIP & JENNIFER
85.82
156.25
4111 DRIFTWOOD DR E
104
30.74.3432.02
SAGER, LEE & NADEAN
80.92
127.30
940 VERBENA DR W
105
25.05.0720.02
SANTOS, WILLIE & MARIE
93.87
212.17
3508 FIR CREEK CT W
106
34.60.2003.01
SCHROEDER ENT
69.07
90.55
4072 PINE BLUFF DR E
107
30.74.2846.02
SCHROEDER, PHILLIP & MARGORIE
77.92
118.99
479 SPOONBILL AVE S
108
23.01.2740.02
SEEDS, DOUGLAS & BARBARA
96.03
161.14
1491 BIDDICK ST W
109
24.04.1878.03
SHIRLEY, GARRY
50.15
126.85
1472 TINA MARIE AVE N
110
30.74.3096.01
SIGMOND, SERGIO
64.37
155.01
1075 EGRET DR W
L_J
• CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 9
Standard Payment Customers Nov 27, 2007 04:38pm
Current Period: 12/05/2007 - Transactions Included Through: 12/05/2007
Shutoff Minimum of $ 50.00 compared to Delinquent Balance
Ref
No
Cust No
Name / Service Address
Past Due
Balance
111
36.69.1292.03
SIMMONS, BRETT
97.34
153.35
122
22.51.2991.01
584 WHITEHALL ST E
95.09
104.56
112
37.37.3116.01
SISNEROS, LARRY & SANDRA
52.03
108.90
2896 DENALI WAY S
113
30.30.6142.03
SMITH, CONSTANCE
51.30
98.16
123
22.50.0680.01
1456 BROWN TROUT DR W
71.30
138.46
114
25.05.0640.02
SPOREA, ILIJA & LAURA
75.78
117.34
124
35.35.6018.02
1352 CLIFF CREEK PL N
55.14
101.52
115
30.74.3618.07
STEPHENS, JEREMIAH & KODIANNE
65.64
118.87
125
37.50.0401.02
862 PELICAN WAY S
68.44
97.77
NO ARRANGEMENTS FOR THE
RENTERS PER THE OWNER!!!
116
24.03.0828.03
SWENSON, WILLIAM & NANCY
70.41
113.10
2429 SNYDER ST W
117
24.62.0218.04
TANNENBAUM, JOEL
70.87
138.39
2927 MARBETH CT W
118
24.62.0219.04
TANNENBAUM, JOEL &
87.36
150.23
2939 MARBETH CT W
119 25.25.1002.02 TAYLOR, ESPERANZA 76.78 142.60
4747 BIG CREEK ST W
120 22.51.0862.04 TIEDJE, GARY 58.19 94.59
315 PINE AVE E
121
25.05.0244.03
TOMLINSON, ROBERT & CATHY
51.05
111.20
4144 BLUE CREEK DR W
122
22.51.2991.01
TOMMY'S MOTORSPORTS
95.09
104.56
SPK - 670 KING ST E
NO ARRANGEMENTS FOR THE
RENTERS PER THE OWNER!!!
123
22.50.0680.01
TRUST, LYND HOOVER
71.30
138.46
1320 4TH ST E
124
35.35.6018.02
VANDERLAAN, RUDOLPH & GAYLE
55.14
101.52
1797 FIRESIDE DR E
125
37.50.0401.02
VIERRA, ROSE
68.44
97.77
237 ORSO DR W
CITY OF MERIDIAN
Shutoff Account List CITY COUNCIL
Page: 10
Standard Payment
Customers
Nov 27, 2007 04:38pm
Current Period: 12/05/2007 - Transactions Included Through: 12/05/2007
Shutoff Minimum of $ 50.00 compared to Delinquent Balance
Ref
No
Cust No
Name / Service Address
Past Due
Balance
126
34.60.1922.01
WALDORF & SONS
60.78
78.42
3982 RAJA DR E
127
24.03.0128.04
WALSH, TIM & JENNIFER
63.18
180.13
710 MINERAL WELLS AVE N
128
23.02.3430.03
WALTERS, JANELLE
98.83
158.01
539 WASHINGTON AVE W
129
34.34.6284.02
WARDLAW, RYAN & LINDSEY
91.21
133.30
2889 PROUD WAY S
130
22.50.1016.01
WATSON, CURTIS & VIVIAN
54.87
106.45
1420 2 1/2 ST E
131
22.50.0724.02
WEBBER, JAMIE
70.52
103.25
364 WASHINGTON AVE E
132
23.01.1010.05
WEST, JONI & BERT
78.03
353.60
625 IST ST W
133
22.50.2096.01
WHEAT, KEVIN
89.26
168.86
1305 SANDLIN AVE N
134
24.04.1398.05
WHITWELL, RONALD & SHERI
91.25
141.76
2828 LEROY CT W
135
32.32.4320.02
WILLIFORD, CATHERINE
52.59
80.86
769 THORNWOOD WAY S
136
30.74.0356.01
WILSON, DEANA
85.59
168.76
692 HANOVER CT
NO ARRANGEMENTS TIL
6/15/071! -BROKE ARRANGEMENTS
SIGNED ON 6/15/06.
137
32.32.4932.02
WITTE, JOHN & MELODY
53.81
92.23
1646 BOWSTRING ST E
138
22.50.2418.02
YEAGER, RON & YEAGER, ROBERT
130.21
194.79
1383 DRUCKER ST E
139
23.02.0424.01
YOUNG, BRADLEY & SHERRY
73.78
143.45
539 CRITERION ST W
140
24.04.0848.02
ZIMMERMAN, BRAD
54.05
162.00
1121 ROPER PL N
CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 11
Standard Payment Customers Nov 27, 2007 04:38pm
Current Period: 12/05/2007 - Transactions Included Through: 12/05/2007
Shutoff Minimum of $ 50.00 compared to Delinquent Balance
Ref
No Cust No Name / Service Address
Grand Totals: 140 Customers Listed
Report Criteria:
Terminated customers not included
Customer.Cust No () _ {<}7700000001
Customer.Bill Cycle = 1
Customer. disconnected = No
Customer.shut off list = No
Past Due Balance
11,676.55 22,796.09