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HomeMy WebLinkAbout2006-02-07CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 7, 2006 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho `Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll -call Attendance: Shaun Wardle _� Joe Borton ' Charlie Rountree Keith Bird X. Mayor Tammy de Weerd 2. Pledge of Allegiance: ZAV 3. Community Invocation by Pastor Kevin Moyer, with Meridian First Baptist: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of January 17, 2006 City Council Regular Meeting: 4 B. Approve Minutes of January 24, 2006 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: MI 05- 014 Request to terminate a Development Agreement for Caslper Management by Casper Management, LLC — 7.32 acres south of Overland Road and west of Meridian Road: 04., D. Water Main Easement Agreement for Lakeview Golf Course Maintenance Shed: �y�`� 49 vac. E. Agreement with ACRD__ lfor Roadway Construction / Sewer and Water Line Improvements for ACHD Project 504002, Overland Road, Topaz Avenue to Cloverdale Road: V/g,1­V Meridian City Council Meeting Agenda — February 7, 2006 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. F. Award Bid and Contract for Meridian Senior Citizen Center Upgrades: G. Permanent and Temporary Easement Contract for the Meridian Joint School District No. 2: 409Z17-VIVV _ H. Agreement (Water / Sewer Assessment) for Candlewood Suites by TQ Properties: r�✓�vyv�c. I. Contract with Irminger Construction for construction of the Waltman Lane Sewer Extension Project: e4r1,P-wvv`r_ J. Change Order No. 1 for the Wastewater Treatment Plant Expansion Project with JC Constructors, Inc.: 0?,0lrov� K. Eagle Road Water Main —184 to Franklin Project, Chance Order No. 1 and No. 2: a/p',,"Wlf-- L. Approve Bills: AW12-''O""'-e' Department Reports: A. Planning Department I. Set Dates for Public Hearings on: 5--2-046 Public Hearing: CPA 05-001 Request to Amend the Future Land Use Map of the Comprehensive Plan for Approximately 50 acres from Medium and Low Density Residential to Mixed Use -Regional, by the South Eagle Road and Victory Road Property Owner's Alliance — Land at or near the northeast and southeast comers of South Eagle Road and Victory Road: — Public Hearing: CPA 05-002 Request for a Comprehensive Plan Map Amendment to change approximately 11.79 acres from Office to Mixed -Use Community by Conger Management Group — 675 and 715 South Wells Street: 2. Budget Amendment Report: a"Pldyt, vut, 3. Discussion of EI Gato Right of Way Vacation: 4�0/2-r­vre— J-/� -/,o ��A-W_ PI D k( B. Police Department — Lt. Bob Stowe Meridian City Council Meeting Agenda — February 7, 2006 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • 1. Discussion of Pawnbroker Ordinance: �, •�, � WA 6"- ��� C. ' Pus/®c 1. "�_�i ... of n .... rni t to Faffle Geode Ell mHnanew- 9,04R,f'e- O,74 I/ ll'n.t /h /�-r-ta �- ate.i �� j r D. Mayor's Office ogPimary 37 Zoo -a4 Av, Ckerrry . 1. Appointment of Eric Oaas to MDC Board: . '-A00 /a"'r 7. Items Moved from Consent Agenda: azo" 8. Pre -termination Hearinq by Kelly Krommenhoek, 2735 W. Higan Street: 4201"wet �V v n.t*t by Z-10-00 9. Request by Idaho Youth Ranch to Waive Fees for a Ordinance Variance Request: 10. FP 05-074 Request for Final Plat approval for 3 building lots and 1 common area lot on 12.01 acres in a I -L zone for Weed and Pest Control Campus Subdivision by Ada County - south side of East Pine Avenue and west of Locust Grove: 11. FP 05-082 Request for Final Plat approval of 53 single-family residential building lots and 9 common lots on 15.32 acres in a R-8 zone for Hollybrook Subdivision by Hollybrook, LLC - 3265 North Curt Drive and 540 East Ustick Road: a797r+o&,Z 12. FP 06-001 Request for Final Plat approval of 81 single-family residential building lots and 13 common lots on 29.13 acres in a R-4 zone for Tustin Subdivision No. 1 by Dyver Development, LLC - northwest corner of McMillan Road and North Locust Grove Road: V -W-, 13. FP 05-076 Request for Final Plat approval of 310 residential building lots and 49 common lots on 88.09 acres in an R-8 zone for Messina Meadows Subdivision No. 1 by Briggs Engineering, Inc. - west of Eagle Road and north of Amity Road: &,,-, 14. Continued Public Hearing from January 17, 2006: CPA 05-004 Request for a Comprehensive Plan Amendment to amend the text and future land use map of the 2002 Comprehensive Plan for the North Meridian Area and to expand the area of city impact boundary: Meridian City Council Meeting Agenda — February 7, 2006 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 15. Public Hearing: RZ 05-020 Request for a Rezone of .17 acres from R-4 to O -T zones for operation of a barber shop for Fred's "Reel" Barber Shop by Fred Pratt—1127 North Meridian Road: g#,- ,r„ 16. Public Hearing: AZ 05-056 Request for Annexation and Zoning of 6.08 acres from RUT to TN -R and 4.07 acres from RUT to C -C zone for Harks Canyon Creek Subdivision by JBS Enterprises, LLC — 1845 West Franklin Road: Cfviz -1-v 9— 77—e6 17. Public Hearing: PP 05-058 Request for Preliminary Plat approval of 29 residential lots, 7 commercial lots and 7 common lots on 10.15 acres in proposed TN -R and C -C zones for Harks Canyon Creek Subdivision JBS Enterprises, LLC —1845 West Franklin Road: cv'7.6 �;. 1v ;-7—A6 18. Public Hearing: CUP 05-051 Request for a Conditional Use Permit for a mixed-use development within 300' of a residence for Harks Canyon Creek Subdivision JBS Enterprises, LLC —1845 West Franklin Road: C�.75 we• /-- .7— 7-194 19. Public Hearing: AZ 05-052 Request for Annexation and Zoning of 7.87 acres from R1 to C -G zone for Sadie Creek Promenade Subdivision by Landmark Development Group, LLC — 3055 North Eagle Road: Cari75% /,k, 2-21-06 20. Public Hearing: PP 05-053 Request for Preliminary Plat approval of 24 commercial building lots 15.33 acres in a proposed C -G zone and an approved C -G zone for Sadie Creek Promenade Subdivision by Landmark Development Group, LLC — 3055 and 3085 North Eagle Road: -,AV Z"24,06 21. Public Hearing: CUP 05-049 Request for a conceptual Conditional Use for retail, restaurant, drive-thru and office uses in a proposed C -G zone and an approved C -G zone for Sadie Creek Promenade Subdivision by Landmark Development Group, LLC — 3055 and 3085 North Eagle Road: 710 Z — 2 (,0 L 22. Public Hearing: VAR 05-022 Variance Request to Allow a Vehicular Access Point to Eagle Road / SH55 for Sadie Creek Promenade Subdivision by Landmark Development Group, LLC — 3055 and 3085 North Eagle Road: Air., 23. Public Hearing: VAR 05-027 Request for a Variance to UDC 11-3.H requirements for access to State Highway 69 for Meridian Gateway by White -Leasure Development Company —1601 South Meridian Road: Crh rw /b 2 —Z1-0 6 24. Ordinance No. 8�1,6 AZ 05-046 Request for Annexation and Zoning of 31.72 acres from RUT to R-4 zone for Estancia Subdivision by Gemstar Development, LLC —1990 East Amity Road: Meridian City Council Meeting Agenda — February 7, 2006 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 25. Ordinance No. L'� V1 — 12 / I'- AZ 05-042 Request for Annexation and Zoning of 9.63 acres from RUT to R-8 zone for Medford Place Subdivision by Dyver Development, LLC - 3335 South Eagle'Road: 26. Executive Session per Idaho State Code 67-2345(1)(c) (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): 49&�, Meridian City Council Meeting Agenda — February 7, 2006 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting February 7, 2006 The regular meeting of the Meridian City Council was called to order at 7:10 P.M., Tuesday, February 7, 2006, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Shaun Wardle, Keith Bird, Charlie Rountree and Joe Borton. Others Present: Ted Baird, Will Berg, Ann Canning, Len Grady, Bob Stowe, Ron Anderson, Steve Siddoway, Jaycee Holman, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X X Joe Borton X Keith Bird Mayor Tammy de Weerd De Weerd: Good evening. I will go ahead and call the City Council regular meeting to order. It is Tuesday, February 7th. It is ten minutes after 7:00. Again, welcome this evening. We will start with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Item No. 2 is the pledge of allegiance. We will be led tonight by our resident Boy Scout Mr. Dave McKinnon. If you will all rise and join us in the pledge. (Pledge of allegiance recited.) Item 3: Community Invocation by Pastor Kevin Moyer, with Meridian First Baptist: De Weerd: Item 3 is our community invocation. Tonight we will be led by Pastor Kevin Moyer with Meridian First Baptist. If you will all, please, join us in the community invocation or take this as an opportunity for a moment of silence. Pastor. Moyer: Our Heavenly Father, tonight we will, first of all, just thank you for the great sunshine of the day. So much appreciate the way you grace us here in our fair land and we are thankful for the privilege of gathering tonight, Father, as we look at the different business at hand, thankful so much for the wonderful leadership that you have given to our city, our Mayor, our Council, and tonight as they have to hear and look at many different issues that are so dear to the hearts of each one here, would ask for great wisdom tonight, discernment, just be able to think through the issues clearly, render a decision, Lord, that would be best. Ask your blessing upon each of the agenda items tonight. Just watch over, cause this to be a wonderful process that you have blessed us with in this fair land. We ,are grateful people for the freedom we have and the joy of Meridian City Council February 7, 2006 Page 2 of 90 gathering like this and though there may be disappointments or excitements tonight, Father, we would recognize how blessed we are. Thank you and ask your blessing upon all the activities in Jesus' name we pray, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, pastor. Okay. Item No. 4 is adoption of the agenda. Mr. Bird. Wardle: Madam Mayor? De Weerd: Oh, wow, you threw a wrench in this one. Wardle: Changed it up on you this evening. De Weerd: Mr. Wardle. Wardle: I have one change to the agenda. Item No. 23, staff has recommended that we continue this item to February 21st. Item No. 24, Ordinance number will be 06- 1213. And Item 25, Ordinance number 06-1214. With those changes I move that we adopt the agenda. Bird: Mr. Wardle, before I second that, we have also been requested -- I'm song I didn't get to you — under Item C in Department Reports, Mr. Silva is not here, but Mr. Rountree would like the Public Works Department to give a report on the water main breakage. Is that not right? Rountree: Correct. Bird: If that's okay with you, motion maker. Wardle: Motion would incorporate Item C, Public Works, information on water main break. Yes. Bird: Okay. Then, I will second that. De Weerd: Okay. The motion is to approve the adoption of the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of January 17, 2006 City Council Regular Meeting: Meridian City Council February 7, 2006 Page 3 of 90 B. Approve Minutes of January 24, 2006 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: MI 05- 014 Request to terminate a Development Agreement for Casper Management by Casper Management, LLC — 7.32 acres south of Overland Road and west of Meridian Road: D. Water Main Easement Agreement for Lakeview Golf Course Maintenance Shed: E. Agreement with ACHD for Roadway Construction / Sewer and Water Line Improvements for ACHD Project 504002, Overland Road, Topaz Avenue to Cloverdale Road: F. Award Bid and Contract for Meridian Senior Citizen Center Upgrades: G. Permanent and Temporary Easement Contract for the Meridian Joint School District No. 2: H. Agreement (Water / Sewer Assessment) for Candlewood Suites by TQ Properties: I. Contract with Irminger Construction for construction of the Waltman Lane Sewer Extension Project: J. Change Order No. 1 for the Wastewater Treatment Plant Expansion Project with JC Constructors, Inc.: K. Eagle Road Water Main —184 to Franklin Project, Chance Order No. 1 and No. 2: L. Approve Bills: De Weerd: Okay. Item 5, Consent Agenda. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we adopt the Consent Agenda as published and for the Mayor to sign and clerk to attest. Bird: Second. Meridian City Council February 7, 2006 Page 4 of 90 De Weerd: Okay. Motion to approve the Consent Agenda. If there is no discussion, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Planning Department 1. Set Dates for Public Hearings on: Public Hearing: CPA 05-001 Request to Amend the Future Land Use Map of the Comprehensive Plan for Approximately 50 acres from Medium and Low Density Residential to Mixed Use -Regional, by the South Eagle Road and Victory Road Property Owner's Alliance — Land at or near the northeast and southeast comers of South Eagle Road and Victory Road: •- Public Hearing: CPA 05-002 Request for a Comprehensive Plan Map Amendment to change approximately 11.79 acres from Office to Mixed -Use Community by Conger Management Group — 675 and 715 South Wells Street: De Weerd: Thank you. Okay. Item 6 under Department Reports, we will begin with our planning department, Item A-1. Canning: Madam Mayor, Members of the Council, a couple of months ago we had a number of Comprehensive Plan amendments forwarded up from the Planning and Zoning Commission. A couple of them had requirements that they also submit a concurrent development application with them. So, we have been holding them. We had decided that you would set a date specific for those tonight or by tonight. So, we have been in contact with both the project leaders or applicants on those applications. One of them we have received, it will be heard by the Planning and Zoning Commission in mid March, and the other one we anticipate will be done -- will be in by this next cutoff, so it would be heard in April. So, you could set them over to the first meeting in May, would be probably an appropriate date if you wanted to keep them on the same date. If you wanted to move one of them up a little bit, you could probably do it mid April. But May should get both of them. Did that make sense? De Weerd: Council, any questions for Anna? Rountree: I have none. Makes sense. Meridian City Council February 7, 2006 Page 5 of 90 De Weerd: It makes sense. Okay. Do you need a motion? Canning: Yes. You need to set them to -- whatever the first hearing date would be in May. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we set the hearing dates for Items 6-A for May 2nd, 2006. Borton: Second. De Weerd: Okay. There is a motion to set the Public Hearing dates on CPA 05-001 and CPA 05-002 for May 2nd, 2006. Is there any discussion? Okay. All those in favor say aye. Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. 2. Budget Amendment Report: De Weerd: Item No. 2. Anna. Canning: Madam Mayor, Members of the Council, I have prepared a memo and asking for a proposed fiscal year '06 budget amendment. Since about last fall we had noticed an enormous increase in the amount of activity we were seeing. We anticipated it would slack off as the winter months approached. It did not. It has continued to gain momentum. I did get a chance to go back and look at all our 2005 numbers. We have had a 41 percent increase in the number of applications we processed from fiscal year -- or from calendar year '04 to calendar '05. We are desperately in need of help of another associate city planner. What I have asked for is a budget amendment of 45,370 and that would be for the seven months of salary and the supplies and equipment needed to staff that person to meet some of that need. I did go through -- I gave you a lot more details on the kind of projects we are seeing and the increases. Our certificates of zoning compliance that we typically do for multi -family and commercial have increased about 171 percent over our 2004 numbers. So, we are seeing very rapid rise in the complexity of the projects that we see. They are bigger. They have more lots. They are more complicated. And also just in the sheer number of applications that we are processing. I don't take this budget amendment lightly and I don't think -- I don't want you to think that I do. I know that the City of Meridian likes to run lien and mean, but -- I think I used this joke before. Right now we are pretty anorexia and we need some help. So, as I discussed this with my Council liaison, he was concerned that I be able to provide some benchmarks. So, what I did is I went back to the 2005 numbers, which was a pretty good year. We were running busy, but not so busy that we felt constantly overwhelmed. So, it seemed like a good benchmark Meridian City Council February 7, 2006 Page 6 of 90 year to go by. And -- '04. Sorry. '04. And I looked at how many planners we had actually processing applications -- this is largely related to processing the development applications and kind of what those worked out to be per planner and I have provided those in the memo. Just as a -- as an idea, in 2004 we were processing per planner final plats and preliminary plats combined about 1,000 lots per planner. Right now we are processing over 2,000 lots per planner. And in 2003 it was 1,781. We had a few more people working on them in 2004, so -- so I would suggest that those benchmarks I provided to you, I can get those numbers fairly easily for the Council each year and we can compare the staffing levels to those benchmarks, but I need some help. De Weerd: Mr. Wardle. Wardle: Madam Mayor, Council, one of the things that -- when Anna and I discussed this amendment to the budget, the first thing for us to realize and the thing that we have heard from financial report is that certainly the money is in the development services budget. So, our discussion was really not whether the city could afford this position, but how best to understand where it fit, especially being that it was not asked for when we did the budget for this year. The thing that I asked Anna to provide -- and she did an excellent job of -- is my concern would be that this would be a -- really, a raised base within the budget for the department, but is based on an increase in volume of applications. And to give the Council a mechanism at budgetary time to address the number of staff which process the applications and somehow allow us a benchmark if those applications do fall off, to request a reduction in staff, which I know isn't something that happens a lot in governmental agencies, but I think given the history of Meridian and our fiscal responsibility, something that we could take into account with the information Anna's provided. De Weerd: Council, one other thing that I would like to stress is it's not only the number of lots per planner, it's a commitment to assuring our community development and that it develops in a -- develops to the vision of the Council and the direction that we are setting and to the quality standards set that we desire in meeting many of the goals that we write into our Comprehensive Plan and that future long-term planning aspect. As we have embarked over the last year, year and a half, on Blueprint for Good Growth and Communities in Motion, it has taken a large amount of staff time above and beyond the lots per planner and I would like to remind you that assuring the quality of our community as we develop is just as important and this extra staff member is sorely needed. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Anna, can you answer kind of a quick question for me? From your memo what you -- what you had written, from my perspective, making reference to how many planners and staff Ada County has or Boise city has or other entities have, at least from my perspective, isn't persuasive. It might be a knock on those other entities. Not Meridian City Council February 7, 2006 Page 7 of 90 necessarily any praise on us, other than the fact that it is a lean ship here, I don't doubt that. Can you comment briefly on what Mr. Wardle mentioned about setting these benchmarks and, then, to the extent future development and plats decrease below those that there, then, be a corresponding reduction in staff? Because I do agree that once these things grow, they don't shrink. Canning: Yes, sir. I won't go into the other city part, I'll just answer your last question, okay? The benchmarks -- I think when Mr. Wardle and -- or Councilmember Wardle and I spoke about it, it was -- I could give you a number of benchmarks related to that and we could look at them on a yearly basis to see, you know, if one of them fell off, but the others were still high, that was something that Council could consider and to look at all of them kind of in consort and that's why I have given you five of them that we are not just being tied to one. One may rise and one may fall, but that I can provide those -- I purposefully selected numbers that were easily accessible from our data base that I can provide the Council on a regular basis, so if it's -- you have the authority when it comes to the budget. If I can provide these numbers and that's certainly your option to decrease staff and I would agree that some of those other staffs are high, but when mine are a fraction of what they are and we are doing half the work for the whole county, I think it does -- it is somewhat persuasive in that sense, so -- De Weerd: Thank you, Anna. Any other questions? Rountree: I have none. De Weerd: Okay. Council, what is your desire? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I would move that we accept budget amendment from the Planning and Zoning Department for fiscal year 2006 to be reviewed -- the specific position for fiscal year 2007. Rountree: Second. De Weerd: Okay. Motion to approve the budget amendment. Any discussion? Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. 3. Discussion of EI Gato Right of Way Vacation: De Weerd: Item 3. Meridian City Council • • February 7, 2006 Page 8 of 90 Siddoway: Thank you, Madam Mayor, Members of the Council. This item was brought to us by the Mayor and asked to be brought to the Council -- forwarded to the Council for some discussion, as just an item of concern and general discussion to see where we want to go from here. The EI Gato Subdivision was an application from last year. It was at the Planning and Zoning Commission between April 21st and August 18th of last year and on September 6th of last year, the Meridian Council approved it. The applications for EI Gato did include an annexation, a preliminary plat, and a vacation application. The vacation was for some additional right of way along the north side of the railroad that is unopened ACHD right of way that does not currently have a road there. They, then, since have made their application to ACHD and the ACHD hearing on that vacation is to be held on March 1st. In the interim, since this was approved, the city has taken an application in this area for Bryce Canyon Subdivision. The Bryce Canyon Subdivision application was subsequently withdrawn. However, as we were processing it and writing staff reports, the staff had discussions with the parks director Doug Strong about the pathways in this area. The Comprehensive Plan shows a pathway that I'm pointing out with the laser in this area, but it was determined that for Bryce Canyon this alignment didn't follow any natural features, it really didn't make a whole lot of sense specifically on the ground as they determined where that should go. There is a drain that runs through the site here called the Perdham Drain. That Perdham Drain extends north and crosses right adjacent to that right of way in the EI Gato Subdivision. It was determined -- and this would, actually, be the preferred route for that pathway to take. So, the question tonight is whether the city should stand by its approval of the vacation, as was done last year, or whether we should reopen the matter for additional consideration and take these concerns forward to the Ada County Highway District.. And with that I will stand for any questions and discussions. De Weerd: Council, questions? Okay. We are looking for your direction on how best to approach this. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Question for Steve. So, what you're suggesting is that we maintain that right of way for a pathway or can we consider the pathway as part of the development of the subdivision? Where are you going with the request to reverse the previous decision? Siddoway: I'm not specifically requesting to reverse it. We may, actually, choose to stand by the decision that was made and that would be fine also. But there is a connection that would run along that Perdham Drain and allow that connection to be made more seamlessly if the right of way were not vacated. It would -- if the -- if the right of way were not vacated, the lots that were preliminary platted in that area would not be able to be final platted. They would -- those lots would, basically, be removed from the plat. Now, there is another option that I believe Joe Guenther, our planner, also spoke with Scott Beecham to discuss the possibility of placing an easement along Meridian City Council • • February 7, 2006 Page 9 of 90 the back of those lots, but that easement would just run along the back and could be exercised by the parks department at some future date should they choose to put a pathway there at some other time. The project representative is here. I know this is not specifically a Public Hearing, but if you wanted to gauge its impacts on the project per se, they are here. De Weerd: I guess, Mr. Attorney, I would ask you procedurally would that be appropriate for the developer to comment at this time or would it be best to notice it as such, so that we could have that public discussion? Baird: Madam Mayor, Members of the Council, it would be in your discretion to accept his comments just for purposes of perhaps finding solutions short of having to reopen the matter to reconsider the condition of approval. Legally, the condition of approval requires them to submit the application for vacation. If we are going to do something other than that, you would have to re -notice and come back to reconsider that decision. But I guess I'm suggesting that since he's here and there is word that there might be some proposal that would solve the problem and not require you to reopen the matter, it might be worthwhile to hear from him tonight just for that purpose. De Weerd: Okay. Council, any opposition? Okay. If you will, please, state your name and address for the record. McKinnon: Thank you, Madam Mayor, Members of the Council. Dave McKinnon, 735 South Crosstimber. We have gone down this road for awhile now and the application is coming up in a couple weeks. We don't have a problem putting this into an easement. ACHD -- I just talked with Gary just for a second there. We have gone down so far right now that we'd prefer just to go ahead and have the vacation happen, place the property in an easement. We can put the fence just right where that right of way line is. That would preserve the corridor and at some point in the future a pathway could be developed there. That way ACHD's vacation could happen, we would be able to transfer property ownership from ACHD to the subdivision. Part of the vacation is this land would be traded for some of the land that we are going to be deeding over to ACHD. Rather than ACHD pay us for the right of way, we are trading land. They are giving us some of their right of way and, then, we are going to give them some of the right of way. So, that's part of the reason we wanted to move forward with this. That was a condition of approval from the city to vacate that right of way. ACHD required that in their staff report as well. We think that this would, actually, solve the problem for everybody if we just go ahead and fence this portion off, rather than put our fence to the property line, put it here. We can work with Doug Strong at your parks department to go ahead and figure out a way to make that pathway easement work. Of course, we will have to change our final plat a little bit. This is the note right here that I'm highlighting that shows the instrument number for the vacation. We can change that over to an easement note that says for future pathway use. So, we can work that out with Doug Strong in the future if you'd like and we have no problem doing that at this time. And that way we can avoid having to go through all the re -noticing and having to vacate a condition of approval for a vacation. Meridian City Council • February 7, 2006 Page 10 of 90 De Weerd: Thank you. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Steve, refresh my memory on this application. Did the parks department at the time of application comment on that specific pathway opportunity? Siddoway: I do not believe so. During the public hearing process it was not envisioned that a pathway would cross this property. It was seen as off site. De Weerd: And there have been a series of other events in other parts that have kind of led to a realignment. Any further questions from Council? Bird: I have none, Mayor. De Weerd: Okay. Mr. Baird, I guess my question to you would be what is the best avenue to move forward? Baird: Madam Mayor, if the proposed solution -- Madam Mayor, Members of the Council, if the proposed solution is acceptable, we have a commitment on the record from the representative that they would enter into -- well, basically, we would probably have them enter into an agreement with us regarding putting that particular property into an easement for pathway purposes, make sure that anybody who is buying those lots know that it's a non -buildable portion of their lot and it will be for purposes of a public pathway outside of their fence. So, we can move forward based on your direction tonight, if that's your desire. De Weerd: Okay. So, a motion is in order. Baird: If that's your desire. And Steve's got his mike in his hand. I might take the opportunity to make sure that they believe that this solution would work. I suggest we get his opinion as well. Siddoway: Madam Mayor, Members of the Council, yes, I do, with just one comment. With the rear setback for buildings being 15 feet from the rear property line, there could conceivably be a situation where the pathway would be five feet off someone's -- back of their house. That said, if we just -- and we can deal with this through the final plat process, because this application still will come through for the final plat, but if we could get the rear setbacks maybe measured from the easement, rather than from the rear property line, then, that should take care of that concern. De Weerd: Okay. Meridian City Council • February 7, 2006 Page 11 of 90 McKinnon: Madam Mayor, Members of the Council, we are agreeable to that. De Weerd: Okay. Thank you. Okay. Do I have a motion from Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I guess maybe some clarification from Mr. Baird. We are not moving to change our decision in any way, so do we need to -- what would we do -- just directions to staff? Would that be sufficient? Baird: Madam Mayor, Members of the Council, Councilmember Wardle, that's correct, your decision in the EI Gato matter stands. They are going to go through with the vacation, but once the property is in their ownership and prior to final plat, they have agreed to put it into an easement with us. So, the motion would be to direct staff to work with the applicant to gain that easement. I would be most comfortable if we had a very short MOU, just so we have it in writing, basically taking your motion and getting the signature that things are going to work that way. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: With that I would move that we direct planning and legal staff to address a memorandum of understanding between the City of Meridian and the applicant on the EI Gato Subdivision right of way to address a path and an easement for that path. De Weerd: Do I have a second? Rountree: Prior to final platting? Wardle: Prior to final platting. Rountree: Second. Borton: Inclusive of Mr. Siddoway's comments on setbacks? Wardle: Yes. De Weerd: Okay. Any further discussion or help with the motion? Okay. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Meridian City Council • • February 7, 2006 Page 12 of 90 B. Police Department — Lt. Bob Stowe 1. Discussion of Pawnbroker Ordinance: De Weerd: Thank you. Item 6-13, our police department. Lieutenant Stowe. Stowe: Good evening, Madam Mayor and Members of the Council. What we have here is an ordinance that regulates pawnbrokers. What it, essentially, does is eliminates the wording of our current ordinance and the proposed ordinance pretty much mirrors what the city of Boise has for their pawnbrokers. The reason that we need a new ordinance is, number one, to clean up a lot of language, but also we have a new system in which we retain records and that with what's called the Leads On Line system, in which the records from the pawnbrokers can be electronically transmitted to the police station or the police department and we are able to go through those records in a much more timely fashion than we had been in the past. It also requires pawnbrokers to take another form of identification in the form of a thumb print, too. So, at this point I don't know if we are in the proper readings or what, but this is open for discussion at this point. De Weerd: Council, have you had a chance to review the draft that's in front of you and do you have any questions at this time? Rountree: Just a comment, Madam Mayor. It's a great opportunity to eliminate at least seven or eight pages of current ordinance, so I think that's the right direction. De Weerd: I know. They don't get paid by the word. Rountree: No. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I agree with Mr. Rountree, but I also think this is one that we probably should have some public input on. You're playing with a business and people's livelihood. I think we probably won't have anybody come, but at least we are opening it up, like we have on other ordinances that have this kind of -- Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: If I can — I believe our -- my discussion, at least during the agenda setting, was that the police department had had discussion with the businesses of this sort in Meridian and Lieutenant Stowe, did they have specific comment on the ordinance? Meridian City Council is is February 7, 2006 Page 13 of 90 Stowe: Actually, yes, we have. There is two pawnbrokers here that we have been in contact with. They are both very agreeable to this. This also does bring into line some - - it brings into line some federal regulations, too, as far as retention of records that we are requiring the pawnbroker to now maintain in regards to firearms transactions. That was not in the previous ordinance. De Weerd: Okay. Wardle: And Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: Mr. Baird, this would come forward with the normal ordinance form and we can certainly allow public comment. Bird: Yeah. Baird: Madam Mayor, Members of the Council, Councilmember Wardle, that's correct. It's on your agenda tonight purely for discussion purposes. You have the option to direct that it come back with your normally three readings or you can direct that it come back with the suspension of the rules. If you do decide to have more than one reading, you can direct at which time you'd like to take public testimony on -- on the matter. De Weerd: We can certainly make sure that the businesses that would be affected were specifically notified. Thank you. Okay. If Council would so desire, we can put this on an agenda, if that's your direction. Rountree: Do you need a motion? A general consensus let's get it on the agenda? De Weerd: Yes. Baird: Madam Mayor, question for clarification. Do you want the normal three readings on this one, because of the public notice, or is one time, one hearing, with suspension of rules going to be adequate, since you have already had it up tonight on a published agenda? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I have no problem with doing it that way and I was the one that brought it up and Lieutenant Stowe has been in contact with the existing businesses. They had no problems with it, so I don't see any reason why we have to do that. De Weerd: Okay. Meridian City Council • February 7, 2006 Page 14 of 90 Rountree: One time. De Weerd: Yes. So, we will go ahead and instruct staff to put it on a published agenda for a Public Hearing and we will take action at that time. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: One question. In the ordinance it talks about the nonrefundable application fee, which will be set by Council, obviously, at a later date. Is there -- do you have information about the cost to the department to implement this ordinance and monitor this? Is there a rough guesstimate of what additional expenses or time -- Stowe: Well, there was an enhancement, I believe, on this. However, I do have here Detective Taylor, who has been working with the pawnbrokers and working on this ordinance for the past eight months. He may have more information regarding fees and costs. De Weerd: Detective. Taylor: Currently, we had provision in our enhancement for a budget of 2,100 dollars for this program. The original was about a 500 dollar initiation fee on starting the program and, then, 1,600 dollars a year after that. At this point there is no cost to the pawnbrokers, other than the licensing fee for their business. Everything will be paid out of our budget in the next year, so as long as we have the program and we will pay for it, so -- De Weerd: And that licensing fee already exists; correct, Mr. Berg? Berg: Madam Mayor, yes, we do have a one hundred dollar fee for that license. De Weerd: Thank you. Any questions for Detective Taylor? Rountree: No. Thanks. De Weerd: Thank you. Okay. We will go -- go ahead and move forward and set this for an agenda. B. Public Works Report — Water Main Break — Len Grady De Weerd: Item C was amended to have a Public Works report on the break of the water main here in Old Town. Meridian City Council • February 7, 2006 Page 15 of 90 Grady: Last week -- Madam Mayor and Members of the Council, last week we had a 30 year old class 160 water line break. The water department was notified about 6:30, showed up at 6:45, shut the valves off. Basically, 7:30 they began dewatering and noon it was, essentially, dewatered. It was a ten foot long piece of pipe and we are going through the system now to see if there is other potential problems in the system. So, I think they responded quickly all accounts are. I think they did a pretty good job. De Weerd: And I know, Len, that Councilman Rountree will be making comment on this, but when I got back in town last night I have never seen so many e-mails from citizens with such a positive note to an incident like this. I certainly appreciate the responsiveness of the water department and -- okay. I won't steal your thunder. Sony. Rountree: Thank you, Madam Mayor. Len, please express to Rick and the folks in the water department of what a terrific job they did. As the Mayor indicated, I have received and I think the rest of the Council have received copies of e-mails and letters from the folks that were impacted about what a great job the city did in terms of accommodating their needs for water, getting the problem remedied in a hurry, getting their issues taken care of with their lawns, their sidewalks, and those sorts of things, cleaned up to where they were probably as good, maybe even better than before the break, to and including getting the road patched almost immediately. So, again, kudos to those folks, they did a great job and are a credit to the city and the city's efforts for customer service that we have undertaken for a number of years and to me that's -- that's a perfect example of doing the right thing for our customers. And I really do sincerely appreciate it. Grady: Thank you very much. I will pass that on to Rick and Brad. De Weerd: And what Len didn't express was that's 6:30 a.m. Rountree: Yes. De Weerd: So, appreciate that. And also ACHD. They were very much a part of the solution as well, so thank you for that report. D. Mayor's Office 1. Appointment of Eric Oaas to MDC Board: De Weerd: And last of our department reports you have in front of you some information on the appointment that I would like to make to our Meridian Development Corporation board of Eric Oaas. Mr. Oaas is a partner in Oaas Laney -- is a partner in the Double D project and I have served with Mr. Oaas on another board and he brings a wealth of experience, knowledge, and certainly tenacity that I would ask for your approving of this appointment to the MDC board. Rountree: Madam Mayor? Meridian City Council Is February 7, 2006 Page 16 of 90 De Weerd: Mr. Rountree. Rountree: I would move that we approve your nomination and recommendation for appointment of Eric Oaas to the MDC board. Bird: Second. De Weerd: Thank you. And his term would be through 2007. Mr. Berg, what month is that? Is that April? Yeah. August. So, he is replacing Linda Rupe, whose term expires typically in August of 2007. And so his appointment would also serve through the end of that term. So, I have a motion and a second. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: De Weerd: There were no items moved from the Consent Agenda. Item 8: Pre -termination Hearing by Kelly Krommenhoek, 2735 W. Higan Street: De Weerd: So, Item 8, 1 will tum this over to staff. Jaycee. Holman: Last Tuesday January 31st, was the day before our scheduled shut off day, which is Wednesday, the 1st, and we had one of our customers come in at about -- it was either 20 to 5:00 or a quarter to 5:00 on Tuesday evening, wanting to make some form of payment arrangement or do something to not have the water shut off on Wednesday morning. At that time I was not able to accommodate the customer, because the list had already been sent over to the water department and had already been routed to the different drivers. So, at that time the customer asked me if there was anything she could do beyond my answer and so I felt compelled to let her know that we did have this process to — the request of a pre -termination hearing, because that is printed on our delinquent notices. So, at that time she -- from what I could understand from what she was saying, she was not able to pay any of the past due balance on her bill until February 10th, which is this coming Friday. And so she had requested a pre- termination hearing, I guess, as a solution to her problem. So, Madam Mayor and Council, that's as much as I can say on her behalf. I believe she's here and I -- her name is Kelly and I really don't how to say your last name correctly, Kelly. So, if you want to -- De Weerd: Okay. If you would like to come forward. Baird: Madam Mayor, before we move forward, could we get on the record the amount of the delinquency and when that was due? Meridian City Council February 7, 2006 Page 17 of 90 Holman: Yes. The total amount of the delinquency was $56.15 and that would have -- that was from the December 20th billing and it was due by January 5th. So, it was past due on the 5th of January. And so when the January 20th bills went out, that amount was the past due, which sent -- a delinquent notice went out saying that they had to pay by 2:00 o'clock on the 31 st of January to avoid shut off on the 1 st of February. De Weerd: Thank you. Thank you. If you will, please, state your name for the record. Krommenhoek: Kelly Krommenhoek. De Weerd: Thank you. Krommenhoek: This is my first time attending one of these meetings, so I apologize, I'm not sure what you would like me to tell you. What the clerk has said is accurate. It was my mistake not coming by the deadline of 2:00 o'clock. I -- in a rush to see what the date was I simply looked for the date, I did not note the time on there. I simply assumed it was by the end of the business day. I work nights and had slept that day and so I got up and came in as quick as I could to take care of the matter. De Weerd: Thank you. We are fairly new at this, too. I think we have only had one in my term on Council and Mayor, so we are not used to this either. Council, do you have questions for our citizen or -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: You had indicated that you came late to try to take care of the matter. What were the arrangements that you were proposing? Krommenhoek: I was wanting to extend the time to take care of the delinquency to February 10th. Borton: Madam Mayor? De Weerd: Yes. Borton: Question for Mr. Baird. What's the standard on these -- on a pre -termination hearing? What's the discretion, role of the Council? Baird: Madam Mayor, Members of the Council, Councilmember Borton, in the Meridian Code Section 9-1-21, subsection B, it does provide the right to request a pre -termination hearing. It describes it, that it shall be a fair and impartial hearing on the record and, basically, it doesn't give anymore specifics beyond that. What we have determined is it's the opportunity for the customer to make their case -- you know, if a mistake was Meridian City Council ® • February 7, 2006 Page 18 of 90 made, to get those facts out and to have you make a determination. All that it says is that the decision must in writing and that the water -- once a hearing is requested the water won't be terminated until you have made your written decision and we also have to advise the customer of her right to appeal, according to the Administrative Procedures Act. Borton: Does the appeal right, then, prevent the shut off as well? Baird: That's correct. Borton: Okay. De Weerd: Thank you. Any other questions from Council? Bird: I have none. De Weerd: Okay. Any further comment? Krommenhoek: The only comment that I would make is that having water in your home is as essential as having heat, as having electricity, as having the other essential utilities that we all have in our homes and that having five children in our home -- other utility companies are willing to work with customers in times of hardship and we do have the intent to pay the account in full, as we have in the past, and I would ask for some leniency in this matter, so that we might continue to have water in our home until we can pay the bill, which, again, I just asked for an extension until this Friday, three days from now, February 10th. Holman: Madam Mayor and Council, if I can interject here for a second. We do have, within the billing department, a form -- a city form that's called an arrangement form in which a customer can -- they have to come in in person and they have to sign the form and we work with them and make payment arrangements, so that this doesn't happen, because people do have situations like this. In this case it was too late on Tuesday, I would have had to have called out in the morning a driver that it was already routed to and if it was only one customer that really wouldn't be a problem to radio out one call, but we get I would say at least 50 calls, 60 calls, probably, on shut off day. We had 206 on the shut off list. So, every person that I had said no to, this particular lady I really would have liked to have said yes to and said, okay, I understand, it's just I have a difficulty saying yes to this one when I have said no to everyone else and we have to be fair and we have to treat everyone equally, in my opinion. Unless, I'm, you know, directed to do something else. So, in this particular case — I mean she was very kind and very nice to deal with, I just couldn't at that point radio it out to the water department in the morning, it causes a lot of confusion, so -- but we do have arrangement forms in which we can work things out with customers, so they can make these arrangements, so-- Meridian City Council 40 February 7, 2006 Page 19 of 90 0 Krommenhoek: And, again, I apologize for missing the deadline like that. It really was my fault that I did not note the time listed on the bill. I, in my hurry, was just looking for the date and that's -- you know, it was in the large block letters. I noted the date and put it aside and was hoping against hope, I guess, that something would happen between the time I looked at that and that day, that I would be able to pay that bill. And it didn't and because I was not aware of the time due to my own fault, I did come in late that day. De Weerd: Well, we appreciate you being here tonight. Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: In light of these comments and for what it's worth, the risk of having a bunch of pre -termination hearings, go down that slippery slope, I think Mrs. Krommenhoek should have until Friday at 5:00 o'clock. I don't see any problem with it. I'd move that she be afforded that additional time, consistent with Meridian's ordinance that allows that. Bird: I second. De Weerd: Okay. Council, we have a motion on the floor. Any discussion? Rountree: Madam Mayor, just a point I'd like to make on these issues, is that I understand the hardship that you have without water. The delinquency list for unpaid bills to the City of Meridian runs somewhere between 30 and 90 thousand dollars a month. That's the kind of thing that we are looking at and that's revenue to the city that we need to operate the city. So, your piece of that is forgivable, but on the big picture it is an issue for the city and that's why we have in place the ordinances we have. So, just to put it in perspective. But I agree with what Councilman Borton has said and just wanted it on the record that it's not a small issue for the city. Krommenhoek: I appreciate that and I appreciate also your understanding. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: While I certainly agree with the comments and the importance of those bills, just to clarify for me, you mentioned five children at home. Ages range from? Krommenhoek: Fifteen. Thirteen. Nine. Six. And three. Wardle: Makes it easy for me. Thank you. De Weerd: It's easy for you. Meridian City Council February 7, 2006 Page 20 of 90 Rountree: Not so easy for her. De Weerd: Thank you for joining us. We do have a motion on the floor. Mr. Berg, I will ask for a roll call. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 9: Request by Idaho Youth Ranch to Waive Fees for a Landscape Ordinance Variance Request: De Weerd: Thank you for coming. Okay. Item No. 9. 1 assume this is Anna's item. Request by Idaho Youth Ranch to waive fees for a landscape ordinance variance request. Canning: Madam Mayor, I believe that the applicant is actually making a presentation before you. I don't believe it's me. De Weerd: Okay. I'm song. I was out of town when they set the agenda, so -- Canning: And I'm a little concerned, because no one is standing up. De Weerd: Is there a representative here for the Idaho Youth Ranch? Canning: Okay. I guess I will be making the presentation. De Weerd: Either that or we can table this until next week. Canning: Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we table this item until the applicant can make arrangements with the city in scheduling at a regularly scheduled meeting of City Council. Borton: Second. De Weerd: Okay. Motion is to delay this until the -- Berg: Want me to contact them? De Weerd: Yes. Meridian City Council February 7, 2006 Page 21 of 90 Berg: Okay. De Weerd: Until Mr. Berg can call and get it scheduled. Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 10: FP 05-074 Request for Final Plat approval for 3 building lots and 1 common area lot on 12.01 acres in a I -L zone for Weed and Pest Control Campus Subdivision by Ada County — south side of East Pine Avenue and west of Locust Grove: Item 11: FP 05-082 Request for Final Plat approval of 53 single-family residential building lots and 9 common lots on 15.32 acres in a R-8 zone for Hollybrook Subdivision by Hollybrook, LLC — 3265 North Curt Drive and 540 East Ustick Road: Item 12: FP 06-001 Request for Final Plat approval of 81 single-family residential building lots and 13 common lots on 29.13 acres in a R-4 zone for Tustin Subdivision No. 1 by Dyver Development, LLC — northwest comer of McMillan Road and North Locust Grove Road: De Weerd: Okay. We have Item 10 through 15 as -- or, I'm song, through 13 as final plats. Anna, can these all be dealt with together or do we need to deal with them separately? Canning: Madam Mayor, Members of the Council, 10, 11 and 12 you could deal with as one item. They are ready to go. With one note that the Hollybrook Subdivision that the applicant has submitted a letter that we agree with those statements made in that letter and the final plat order will reflect that, if that's the way the Council chooses to go. De Weerd: Okay. Council, do I have a motion on Items 10 through 12? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Items 10 through 12, FP 05-074, FP 05-082, and FP 06-001. Borton: Second. De Weerd: Okay. I have a motion and a second to approve Items 10 through 12. Any discussion? Mr. Berg, will you call roll. Meridian City Council S February 7, 2006 Page 22 of 90 Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 13: FP 05-076 Request for Final Plat approval of 310 residential building lots and 49 common lots on 88.09 acres in an R-8 zone for Messina Meadows Subdivision No. 1 by Briggs Engineering, Inc. — west of Eagle Road and north of Amity Road: De Weerd: Okay. Item 13. Anna. Canning: Madam Mayor, Members of the Council, the Messina Meadows final plat is before you tonight and the applicant has requested a change from the approved preliminary plat. The preliminary plat showed the Ten Mile feeder as being tiled through the property. The area of concern is here on the north boundary. They are now requesting that that be left open. This is something that needs to be approved by Council specifically. So, we are -- have opened up the hearing for you tonight to consider that request. If the Council chooses to go that way, we recommend that an additional condition of approval be added and that would be that -- I have a revised staff report. I didn't give it to you before, because I wanted to know which way you were going. If you choose to approve it as being open, then, I do have a revised staff report that adds the following condition: If the City Council waives the requirement to cover the Ten Mile canal, then, the landscape plan needs to reflect the landscaping requirements of the North Meridian Irrigation District and fencing standards for linear open space products as listed in Unified Development Code 11.3.A7.A7 and 11.3.A6.B1. So, if -- and what that basically says is that it needs to be fenced off with an open fence and that -- and, then, to meet the other fencing standards of North Meridian Irrigation District. And we wrote this in the effort to keep this on the agenda. It may need some wordsmithing there, but we did try and keep this on the agenda for tonight. The applicant does have a presentation on why they would like to keep that open and, then, I do have a section -- although this says typical drainage swale, I believe that this was intended, actually, for the Ten Mile feeder detail. So, I conferred beforehand and this is the appropriate detail. So, it would probably -- I would recommend that Council accept some testimony from the applicant on this issue, if that's appropriate. De Weerd: Okay. Before we ask the applicant to come forward, Council, do you have any questions? Bird: Not at this time. De Weerd: Okay. Rountree: Do we have to move to reopen the hearing? De Weerd: Mr. Baird, we don't need to move to open any kind of Public Hearing? Meridian City Council February 7, 2006 Page 23 of 90 40 Baird: Madam Mayor, Members of the Council, the way that this has been presented, it's a modification of a final plat. What's going through my head -- and maybe I'd like to have an open discussion here with Anna. Are we really -- since the final plat is supposed to be merely checking for compliance with the preliminary plat, aren't we really needing to modify the preliminary plat and would we need to set a hearing on that? Or is this the type of thing that neighbors don't need notice, that there wouldn't be surprise -- I mean it's a matter of degree, I think, and I'm not familiar enough with the application to make that decision, but I wanted to raise the topic, maybe decide how to go with some direction from Mrs. Canning. Canning: Madam Mayor, Members of the Council, in the Unified Development Code we laid out some specific parameters for me to judge whether something was in substantial compliance. I would say that as proposed, even with an open ditch, this is still in substantial compliance with the approved preliminary plat. It still meets my standards. There is no additional lots. There is no additional development proposed. The open space is the still same. It's just change in nature from a grassy area to a water feature. So, in my mind this still substantially complies with the preliminary plat. And we have raised these issues before at the final plat level and because you see it so early in the process, this -- we do have an opportunity to workout some of the bugs between the preliminary plat and the final plat. But I do believe that it's appropriate for Council to make this decision now. It does say it needs to be made by Council. It does not say it needs to be made by Council at the preliminary plat stage. It leaves the option for it to be done at this stage. Bird: Madam Mayor? De Weerd: And I believe that this was discussed during the preliminary plat. It was open at that time and, then, it was closed and now it's open again. Mr. Bird. Bird: We -- Anna's right, we have done this several times on a final plat and I don't see -- if you feel comfortable with it, why we -- I think we should make a decision tonight and have it open -- Baird: So Madam Mayor? De Weerd: Yes, Mr. Baird. Baird: In answer to your original question, with that clarification, you would not be having an actual Public Hearing, but you would be hearing information from the applicant that would help you make your decision tonight. De Weerd: And just for the record, there is no neighbors out there yet. But if you will, please, state your name and address for the record, I would appreciate it. Johnson: I'm Greg Johnson. I reside at 1280 East Pienza in Meridian, Idaho. Meridian City Council February 7, 2006 Page 24 of 90 De Weerd: Thank you. Johnson: This is inaccurate. This is an existing fence and there, actually, will be a 12 foot access along there for the Boise project, who it is -- it is their canal. So, this fence exists and, then, there is 12 feet that will be -- at this point in time it's proposed that that be graveled and we have proposed to pave that for a walking path. But I guess I have a question with Anna. Existing code requires that we fence this side for safety reasons, that we put a wrought iron fence on this side to keep access out of the canal? Canning: That's -- I believe so. We can look it up. Johnson: Okay. This dotted line represents the canal running at maximum flow. De Weerd: At what depth? Johnson: It's approximately two feet deep at maximum flow. Its normal flow would be about six inches. This -- because of the development in this area, this Ten Mile feeder is very little utilized and would be very little water in there. We would request that with these slopes that we -- you know, grass to the water's edge and that be able to be mowed and it really is more of a -- we'd like to consider it an amenity. It's six inches of water that kids could wade in if they wanted to. We do have swimming pools in the area, so that they can go swimming. But on a hot summer day it doesn't appear to be dangerous to me. Now, the biggest reason we are asking not to tile this ditch is because of the shortage of concrete, there is currently no 54 inch concrete pipe available in the valley. We would not be able to get this made in time to get this installed before water comes into the canal and, therefore, it very -- it would delay this portion of the project until next fall if we were to tile it. We fought long and hard with Boise project that it did not need to be a 54 inch tile. A 30 inch -- 36 inch tile would have been more than adequate for what currently the flows are, but they do have the right to flow this much water through it and they are not going to allow us to tile it with something that would be able to be bought, because it would be existing in the yards of pipe suppliers at this time. De Weerd: And they have no objection to a water amenity with a pathway next to it? Johnson: As long as they have access to drive along and maintain the canal, we would actually maintain this area, but they have the right to drive through and make sure their water is flowing. They do not have an objection to that. Nampa -Meridian has some requirements that we will comply with where it dumps -- this canal flows over to the Ridenbaugh and dumps into the Ridenbaugh and we will have some concrete structures there that will keep that flow from eroding into the Ridenbaugh Canal. That portion of the Ridenbaugh is currently cement. De Weerd: Do you have this in writing? Meridian City Council February 7, 2006 Page 25 of 90 0 Johnson: I have the letter from them saying that we will need to take care of that. De Weerd: I don't mean to sound skeptical, but we have seen changes before. Johnson: That's correct. De Weerd: Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Greg, you say -- and it says in your letter they want a 54 inch and I understand why, because I'm sure at times -- and I think that sometimes these new subdivisions -- we are tiling too much stuff and, then, when we do have a rainy -- like we have had the last month or so, they plug up and so an extra large one, you got to worry about the 100 years flood plane, so -- Johnson: This is a live canal, though -- Bird: I'm for leaving it open, personally. Johnson: Yeah. Okay. This is a live canal, not a drain, though. Bird: Yeah. It is. And I agree with you. Johnson: There wouldn't be drain water flowing in there. I would also like to at this time discuss the donation of the park as a city park. I know we have discussed this a couple times in your packets. I submitted a design for the park -- Baird: Madam Mayor. I hate to interrupt, but we should probably notice that up for discussion, since it hasn't been properly put on the agenda. It's your discretion to certainly discuss when that would happen, but I caution you against proceeding, that this hasn't been duly noticed and we do have a very long agenda tonight. De Weerd: Okay. Thank you, Mr. Baird. We will do one item at a time and, certainly, if you would like to put that on an agenda, we will get that scheduled. Johnson: Okay. De Weerd: Okay. Johnson: That's all the comments I have on the Ten Mile feeder. De Weerd: Okay. And we do not need that as a final plat discussion, do we or -- or, Anna, do we? Do we or do we? Meridian City Council • February 7, 2006 Page 26 of 90 Canning: Madam Mayor, Members of the Council, if the question is do you need to know for sure if that lot will be a park -- city -owned park lot, I don't believe you do. De Weerd: Okay. So, we can notice it separately just as an agenda item. So, if you will work with the clerk's office on getting that done. Okay. Council, any further questions? Anna? Canning: Madam Mayor, the applicant asked if it was a requirement to fence it. I wasn't able to look up everything I needed to in the short amount of time. I believe the way the condition is written it just says you need to meet our requirements and you need to meet North Meridian Irrigation District requirements. So, I think that gives us some flexibility to work with the applicant. I'm not concerned with the way it's written. I think we are okay and if the applicant's okay, then, be happy to work with them. De Weerd: Okay. Does that work for you? Johnson: If we are required to by code or Nampa -Meridian or Boise project requires us to, we will be glad to put a wrought iron fence there. De Weerd: Okay. Johnson: If we do the pathway will not be usable as part of the walking path. It would be fenced off from public access. De Weerd: Okay. Thank you. Council, I would need a motion on this item, Item 13. Bird: Madam Mayor, can I ask a question of somebody? Does anybody recall requiring fencing -- maybe, Mayor, do you remember? I don't remember ever having us require fencing on a canal or something. This is a canal. It's not a drain ditch. We didn't on the Ridenbaugh with — which I wasn't involved in it or -- Charlie's probably the only one, but they didn't require that. There is a lot of backyards that are fenced, don't get me wrong there, but we didn't -- that wasn't one of the requirements of fencing it. What do you think, Anna? I mean I know you and Ted were trying to find it, but -- Canning: Just offhand I think that part of the confusion is that when lots back up to it, now we do require an open fencing if there are lots, so that there is some visibility on that and I think that we were -- this was a last minute thing for us and we are really trying to accommodate this, but I think we didn't have time to think through it quite clearly, in all honesty. We were a little rushed. We know that sometimes North Meridian Irrigation District wants it fenced. So, I think that the condition is trying to get at the fact that the applicant needs to meet their requirements and our requirements, too, but if we don't require one, we won't. I mean I like to see these left open as features when at all possible. So, I think there was just the mind set of houses versus an open space lot. So, we will work on it. Meridian City Council February 7, 2006 Page 27 of 90 Bird: Yeah. Because I don't -- excuse me, Madam Mayor. I don't recall us ever saying you got to fence down this canal. Now, you know, we have required houses that backed up, they have had fencing and stuff like that or complete subdivisions. But I don't think we have ever said, you know, you got to go down the lane to Timbuktu ditch. De Weerd: Mr. Bird, the only instance I recall is down in the Calderwood area and the neighbors had wanted the fence to go on the other side of the pathway and they wanted it to be a solid fence. Bird: Right. Because it was light there. De Weerd: So -- but I think that was a condition of approval. I don't know if it was per ordinance or per neighbor request. So, we can leave that at the staff level to work out with the developer. Bird: Yeah. Let's do that. De Weerd: Do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item 13, FP 05-076, and to include staffs comments and developer's commitment to meet all requirements for open canal both for the City of Meridian and Nampa -Meridian Irrigation. Bird: Second. De Weerd: And that would include any fencing requirements to be discussed at the staff level. Wardle: And staff level approval. De Weerd: Okay. Thank you. Any further discussion? Rountree: I just didn't see Anna jump at that motion, so I guess the language is still all right. Canning: Madam Mayor, Members of the Council, if it's -- if the wording I read to you seems to address those specific concerns with a little more clarification -- but I think that the staff report with the conditions of approval could be substituted for the -- in the Findings you have, so that you could sign those Findings tonight or whenever it is you sign those Findings. I think those will suffice for Finding. That was all. So, I think we are okay. Meridian City Council • February 7, 2006 Page 28 of 90 De Weerd: Okay. Thank you. If there is no further discussion, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 14: Continued Public Hearing from January 17, 2006: CPA 05-004 Request for a Comprehensive Plan Amendment to amend the text and future land use map of the 2002 Comprehensive Plan for the North Meridian Area and to expand the area of city impact boundary: De Weerd: Okay. Item 14 was continued from January 17th and Mr. Rountree is reclusing himself. Recusing. Rountree: I'm not reclusing myself, I'm -- De Weerd: You're reclusing -- you're reclusive. This item was continued to accept additional testimony from ACRD, to allow response additionally to the ACHD comments I will tum this over to staff. Canning: Madam Mayor, Members of the Council, I'm going to just start off with what I would propose as a way to continue this Public Hearing tonight. You can certainly comment on that and change if you'd like. But what I would propose is that I will hand it over to Mr. Siddoway to go through the ACHD comments and respond to those, in that the first hearing we -- staff presented a number outstanding issues. We have since updated that. That list is before you. The first page is a are ones that you had going into the first Public Hearing, so those have not changed. What we did was add four additional ones to kind of summarize the Public Hearing that you heard that night. Many of them were kind of regarding groups of people testifying about the same thing. So, that's why four of those come up before you tonight. And, then, we can -- you can move forward from there. But I just wanted to point out to you that you do have that list of -- you have the ACHD comments with Steve's response, which he will go through shortly, but you also have a list of outstanding issues before you from the last Public Hearing. And with that I will hand it over to Mr. Siddoway. Siddoway: Madam Mayor, Members of the Council, thank you. This item was continued at the last hearing to allow ACHD time to review the proposed policies and the circulation map and provide comments on it. Those comments were received and you should have a copy of them. I have added my own notes to that. I will run through them briefly. The first one suggests that instead of adding roadways to an arterial list in the text, that we have been trying -- to keep it updated with the correct functional classifications. They are recommended referencing the most up to date functional classification map and we would agree with that and, in fact, proposed that at the last hearing as one of the changes that staff does support. Similarly, the second item talks about specific changes to the list of road projects and instead of making changes to the Meridian City Council February 7, 2006 Page 29 of 90 U] table to try and keep the road projects list current in the Comp Plan, I would propose that we simply delete the table and amend the text to reference the appropriate documents. The next item talks about McMillan Road. McMillan Road is in the center of the north Meridian area. It has been talked about for several years as a community oriented transit boulevard. The discussion of such came up during the original north Meridian area planning process when Mr. Wardle was bringing it through. ACHD simply points out that the road is constrained to three lanes. It's not likely to become a major arterial and that Ustick may be a more appropriate corridor for transit. I would also point out that there are -- there are many commercial activities that have been recently approved along McMillan. I think that the designation as a community oriented boulevard should likely stand, but we could add the note that Ustick is also an appropriate corridor for future transit. And I do know that in Valley Regional Transit's six year funding plans, they do incorporate transit along Ustick. So, I think it is an important note to say that we need to accommodate transit along Ustick, but given the direction that -- and the discussions in the past with Council about McMillan, continuing the idea of McMillan as a more community oriented boulevard may make some sense. The next one talks about pedestrian safety and as currently written the policy would suggest that -- that pedestrian crossings should be accommodated at the quarter mile and the half mile locations. ACHD rightly points out that those pedestrian crossings need to only occur where there is a signalized intersection, especially on an arterial, which are typically five lanes. I would recommend that we change our policy statement to reflect ACHD's comments on that matter. On the next page they get to the auto circulation map specifically. They have two specific changes that they would request and as staff we would support both of them. The first is that west of Black Cat Road there is a collector stub that should be extended north to the north property line to the extent of the area that we are proposing to take in as Meridian area of impact. So, this line should be extended up as a preferred collector route. Similarly, on the east side of Black Cat that one would also be extended north up to the north boundary of the proposed area of impact. Staff is supportive of both of those additions. The next -- the last two are raised more as questions. The first is a question to ask. On this collector map there is no collector shown mid mile from Ustick north between Ten Mile and Black Cat. And they ask if we believe one would be needed there. Staff does not believe one would be needed there, because of the wastewater treatment plant that exists in that area. The last one talks about the lack of collectors in the very southwest comer of the proposed area of impact near Can Ada Road and Ustick. There is a short collector stub in this area that could certainly be extended further into that section. The reason why it was not continuous is because if you look on the land use map, this area is intended for very low density and it was not anticipated that a full collector would be needed. However, we could certainly extend that into the -- further into the area to provide access to the future neighborhood center activities here. We could also show one from the south down to Ustick that would stub in much like all the existing ones in this area that would bring traffic down to Ustick in that area. Those -- that summarizes the issues raised by the Ada County Highway District and our staff response to them. You do have them there in writing and I would stand for any questions. De Weerd: Council, any questions for Steve? Meridian City Council i February 7, 2006 Page 30 of 90 Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Steve, on the -- north of Chinden between Linder and Ten Mile -- Siddoway: Yes. Borton: -- is that a collector that you go to the area of impact boundary as well? You reference the other two. Unless I'm looking at that wrong. Siddoway: Right in here? Borton: Yes. Siddoway: Is this the location, Mr. Borton? Borton: Yes. Siddoway: There is already development in here. I believe that's -- is that Spur Wing? Yeah. Spur Wing and Spur Wing golf course is already developed in that area and so that one would not extend through that project. De Weerd: Okay. Any other questions? Okay. At this point we did keep the Public Hearing open for the ACHD response and to also accept any public testimony that was also in response to the ACHD document. Is that correct, Council? Baird: Madam Mayor that was my recommendation. I do recall Councilmember Borton was a little concerned about that restriction and so I think the way we left it was we made it clear that everyone who had testified had been heard on the record and would not need to repeat that testimony tonight. But I just -- I don't think that we specifically limited it only to the ACHD report. Am I correct in that recollection? Borton: That's what I thought. De Weerd: Okay. Anna, did you have additional comment? Canning: I do have the motion here, if you'd like me to read it back. Mr. Wardle moved that we continue the Public Hearing to February 7th and Mayor de Weerd said the motion is to continue this to February 7th to receive the transportation related report. Then, the motion was carried, so -- De Weerd: Certainly, Council, you can entertain public response to the ACHD report and any new testimony would be entertained at that time as well. Sound good? Okay. Is there any public who would like to offer testimony in regards to the ACHD comments Meridian City Council February 7, 2006 Page 31 of 90 40 that the City of Meridian received? If so, please, come forward. Sir. And after this comment, I will ask for any new testimony, if you were not able to testify during our last Public Hearing. If you will, please, state your name and address for the record. Endicott: Madam Mayor, Councilmen. It's Herb Endicott. 1450 West Ustick, which is the northeast comer of Linder and Ustick. De Weerd: Thank you. Endicott: The way the plan has been going, they have been putting a lot of commercial buildings in the middle of the mile. I'm a retired electrician and most of the signals from Overland to State Street I installed and if you will remember correctly, they were installed on one mile increments, except at -- where the freeway was. When that was first put in the traffic moved real well. There was, you know, signals at an hour -- at a mile apart and the traffic moved real nice and, then, you started putting businesses in and putting signals within a half mile or even closer than that when you get down to Eagle where they go into Eagle there at the river and it really impedes the traffic flow. It's nothing like it used to be. I would like to see the comers on one mile stations be commercial instead of in the middle. I think it would be a lot safer for the students that's going back and forth to school. That Sawtooth school is within a quarter of a mile of Linder and Ustick. There is no sidewalk. The kids have to walk on the pavement or right on the shoulder and there is no barrow pit when you get down to my property. The shoulder has been widened for the kids. There is no barrow pit. The water runs into my field and it — cars pull over to the side, kids have to step off, they are up against a fence. It's just not safe to do things the way they have started doing it. I'd like to see the commercial use going to the comers and it would make it a lot easier to get in and out of traffic. Where I live I have lived there for 33 years and in the past the kids could go out and bicycle about anytime of the day, you could get out on the road. The last four or five years I'm glad my kids are growed up, there is no way I would let them ride up and down that road, except for maybe an hour or two in the middle of the day when there is not much traffic as there is in the morning and the evening. It's just to the point now that you cannot get out on the — close to those intersections. They are going to have to put signal lights in. When you put -- a developer develops the comers and whatnot now, the county has them put in money for a signal and that's a good thing. And we do need signals on the one mile comers and that is where we ought to have all of our commercial developments. Keep them out of the middle of the one mile stretches, because, then, you end up putting more signal lights in impeding traffic. And we just heard that they want to make Ustick a major traffic route. That's one of the things that I'd like to see done. Thank you. Any questions? De Weerd: Thank you. Any Council? Thank you. Okay. I do have a sign-up sheet and if I call your name and you would like to provide testimony, if you will step forward at that time. Sherry Ewing. You can come up anytime you want. Joan Frath. If you will, please, state your name and address for the record. Meridian City Council February 7, 2006 Page 32 of 90 Frath: Madam Mayor and Councilmembers, my name is Joan Frath. F -r -a -t -h. And I live at 631 Lawndale Drive, Meridian. De Weerd: Thank you. Frath: But the property that I am speaking about is located at 1680 West Ustick Road, Meridian. It's on the northwest comer of Ustick and Linder. The same area that the previous gentleman, Mr. Endicott, was talking about. I'm the personal representative for my dad's estate and his name was Warren Watson, Senior. In the last probably three plus years since my dad has passed away, we have made numerous attempts to rent the property. I have talked with many many people. They love the property. They want to rent the house. But when they -- after they have looked at it and they are standing around outside, they are very concerned about the traffic. It's too loud. There is too much traffic. They don't want their kids out there. It's my understanding that we are currently zoned transition slated to go residential in the Comprehensive Plan. I would like to see that changed to commercial or commercial slash mixed use. If we don't change that we are going to be in a position where we virtually are going to have a very difficult time selling our property. It is currently for sale. However, nobody wants to build residential on that road. Tonight I was on the property and going home at about a quarter after 5:00, our driveway, as you pull out, you almost get killed every time. People just run you down from that comer. And as I headed south back into town to my home, I counted 32 cars lined up at 5:15, then -- and they were heading north at the comer there at Ustick and Linder and there were at least as many on the other roads at that intersection. It's just my opinion that that -- based on the amount of traffic and based on the fact that nobody wants to live directly on that comer or any comer, for that matter, then, the use for that should be commercial or commercial and mixed use. Any questions? De Weerd: Council, any questions? Bird: I have none, Mayor. De Weerd: Thank you. Frath: You're welcome. De Weerd: Okay. Wanda Butler. Butler: Good evening. De Weerd: Good evening. Butler: My name is Wanda Butler. I live at 526 West Blaine Avenue in Nampa. But I am here speaking as my sister did on my dad's property at 1680 West Ustick and I can tell you right now I moved up from Houston -- that comer frightens me. I cannot get out of there. Fortunately, my dad built a nice wide driveway and I have become very adept Meridian City Council February 7, 2006 Page 33 of 90 at turning around, so I can drive out of that driveway, rather than trying to back out. It is absolutely the most unsafe thing I have ever seen. And I would request that you seriously consider, as Mr. Endicott requested and as Joan requested, that those comers become commercial -- commercial slash mixed use. It just makes more sense for safety and viability along that corridor. Thank you. De Weerd: Thank you. There is a Hugh Endicott or Elliott or -- okay. Herb. David Cadwell. Cadwell: David Cadwell. My address is 1412 East Lewis in Boise. I'm working with Mr. Endicott. I'm the developer working with him on his property. Bruce Poe spoke a couple weeks ago with regards to the development that we are looking to do out there. The one thing that really attracted us to that site initially was just how connected it was to the Treasure Valley and, then, hearing the comments about how Ustick is planning to be a main arterial, it makes it even better. But I mean if you look at Ustick, how that ties into, really, the central part of Boise through north Meridian on out to Nampa -Caldwell and just how well it connects those areas, in addition to Linder and how that's the next bridge crossing, obviously, west of Eagle, that can take you into Eagle, Star, Middleton, and those areas. De Weerd: I guess it depends on if Ustick in Boise is three lanes or five lanes. Cadwell: Well -- and if it is five lanes, it definitely would be a lot better, yeah. Anyway, what we were looking at doing is some service oriented office type uses, with a retail component out front. On all cases it really would be geared towards the user, like the office user who wants to service the Treasure Valley as a whole. You know, like real estate offices, title companies, mortgage offices, those type of users that really need that access, exposure, accessibility to the Treasure Valley. And, then, the retail component is really some of the quick service type retail users. Like your take -and - bake pizzas, your drycleaners, your take-out food for whatever reason, you know, you're prepared meals that you can get on your way home when you're running late, and those type of uses, which I think are pretty significantly different than the type of uses that will end up in the neighborhood commercial down the street halfway -- about a half mile east of us. It just seems like for a neighborhood commercial to be successful, it has to be really geared towards the destination oriented type users, whether that's office or retail. It really has to be a place that people want to go spend time and they want to go to, they want to sit down, go to the restaurants. After the restaurant, walk up to the coffee store, the coffee store or the ice cream store or, you know, any variety there, but it's not something that you try to stop quickly on your way home. So, I think we are really gearing ourself towards a different tenant mix and different synergies than what's provided -- or could potentially be provided in the neighborhood center. Questions? De Weerd: No. Thank you. Cadwell: Thanks. Meridian City Council February 7, 2006 Page 34 of 90 De Weerd: Ty Sindon. Sindon: Madam Mayor, Members of the Council. I'm a neighbor with the Endicotts. De Weerd: If you will also, please, state your name and address. Sindon: Oh, yeah. I'm Ty Sindon and I'm at 1515 West Ustick Road and that's the southeast comer of the intersection they are talking about. De Weerd: Thank you. Sindon: Okay. I agree with everything that they are saying, that the traffic along that corridor, if you want to call it that, Ustick Road is just terrible. They say it backs up 30 some cars. It backs up — it backs up a mile — it backs up a mile to -- if you're on Linder -- I mean if you're on Ustick at that intersection, it backs up to Meridian Road and further. So, that's more than 33 cars. I mean that sucker flat backs up. And it backs up the other way. And so we are sitting in our driveway and like my grandson says: Oh, no. Traffic. But -- so, you know, I think commercial probably would be a good idea on those comers because of the traffic. I can't — I have a hard time seeing anybody living residential right -- right on those comers. But I'm not a planner. I thought I was a planner. Everyday I wake up and I say should I try to sell my property residential or should I try to sell my property commercial? And I'm just tired of that. You know, every day I'm just going -- I'm looking in the minor. I'm not a planner. I retired -- I'm an aviation planner, but I'm not this kind of a planner. And this is a more dynamic process and i appreciate everybody that's involved in this, because this is a really dynamic process and it's something that I was pretty naive about. So, I support the -- some commercial on the -- and support my neighbors on that intersection. One kicker is that I'm just a few dollars away from accepting an offer from a developer who is residential and there is a developer that's developing — or is going to develop -- where is that intersection? Baird: Use the mike, sir. Sindon: Right here? Baird: Use the mike. Sindon: They make me nervous. De Weerd: You can pull it out of the stand. Baird: Like a rock star. Sindon: Get down. Okay. This developer — this is my property right there. Southeast corner. The Kelloggs three properties to the east of that. Two of those brothers have signed offers. The third one is in the process. And I'm the ten acres on the comer, Meridian City Council February 7, 2006 Page 35 of 90 about to accept an offer from a developer and he's a residential developer. So, I don't know what that does. But that is an extremely extremely busy intersection. Have you all been there about 5:00 o'clock? De Weerd: I would say depending on what time and how much time you have to sit through that four way stop, depends on how long the cars seem to sit there. So, if you're in a hurry, the cars are two miles long. Sindon: Okay. That's all I have. De Weerd: Thank you, sir. Chris Penland. Do you also live on that comer? Penland: I don't. De Weerd: Thank you. Penland: But I am speaking to it. De Weerd: Thank you. You need to wait and talk into the microphone. I'm sure glad we made this transportation related testimony. Penland: My name is Chris Penland and my address is 250 South 5th Street, Boise, Idaho. Madam Mayor, Members of the Council, I'm here in support of converting 1450 West Ustick to mixed use community. Last year the City of Meridian requested Thornton, Oliver, Keller, commercial real estate, to conduct a market study of the existing and planned retail space in Meridian. To assess the market we analyzed the retail expenditures in Meridian, which is the household spending, divided by retail square footage. Now, higher retail expenditures indicate a lack of retail supply. The result of our analysis highlighted a significant market discrepancy in Meridian. Total expenditures was 680 dollars per square foot or 131 percent above the average in the Treasure Valley. This indicates there is insufficient retail supply to service the existing population of Meridian. More importantly, it explains that residents are spending their money outside of the area. The typical retail tenant is 1,200 to 1,500 square feet. And here in the survey, acquire availability in the north Meridian area of 1,200 to 2,000 square feet. You have the same one in your packets and it's empty. There is no space whatsoever for the average tenant. The result, this lack of supply is a function of economics. There is a shortage of retail space and this shortage has pushed prices to valley -wide highs at Ustick marketplace. While Starbucks and other national corporations may be able to pay this, 90 plus percent of your local tenants cannot. In the context of Meridian's Comprehensive Plan, this site compliments the neighborhood commercial to the east. Various commercial sites have different characteristics. It is not like comparing apples to apples. This intersection is an inherently different site from neighborhood commercial or the intersection at McMillan and Linder. For example, there are four directions of traffic present and 40 percent more traffic than the planned neighborhood commercial to the east. This allows tenants to require intersections that has the increased traffic, exposure, and customer counts to locate in the north Meridian Meridian City Council M February 7, 2006 Page 36 of 90 area and service that population. This does not distract from the neighborhood commercial, but, rather, compliments it and provides a convenience owing to location, as opposed to the destination nature of neighborhood commercial. This City of Meridian has generally slated high traffic intersections and every intersection along Linder Road for commercial applications, except for Ustick and Linder Roads. This is a viable commercial site with 63 percent more traffic and potential customers than McMillan and Linder. Furthermore, it will have a higher lane count and signalization prior to that intersection. From a practical standpoint, residential development may be challenged here. Ustick and Linder Road has 76 percent of the traffic counts of Highway 20-26 and Linder, 76 percent of the traffic of a high traffic, high speed corridor. Placing any residential development directly adjacent to this type of activity may not be in the best interest of the city. Lastly, allowing for commercial applications at this intersection would be smart for growth and provides a buffer to congestion of traffic and families. Thank you so much. De Weerd: Thank you. Council, any questions? Bird: I have none, Mayor. De Weerd: Okay. Thank you. This is a Public Hearing and those are the names that were signed up to testify. Is there anyone else who would like to provide testimony at this time? Okay. Mrs. Ewing? Okay. Mr. Turnbull. Turnbull: Madam Mayor, David Turnbull. 12601 West Explorer Drive in Boise. It's apparent that we are not talking just about transportation issues today; is that right? De Weerd: It became very apparent, didn't it? Turnbull: I didn't plan on saying anything — De Weerd: But the Council opened the door, so -- Turnbull: Well, if you're going hear it — I didn't plan to testify today, but there is some things that have been said here that I think have some merit and some that, in my opinion, probably need some further discussion. I wanted to point — could you zoom back in on that last slide, Anna? Anna would probably kill me, but I happen to agree in part that this is inappropriate for residential development here. If you take a look at this little comer down here and see that little — whatever it was, five acre parcel that has a cul-de-sac with an access road that's too close to the arterial, it doesn't work very well. And this was done a number of years ago. It's not what you want to see on those comers. However, just throwing up more commercial zoning without some kind of -- well, let's just say style on every comer through here I don't think is what the city is going to want to have either and I, actually, discussed this with Anna just a week or so ago about maybe these are areas that are ripe for the TN -C zone. If you're going to allow those comers to be -- to go to some kind of commercial, then, maybe they ought to be held to some kind of a standard that would be architecturally and other respects Meridian City Council February 7, 2006 Page 37 of 90 an amenity to the city. So, while I agree that those are inappropriate for single family residential development, I think that they maybe need to be stepped up and not just more toad stool offices just placed on every corner, because you're going to have a glut of those and I think that it's an opportunity to let those comers ripen and provide some real unique and mixed use development -- mixed use residential development in those areas. That's unsolicited testimony, but I think that the one fear that I have for Meridian city is that as it grows, that the growth be done right, that it be done appropriately, that it's something that's attractive, that, you know, Meridian city doesn't have a design review process and heaven knows we don't want to add a lot of bureaucracy to the city processes, but there needs to be some mechanism and maybe it's the TN -C zoning that provides those kind of standards that will give Meridian city the kind of commercial development at those comers that it would desire. Any questions I would be happy to answer. De Weerd: Council, any questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: On this particular intersection is a TN -C option practical, in light of the fact that this is already residential or -- Turnbull: On this comer? Borton: Yeah. The one that we have been talking about. Turnbull: Well, right now you have just got a designation at that comer. There is nothing that actually exists there right now. That's just designated for residential. I don't know what's the designation on this comer right here. Residential. I know that Anna is pretty specific about wanting to maintain the viability of that neighborhood center there and I think that that's a valid concern that you need to address, but I don't think what you want to see is something like this little cul-de-sac right here being replicated on this comer up here. So, it's going to have to be some kind of combination of commercial and high density residential in my view that you could probably do within the new TN -C zone; is that correct, Anna? No? You can do both in the TN -C; right? Canning: Yes, you can, but it wouldn't -- you mean if it were changed to a mixed use designation? Turnbull: Well, yes. Canning: Yeah. Turnbull: There is a minimum of six acres to a TN -C zone, I believe. Is that right? Meridian City Council • . February 7, 2006 Page 38 of 90 Canning: Yes. It's six. But if you did all the corners it's -- it's your hearing. I didn't want to get into a back and forth. Bird: Madam Mayor? De Weerd: Thank you. Yes, Mr. Bird. Bird: That northwest comer, we have approved some -- some residential in there, in the northwest. In fact, there was a boundary -- that was the one that had the fence on the wrong boundary or something. Canning: Yes, sir. I believe you're seeing it here. The actual comers have not come in yet. It was this -- this project and this property line are the ones that were in question. Bird: Yeah. Okay. Canning: But one of the gentlemen did testify -- we have seen a pre -app on these two. They are trying to acquire this third. We have also seen pre -application conferences on this property, on this property -- in all likelihood if a developer were to be interested in this area, they would be looking to develop both of these properties and that's typically what we see. We are not seeing many of these five acre ones. They are not -- they don't seem to pencil out for the developer. So, they are combining parcels and coming in with a larger package. So, I don't think that the five acre development is a real concern. Turnbull: Madam Mayor, I would like to add a couple of other things. I think it was Chris Penland from Thornton, Oliver, Keller mentioned the lack of services in this area. Lack of services will -- or the services will follow roof tops. If you go north to McMillan Road there are comers up there that are already zoned commercial. They haven't been built yet, because we haven't reached that critical mass yet to warrant the retail services. I think it was mentioned that this intersection would be signalized, the Ustick - - where did you go? Right there. That this intersection would be signalized first. I, actually, just was in a meeting with ACHD, Frank Varriale and the other two property owners on the other two comers on the McMillan -Linder intersection. We are actually entering into an agreement with ACHD at this time that would improve that intersection and signalize it probably within the next year. So, that one's going to move forward. We are also in discussions with ACHD about McMillan and Meridian Road, working with the school district to signalize that intersection and widen it to the ultimate intersection design and, then, I know Frank Vaniale down on Ten Mile and McMillan is talking with ACHD about the same thing. I think that's the critical part of -- the critical first step in this north Meridian area plan is to get those intersections widened and signalized. I happened to be going to a basketball game at Sawtooth Middle School today, my son was playing basketball, I made the mistake of -- instead of going down Chinden and, then, going south on Linder, I went down Eagle and took a westward route on Ustick and it was backed up a half a mile at the Meridian Road intersection. The Linder Road Meridian City Council February 7, 2006 Page 39 of 90 intersection just had a few cars backed up, but Meridian Road was about a half mile backup. De Weerd: You must have been running late. Turnbull: I missed the first quarter. De Weerd: And it just seemed longer. Turnbull: Thank you. De Weerd: Thank you. Canning: Madam Mayor, Members of the Council, can I make a couple comments on particularly the Thornton, Oliver, Keller study that was done? We did have a study done to see how much nonresidential land use would be appropriate and Thornton, Oliver, Keller did do that assessment for us. Would like to point out that we have provided twice as much commercial designation as that study found appropriate. So, this would be additional commercial designation, twice beyond what they felt was appropriate. We felt that the numbers that came back were low for the area. So, we did put quite a bort more mixed use and commercial designations in the north area. There was also a statement made that every other arterial intersection had commercial on it and that's not true. You can see from the larger map that there are arterial sections that are fully residential and -- or half residential in some cases. And, again, I — we are trying to make a go of that neighborhood center. We have been working to get Venable Lane established as a strong collector. We have been diligently arguing for a denser development at the center of that section, so we can support that commercial development. And you have approved those plans already and we are committed to that. The uses that were proposed for that comer are exactly what we would like to see within that neighborhood center. A pizza place where you can take it home, you know, all those kinds of neighborhood serving commercial uses is what we would like to see there. So, I'll make my pitch for my last mid mile neighborhood center. It's about the only one we have got. We are really trying to make it work. We moved at the urging of individuals like Mr. Turnbull, we have moved almost all of the other commercial comers to the arterial intersections, instead of the half mile, but we are trying to make a go of this neighborhood center and if we pull it all toward the arterials, it probably won't ever work. De Weerd: Anna, I guess I would have a question in regards to -- as we talk, the neighborhood centers and retail, I do know that you did work on what is the appropriate level of retail, but as we also look to balance the dispersement of our traffic and the patterns, where do you foresee employment centers, that employment bases would be attracting to -- I guess help traffic not always just flow to one area of the valley, that you can see a better balance in employment centers. Do you see any employment center opportunities in north Meridian? Meridian City Council February 7, 2006 Page 40 of 90 Canning: Madam Mayor, Members of the Council, I don't know that that was -- I don't recall that that was ever discussed in depth. There are some fairly large office places that could accommodate it. You see there in Paramount. There is a large mixed use designation here. Also on the other side of McDermott Road. Depending on the type of employment base, the wastewater treatment plant would still be a viable area for that And, then, most of this seems to -- on Chinden, because of the narrow depth, though, does seem to be going more retail oriented, although this large property is mixed, could perhaps support some additional employment base. De Weerd: And I guess as we look at public transit corridors and those kind of considerations, I guess those are the kind of considerations I believe we need to take into account, too, and helping capture trips, so they are not all going to one particular area of the valley. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Steve, can I lob a question your way? Some of the remarks by Mr. Cadwell and the citizens here seem to ring true with regard to the traffic issue. Taking the neighborhood center concept away, do you have an idea of just the impact on traffic with mixed use commercial on this comer that we have talked about versus residential? I mean it's horribly backed up now. Do you see the neighborhood center at the mid mile alleviating that or this commercial -- mixed commercial alleviating that or what are your thoughts? Siddoway: First of all, the statements that were made about the traffic backing up along Ustick are true. I travel that way every day and we do have a very strong need for signalized intersections in that area to help that traffic flow. In this new five year work program that ACHD just adopted two, three weeks ago, it does include plans to signalize Linder-Ustick and Meridian-Ustick and we are happy to hear that there are developer initiated advance construction projects on the intersections along McMillan as well. That said, as a commercial generator at that -- if you put commercial property at that intersection, it would be an attractor of trips. Houses are typically the -- looked as the generator of -- the producer of trips and the retail as attractors and they move back and forth. I don't know specifically a traffic count number to throw at you if that area were to go commercial versus residential. The concept of keeping the commercial from the arterial intersections and moving them to the half mile would be that they are still at an intersection here, it's an intersection of an arterial and a collector. By placing them in the mid mile, they are more able to serve all the surrounding residential uses without having to cross the large arterials to get to the various -- the other side of the businesses that might been there. It's also adjacent to the city's largest park, Settler's Park, I believe 56 acres, and could see some benefit there to have services adjacent to the park and the games and things that will be going on there. So, by keeping the turning movements for commercial activities away from the arterial -arterial intersections and locating them on the half mile, it should help those arterial -arterial intersections Meridian City Council 01- is February 7, 2006 Page 41 of 90 move traffic more efficiently, nonetheless, because of the high traffic counts that that's why you have the pressure to develop them commercially. So, I don't know if that fully answered your question. That was my attempt to do so. Borton: No, it -- Madam Mayor? De Weerd: Uh-huh. Borton: It does, you know, but, then, you hear the remarks and discussion of Ustick being a major thoroughfare and it sounds as though regardless of what happens on the comer or the neighborhood center Ustick's going to be packed, quite frankly. Siddoway: That's a fair statement. You still will experience high traffic volumes regardless of whether the commercial activity is here or here. You will still have high traffic volumes along Ustick. It's more a question to me of how well it serves the surrounding neighborhoods. De Weerd: And right now you have traffic backed up, because you have a four way stop sign. Siddoway: Correct. Wardle: Madam Mayor? De Weerd: Yes. Wardle: Just a follow up on that -- on that comment. We heard testimony from Mr. Turnbull that a developer -initiated signalization is happening just north of here. Steve, as our transportation planner, in your experience in the city, have we seen more intersection signalizations funded by commercial developers or have we seen more funded by residential developers in partnership with -- Siddoway: I think we have more funded by ACRD. But I don't know if -- commercial? Commercial developers would outnumber the residential developers for funding signal projects. Wardle: Thank you. De Weerd: I think it all depends. Frank Varriale and Buse are largely residential and they are putting those improvements in as they promised, as they developed Bridgetower Subdivision. So, in north Meridian it's a pretty large balance. Mr. Turnbull also is a residential developer that has some commercial, but in the north Meridian area the people that we see that are stepping up to the plate to fund these on the larger part are residential developers. Is there any additional public testimony? Sir, if you will, please, state your name and address. Meridian City Council • • February 7, 2006 Page 42 of 90 Watson: Yes. My name is Warren Watson, Junior. I am part of the -- my sisters and I, the property on 1680 Ustick Road. I did want to point out one thing or a couple of things, if I might. It looks like what we are trying to create on Ustick Road is, basically, a Cherry Lane again, with the middle of the mile service station and office buildings and that's fine, but you got to realize that the traffic -- not everybody lives there where that service station is now or is going up. The car wash and the service station. And businesses there. So, you're going to have traffic that's from the west converge on that one single service station, that one -- whatever it is on this comer, whatever it is on that comer there at Venable Lane. And you have more traffic than you need right there. And it you look at Cherry Lane, you, indeed, do have the service station in the middle of the anile and you have one on the comer, which, actually, has more traffic at the Maverick, not treating one over the other, than the service station in the middle of the mile. It serves that subdivision very well. And probably people going west. But nobody is going to go east and tum across traffic. So, it really only makes sense for the comers to also be commercial and adopt a plan where the buildings aren't just haphazard, there is some type of architectural quality to them. But I think you can have commercial there and you can have commercial in the middle, just like you do on Cherry Lane. That's all I have. De Weerd: Thank you, sir. Watson: Thank you. De Weerd: Okay. The north Meridian plan is much more than just Ustick and Linder, but is there any additional testimony that the public would like to offer at this point? Okay- Council, do you have any further questions or information needed from staff at this Vie? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Just a point of clarification from counsel -- or from the attorney's office. Mr. Baird, as I remember, as we began this hearing I believe you mentioned that we wanted to accept all public testimony, acknowledge all written testimony, and, then, leave the hearing open for deliberations. Is that your preference? Baird: I believe that's what I said. I think Mrs. Canning has a particular plan outline to deal with the outstanding issues. Did you want to maybe present that at this time? Canning: You do have a list before you tonight. There is about 20 outstanding issues. Would you like to go through them one by one? Would you like for me to recap those issues? I am open to suggestions from the Council as to how they would like to proceed. Wardle: Madam Mayor? Meridian City Council February 7, 2006 Page 43 of 90 De Weerd: Mr. Wardle. Wardle: Council, my preference would be that we go through each of these issues one by one, come to some sort of an agreement or disagreement therein of what we would like to see and at the end of our discussion come with a final plan that the staff can, then, put into writing that will be adoptable and reviewable by the Council. Does that sound like a fair plan for this evening or -- Bird: Fine with me. De Weerd: Sounds good to me. Wardle: Okay. De Weerd: Okay. Anna, we will go through them one at a time. Canning: Madam Mayor, Members of the Council, the first issue is with regard to the north — the southeast comer of McDermott and Chinden. As you will recall, staff gave an update on the issues regarding the extension of the mixed use interchange designation just right here at the comer, to come over and to meet with that low density residential designation and I believe it's Peregrine Subdivision and you heard quite a bit of testimony that way from the property owners and also from Peregrine wanting some sort of buffer. There is a -- there is testimony about a buffer being required as development occurs and whether that would be sufficient, so that was the first issue. De Weerd: Any questions on that? Mr. Wardle? Wardle: Madam Mayor, I don't have any specific questions. I think what we are looking for is to Anna go for some sort of a consensus and, then, move to item two? Is that fair? Canning: Yes. Wardle: Okay. So, I will start with my personal opinion. After hearing testimony from the neighbors -- the residential neighbors and from the developer or property owners, I should say, I heard the willingness for both parties to work together to create a buffer and so I would be in favor of extending that -- that mixed use zoning and incorporate testimony from both sides to work together. De Weerd: Okay. Borton: I agree. Bird: I have no problem with it. Meridian City Council • • February 7, 2006 Page 44 of 90 De Weerd: Okay. Canning: Moving on to number two. The second issue was the future planning for the State Highway 16 corridor. The Planning and Zoning Commission motion to the City Council included the following statement: The City of Meridian supports a collaborative public-private partnership with property owners, the Idaho Transportation Department, Ada County, Canyon County, and other affected parties, to identify preferred alignment for the future State Highway 16 extension. Staff just asked that City Council provide some policy guidance, in particular who would be assuming the lead role. Would we be participating with ITD as the lead or would Council like to see city staff provide the lead? So, just some -- some more information from Council, so that we can flush out that policy statement for future work. De Weerd: Anna, could you tell us what the recommendation of ITD is? Canning: We have not received a recommendation from ITD, although I believe they have started to — maybe Steve can help me out. Have they started work on that, identify that corridor? Yeah. Siddoway: Madam Mayor, Members of the Council, I did a at the same time that I contacted ACHD to submit comments for this hearing, I also contacted ITD, both by phone and by e-mail. They did not submit formal comments for me to respond on how you would feel about that. What I can say is that the State Highway 16 corridor planning is in the state transportation improvement program. It's intended to start design work as early as this year, but it's contingent on the GARVEE funding being approved by the legislature. So, right now it's on hold, there is no specific activity going on right now. It is on their screen as a project. They want to move into design for, but it's pending the GARVEE legislation. De Weerd: And through the Communities in Motion process, the preference has been to preserve that corridor to the extent possible, so that adequate planning and appropriate considerations can be made. Siddoway: Yes. De Weerd: Council, questions? Mr. Wardle. Wardle: Madam Mayor, I think staffs looking for some direction as to what role the city should take in that. Certainly I agree that Highway 16, if supported, obviously, by the Idaho Transportation Department, makes the most sense for that transportation corridor. I guess from a staffing objective I would like -- because the project will be funded I would assume in the majority by the transportation department, either through GARVEE or another entity that once that decision and once those -- those decisions by that board have been set, that, then, we as a community can take a more aggressive role. But I really do think that we need the decision to come from the highway district in Meridian City Council • February 7, 2006 Page 45 of 90 regards to timing and certainly have a position on the staff level to maintain -- or to monitor that activity. De Weerd: I guess Steve or Anna, what kind of specifics do you need? Is it that the City of Meridian would like to -- you're looking at level of partnership in terms preserving the necessary right of way for the transportation corridor, as well as for the anticipated interchange designated or anticipated Interchange areas. Canning: Madam Mayor, Members of the Council, I think all we would like is just clarification on whether this is a priority for the Mayor and Council, for us to take the lead on this project. If I attempt — or I anticipate that ITD will be coming forward with a project that we will certainly be involved in. It's just a question of is this a -- do we need to incorporate this into a strategic plan to follow up with city being the lead and -- I just wanted to get it clarified, because — because of the way it started, it kind of -- there was some expectations, perhaps, on the folks that were there, that the city would shortly be knocking on doors and trying to organize this study. So, as staff we need a little clarification from Mayor and Council on what you envision. De Weerd: That we would take the lead? Canning: lies, ma'am. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: From my perspective you can't -- I don't think we can take the lead. I don't think that's really an option in this case. I think that a policy on the Highway 16 corridor and its preservation, the city should support it — absolutely support it. And I guess for guidance to staff, not necessarily to take the lead, I like one of the remarks you put in there about through that process that ITD, the state, the GAR,VEE issues would lead. The staff maintains that interest in advocacy role for those citizens within the area of impact and how this new corridor is going to impact them. I think that's a better position for the staff, to be in and to be mindful of. Those citizen concerns will top the list as this thing goes forward. That would be my perspective of the policy and direction for staff on that. De Weerd: So, that would be to designate this as a priority corridor and a preferred alignment for the City of Meridian to Highway 16 and to be a partner -- play an assisting role in the study of that corridor, but to take the lead in a transportation -related project — state project seems awkward at best. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Meridian City Council • February 7, 2006 Page 46 of 90 Wardle: I certainly don't think that the City of Meridian has the funds to take the lead on this particular project, so I suggest we assist in every way possible. Canning: Okay. I think you have consensus on that item and I can move onto the next one. The next one was the land uses near the future State Highway 16 Ustick interchange. It was this little interchange, mixed use designation. It was suggested by I believe Trisha Nelson from Compass that we overlay an interchange -- a typical interchange and see how it fits in there and we did and that does -- area does need to probably be expanded about 500 feet north. So, if it kept its existing width, east -west width, but then, extend 500 feet north, right up to the subdivision, that would be an appropriate area to accommodate the future interchanges and some development near them. De Weerd: Okay. Council, any comment? Okay. Wardle: D agree with that. Canning: Okay. Item No. 4. This is perhaps a bit awkwardly worded. It's just -- we assume Haat Council will want to keep in the commitment that says that we are -- or the policies Haat say we are committed to regional planning and cooperation, I guess there was some question at the time, because of city of Eagle and their expanded area of impact boundary and also for discussions with Kuna. This was included by Mr. Hawkins -dark, so it's been part of the staff report for awhile and — but I would assume that the cry would still want — City Council would want to support regional cooperation and planning. Unless I hear otherwise, I will -- I got one nod of the head. Wardle: 9 agree. De Weerd: Anna, I guess for the record, too, it was reached through mutual discussion with staff and the two respective mayors, supported by their council, that designated the area north of Chinden and west of Linder, with the exception — with the exception of Almaden Subdivision, that that area to the bluff would be included in Meridian's area of impact and so with that in mind, I think that's been our understanding, with the exception of what this Committee of Nine did, but that's the way we believe we are moving forward. Council, any -- does that represent your thoughts as well? Mr. Borton was the only one who wasn't here during that time and he nods and the other two don't do anything. Okay. Well, thank you, Mr. Borton. I appreciate that. Okay. Hearing no disagreement, let's move forward. Canning: Madam Mayor, Members of the Council, the next item was a letter from Patricia Nelson at Compass. We did go through that in detail. There was a few of them that we considered further. One of them was the mixed use interchange that I just went through a moment ago and I believe Steve covers them in — later in the outstanding issues from staff and he's double-checking on that. So, I think we can skip this one for now. Okay. Other outstanding issues from public comments. Area north of the Phyllis Canal. You do have three letters in your packets of two individuals which wish to be Meridian City Council February 7, 2006 Page 47 of 90 included in the area of city impact and that's Peggy Everest and Sherry Ewing. And one that does not and that's Orm. So, I wanted to point out that those are in there. It -- the legally noticed area of city impact change just does reflect the colored boundaries to the north as you see them now. I think I can move on. It was just an -- it's an issue, but perhaps it's an outstanding issue for a further application or further discussion, but at this point in the game we can't amend the map to include them without going through the entire process again. So, I would -- I would anticipate that we can move forward. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: And just by future application, you're referring to discussions which may happen between the City of Meridian and other cities to the north or certain applications by the property owners — I mean all of those factors could lead to an addition in the future; correct? Canning: Yes, sir. Wardle: Okay. De Weerd: And that would include city services. Canning: Madam Mayor, Members of the Council, the next one is the area west of McDermott. We did receive a letter from Wendell Bigham requesting additional school sites be noted on the future land use map. Right now we only have one school site noted. He has requested three new elementary schools, so it would be an elementary school in every section, which is, basically, his development pattern for the north Meridian area. And, then, he's also requested one middle school and one high school for the area. Staff has a few concerns in that this isn't exactly like all the other sections. We do have a large portion of it designated for very low density residential and it explains also that the step up provision doesn't apply in that area. So, it would remain very low density residential. So, we do have questions about the need for both a middle school and high school in those four sections. De Weerd: Anna, I don't know, have you also discussed with Wendell the idea of doing that on the north side of Chinden with the middle schools and high schools, so Star -- which would be, essentially, in Star's area of impact, that would serve more the north side? Canning: I did not have an opportunity to talk with him about that. But, yes, those -- a middle school and a high school would be drawing from more than four sections of area, so it would be attracting people from the Star area and it may, indeed, be more appropriate for Star to have its own high school, rather than a third Meridian High School. Or fourth. Or fifth. I forget what we are up to, so — Meridian City Council February 7, 2006 Page 48 of 90 De Weerd: And I guess that's what would be a consideration is it's always important to have a community that relates to their high schools, that on the north side it would be more associated with Star. It would serve that area, but it was just an item to throw out there for your consideration. Canning: And, Madam Mayor, Members of the Council, the schools are very floating in nature, as described by the Comprehensive Plan. If we were to put a school designation in each section, you could assume that — and if Mr. Bigham really feels he needs both a middle school and a high school somewhere and, then, maybe that's what that school represents through his testimony and participation in the public review process. But if we at least designate a school in each section, that certainly gets him involved. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Given that we have received comment from the school district on this particular application and we have been asking the school district to communicate their needs to us and your mention that, really, this is a concept plan, I think that we should incorporate these. If the school district feels that they need that at build out, we should at least plan for it today and potentially revise that at the school district level in the future. Canning: Okay. Okay. Moving on to item number eight. This was with regard to the sewer treatment plant area. Although the Planning and Zoning Commission was asked to consider a change to the boundary of the mixed use wastewater treatment plant designation boundary, they did choose not to. You have received written testimony from Brent Rasmussen and you received some verbal testimony at your last hearing regarding changing an area just — see how steady I can hold this. You will see that Drawbridge Subdivision is the green residential properties, so the request is to change some of the mixed use wastewater treatment plant to — it was to -- actually, to mixed use residential or commercial, although they wanted mixed use community, although they did want to do low density residential with some commercial opportunities along Ten Mile Road. I think we have discussed this before. We did do the noise and odor study and they do fall pretty much within the bounds of our sewer treatment — or mixed use area. Staff would recommend staying with the Planning and Zoning Commission's recommendation. De Weerd: Council? Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Meridian City Council • February 7, 2006 Page 49 of 90 Wardle: Anna, you have got some commercial across the street; is that correct? Is that the purple section? Canning: There was some approved in Bridgetower. The commercial was not the problem, sir. The commercial is currently allowed in that designation. It's the residential that's not allowed. They are asking for a residential use, which we don't allow in the mixed -- in the wastewater treatment plant designation. Wardle: Okay. Thank you. De Weerd: Okay. Council? Wardle: Madam Mayor, I guess I'm fine leaving it as is currently. One of the things that I will say — and, you know, we have done a number of studies. If we are going to see some development in that area — I know we are expanding the sewer plant currently, but we need to look a little closer at what really will fit within that, so that when we have applications come through we can — rather than simply deny most of them, unless they are commercial, we can consider additional options based on some of the findings we came — or we had come out of the study that we have done, so — De Weerd: What does that mean? Wardle: Well, that means leave it as it is, but, you know, it's still a big area on the map that we really don't have a handle on what we are going to do with it and we got to get there at some point for the property owners that live there and those — and the residents that are around that. My opinion is we need to come to a little better than we have today. De Weerd: Well, this says we need it. Canning: Is that a consensus on that item? I'm sorry, I wasn't looking for nods. De Weerd: Uh-huh. Canning: Okay. The northwest comer of Chinden and Linder -- right there. There was a letter of concern from a property owner north of the mixed use area. You also have a letter regarding the southeast comer. They appear to be in support of the proposal in the southeast and, then, one of the neighbors to the north was concerned with the mixed use designation at that comer property. Would you like me to zoom in on that one? If you ever want me to, just let me know, so — yeah? De Weerd: Yeah. You're making it clearer, Anna. Canning: Look at that. I found it after all. So, the mixed use designation is this kind of long piece along the Chinden property and, then, you do have some one acre lots to the north of there. Would like to say that you do have an application in the process that — Meridian City Council • r February 7, 2006 Page 50 of 90 it's, again, one of those buffer questions, similar to the Peregrine and integrating the residential to commercial. De Weerd: Now, Anna, that mixed use, though, would allow transitioning from the larger lot subdivisions into a retail or a commercial type of use? Canning: In this case, because of the shape of the property, about all it allows for is a road as a buffer, with some landscaping. De Weerd: Council? If you don't have an issue, then, we just move on. Canning: Shall we leave it as is? Bird: Yeah. Let's move on. Canning: Okay. The next is the northeast comer of Ustick and Linder. I think yore well aware of that one. De Weerd: Now, where is that? Canning: I guess I've made my pitch several times, but the only thing I would add is that this was not brought up at the Planning and Zoning Commission and a lot of the testimony you heard tonight said that all the comers should go that way, but, yet, there is only one — really, one property that's being considered for that designation. It may be more appropriate as a future Comprehensive Plan amendment, rather than rigs opportunity, since — since it wasn't part of the Planning and Zoning Commission's recommendation and that doesn't mean things can't change, but — I guess I feel some commitment that the -- to the Planning and Zoning Commission that they should have had some say on this, since it wasn't that someone is asking you to do something that the Planning Commission didn't want to do, in this case it wasn't raised at the Planrdng and Zoning Commission. De Weerd: Okay. Council, if there is nothing — Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On this one comer I have problems dumping residential out that close to the comer. I think there is something better than residential. Mixed use or commercial would entertain more than just straight residential, because I think you're really asking for traffic problems starting up with. Because you know the first thing that's going to come in here is an R-8 request and you know how many road trips that is. De Weerd: Steve, do you have a collector type of recommendation that — was there any kind of recommendation as far as what -- if there is a collector system that would Meridian City Council February 7, 2006 Page 51 of 90 best serve this, so that what Mr. Turnbull has pointed out, which we have all noted in other applications, is something we don't want to see happen again. Certainly agree with that. But we haven't been seeing that on the corners. Siddoway: Madam Mayor, Members of the Council, the collector system for this square mile pretty much already exists. There is the Venable Lane collector that goes in adjacent -- in the center of the neighborhood center as proposed and the school site and into the Cedar Springs Subdivision. And Baldwin Park is on this side. There is also a collector shown into Baldwin Park from Linder, a collector stub from the north and a collector stub stubbed in from the -- from the east. The property at the northeast comer does not directly abut one of those collector roads and would have similar access issues in relation to the comer and the traffic there, regardless of whether that access was being provided for residential or commercial access and commercial access could potentially have even more trips coming through any access that was provided there. De Weerd: Mr. Wardle. Wardle: Madam Mayor, my take on this issue -- I'm going to agree with Councilman Bird for a number of reasons. One of the strongest arguments in my mind that really wasn't raised, but we do have a e we are doing comprehensive planning and we are looking a number of years out, but one of the reasons I think that we get elected to these seats is to solve problems in any capacity that we can. In my experience, in development applications that have come before the city to get a signalized intersection and to get some sort of a partnership with the county highway district and to get that into place beforehand, I think it makes good sense not -- only to -- to plan for it, but also to zone that commercial and make better use of those -- in my opinion, the north part. So, that's my opinion. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I would agree with most of what Mr. Bird said, most of what Mr. Wardle said. But what's important with what Mr. Wardle just brought up was that opportunity for that partnership with the mixed use commercial on that comer, in light of what that comer is and is going to become in the coming years. I see the same concerns with residential designation there. Mixed use commercial makes sense in light of what -- the comments that we heard at the prior hearing and the comments provided today. De Weerd: I guess, Council, I would ask that you also consider maybe on the northeast comer as is being discussed, is the suggestion that Mr. Turnbull had made. I would agree with Steve in whether that is commercial or residential, if you're just looking at the one little lot, you're going to have a problem regardless of what use you put there. As you saw on the McMillan and Ten Mile area, the kind of the loop system, it provided a circulation and, I'll tell you what, my daughter walks in that area, too, so I have seen the pedestrian traffic all up and down that -- that area, as well as the traffic and so it is a Meridian City Council February 7, 2006 Page 52 of 90 concern, because there is a middle school there and there is foot traffic and those feet are kids that don't always pay attention to where they are going or how their friends are going. So, regardless of whether it's commercial or residential, there needs to be a concern of where that traffic goes in and out and I guess ultimately I hear everyone kind of saying the same thing, but all my comment is it doesn't matter what that's designated, you're going to have concern about access in that area and how the traffic is going to impact the kids that are walking in front of whether it's a business or whether it's the back of a fence of a subdivision, it's going to be important where those cars are coming out of whatever is there. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: That's very true and I agree with you and I think the plan that was out at McMillan and Ten Mile with the back load is very great. That's something that when the application comes through we can see that it happens. Right now we are just asking for a designation of what do you want on that comer, not where it comes in and out. And I agree with you on that. De Weerd: So, are you — are you designating more than just the request for that one piece of property? Bird: I just said that comer. I would prefer it to be commercial. I didn't say where it would come out on the — in the middle of an intersection or where. That's something that when the applications come in we can -- we can divvy up on that at that point and I agree with you a hundred percent. Where they come in and out, it's got to be a major concern of ours. Baird: Madam Mayor? De Weerd: Mr. Baird. Baird: Madam Mayor, Members of the Council, I want to follow up on something that Anna mentioned briefly and that has to do with how this discussion is deviating from the recommendation of the Planning Commission and the ordinance, when you're considering amendments to your Comprehensive Plan, it says that if what you pass changes in a material way from what was recommended by the Commission, you have to provide further notice and hearing. The reason for that is you have got people in the room tonight who want to see one thing or are asking for one thing and the people who were here before or who were at the Planning and Zoning Commission and heard that recommendation, may not be aware of the changes being considered. So, I guess what I'm going to ask is if you feel that this is — that the changes being asked for this comer is a material change from the -- from what the recommendation of the Planning Commission -- and I think it is, you either need to re -notice this part or put it off for the Meridian City Council February 7, 2006 Page 53 of g0 next six month cycle. I think what I'm saying is along the same line as what Anna was saying. Does that make sense? De Weerd: Does that make sense, Council? Bird: It does tome. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Ted, is this -- is what we are going through right now the -- aren't we just merely kind of getting a soft consensus of what all of our concerns and thoughts are, which is, then, going to be compiled at a later date and at that point would that be a Public Hearing that the final approval could be done that you're talking about? Baird: Madam Mayor, Members of the Council, and Councilmember Borton, the way I read this is that if your direction tonight would be to make a material change, that you could set over the hearing and provide an additional notice. Now, I'm saying that while I'm reading the ordinance here. I don't know if that's going to mess up anything that — with what Anna has got going. I know we have got timelines or deadlines here and it might make more sense, rather than to — you know, what was anticipated is that a consensus would be taken, we'd continue it to a date certain without having to go through additional notice. I think it would just put it out further if we had to do some more notice. So, it could be done, but it complicates things. Borton: Would it put it out too far? Baird: That we'd have to ask the planning director. Canning: Right. It's -- there is -- you do have development applications that are making their way through the process that are anticipating this -- approval of this Comprehensive Plan amendment. But that -- I'm not sure it's too far. I would like to take the opportunity to inform the folks, especially those that have invested in that neighborhood center, believing that there wouldn't be commercial along that — competing commercial along that street, so I think it would be an opportunity to at least advise them of what -- the discussions that have been going on and — De Weerd: But I guess Ted -- Mr. Baird, I guess what I hear from both you and Anna is the suggestion if you think that a material change to the recommendation from Planning and Zoning should be made, they have two choices. One, to go ahead and designate it, go through the appropriate public noticing, or to make the notation of a desire to have it changed and it can go through the next Comprehensive Plan amendment cycle, which is in June, as I understand it. But it would have to have an application for that specific area. Meridian City Council February 7, 2006 Page 54 of 90 Canning: And, Madam Mayor, Members of the Council, I would like to point out that this property currently isn't annexable, so it's probably going to be some time before they could develop -- that wait to go to the Planning and Zoning Commission isn't probably — it won't slow them down, given that they currently don't have an annexation path. De Weerd: It sounds like a path is on its way, though. Mr. Wardle. Wardle: Madam Mayor. Anna, what type of noticing requirement are we talking about? Canning: Well, that's the interesting thing. When you're talking about this whole area, because id's so large, the state code allows a different method of noticing. If the change were just going to be in this area, we would probably want to notice similar to what we do on a more defined Comprehensive Plan amendment, to notify all the properly owners vAhin -- the adjoining property owners within 300 feet. But we would also have to go back and also notify through public service announcements and additional ads in the newspaper, things of that sort. Baird: And, Madam Mayor, Members of the Council, to add one specific to all that general clic service announcement, the publication in the paper has to be at least 15 days befoe the hearing. So, in order to get the mailed notice, the newspaper notices the public service, you're probably looking at putting this out three to four weeks at least to reset ft hearing, I think. Or as you did mention, Madam Mayor, the other option is to reconmiend it for the next cycle. Wardle: Madam Mayor? De Weerd Mr. Wardle. Wardle: Understanding that there are certain time pressures on this entire process, 15 days or glee weeks doesn't seem unreasonable to me to -- to have this discussion. We've had input. I think we have a -- some sort of a consensus and I -- to put that off for an adMonal number of months and, then, go back to the cycle doesn't make a lot of sense to rare, but I could be persuaded. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I tend to agree. It doesn't make a lot of sense to me and although this is the first amendment I'm involved in, it seems odd to make a designation a residential knowing that we are just -- we don't really mean it in a sense. We are sort of delaying what we really intend to do, because the statute requires a six month delay until the summer to actually do what we intend to do now. So, I agree with Mr. Wardle that it necessitates a little additional delay, inconvenience and expense to get it done right at this time, I'd prefer to that do and have it set out for the three or four weeks necessary to do the — Meridian City Council • February 7, 2006 Page 55 of 90 Bird: Fine with me. De Weerd: Okay. Canning: Okay. Moving on. And I guess there was a property owner on the southwest comer that also wanted to be commercial, but because he was on the south side of the line they couldn't even consider it at the Planning and Zoning Commission. So, the whole residential may be transitional in nature at this point. Okay. Text regarding arterial planning. I think Steve has already updated you on that and you have that in -- oh, I missed Champion Park. Okay. There is a -- we are missing a mixed use designation adjoining Champion Park. Okay. As we go -- okay. Right in that location just next to the Winston Moore project on the comer of Ustick and Eagle, there was two parcels of land that were approved for nonresidential use and we just wanted to make the Comprehensive Plan consistent with those nonresidential designations. So, we are proposing a community mixed use designation on those properties. And that's, in general, what we have done with the existing uses on the land use map, is to go ahead and reflect where they are not residential. So, with a nod to do that are we okay? Okay. Okay. Now, the text regarding arterial planning. I think we have addressed those, but prior to the hearing and made those available on the web. Siddawdy. Madam Mayor, Members of the Council, Item 12 on your list there -- the text regar6mg arterial planning in north Meridian. Right now it's inconsistent in the way it addresses Eagle Road as the significant corridor that affects north Meridian. It was left out of one section since, technically, it is out -- just outside of this north Meridian planning area for most of its length, but certainly is a key consideration and it's effect on the interaction between transportation and land use. So, this is simply suggesting adding some language to reflect the importance of Eagle Road in this area. Agreed? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Steve, what kind of language? Because we go back to another road that we really don't have any jurisdiction over. Siddoway: It's under the section called arterial planning in north Meridian. The other two that are mentioned are US 20-26 and State Highway 16 future extension. It leaves off Eagle Road and I just wanted to add it, because the other two are state highways as well. Bird: Oh. Okay. Clear. Siddoway. The next item, 13, text regarding public transportation. This is simply a suggestion — a suggestion that the existing policy language that says transit stops should be available at certain activity centers be changed to apply to all centers, not just Meridian City Council February 7, 2006 Page 56 of 90 those along McMillan Road. Right now it specifically addresses McMillan Road as having transit centers, but where ever we have these neighborhood centers designated it should have the same policy. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Steve, is that -- is that consistent -- Communities in Motion or Blueprint for Good Growth, that concept? Siddoway. It is the -- the ideal transit scenario in Communities in Motion would include a future transit on all of these arterials in north Meridian. Borton: Okay. Siddoway: Item No. 14, if we are ready to move on, I'm assuming silence means agreement. Item No. 14, ACHD comments, we started off by going through those, so the recommendation here would be to accept ACHD's comments as -- with the -- as noted with staff comments and you have copies of those in front of you and we went over them in detail at the beginning of this hearing. The only issue in that whole thing that you may want to provide some additional weighing in on is that collector down in that southwest comer, whether you think it should be continuous all the way down to Ustick Road. This one right here. Or whether we just extend it into the area a little farther, given its low density residential designation. My recommendation would be to extend this slightly in farther towards the center of that section and to bring a stub in part way -- I don't know that it has to be a continuous collector design. If you look at all of our existing built out areas at even higher densities, those mid mile collectors that go part way into the section seem to suffice. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I would agree with Mr. Siddoway's recommendation. De Weerd: Okay. And there is no other item on the -- the staff comments in response to ACHD's — the two page letter from Steve. Okay. Siddoway: Okay. De Weerd: Thank you. Siddoway: Number 15. We covered that with the ACHD comments. This is things like dropping the table of road projects from the Comp Plan itself and simply changing the text to reference the appropriate documents and we would recommend doing so. Meridian City Council February 7, 2006 Page 57 of 90 De Weerd: Thank you. Canning: Madam Mayor and Members of the Council, item number 16 was with regard to just -- there are a number of specific policies that read very much like standards in the ordinance and we just -- or in the plan and we just wanted to make it clear we wanted to get back with you -- it must be getting late. I seem to have no tongue. It's tied. We will get back to you with a list of those policies and see which ones that the Mayor and Council would like to see incorporated as standards within the Unified Development Code. So, with the nod from you, that should be sufficient on that one. De Weerd: And that's a lot in response to what Mr. Turnbull had testified on earlier. Canning: Then moving onto outstanding issues from the -- the first part hearing. There was about four groups of concerns. One was the property at the very end of -- if I can remember what comer -- Ten Mile and Chinden, there is a very small property there. Right at the end. And they had proposed a mixed use neighborhood, that designation. You may recall I expressed some concerns in that getting folks into there and out of there may be difficult. It would be the only commercial property on that side of the street. So, staff was not supporting that. De Weerd: Council? Bird: Anna? Canning: Yes, sir. Bird: There is no way that can tie into that road going out, is there? Canning: No, but -- Bird: 1 agree with staff. Canning: It's very constrained in this area. We looked at some development proposals for this area tying back there and it's just -- the configuration of the size of the parcels are a great challenge right there. Bird: It looks like you're putting -- you're going to have two roads onto 20-26 within an eighth of a mile and I don't think ITD is going to allow it anyway, so -- I mean I support staff on that one, in case you -- Canning: Okay. De Weerd: Okay. There is nodding heads. Meridian City Council February 7, 2006 Page 58 of 90 Canning: Yeah. I think we have already addressed number 18. And, then, that elusive northeast corner of Linder and Ustick, I think we have already addressed that one. That would leave -- the last one is Mr. Spreggle and other property owners along McDermott continue to express their concerns of how this plan affects their development rights near the McDermott corridor. Staff doesn't have a recommendation at this time. There is some frustration about the timing of sewer services to the area and that has more relation on the development potential of their property at this point than the actual plan does. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Anna, I think item 20 sort of ties into item two on your list when you talk about what the city's role is with regard to this corridor and to the extent the city plays a role and staff plays a roll and be mindful and advocating for seven weeks, individuals could be within the area of impact. I think Mr. Spreggle's concerns and other concerns of his neighbors can be addressed to the staff, advocacy, and their policy is Item number two. Canning: Okay. De Weerd: I guess to add to item number two is maybe a degree of urgency for the planning of that corridor. So, that these -- these concerns are addressed. And certainly -- Canning: Okay. De Weerd: -- our voices do need to be heard during the GARVEE discussion to make sure that this is a funded plan. Canning: And, then, Madam Mayor, Members of the Council, sorry, just when you thought you were done, going back to number five, I skipped over that one to give Steve a moment to prepare, so he's ready to go back to that Item No. 5, the letter from Compass. Siddoway: Madam Mayor, Members of the Council, there are several specific items in there, but I think I can summarize it down to just a couple. One is just voicing support for not extending services into the McDermott area until ITD has required right of way for that 16 -- I don't believe that required any changes to us currently in there. One change that I would support -- it notes that there is encouragement for park and ride lots at the interchange of Highway 16 and 20-26 specifically. There are potentially other interchanges in the area, for example, the Highway 16 Ustick, they just simply request that we encourage such park and ride lots and facilities at all interchanges and not just one specifically. So, I would support that change and would just look for your agreement. Meridian City Council February 7, 2006 Page 59 of 90 De Weerd: I guess there was one thing in her letter that was of concern in restricting along this corridor the access to every mile. Siddoway: That's my next one and I do think that this probably does warrant some discussion. They talk -- our proposal talks about a vision for Chinden being a 45 mile per hour corridor and we certainly do want that to be a -- to function well for moving traffic. Compass is pointing out that they actually envision it at even higher speed at 55. Discussions recently through Communities in Motion have talked about Chinden as a grade separated expressway that would not provide access likely even every mile. My suggestion at one of the last Communities in Motion meeting was that perhaps that grade separated expressway design could function from Caldwell through to what will be a major intersection at Highway 16 and Chinden. But between Highway 16 and Eagle it seems like it should be a surface facility and provide those -- the accesses at the mile and the half mile, as we have been currently designing for. And I would just look for your direction on that matter. Wardle: Madam Mayor? De Weerd: I see nodding heads. Mr. Wardle. Wardle: And I agree, you know, come back and looking at having a grade separated facility, on and off ramps at the current configuration. I don't think it's feasible and we have been planning for something different, so I would support your recommendation. Siddoway: Okay. Thank you. And, finally, they just do point out gaps in the proposed frontage and backage roads along 20-26. 1 believe that we have adequately addressed that specifically. They talk about the fact that there were no backage roads or frontage roads shown along the north side of Chinden. We have now gone back and amended the circulation map to show those backage roads where ever there is a nonresidential designation on a land use map. So, we have addressed that. And as for the existing gaps along the north or south sides, we would still expect a policy to require connection and interconnectivity through that area that is residential, it just doesn't have to be designed as a collector type roadway, but there would need to be connectivity. De Weerd: Okay. Any comments, Council? Okay. Siddoway: Okay. That is all I have. De Weerd: Thank you, Steve. Anna, anything else? Canning: No, ma'am. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Meridian City Council February 7, 2006 Page 60 of 90 Wardle: Having had lots of comments and I think we have worked through most of the issues, I'm going to ask Mr. Baird in my motion I would like to restrict any additional comments other than those which we feel are a material change at the intersection of Linder and Ustick. So, do you have any language that would help me do that? De Weerd: Mr. Baird, before you comment, I would like also an additional comment. Is item number one, the agreement from Council on extending the designated area from residential mixed use a material change as well? Canning: Did you want comment from staff, Ma'am? De Weerd: Yes. Canning: Sony. That was a specific issue of discussion and, actually, as it went through with -- in the Planning and Zoning Commission, it was actually moved over further. We misunderstood the testimony of Mrs. Waterfield and those folks along with her, that they wanted it pulled back. There was some misunderstanding and that's why it got pulled back. De Weerd: Okay. Canning: So, that was a very very specific issue of discussion at the Planning and Zoning Commission. De Weerd: So, that would not need to be. Mr. Baird. Baird: And also Madam Mayor, Members of the Council, as long as we are checking, let's look at number three. Does staff feel that the 500 feet is material or was that flushed out at the Commission level? Canning: That was a specific request to look at how that would impact that and make the change appropriately. So, that was discussed at the Planning and Zoning Commission. Baird: So, Madam Mayor, it looks like the only material change that's being recommended for consideration is that one Eagle intersection and in answer to Councilmember Wardle's question, I would word it just like that, that you continue it to a date certain for the specific purpose of hearing specific change at that intersection and I would recommend that you state specifically what you would like to see there, so that they can put out the proper notice. So, in addition to continuing this to a date certain, it's probably got to be March 7th. I would want to make sure that's okay with both the clerk and with the planning department. You would move that the proper notice pursuant to Idaho code will be given, both newspaper publications and other notice types. De Weerd: Okay. March 7th. And so, Anna, does the March 7th work? Meridian City Council February 7, 2006 Page 61 of 90 Canning: The clerk may be better able to provide that information. It sounds like it should. Does it have to be noticed twice, Mr. Berg, or just once? With the 15 days, so we would be fine. De Weerd: Mr. Berg, for the public record will you, please, speak into the microphone. Berg: Madam Mayor, we can make that work. De Weerd: Thank you. Our clerk gets really grouchy if they can't read the record. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we continue Item 14, CPA 05-004, and instruct staff to notice the hearing specific to Idaho -- or pursuant to Idaho Code and specific to the material change in Comprehensive Plan amendment from the Planning and Zoning Commission, the change from residential to mixed use on the comer of Linder and Ustick Road. Borton: Second. De Weerd: Okay. The corner of Ustick Road on this list it mentions the northeast comer. Are you talking about -- Wardle: Madam Mayor, to clarify, I would include comers, the northeast and the northwest. De Weerd: Thank you. Bird: How about the southwest and the southeast? De Weerd: That's not in this plan. Bird: Oh, that's right. I don't have that. That's not north. That's right. De Weerd: Okay. So, any discussion? Okay. Mr. — okay. I will go ahead and call for a roll call. Bird: Before I -- I got a question. He didn't say the Public Hearing — he said continued. You meant the Public Hearing, right? Wardle: Yes. Roll -Call: Bird, yea; Rountree, absent; Wardle, yea; Borton, yea. Meridian City Council February 7, 2006 Page 62 of 90 MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Canning: Madam Mayor, Members of the Council, before we move onto the next item, I just wanted to get more direction on what you wanted to see at your next meeting. Do you want us to -- there was some discussion at the beginning and I just wanted to make sure that I understood correctly. You want us to summarize all the changes or just incorporate them -- the appropriate ones into the document and have it available for viewing prior to that date? Wardle: Madam Mayor. I would like to see all the -- since we are talking four weeks now, I'd like to see all the changes available, including the amendment that we just made with the Council after hearing the testimony, chooses to incorporate the Comprehensive Plan amendment at that time, that we have all the documentation we need to do it. Canning: Okay. Wardle: Is that clear enough? De Weerd: Sounds very clear to me, Mr. Wardle. Okay. Maybe we will see you later. Thank you for joining us this evening. We will move onto Item No. 15. Okay. We will reconvene in five minutes at 10:30. (Recess.) De Weerd: Okay. I will go ahead and call this meeting back to order and I apologize, this meeting has gone so extra long for those of you who have stayed on with us. We have had a request from the developer on Items 19 through 22 to continue their Public Hearing, rather than to wait through two more development applications, so if you're here for those, you waited through to this point, but to give it due consideration, they are in agreement to continue it to February 21st and I certainly hope you don't feel too inconvenienced for being here. Okay. Thank you. That way we don't wait -- make you wait until 11:00 or 12:00 or — Item 15: Public Hearing: RZ 05-020 Request for a Rezone of .17 acres from R-4 to O -T zones for operation of a barber shop for Fred's "Reel" Barber Shop by Fred Pratt —1127 North Meridian Road: De Weerd: Okay. Item 15, Public Hearing RZ 05-020. 1 will open that Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Fred's Reel Barber Shop proposal and it is a rezone request. It's located on the west side of North Meridian Road, south of Washington Street. Right there. And they are proposing an Old Town Meridian City Council February 7, 2006 Page 63 of 90 0 designation. They are currently zoned R-4. It is .17 acres in area. And the site currently contains one existing residence that's been converted to a commercial use. I don't have elevations for you tonight. The Commission recommendation -- they did recommend approval at their January 5th, 2006, hearing. Fred Pratt spoke in favor of the application and there was no one testifying in opposition or commenting. The key issues of discussion -- let me go over the site plan with you. So, this is a converted home. They are currently parking out in front and, then, what they are proposing to do is build a small parking lot on the side of the residence, instead of out in front. So, the key issues of discussion by the Commission were a time frame for completion of the site improvements. This did start as a zoning violation, so they are up and operating while this goes through the process, but this -- that's why the timing and completion of those improvements was a concern, because they are currently operating. So, the key Commission changes to the staff recommendation were to add a requirement that the applicant enter into a development agreement within the City of Meridian which states that the existing business shall be allowed to operate while site improvements are beim made and that the business shall not operate for a period exceeding 12 months from approval by City Council without the site improvements being completed. So with that addition of that condition of approval, there are, to our knowledge, no outstanding issues before Council and we do have Findings for you. De Weerd: Okay. Thank you, Anna. Any questions for staff at this point? Bird: I have none. De Weerd: Is the applicant here? If you will, please, state your name and address for the record. Pratt: Fred Pratt. I reside at 3071 West Rovina, Meridian. De Weerd: Thank you. Pratt: Any questions? De Weerd: Are you in agreement with staffs report and Planning and Zoning's recommendation? Pratt: Yes. De Weerd: Okay. Do you have any comments or -- Pratt: Not at this time. De Weerd: Okay. Council, any questions for the applicant? Bird: I have none. Meridian City Council • February 7, 2006 Page 64 of 90 Rountree: I have none. De Weerd. Okay. Thank you so much. Pratt: Thank you. De Weerd: Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Seeing no further testimony, I move that we close the Public Hearing for Item 15. Bird: Second. De Weerd: Okay. Motion to close the Public Hearing on Item 15. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Any discussion? If not, I would entertain a motion. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the rezone request for Item 15, RZ 05-020. Bird: Second. De Weerd: Okay. Motion to approve Item 15. If there is no discussion, Mr. Berg, wfwili you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 16: Public Hearing: AZ 05-056 Request for Annexation and Zoning of 6.08 acres from RUT to TN -R and 4.07 acres from RUT to C -C zone for Harks Canyon Creek Subdivision by JBS Enterprises, LLC — 1845 West Franklin Road: Meridian City Council • February 7, 2006 Page 65 of 90 Item 17: Public Hearing: PP 05-058 Request for Preliminary Plat approval of 29 residential lots, 7 commercial lots and 7 common lots on 10.15 acres in proposed TN -R and C -C zones for Harks Canyon Creek Subdivision JBS Enterprises, LLC —1845 West Franklin Road: Item 18: Public Hearing: CUP 05-051 Request for a Conditional Use Permit for a mixed-use development within 300' of a residence for Harks Canyon Creek Subdivision JBS Enterprises, LLC —1845 West Franklin Road: De Weerd: Thank you. Items 16, 17, and 18 are Public Hearings on AZ 05-056, PP 05- 058, and CUP 05-051. 1 will open these three public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the Harks Canyon Creek project. This is the requested two mile square vicinity map. We did a trial run today, so I'm looking for comments on this in addition to the actual application, if you would. But the project is located right here and we have the railroad tracks. There is Franklin Road. Ten Mile. Interstate. Meridian Road. De Weerd: Anna, I think it would really help if the star was blinking. Canning: One of the things I did talk to her about was I don't think we actually need the zone names on there, if we kept the color on I think that would be sufficient for you. But that was — we can make the star bigger. I don't know if I can teach her how to animate them, though, but I could try. Bird: I kind of like it. De Weerd: They like the L -O. Rountree: I like it, because I can't distinguish the colors. Canning: Okay. So, leave the names on there? De Weerd: Some are color blind. Canning: Okay. Rountree: For some of us color blind folks. Canning: This is moving in towards the site. Here, again, is Franklin, Linder. Here is Harks Comer. And, then, this is the property -- subject property. The proposed development — that one doesn't read very well. I'm going to go down to the conceptual plan. This one is a little squished, but at least it reads a little better. The applicant is seeking a C -C zone, community business district, on the north part of the property and, then, they are -- and that would be six acres of area. And, then, a traditional neighborhood residential for four acres of the site. And they have submitted a Meridian City Council February 7, 2006 Page 66 of 90 preliminary plat. Are requesting 29 single family residential lots and these are all single family residential. Some of them are attached. They are attached as you can see there. And there is seven commercial lots on the north property. North of the property. Or side. And, then, also coming down here. And, then, they have also submitted a C -U for a mixed use development within 300 feet of residential. The gross residential density, if you just look at that portion of the property, is 9.84 units per acre and that's for the 2.94 acres that they are currently showing. So, that's just this area. If you go out to the full build out on the concept plan, which includes this — a large amount of open space, it drops -- or it goes up. They are proposing 79 units for future development on - - for a gross density of 13 dwelling units per acre. So, the application -- and I better go back up. Right now they are just proposing to plat and develop the northern portion of the property with single family homes and the commercial. They are leaving the southern portion of the property in one large lot to be developed later. The concept plan for that, however, is what you see here. Okay. The applicant has proposed a traditional neighborhood residential district. Right now they are no standards in the UDC. They say that they are -- those that are approved by Council. So, if you look at pages four and five of your staff report, that lists out specifically what standards they are looking for for part of their traditional neighborhood residential development. Now, they got these standards from us. This is what we had proposed taking forward to the Planning and Zoning Commission. So, if you go with the standards they had proposed, they will be consistent with what you will see coming up to you from Planning and Zoning in about a month. And I can -- I have those, but we can go through those in more detail if the Council would like. I will continue with my presentation and, then, go back to those if that's the Council's desire and Mayor. Okay. I do have some elevations and I'll let the applicant go through these in more detail. The Commission has recommended approval at their January 5th, 2006, hearing. Jane Suggs testified in favor of the application. No one spoke in opposition or commented. Key issues of the discussion were the location of the site in relation to industrial uses on Franklin Road and you can see them just to the north there. The Lot 19, Block 1, which is the large open lot south of the site, which would be for future development and they also talked about Lot 5, Block 1, to be reconfigured. Lot 5, Block 1 is kind of this -- where the private streets and the service drives currently sit, is my understanding. So, there was some discussion about that. The key Commission changes to Public Works condition 2.15 to read: All development improvements for each phase of this development, including, but not limited to, sewer, fencing, micropaths, pressurized irrigation, and landscaping, shall be installed and approved prior to obtaining certificates of occupancy. And, then, just a scrivener's correction that Lot 21 should have been Lot 22 on condition -- planning condition 1.11. As of this afternoon the applicant still had some concerns for the requirement for a private street at a minimum coming down into this area. I think we have clarified that and so that is no longer an outstanding issue. And you do have Findings before you tonight. So, with that I will answer any questions you may have. De Weerd: Council, any questions? Bird: Madam Mayor, I do have a question. • Meridian City Council February 7, 2006 Page 67 of 90 De Weerd: Yes, Mr. Bird. Bird: Anna, on our TN -R standards what's the road width? I put my computer away too soon or I wouldn't be asking these. Canning: The -- Madam Mayor, Councilmember Bird, it would probably be better for the applicant to address exactly what they are proposing in this development. Bird: But you said they are standards. What is our standards on page four and five? Canning: The standards are consistent with our setback standards. I don't know if they went with the street standards at this point. The street standards that are being proposed to you as part of Comprehensive Plan — or as part of the text amendment are -- would allow parking on both sides with a 33 foot right of way -- 29 foot right of way if they have a parking pad in the back. But I'm not sure that that's what this applicant is proposing. I can pull the site plan -- or preliminary plat if I can find one. Bird: Yeah. And I'm -- De Weerd: We can ask the applicant. Canning: Okay. Thank you. Bird: I can — I have no problem asking the applicant what the deal was, but — Canning: It isn't — the street width is not listed in the list of standards on page four and five. Bird: Okay. De Weerd: Okay. Would the applicant like to come forward? At least you know already what a question is. If you will, please, state your name and address for the record. Suggs: My name is Jane Suggs, 200 Louisa Street in Boise, Idaho. De Weerd: Thank you. Suggs: And I'm very excited to be here to talk about Harks Canyon Creek. I'm going to be a little brief, because it's late, but I do want to talk a little bit about this, because this is the first opportunity I have had to work through the traditional neighborhood residential process. And let me say right up it was a process only because it was new to us and it is something that requires a lot of staff attention, too, so I was glad to see that you might be working with Anna on helping her get the staff necessary, because this is one of those processes that you actual have to have a planner to help you work through it, since there are some standards that weren't set. So, we really like that. We Meridian City Council February 7, 2006 Page 68 of 90 • 0 really like the opportunity to do something new and creative, but it does take a lot more interaction between the staff and the developer and developer's applicant to make sure we are doing the right thing. De Weerd: Remind us to increase our fees. Suggs: Okay. Okay. Larry's going to kill me now. The developers -- I just want to tell you the developers of this project aren't able to be here tonight, they are both out of town. Lary Van Hess is a local developer, he's been developing around the valley for many years and his partner is David Wilson and David is a premier residential developer out of Sun Valley and also just last year was the nationwide president of the National Association of Home Builders, so his excuse is he's probably still lobbying someplace for home building. So, they both bring some — a lot of experience and a lot of energy to this mixed use development. Anna did a good job of outlining the details of the project and we are in agreement with all the conditions of approval. So, really, sit back and relax a little bit, because I'm just going to tell you a little bit about the project. We are going with a traditional -- well, the C -C zone for the commercial portions of the site, but we did see that with the connected housing and the limited setbacks that we were hoping to kind of make sort of a more I guess combined use of the land, instead of segregating the uses that we really wanted to see the residences and the commercial office areas kind of working together and you can see that as we pull the commercial area here along the frontage and that is kind of in — kind of reaction to the fact that this is industrial land and wasn't really appropriate to put residences right up there on Franklin Road, a busy street with some -- not the most attractive residential — industrial buildings across the street. So, we did put the commercial uses here, but we brought the commercial uses down this way, too. This is a little pond that's already existing and it's next to some — one of the buildings over here at Harks Comer. We want to make sure that we keep that open for both the uses of the offices and the residences, so one of the things we got planned here — and you will see in our conceptual plan was a building located here and here with a corridor open here that would be sort of a plaza and lets everybody kind of enjoy that amenity that's already there on the property, both from the homes and the businesses. Our concept was designed by Sherry McKibben at McKibben Cooper Architects. Let's see. The residential uses I think though they are separated, you will see that by the architecture of those elevations that they are similar in their design. Peaked roofs. Four sided architecture on the commercial areas here. One or two story buildings. Two story townhomes connected with garages and they are all alley loaded. Here is an alley here and here and here and you will see one of the things that will be coming back with the staff is some alternative compliance with the landscape requirements that still require a substantial buffer between the uses, but we think with the alternative compliance, using walls and landscaping, we can make that a little bit smaller, again, with the idea of bringing the living spaces and the work spaces a little closer together in this kind of traditional neighborhood residential design. The developers met with the Nampa -Meridian Irrigation District and they have agreed to allow us to provide this park -like improvement along Ten Mile Creek. Not only is there about a 60 foot area here of Ten Mile Creek that's right of way, there is another 60 foot lot that was adjacent and that was owned by the Nampa -Meridian and we have met with • Meridian City Council February 7, 2006 Page 69 of 90 them and they said as long as we provide them some access to their creek they don't mind at all that we are going in and making that into a park -like area, which we think will be a real amenity for the city, including a pathway along that area that will tie into -- along here tie into the property. There is already a little bridge across here. We are planning to improve that bridge with the cooperation of Nampa -Meridian Irrigation. We are still working making sure that we can do that. Right now it's an old rickety bridge and it doesn't go anywhere. This subdivision down here blocks the access, because it really didn't have anyplace to go into a pasture that there are horses. We talked to them and during the neighborhood meeting we suggested that when we have some eyeballs down there to basically keep that area safe, we would open up that bridge and they would open up their access here. There is a -- there are two lots on either side of the bridge and one guy is using it as his yard, but he knows that there is a corridor there. So, that will provide an access actually over the Ten Mile Creek, which we think is pretty exciting, especially since there are -- those houses are probably not considered the most family friendly, we think that there might be some families there with children that might want to walk to the school that's to the south and certainly the people in the neighborhood should love to use this as access to get up into this commercial area Without having to get on the streets and I think that's what your connectivity is all about. Let's see. The streets. I was looking at my ACHD staff report to make sure. I believe what we have are just standard 36 foot wide streets. What we have tried to do is provide some of the parking pockets here, so we bulb out right here and here. That's a little challenging, because we are trying to make sure that we protect the cars, but you still have to provide enough width between the bulb outs to allow the emergency vehicles to get through. So, I don't think we are going anything minimal on those. I think at the entries we were trying to go with a minimal street width and a minimal right of way, but I believe ACHD pulled us back on that and told us we were going to have to put in the standard 36 feet street in there, too. Bird: What about your alleys, ma'am? Suggs: I'm song? Bird: Width of your alleys. Suggs: Twenty. Bird: Twenty. Suggs: Twenty. We understand that ACHD has -- we just talked to them about another project recently and they are looking like they may go to 16 foot alleys with 16 paved, but that just means your setback on the garages have to be more, but we are planning for the 20 foot alley. De Weerd: And that's 20 foot fully paved? Meridian City Council February 7, 2006 Page 70 of 90 Suggs: Twenty foot with 16 — at least 16 paved. And in this case we may offset it a little bit, so that we have someplace to have some landscaping back here along the — away from the -- from the garages. Now, that, again, just means that we have to make sure that we have enough backup space to meet your standards for backup and I think it's 23 feet. If you look in your parking standards for -- for straight -in parking I think your aisle width is 23. Is that right? I'm not sure. Canning: Madam Mayor? De Weerd: Yes. Canning: Madam Mayor, Members of the Council, we require a 20 -by -20 parking pad. Drive aisles are for -- parking spaces are 19 with the 25 foot backup. Suggs: Okay. Twenty-five foot backup. Canning: Yeah. Suggs: Okay. Canning: And, Jane, in case you forget, can you explain the elevations. I wasn't surge which ones were which. Suggs: Oh, yeah. De Weerd: Before you change to the elevations, just a final question. In the alleyways you have a short one there on the west side. Suggs: Here? De Weerd: Yeah. How does that end? If you're a garbage truck, do you have to back out of that or — Suggs: Yes. They are short — they are less than 150 feet. Same with most of the larger vehicles, as long as it's 150 feet and typically not requiring any kind of turnaround. De Weerd: Are you going to have a dumpster or -- Suggs: Since those are individually owned homes, probably just regular garbage collection there. And if it becomes an issue, it seems like we should be able to work something out. I'd hate to have to put in extra pavement just to — instead of rolling garbage cans down to the end of the street, which I think is doable, instead of trying to put a turnaround or connect the pavement there, if that's an issue. De Weerd: Anna, was that dealt with at pre -app or -- 11 Meridian City Council February 7, 2006 Page 71 of 90 Canning: Madam Mayor, Members of the Council, they will have to get a sign off from SSC at some point. I admit we hadn't thought of this issue. If it does become a concern, about the only thing they could do is provide a pad — a concrete pad near the public street, so that they -- and those four property owners would need to roll their garbage cans over to that concrete pad for SSC to pick it up. And we have done that on where you have common driveways, SSC will not go up them, so we do require them to roll them out. And similar to this one, they would be about a hundred -- no more than 150 feet. So, it's very similar to those common drives, but — and that's the solution we have found thus far with SSC on those. De Weerd: It would seem that that's probably something that will have to be done in this area. They do this every week. I don't think they want to back out of those things every week. Suggs: I think the solution of rolling your garbage someplace is appropriate in this case. Bird: Before we go to the elevations, too, Madam Mayor, may 1 ask another question? What is your setbacks to the — to the building from the property line on the alley? Suggs: I'm understanding from Anna that she requires a 20 foot set -- parking pad on the garages from the alley; is that right, Anna? Canning: Well, you have proposed -- Suggs: I have proposed much less than that as the minimum, but it looks like thars to meet — Canning: The minimum rear setback to alley access properties without a parking pad is five feet. With a parking pad is 20 feet, so — up to the garage. Suggs: I had five feet. So, I had alleys with the five feet and the garage. Those would be those without a parking pad and I'm sure that we show something minimal on these, because of the — Bird: But let me ask you a question. On something like that, in the first place, 20 feet don't even park a standard pickup and probably a standard size car. Now, my little Tracker could park on 20 feet no problem at all. Five feet. But — and if you're five feet to the garage and only got five feet there, we all know that people are going to come in there and maybe one bay of their garage is filled up with stuff and they park their rig outside. Well, you're parking out in the alleyway. What if you need to get down there with an emergency vehicle? Suggs: Well -- okay. Councilmember Bird, the emergency vehicles use the city streets just like they do for everybody, so -- but we would restrict no parking in the alley and that would have to be something that would be monitored by the homeowners 0 Meridian City Council February 7, 2006 Page 72 of 90 0 association. That would be one for this property. So, again, I don't think -- I think that's only a problem if you don't monitor it. People with large pickup trucks and lots of toys won't buy here. I mean I'm running into that. All my projects we were asking for this density and to get this density you're going to put in homes and you're not going to put in homes with room for toys. This is -- when people have toys and they want to fill up their garages, they go -- have to rent a space and that's just the reality of trying to get the density in. Bird: Who are you going to rent to? Or sell to? Young people? Suggs: I'm song? Bird: Young people? Old people? Suggs: Some young people. Some empty nesters. We actually did the market study. One of the reasons this is a concept plan down here is that we had Sam Langston and Langston and Associates do a market study on the condominiums and found out at the price point we were charging we probably couldn't build those and market those. So, thafs why we are waiting now to see what the market would bear and if we find out that these are a popular item, we could come in and try to do another row of that, bring a stmt around and, then, use the alley for both sides that you typically see on alley - loaded product. I'm thinking young people and I'm also thinking some empty nesters, because of the maintenance. We intend to have some high level of maintenance to the homeowners association. Bird: And they are the majority of the people that got the toys. They got the four wheelers and snowmobiles and stuff like that. Suggs: I don't know what to say, other than we are marketing to that group of people, so— Bird: o— Bird: No. I know. But we got to look out for what's down the road. You say — you say there isn't going to be emergency vehicles coming down there, but if there is a —1 would say the majority of your fires start in the garage and if you're going to -- you're going to come down — our fire trucks are going to come down there. Suggs: Well -- and we will prohibit parking in the alleys. Bird: Okay. Canning: Madam Mayor, Members of the Council, I should note that it's not clear on this one -- the five foot setback with the parking pad should be -- there shouldn't be anything between five feet and 20 feet and that's critical that we found in another one. Seven feet, eight feet, are very attractive for people to try and park in and we want to -- to avoid that, so that they either bring the building way up, so that there is no question about you shouldn't be parking here, or they move it back a full 20 feet and our parking Meridian City Council February 7, 2006 Page 73 of 90 stall requirements are 19 feet. So, the attempt -- the idea there was to accommodate a car similar to what we do in our parking stalls. I'm jumping on a little bit more for Ms. Suggs than I usually would, because I'm -- she's proposing standards that were consistent with what we are bringing forward in the text amendment, so I — that's why I'm not necessarily jumping in for her. I know you have a lot of concerns with these and I'm just trying to explain a little bit more on where these standards came from. Suggs: If there needs to be a condition added, we would take that, but — to minimize that opportunity for parking, just like Anna said. Borton: Madam Mayor? De Weerd: Yes. Mr. Borton. Borton: I wish that were possible. I guess from my perspective -- and I have tried to enforce these things as an attorney for homeowners associations and they are neat, but you really can't do it, unfortunately, and what I worry about -- and I'm new at this, but what I worry about is you can't un -ring that bell and once you get these types of 15 foot, you know, with four foot -- two feet on each side where people will park their cars and put rocks and plant trees and put garbage cans and kick bikes, et cetera, you can't enforce these. And homeowners associations can't enforce these. lt's passed the stage to where compliance can enforce it. In particular, one of the things that I didn't see until it was brought up here was this alley here, which is about 150 feet -- I think Councilman Bird made reference to safety services. I don't know how a fire truck — if you have got a situation right there where a couple of trucks are parked on the side, which there will be, because your garage is filled with all your other stuff and people don't park cars in garages anymore it seems like. These are all problems that come after the fact. You got a fire truck that's stopped right here, can't get these people with ladders and hoses over here and there is no other access, other than to watch -- maybe I'm wrong. I know Chief Anderson is here and he might be able to correct me, but that seems to be unique concern right there, because this guy or girl, whoever buys this house, is on an island, unbeknownst to them when they purchase it. Suggs: All aspects of that building are within 150 feet of a public right of way, which is the standard. A fire truck parks here and fights a fire — his hoses can go 150 feet. The same here. So, all you would ask for is that along the public street here or here, that you could park someplace and get your hoses 150 feet around to the other side of the building. So, I think we have met that and that's one of the things we looked at really closely is making sure that we had some way to get to those. So, you don't have to be in front and behind a home, you don't typically get the access behind a home. You just - - if you have to fight a fire behind a regular home, you have to park in the right of way, but you have to get your hoses 150 feet, no more than that around. You could even fight it from here if they felt like that they needed some more access in the parking lot. Of course, there would be possibly cars there, but I mean this provides even additional access, I believe, than you would get, possibly, in just a regular single family Meridian City Council February 7, 2006 Page 74 of 90 neighborhood when you look at the access you have on a public street here and here. I mean that's -- De Weerd: Do you want to go over, Jane, where the roads are, your parking and alleys, if you will -- Suggs: Public street here. Public street coming through here. And a public street stub to here. That's all publicly maintained streets. Alleys behind the homes here. An alley that comes across here. This is -- will be the stub of a private street, but it will be stubbed to here, because this area is not yet developed. There will be an alley off of this area here and an alley between the two and another private street here. And, then, service over here. We show a little stub of an alley over here, less than 150 feet Again, that's the backup for a turnaround for a fire truck and also to provide that access to them, so that if they wanted to pull in here and fight the fire here and here, in each case we think — and I'd love it if the fire chief could make sure that he's happy with that. But I think that's something certainly before we build the buildings we have to get sign off from him. Bird: On the private -- excuse me, Madam Mayor. De Weerd: Yes. Bird: On the private streets there, what are the widths of them? Suggs: They typically -- I'm thinking — I haven't looked at that real closely. The streets generally have to be 24 or 26 feet wide, so they are wide enough for public vehicles, for fire protection vehicles. Bird: What about parking? Suggs: Parking on the private street? Bird: Yeah. Suggs: We would not be providing any parking on the private street. But, again, we don't have -- Bird: They can't park up along the sides of it? Suggs: We would not propose that. It would have a sign, so there would not be parking on the 24 foot street. Bird: Okay. Rountree: Madam Mayor? Meridian City Council February 7, 2006 Page 75 of 90 De Weerd: Mr. Rountree. Rountree: This is an application for two distinct zones and I'd like the applicant to differentiate the zones in their concept plan. Suggs: Councilmember Rountree, this -- the commercial zone is here. It's these buildings. It comes all the way down to here and the residential zone comes all the way down this way and comes back up here. We are asking for the residential zone in all of this area. Again, we are not platting this lower portion. This is just added for a concept plan. We were asked if we were going to get that zoned as residential with the TN -R and also get annexed, that we needed to show a conceptual plan for that. Rountree: So, in your conceptual plan -- excuse me, Mayor. De Weerd: Uh-huh. Rountree: In the conceptual that lower lot, whatever those roof lines are, are multi- family type dwellings or -- Suggs: We — Rountree: —just space fillers? Suggs: Councilmember Rountree, we had actually planned to submit this, but before we submitted our application we did do the market study and found out that this wasn't marketable. This was a multi -story condominium unit. There would be one on the bottom and one condominium unit and, then, parking spaces -- one parking space for each unit and, then, two more floors of flats, condominium flats, a total of five units with five covered parking spaces in each units -- well, in this one and, then, ten in these, so -- but we found out that we were looking at a higher end product and that wasn't marketable right now, so -- but, again, we wanted to show you what was the potential for that area, too. Rountree: Thank you. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Anna, the TN -R road width, is it 24 or is it less? Canning: Madam Mayor, Members of the Council, the private street standard is not a TN -R standard. It's universal. It's largely anticipated to serve commercial developments where there is a need for addressing. The fire department was -- had expressed concerns over some of our larger commercial and industrial projects where they just have internal service drives, as they needed some addressing potential. So, Meridian city Council February 7, 2006 Page 76 of 90 all I did was say, okay, we will take the service drive, which is a 25 foot wide drive aisle and it can have parking on both sides and commercial we ask for a sidewalk on one side. But the idea was to be able to name those and create a system of those, so that people knew where to get to in the event of a particular medical emergency. They work also very well for the multi -family developments. So, that's why you're seeing it in the multi -family development here and not in the rest of it. So, it's the 25 foot drive aisle. Sometimes, depending on the height of the structures it could be larger. If it's not providing parking, it can go down a little bit to 24, so — Borton: Okay. Suggs: Actually, we want to go with this elevation again. These were the -- done by Sherry McKibben. This is looking at one of the condominiums that we probably wouldn't build. This would be the five condominiums. This would be the front entry of that. But we are still hoping that as the market improves that we might be able to actually build that. That would be the condos. This is the commercial building along Franklin. She showed this as one or two stories. Again, we are looking at sort of the peak roofs and the gables, kind of trying, once again, to give it something that makes it fit in with the residenfial area to not flat box with houses behind it. And this is the townhomes attached Again, two story. Hopefully, with an idea that we could do a little walk up there. Peak roofs. You know, doing a little bit something different on each one. Mr. Van Hees is talking to — we toured and he's talked several times with Steve Roth and Steve's been really popular up in Eagle doing some detached product, but says that he was iribuested. He's actually doing some Garden City attached product and he said he was pfetly interested in seeing what he could do down here in this market, too. So, was coming by — he's come by the site several times to take a look at it. So, that's one builder 1 know that we would be talking to. And, again, you have the landscape plan that looks like the concept plan, but shows the empty lot. That one. This was -- well, at P&Z meeting there was a little confusion again, because we are not platting this piece right now, but we are kind of asking for the platting on this piece and, then, keeping this lot reserved and you will see this lot come back in. There is nothing we can really do to that lot you won't come back and see a plan. And I will stand for any other questions. De Weerd: Okay. Council, any other questions? Bird: She answered all mine. De Weerd: Okay. Thank you. Suggs: Thank you. De Weerd: Okay. Is there any other testimony from the remaining survivors? If you will, please, state your name and address. Rowe: My name is Tom Rowe and I live at 115 South Linder in Meridian. Meridian City Council February 7, 2006 Page 77 of 90 De Weerd: Thank you. Rowe: I own the property to the east of that. I don't have one of those little pointers. Rountree: There should be one on there. Rowe: Oh, is there? Oh, cool. Okay. Right here. I think — is this the bar right there? I think that's the bar that exists. Anyway, I own this piece right here and it's commercial. I didn't get to the zoning meeting, because I was sick that day and I was going to ask for an access road to the back of this property for future development, which isn't in this plan. They had mentioned that I should put this on the record now, that I would like an access road at the back of this piece of property and not have it just blocked off, sometime during this development, either the second phase or where ever it can fit in. That was my one concern that I wanted to get on the record. The other was last time when the building went up here -- when this building went on — right now this field is -- has cows on it and the last time I had a lot of trouble with the building between the fences being torn down and the cows getting out and not being concerned with my animals running off. That was a problem. The other problem was the trash coming frmn the building. My cows keep eating it. It goes over the fence and they eat it, which doesn't really do them a lot of good. Plastic doesn't really digest well. And so I was kind of concerned. I have a nice -- a new fence all the way across here and when the building goes on I would like that fence to stay until something is secure or whatever is agreed upon. I haven't talked to Larry about what he plans on doing there, what kind of fencing is there, I don't have -- I don't have any idea what he's planning on, whether he's going to leave mine there or what. And so I am real concerned about this property line left up there during the construction and after the construction, because of the animals. And I want that to be a concern of the building this time. Last time the fence got tore down, I just got a cow that was running for it. He saw the opening and I happened to be out there and caught him before he got away. I have good fences now and I'd like to keep it that way. Other than that, just my concern for future development on my piece of property. That was my main thing. That's it. Thank you. De Weerd: Thank you so much. Any other testimony? Okay. Mr. Anderson. You even raised your hand. Good job. Anderson: Trying to be polite. Madam Mayor, City Council. I guess I was looking at this a little bit too simplistic, but the issue with this seems to be that we have some proposed text amendment to our Unified Development Code on a TN -R type of neighborhood. We have expressed as a fire department that we have some concerns with some of the alley widths, some of the road widths, some of the setbacks, and those have not been yet addressed by the City Council and according to Anna it doesn't sound like those will be addressed by the City Council for approximately another month. So, it seems premature in this case to be looking at this application and looking at it and approving it based off of the TN -R Unified Development Code that hasn't even been approved by you guys yet. I mean the front part of that is commercial and that looks like that complies with our ordinances, but until you guys decide what that TN -R text is Meridian City Council February 7, 2006 Page 78 of 90 going to look like, this seems premature to me, I guess. Maybe I'm looking at it too simplistic, but those are the issues. De Weerd: Council, any questions for Chief Anderson? Bird: I do. If we were to approve it on the 36 foot and the 20 -foot — I mean we can approve it without -- with our own specifications, because those aren't in the -- we do have the right to do that. Would that be satisfactory? Anderson: Well, I think we'd have to look at all aspects of that. I mean you'd have to look at what are the setbacks on the buildings going to be, what are the alleys going to be, and without redesigning the entire project here tonight, I don't know how you could do that probably here tonight. De Weerd: So, chief, you're saying staff hasn't reviewed this? Anderson: We have reviewed it. We put comments in there about the 33 foot roads and the 20 foot alleys. What is being proposed is this would be built to the proposed text that's coming before you guys in a month in the TN -R and the fire department is opposed to the text that is in that TN -R. We feel like that the access roads, the width, the setbacks, are going to severely hamper and compromise our ability to do our job as a fire department. De Weerd: So, Anna, this is proposal different than what we currently are asking for, so is just ahead of the TN -R? Canning: Yes, ma'am. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Well — and it's stated right there on pages four and five and, then, when Anna looked on four and five they had no conditions of the setbacks or the road widths or anything. Canning: What I stated is that there was no proposal from the applicant on using the reduced street sections that are part of the TN -R, so I couldn't find the street section. But page four and five do detail out the proposed setbacks. Bird: What is the proposed TN -R standards? Now, what is the standards as now, that has not been — because they haven't -- the ones you're talking about has not been passed by this Council. Canning: Correct. Meridian City Council February 7, 2006 Page 79 of 90 Bird: Now, what is the TN -R standards now? Canning: It says as determined by City Council. Bird: That's right. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Chief Anderson, what's -- so, what's the right number from the department's perspective I guess in these -- the number's not set. We are talking about the alley width, by way of example. What's the number that you suggest to utilize for those back alley lots? Anderson: What the fire department has proposed to that TN -R text and what we would recommend in this is a 20 -foot hard surface, either concrete or asphalt, for the alleyways. And we also have proposed in the TN -R text that the houses have a minimum of a 24 -foot setback in the rear, which is considerably more than what's being proposed in this development. And we also recommend 33 foot street widths and if we do anythbV less than that, if it's 29, then, it would be limited to parking on one side. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: But as Mr. -- as Councilman Borton stated with his experience, you can put in everything, CC&Rs, and you can put signs up and everything else that you can only park on one side of the street, but who is going to being enforcing it 24 hours a day, seven days a week? Anderson: Well, that's our concern, too. If we opt for less than a 33 foot road width and we restrict parking to one side of the road, then, it's going to become a police issue or a code enforcement issue to go through these neighborhoods and make sure that people aren't parking on the other side of the road. You can put signs up, but in reality we know that frequently that gets violated. De Weerd: Any other questions? Bird: I have none. De Weerd: Okay. Okay. Jane. Suggs: Jane Suggs. 200 Louisa Street in Boise, representing Harks Canyon Creek Subdivision. When Tom was making some comments I was asking Anna a question. He wanted to talk a little bit about making sure there was some sort of access down Meridian City Council February 7, 2006 Page 80 of 90 here to his property and I'm sure that we can accommodate him with some sort of driveway access to that property at -- especially maybe in this later phase. I think Tom lives in Larry's family home; is that right? Yeah. So, I mean they have been neighbors for quite some time. So, I'm sure that we can do that. And we talked a lot about fences tonight, just making sure that whenever we do any construction in that area that we do make sure that we maintain his fence and we put another fence up, we don't take his fence down in the process, knowing that he has animals there and they have to stay penned. We probably have gotten out a little in front of you on the TN -R, thinking that we wanted to jump in and actually utilize what we think is a great opportunity to provide some really nice housing for folks here in Meridian. We can certainly do 20 -foot paved on the alleys, if that's what the fire department wants, because we are going to do 20 feet there, so that's not a problem. We can do a 30 -foot street with parking on both sides, 29 with parking on one side. I think, again, I have got to get to the right page in my ACHD staff report, but because that street actually comes in and stubs to another street, they are not going to allow us to do a smaller cross-section that we had planned to do, because that — we can't determine what the traffic impact would be there, because we are stubbing to another property. So, it looks like we are going to do a 33 or 36 foot street with just the bulb outs, again, making sure that we have at least a 20 foot wide section for emergency vehicles. What I can't do is 24 -foot setbacks on these lots Imam the alley. If that's the hang up, I'd like to wait and we will go through the TN -R standards and we will go through the -- seeing how we want to provide housing that just has alleys and garages, not alleys and extra pavement. So, what we are trying to do is not provide a whole new street system in the back, but it's an access to the garages. Again, trying to minimize the idea that people would tum that into a cut through or a place that they would park that is really supposed to be accessible to a garage. But I think we have pretty much -- I mean the fire chief didn't say anything about having problems getting to the homes to fight fires, so I really think that we have come through and the staff has been very helpful and we have been working in other jurisdictions and this is very similar to the things that we are seeing in Eagle and in Boise. I just finished projects in both of those areas and using something very similar to this with the alley loaded product. Even Ada County, I'm doing a project down on Five Mile now and it's got probably 20 percent of its product has something that looks almost just like this and that's Five Mile and Lake Hazel, so -- Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: The only reason that it's an extra hot issue for me right now is because I just recently took a ride on the truck and went down some of these alleys and saw the practical affect of some cases 16 foot wide paved back alleys. Did you say you would do 20? Suggs: We could go to 20. Borton: Okay. Meridian City Council February 7, 2006 Page 81 of 90 Suggs: We could go to 20 paved and keep that clear and -- but still like to do the five foot to the garage off of that 20, giving plenty of backup room and we could -- we could go to three feet and you still have backup for 23 feet. Nobody's going to park there. Not in the little place -- not in the little parking area in front of the garage, so — and we would just have to make sure that we have no parking signs along there and, yes, we would have to patrol that ourselves as a homeowners association and call in support if that didn't work. I think there is a way to do that. I think there is a way to tow people when they park in an alley and they are not supposed to and I think a diligent homeowners association professionally managed could handle that. I know you have got a lot more experience in that than I do. Borton: Maybe not successful. I don't know. Maybe I'm not doing it right. And I just appreciate the fact that you're willing to change that 20 feet and to the extent I was snippy, I apologize. I was not trying to be too feisty on the back alley issue, but that's the reason I asked the question. Suggs: Well — and we certainly wouldn't let that stop something that I think is a great project and a great opportunity for people to live here and this is kind of something new — a little something new, but I think something you're going to see all over the valley sooner than later and four feet of pavement is worth it. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Jane, what — and you said you're doing in Eagle and Ada County and stuff. What are their requirements on setbacks? Suggs: Most of the time that we do these projects we are doing them through the PUD process, so we are setting our own setbacks. Bird: Yeah. Suggs: And they are very much like this. I had a neighborhood meeting yesterday for the one in Ada County, the one that seems to be out in what at one time was considered a rural area, we are going the five foot setbacks on the alleys, 20 foot alley, and we want that 20 -foot, because we want them maintained by ACHD. They have the two standards, 16 and 18 -- I mean 16 and 20. And we are having — now measuring some of our setbacks from the back of the walk and we are using three to five feet on those. And the only issue we have now is a joint trench, trying to work that out. But, yes, we are going very minimal setbacks. We have got special builders that want to put some really nice -- we have got -- in fact, in that project we also have some homes that are planning on green spaces, like Winding Creek over in Eagle, you will see houses that only service the alleys and they don't have front streets, they just have green spaces that they front on parks. So, everybody fronts on a park and you can see it from Meridian City Council February 7, 2006 Page 82 of 90 a street, but their access and the only access to their homes is through the alley. Or walking down a sidewalk in the green and we have a lot of those planned for Ada County. Bird: And you're still -- even over there where -- you're only having your five foot setbacks? Suggs: Yes. De Weerd: Okay. Anything further, Council? Thank you. Okay. Council, if there is nothing further, I would entertain a motion to close the public hearings on Items 16, 17 and 18. Borton: Liadam Mayor? De Weerd: Mr. Borton. Borton: Move to close the public hearings on Items 16, 17 and 18. Bird: Second. De Weefd: All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Any discussion? Okay. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I just -- she -- Ms. Suggs was very agreeable to doing the setback as the one concern I have is -- and even with a 20 -foot hard alley, regardless of what -- and there is no way you can control it 24 hours a day, seven days a week. You're going to get a certain arnount of parking in there. I have got a real qualm. I think it's a beautiful project, don't get me wrong there, and I think it's something that needs done, but that's - - that concern is in the -- so, to take off, I would make a motion that we approve AZ 05- 056, the request for annexation and zoning of 6.8 acres from RUT to TN -R -- oh, wait a minute. Wait a minute. Wait a minute. Those conditions have to be in this, because we are approving the TN -R -- right? Okay. So, I will have some conditions here. And 4.07 acres with RUT and a C -C zone for Harks Canyon Creek Subdivision by JBS Enterprises, LLC, 1845 West Franklin Road, with conditions of minimum of 33 foot hard asphalt -- or hard road, public roads, 20 foot hard minimum alleyway roads, which was agreed upon and -- and a 20 foot setback in the back alleyway. Meridian City Council February 7, 2006 Page 83 of 90 De Weerd: Okay. I have a motion to approve Item 16. Do I have a second? Okay. I guess the motion dies for lack of a second. Is there another motion that Council would like to try to put us out of our misery? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we approve AZ 05-056, request for annexation and zoning from RUT to TN -R with the two conditions -- the first two conditions stated, the 33 -foot roadway and the 20 -foot alley, both of which I believe were agreed to by the applicant. De Weerd: Okay. I have motion to approve -- Borton: No reference to the 20 foot setback. That wasn't part of the motion. De Weerd: Okay. Do I have a second? Wardle: Second for discussion. De Weerd: Okay. Wardle: If I can ask a clarification of staff. Anna, what setback was referenced in the staff conditions? Canning: I'm double-checking, but I'm sure it was five feet. Alley access properties without a parking pad would be five feet. Wardle: Was that the intention of the maker of the motion? Borton: It is. Canning: Was that a build -to line, sir? Borton: Five feet? Canning: The intent would be to not allow six, seven, eight, nine, ten -- anything less than 20, so that we don't get people tempted to park in there. Borton: Correct. Canning: Okay. De Weerd: Okay. Any discussion? Rountree: Madam Mayor? Meridian City Council February 7, 2006 Page 84 of 90 De Weerd: Mr. Rountree. Rountree: I don't doubt that this proposal is a quality proposal. And certainly the new urbanism is all the rage across the country and we have seen some attempts in Meridian, some of which may not be all that successful. But it's not necessarily the proposal, it's the issue that we haven't yet addressed as a Council, we haven't yet addressed to our staff, what it is our expectations are as far as this designated area, TN -R zoning. We have, obviously, differing opinions amongst our staff, we have certainly different charters and different perspectives. I'll go back to my — I'm not in that big of a hung to create hassles for us that this can't wait until we resolve those issues. And even though some of the staff may not like what we end up with at some point in time, at least we don't set a precedent tonight and that might affect what it is we discuss at a point in the future, possibly a month away. So, not necessarily my comments opposing this proposal, but I'm opposing that we take action on this proposal at this point in time for the reasons stated. So, I probably would not vote in favor of the motion. De Weerd: Okay. Is there any further discussion? Okay. Bird: Let's go for it. De Weerd: Mr. Berg. Roll -Call: Bird, nay; Rountree, nay; Wardle, yea; Borton, yea. Berg: It's a tie, Mayor. De Weerd: Why thank you. I feel so important at midnight. I guess my vote is very conflicted, because I agree with this, but I also agree with what Councilman Rountree has said, so I will vote no and make the comment before the next motion is attempted that rather than — I personally would like to see this continued until after Council has had the discussion on the TN -R and — MOTION FAILED: TWO AYES. TWO NAYS. MAYOR NAY. Bird: I agree a hundred percent with you, Mayor. I agree with you a hundred percent. De Weerd: And it's just because of what Councilman Rountree has said. You know, the timing probably was not meant that this would come before the hearing and I think that if Council would be amenable to continuing it until you have had a chance to hear and make a decision on the TN -R, I could break ties all night. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council • February 7, 2006 Page 85 of 90 Rountree: I would be pleased to make that motion. Just a question for City Clerk or Ted. Do we have to have a date certain if we table it? Canning: Madam Mayor, Members of the Council, Councilmember Rountree, it's set for for March 7th to come before you. Rountree: Our discussion? Canning: Yes. Bird: What's set for -- the TN -R? So, we can go after the 7th? Canning: Or you could go on the 7th, yes. Bird: We could go on the 7th after the TN -R? I don't like to bring her back, because I'm afraid something might happen and we don't get it passed on the 7th. And I agree with Councilman Rountree and the Mayor, that I don't want to have to see her -- Rountree: I'd enjoy having her back at the same time, but -- Bird: Yeah. Canning: I would imagine she will be here, Councilmember Bird, listening to the discussion. Bird: I mean I didn't want to see them -- her have to come back and go completely through and pay new fees and stuff. Canning: Oh. Oh. Oh. I understand what you're saying. Bird: That's why I -- no. She's welcome to come back and do it anytime. Baird: Madam Mayor, Members of the Council, even though it's possible that you could act on the ordinance change on the 7th, it wouldn't become effective until it would be published. However, you would be making a statement of what those standards would be and you could apply them to this application on that evening, if it's your preference to put this on the agenda after that. So, it could happen. Probably would make sense to reopen and continue the hearing to that date certain in case you do want to take additional testimony after you have adopted your standards. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we reopen the public hearings -- did we close them? Yeah, we did. Meridian City Council February 7, 2006 Page 86 of 90 Bird: Yeah. Rountree: On Items 16, 17 and 18 and continue them through -- or to March 7th and schedule them on the agenda after we have had the discussion as it relates to the TN -R zoning. Bird: Second. De Weerd: Okay. You heard the motion as made. All those in favor say aye. Okay. Any nays? Okay. The clerk cannot vote. MOTION CARRIED: ALL AYES. Bird: Do you want to say something? Suggs: You have opened the public hearing again. Bird: Uh? Suggs: You have opened the public hearing. Jane Suggs. De Weerd: Yeah, but we have already continued it to a date certain. Bird: We continued it. Item 19: Public Hearing: AZ 05-052 Request for Annexation and Zoning of 7.87 acres from R1 to C -G zone for Sadie Creek Promenade Subdivision by Landmark Development Group, LLC — 3055 North Eagle Road: Item 20: Public Hearing: PP 05-053 Request for Preliminary Plat approval of 24 commercial building lots 15.33 acres in a proposed C -G zone and an approved C -G zone for Sadie Creek Promenade Subdivision by Landmark Development Group, LLC — 3055 and 3085 North Eagle Road: Item 21: Public Hearing: CUP 05-049 Request for a conceptual Conditional Use for retail, restaurant, drive-thru and office uses in a proposed C -G zone and an approved C -G zone for Sadie Creek Promenade Subdivision by Landmark Development Group, LLC — 3055 and 3085 North Eagle Road: Item 22: Public Hearing: VAR 05-022 Variance Request to Allow a Vehicular Access Point to Eagle Road / SH55 for Sadie Creek Promenade Subdivision by Landmark Development Group, LLC — 3055 and 3085 North Eagle Road: Meridian City Council February 7, 2006 Page 87 of 90 De Weerd: And I would have to recognize you, so I don't know who you are. It's too late. Okay. Council, it has been requested to continue Items 19 through 22 to February 21st. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that — well, we haven't -- why don't you open it and we will continue it. De Weerd: Okay. I will open the three public hearings -- or four public hearings on Items 19 through 22. 1 will entertain a motion to continue these items. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue the public hearings on 19, 20, 21 and 22 to February 21st, 2006. Rountree: Second. De Weerd: Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 23: Public Hearing: VAR 05-027 Request for a Variance to UDC 11-3.1-1 requirements for access to State Highway 69 for Meridian Gateway by White -Leasure Development Company —1601 South Meridian Road: De Weerd: Okay. Oh, man. Item 23 has been also requested to continue to the 21st. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Are you going to open that first? De Weerd: Oh, you bet. I already did. Bird: Okay. I move that we continue the Public Hearing on VAR 05-027 to February 21st, 2006. Rountree: Second. Meridian City Council February 7, 2006 Page 88 of 90 • De Weerd: Okay. Motion to continue Item 23 to February 2st. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 24: Ordinance No. 06-1213 : AZ 05-046 Request for Annexation and Zoning of 31.72 acres from RUT to R-4 zone for Estancia Subdivisionby Gemstar Development, LLC —1990 East Amity Road: Item 25: Ordinance No. 06-1214 : AZ 05-042 Request for Annexation and Zoning of 9.63 acres from RUT to R-8 zone for Medford Place Subdivislen by Dyver Development, LLC — 3335 South Eagle Road: De Weerd: Item 24 and 25 are ordinances. Mr. Berg, will you, please, read those vAth the speed of light by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 06-1213, an ordinance for annexation of property located in the southwest quarter of the southwed quarter of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City af Meridian, as requested by the City of Meridian, establishing and determining the Lind use zoning classification of said land from RUT to R-4 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance 06-1214, an ordinance for the annexation of property located in the southeast quarter of the northeast quarter of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexiing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian. establishing and determining the land use zoning classification of said lands from RUT to R-8 and R-15 in the Meridian City Code, providing that copies of this ordinance sham be filed with the Ada County assessor, the Ada County recorder, the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: Thank you. Pretty dam good. You have heard the ordinances read by Iffle only for Items 24 and 25. Seeing no one in the audience, I would entertain a motion to approve these ordinances. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Meridian City Council • February 7, 2006 Page 89 of 90 Wardle: I move we approve Item No. 24, Ordinance No. 06-1213 and Item 25, Ordinance No. 06-1214, with suspension of rules. Bird: Second. De Weerd: Motion to approve Items 24 and 75. If there is no discussion, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 26: Executive Session per Idaho State Code 67-2345(1)(c) (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): De Weerd: Okay. The last item, Executive Session. Do I have a motion? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c). Wardle: Second. De Weerd: Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION. De Weerd: I would entertain a motion to come out of Executive Session. Bird: So moved. Wardle: Second. De Weerd: All those in favor say aye. ALL AYES. MOTION CARRIED. De Weerd: Motion to adjourn. Meridian City Council February 7, 2006 Page 90 of 90 Rountree: So moved. Bird: Second. De Weerd: All those in favor, say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 12:41 A.M. (TAPE ON FILE OF THESE PROCEEDINGS) 0 \\1��a111 a 1�atcare,r mAYbRTjA DE WEERD ° TTt -= AM G ®poi "fill, pi fill111 1119 \ 2 / ?i! 1 96 DATE APPROVED R.,XIT`% CLERK February 3, 2006 MERIDIAN CITY COUNCIL MEETING February 7, 2006 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of January 17, 2006 City Council Regular Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT. CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT. MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meefings shall become properly of the City of Meridian. February 3, 2006 MERIDIAN CITY COUNCIL MEETING February 7, 2006 APPLICANT ITEM NO. S -B REQUEST Approve Minutes of January 24, 2006 City Council Regular Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST. INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 February 3, 2006 0 MI 05-014 MERIDIAN CITY COUNCIL MEETING February 7, 2006 APPLICANT Casper Management, LLC ITEM NO. 5-C REQUEST Findings for Approval - Request to terminate a Development Agreement for Casper Management - 7.32 acres south of Overland Road and west of Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Findings CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ,4- / CITY PARKS DEPT: 7 " 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. ADA COUNTY RECO J. DAVID NAVARRO AMOUNT .00 5 BOISE IDAHO 09/291 03:15 PM DEPUTY Vicki Allen II I I I II II I II I I III I II I II I I II II I I'I III RECORDED—REQUEST OF City of Meridian 1061558323 This sheet has been added to the document to accommodate recording information. Order Rescinding Development Agreement Instrument No. 103089185 / Prather Company / Casper Management / File No. MI 05-014 s BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST TO REMOVE RECORDED DEVELOPMENT AGREEMENT FOR MERIDIAN STORAGE PRATHER COMPANY/CASPER MANAGEMENT APPLICANT C/C12-13-05 Case No. MI 05-014 ORDER RESCINDING DEVELOPMENT AGREEMENT INSTRUMENT #103089185 The above entitled request to remove the recorded Development Agreement, entered into on May 20, 2003 and recorded on May 30, 2003 as Instrument #103089185, having come on for public hearing on December 13, 2005, and John Prather appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore make the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT The notice of public hearing on the application to terminate a Development Agreement was published for two (2) consecutive weeks prior to said public hearings scheduled for December 13, 2005, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with 0 the notice of public hearings having been posted upon the property under consideration more than one week before said hearing, and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council on December 13, 2005, public hearings; and the applicant, affected property owners, and government subdivisions provided services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6511, and §§11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof; and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 7.32 acres in size and is generally located on the south side of Overland Road and west of Meridian Road, Meridian, within a portion of the NE'/4 of the NE'/4 of Section 24, Township 3 North, Range 1 West, Boise, Meridian, Ada County, Idaho, parcel number S1224110300. 5. Prather Company, PO Box 1087, Meridian, Idaho, 83642, is the current property owner. 6. Applicant is Casper Management Investments, LLC, PO Box 191054, Boise, Idaho 83719. • 0 7. The subject property is currently zoned C -G (Commercial General). 8. The Applicant requests to remove the Development Agreement, Instrument #103089185 from 7.32 acres on the south side of Overland Road, west of Meridian Road, more particularly as parcel number S1224110300, which is specifically for "construction and development of a storage facility". 9. The entire parcel of property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 10. The Applicant proposes to develop the subject property in the following manner: standard uses within the General Commercial zone. 11. The Meridian Comprehensive Plan Generalized Land Use Map designates the subject property as General Commercial. CONCLUSIONS OF LAW The provisions of Idaho Code §50-222 govern the conditions upon which the City may exercise its authority to annex territory, but the exercise of that authority is discretionary as determined by the City Council. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does order: That the Development Agreement, Instrument # 103089185 be removed from approximately 7.32 acres for the Meridian Storage development on the south side of Overland Road, west of Meridian Road, Meridian, within a portion of the NE'/a of the NE 1/a of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, parcel number S1224110300. By action of the City Council at its regular meeting held on the � 7day of 2006. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED —�— COUNCILMAN JOE BORTON VOTED COUNCILMAN CHARLIE ROUNTREE VOTED COUNCILMAN KEITH BIRD VOTED MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: 2 - -7-o h MOTION: APPROVED: %' DISAPPROVED: ATTEST: mb, de WEERD WILLIAM G. BERG, JR., CIT'%;C� Copy served upon: Appnlli ►gB eosatet'j�`` Planning Department __jz:��Public Works Department qty Attorney By: l Dated: City Clerk's Office 4 0 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST TO REMOVE RECORDED DEVELOPMENT AGREEMENT FOR MERIDIAN STORAGE PRATHER COMPANY/CASPER MANAGEMENT APPLICANT C/C12-13-05 Case No. MI 05-014 ORDER RESCINDING DEVELOPMENT AGREEMENT INSTRUMENT #103089185 The above entitled request to remove the recorded Development Agreement, entered into on May 20, 2003 and recorded on May 30, 2003 as Instrument #103089185, having come on for public hearing on December 13, 2005, and John Prather appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore make the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT The notice of public hearing on the application to terminate a Development Agreement was published for two (2) consecutive weeks prior to said public hearings scheduled for December 13, 2005, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with LJ • the notice of public hearings having been posted upon the property under consideration more than one week before said hearing, and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council on December 13, 2005, public hearings; and the applicant, affected property owners, and government subdivisions provided services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6511, and §§11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof; and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 7.32 acres in size and is generally located on the south side of Overland Road and west of Meridian Road, Meridian, within a portion of the NE'/4 of the NE 1/4 of Section 24, Township 3 North, Range 1 West, Boise, Meridian, Ada County, Idaho, parcel number S1224110300. 5. Prather Company, PO Box 1087, Meridian, Idaho, 83642, is the current property owner. 6. Applicant is Casper Management Investments, LLC, PO Box 191054, Boise, Idaho 83719. 7. The subject property is currently zoned C -G (Commercial General). 8. The Applicant requests to remove the Development Agreement, Instrument #103089185 from 7.32 acres on the south side of Overland Road, west of Meridian Road, more particularly as parcel number S1224110300, which is specifically for "construction and development of a storage facility". 9. The entire parcel of property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 10. The Applicant proposes to develop the subject property in the following manner: standard uses within the General Commercial zone. 11. The Meridian Comprehensive Plan Generalized Land Use Map designates the subject property as General Commercial. CONCLUSIONS OF LAW The provisions of Idaho Code §50-222 govern the conditions upon which the City may exercise its authority to annex territory, but the exercise of that authority is discretionary as determined by the City Council. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does order: That the Development Agreement, Instrument # 103089185 be removed from approximately 7.32 acres for the Meridian Storage development on the south side of Overland Road, west of Meridian Road, Meridian, within a portion of the NE % of the 0 ! NE V4 of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, parcel number S1224110300. By action of the City Council at its regular meeting held on the � �day of 2006. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED —� COUNCILMAN JOE BORTON VOTED 4� COUNCILMAN CHARLIE ROUNTREE VOTED COUNCILMAN KEITH BIRD VOTED MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: 2 7 D b MOTION: APPROVED: !C DISAPPROVED: :00 bg�►aseeos„, de WEERD ATTEST: ,}► o a WILLIAM G. BERG, JR., C”, Copy served upon: Applic',r,r►es ecet�a`e+' Planning Department Public Works Department ✓City Attorney By:, Dated: City Clerk's Office • 0 February 3, 2006 MERIDIAN CITY COUNCIL MEETING February 7, 2006 APPLICANT ITEM NO. S -D REQUEST Water Main Easement Agreement for Lakeview Golf Course Maintenance Shed AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • ADA COUNTY RECORDER J. DAVID NWRO AMOUNT .00 E BOISE IDAHO OMNI 12:21 PM DEPUTY Gall Garrett f'1III1111I'll�"r�l"'��I'I RECORDED -REQUEST OF 106024113 City of Meridian WATER MAIN EASEMENT THIS INDENTURE, made this ,p �y zo�Qbetwcen � ��+5 1 rda �1� the parties of the first park and hereinafter called the Grantors, and flee City of Meridian, Ada County, Idaho, the party of the second park and hereinafter called the Grantee; WTI`NESSETII: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necesauvy to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right of -way for i measemenit for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection *=W, 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, fthe said easement and right -0f -way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restDrethe area ofthe easement and adjacent property to that existent prior to undertaking such conouction, 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 drs easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any int struchi es, trees, bnah, 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 easenmut >emby grated shall become part of, or He within the boundaries of any public street; then, to such extent, such right-of-way and canswo hereby granted which lies within such boundary thereof or which is C part thereof j shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WTKdoc 9 • 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 ofthe first part have hereunto subscri-bed their signatures the day and year first herein above written. GRANTOR: President STATE OF IDAHO ) )ss County of Ada ) On this /(e day of o 2006, before me, the undersigned, a Notary Public in and for said State, personally appeare tiGM,aga 1z. avis _ and 'known or identified to me to be the President and �, 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. (SEAL) NOTARY MJBLIC FOR IDAHO Residing at 10`'iL l ,Mime Commission Expires: / (a Jurt 2-(210 Water Main Easement EASMT WTRdoc GRANTEE: CITY OF MERIDIAN ' *li I j 1141 fl1 I$ 10":" Tammy de Weerd, or Attest 4by William G. erg, City C k Approved By City Council On: STATE OF IDAHO, ' : ss. County of Ada On this - day of ,L 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared AMMY 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) Water Main Easement !Yl �Iti'1ti NOTARY PUBLIC FOR IDAHO . Residing at: b' L) G . Jd Commission Expires: — t15,— EASMT WTR.doc Lead Description City of Meridian Water Main Easement A water main easement for the City of Meridian being located In the SW 1/4 of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the northwest corner of said SW 1/4 (1/4 Corner), from which a brass cap monument marking the southwest corner of said SW 1/4 (Section Corner) bears S 08'11" W a distance of 2651.19 feet; Thence S 0038'11" W along the westerly boundary of said SW 1/4a distance of 37.36 feet to a point; Thence leaving said westerly boundary S 89024'57" E along a line parallel to the northerly boundary of said SW 1/4a distance of 2011.68 feet to the POINT OF BEGINNING; Thence S 89 035'00" E a distance of 20.00 feet to a point; Thence S 0 c25' 00" W a distance of 184.10 feet to a point; Thence N 89 c35'00" W a distance of 20.00 feet to a point; Thence N 0125'00" E a distance of 184.10 feet to the POINT OF BEGINNING. Said parcel contains 3,682 square feet (0.08 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC January 4, 2006 Land olutions e -w L G s. 1118 �, `��► I y106 C' OF ON w Nva Lake View Maintenance Bldg Job No. 06-01 U m 1/4 4 3 3 I S 89'35'00 " E S 89 2457" E ?0.00' 2011.68' I "Y POINT I I I I- � N I I I I LQ I � 43 CHERRY LANE 9 10 o f t o CITY OF MERIDIAN WATER MAIN EASEMENT LOCATED IN THE SW 1/4 OF SECTION 3, T3N, R 1 W, BM, CITY OF MERIDIAN, UNPLATTED ADA COUNTY, IDAHO 2006 THE LAKE AT CHERRY LANE N0. 4 SUBDIVISION NOT£.• TRIS SKETCH HAS BEEN PREPARED &ASED ON RECORD INFORMATION ONLY. NO HELD SURVEYS WERE PERFORMED TO VERIFY RECORD DATA. LAND SOLUTIONS ASSUMES NO LIABILITY FOR DISCREPANCIES THAT MAY BE FOUND IN RECORD VS MEASURED INFORMATION. W A- 30 60 120 LEGEND BRASSCAP CALCULATED POINT SECTION LINE EASEMENT LINE PROPERTY LINE Lrlr"'J r1 J01 to fJ orl15 Surveying and Consulting 231 E STH ST. STE A MERIDIAN, ID 83642 1208) 28&2040 JOB xtf1igQ c> 11 City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 1/20/2006 Re: Proposed Agenda Items for 1/31/06 City Council Meeting ]AN 2 3 2006 City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 1/31/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Lakeview Golf Course Maintenance Shed. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Lakeview Golf Course Maintenance Shed and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 • 0 WATER MAIN EASEMENT THIS INDENTURE, made this day of, 20 between ff .+J16 1 r [�* the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the waxer main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration ofthe benefits to he received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right of -way for,an,easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHUBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such conshuction, 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 fiMher effect and shall be completely relinquished Water Main Easement EASMT WTR.doc 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 / (o day of - h Lt 02006, before me, the undersigned, a Notary Public in and for said State, personally apneare tl', f} IQryi and known or identified to me to be the President and go 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. (SEAL) .Qus•- NOTARY AMLle FOR IDAHO Residing at 454 Z:F / .,qg-Ae4 Commission'Expires: /&.,JUd 2Z0/0 Water Main Easement EASMT WTRdoc 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 P 2006, 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 mixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement EASMT WTRdoc Legal Description City of Meridian Water Main Easement A water main easement for the City of Meridian being located in the SW 1/a of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the northwest corner of said SW'/a (1/a Corner), from which a brass cap monument marking the southwest corner of said SW 1/a (Section Corner) bears S 0038'11" W a distance of 2651.19 feet; Thence S 0038'11" W along the westerly boundary of said SW 1/4a distance of 37.36 feet to a point; Thence leaving said westerly boundary S 89624'57" E along a line parallel to the northerly boundary of said SW 1/a a distance of 2011.68 feet to the POINT OF BEGINNING; Thence S 89 035'00" E a distance of 20.00 feet to a point; Thence S 0 T5' 00" W a distance of 184.10 feet to a point; Thence N 89 035'00" W a distance of 20.00 feet to a point; Thence N 0 T5'00" E a distance of 184.10 feet to the POINT OF BEGINNING. Said parcel contains 3,682 square feet (0.08 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS `O XNL L Os Land Solutions, PC January 4, 2006 11118 CP OF �YrON w NAS �e-t4i m tT- A Laii b' l tI1ons Lake View Maintenance Bldg `"'°S"'"ry"'s and `°"'"'""� Job No. 06-01 CITY OF MERIDIAN WATER MAIN EASEMENT LOCATED IN THE SW 1/4 OF SECTION 3, T3N, R 1 W, BM, CITY OF MERIDIAN, ADA COUNTY, IDAHO m 2006 UNPLATTED THE LAKE AT CHERRY LANE NO. 4 SUBDIKSION 1/4 4 3 3 <o S 8924 57" E S 8935'00" E 20.00' — 2011.68' I I � I I � �' PO/NT OF I- BEG/NN/NG � I I o ell CN � I I N I I W I I 0 30 60 120 4 3 CHERRY LANE o f t o 9 10 NI IN of to zl I� I I 20.00' N 89'35 00" W � � � o � s � W ZQk j LEGEND Q BRASS CAP El CALCULATED POINT — SECTION LINE - — — — — — - EASEMENT LINE PROPERTY UNE NOTE.• THIS SKETCH HAS BEEN PREPARED BASED ON RECORD INFORMATION ONL Y. NO FIELD SURVEYS WERE PERFORMED TO ��FNO � 10 VERIFY RECORD DATA. LAND SOLURONS °" '9 FST Land Surveying and Consulting ASSUMES NO LIABILITY FOR DISCREPANCIES THAT MAY BE oT 'SG p, 231 E STH C 6 T FOUND IN RECORD VS. MEASURED INFORMATION. 7 I!S� MERIDIAN, D 8 2 1g OpN (208) 288-2040 JOB NO. 06-01 VvvTt+, GT- February 3, 2006 MERIDIAN CITY COUNCIL MEETING February 7, 2006 APPLICANT ITEM NO. 5-E REQUEST Agreement with ACHD for Roadway Construction / Sewer and Water Line Improvements for ACHD Project 504002, Overland Road, Topaz Avenue to Cloverdale Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: me MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. N A G R EE M E NT FOR: ROADWAY CONSTRUCTION / SEWER & WATER LINE IMPROVEMENTS OVERLAND ROAD, TOPAZ AVENUE TO CLOVERDALE ROAD ACHD PROJECT NO. 504002 THIS AGREEMENT made and entered into this,?a7day of 2006, by and between the ADA COUNTY HIGHWAY DISTRICT, by and through its Board of Commissioners hereinafter called DISTRICT, as first party, and the CITY OF MERIDIAN, a municipal corporation, by and through its Mayor and City Council hereinafter called MERIDIAN as second party, both parties being a body politic and corporate of the State of Idaho. WITNESSETH WHEREAS, the DISTRICT and MERIDIAN desire to undertake a joint effort to share the tasks and costs of reconstructing from Overland Road, Topaz Avenue to Cloverdale Road, including water and sanitary sewer installations as detailed in Project Number 504002 hereinafter referred to as the CONTRACT. WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by arranging for installation of the water line and the sanitary sewer pipeline as part of the Project plans so long as the DISTRICT receives assurances that the DISTRICT will be fully reimbursed for all costs and expenses it incurs as a result of additional work attributed to the installation of the water lines and the sanitary sewer pipelines within the Project boundaries, including but not limited to, costs for changed conditions, plan errors and omissions, and delays attributable to the water line or the sanitary sewer pipeline design and installation. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving, and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction, and sanitary sewer and water line installation work referenced herein; b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the sanitary sewer and water line installation work referenced herein; Page 1 of 4 c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award; d. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT; e. Submit to MERIDIAN a copy of each Contractor progress payment estimate, as such estimates are approved by DISTRICT, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to Contractor; f. Provide for the reference and replacement of all pre-existing survey monuments within the work area; g. Provide the trench compaction testing for the sanitary sewer and water line facilities from 1 -foot above the pipe zone to sub -grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per five hundred (500) lineal feet per foot of trench depth; provide all re -testing required in any area that does not meet CONTRACT requirements; and h. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to MERIDIAN staking sanitary sewer, water lines, manhole locations, and service lines. 2. MERIDIAN SHALL: a. Be the party responsible to provide the inspection, field survey and grade control required for the installation of all sanitary sewer and water facilities installed under the CONTRACT and provide copies of appropriate tests and diaries to the District Project Representative; b. Provide DISTRICT with the construction plans, special provisions, and unit bid quantities for the sanitary sewer and water facilities to be included in the bid documents for the CONTRACT (all work required for the sanitary sewer and water facilities to be performed in conformance with the 2005 Edition of the Idaho Standards for Public Works Construction (ISPWC) and the City of Meridian Standard Specifications and Drawings); c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to the approved final CONTRACT payment estimate; Page 2 of 5 d. Remit to DISTRICT within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to this Agreement; e. Reimburse the DISTRICT, up to a maximum of $8,000.00 for all costs incurred by the DISTRICT, including overhead and benefits, project administration, compaction testing, and soils work required solely for the construction of the sanitary sewer and water facilities; mobilization, traffic control, flagging, detours, and weekly meetings shall be reimbursed on a prorated basis. The prorated basis for the above items will be calculated using the percentage of the MERIDIAN 'S project costs as they relate to the total project construction costs; f. Be liable for the cost of repairing any trench failures attributable to failure of sanitary sewer and water lines within the boundaries identified in the Contract, and be liable for and indemnify the District for any and all costs and damages resulting from any such trench failure; and g. Reimburse District for any additional costs to District attributable to the installation of sanitary sewer and water lines or to the removal of any or all items from the Contract that are associated with the installation of sanitary sewer and water pipelines. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. The CONTRACT amount for the sanitary sewer and water portion of the project to be reimbursed to DISTRICT by MERIDIAN shall be based on the actual quantities of work acceptably performed, and/or, installed, as determined from field measurements, and paid for pursuant to the unit, and/or lump sum prices established in the Contract; b. MERIDIAN'S approval will be required for any change order work involving the sanitary sewer or water line installations; c. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect the entire project for the purpose of reviewing the project to locate and note any unstable areas and resolve any items of concern or misunderstanding; d. This instrument contains the entire agreement between the parties with respect to the subject matter hereof; e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; Page 3 of 4 4 E' -� f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement; g. Should either party to this Agreement against the other to enforce the terms prevailing party shall be entitled to incurred in said action; be required to commence legal action and conditions of this Agreement, the reasonable attorney's fees and costs h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; and L This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT By:,: � i By: / 9w— a...... � 11'110111216w— Susan Susan Slaughterilliam J. SchWei er Senior Administrative Assistant Director ATTEST: CITY OF MERIJAAN ,,',�111i1111197��11ff �,,/ By: / William G. Berg, Jr.1f SQL Ta rn tde eerd City Clerk 9 Mayor �: �t r �6z •�vrcG y �i �l�..�t�.G 2-7.06 Page 4 of 4 • • ridian RECEIVED rks Dept.JAN 242aQ6 City Of Meridian City Clerk Office Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer CC: File Date: 1/23/05 Re: Proposed Agenda Item for January 31, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the January 31 City Council agenda, under Consent Agenda, for Council's consideration: Agreement with ACHD for roadway construction / sewer and water line improvements for ACHD Project 504002 Overland Road Topaz Avenue to Cloverdale Road The agreement addresses the division of responsibility for design, bid solicitation, contract administration, construction inspection, and payment for water and sewer improvements associated with this project. - Recommended Council Action: The Public Works Department recommends that City Council approve the Agreement for Roadway Construction / Sewer & Water Line Improvements for ACHD Project 504002, Overland Road, Topaz to. and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 1 0 0 A G R EE M E NT FOR: ROADWAY CONSTRUCTION / SEWER & WATER LINE IMPROVEMENTS OVERLAND ROAD, TOPAZ AVENUE TO CLOVERDALE ROAD ACHD PROJECT NO. 504002 THIS AGREEMENT made and entered into this day of , 2006, by and between the ADA COUNTY HIGHWAY DISTRICT, by and through its Board of Commissioners hereinafter called DISTRICT, as first party, and the CITY OF MERIDIAN, a municipal corporation, by and through its Mayor and City Council hereinafter called MERIDIAN as second party, both parties being a body politic and corporate of the State of Idaho. WITNESSETH WHEREAS, the DISTRICT and MERIDIAN desire to undertake a joint effort to share the tasks and costs of reconstructing from Overland Road, Topaz Avenue to Cloverdale Road, including water and sanitary sewer installations as detailed in Project Number 504002 hereinafter referred to as the CONTRACT. WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by arranging for installation of the water line and the sanitary sewer pipeline as part of the Project plans so long as the DISTRICT receives assurances that the DISTRICT will be fully reimbursed for all costs and expenses it incurs as a result of additional work attributed to the installation of the water lines and the sanitary sewer pipelines within the Project boundaries, including but not limited to, costs for changed conditions, plan errors and omissions, and delays attributable to the water line or the sanitary sewer pipeline design and installation. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving, and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction, and sanitary sewer and water line installation work referenced herein; b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the sanitary sewer and water line installation work referenced herein; Page 1 of 4 c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award; d. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT; e. Submit to MERIDIAN a copy of each Contractor progress payment estimate, as such estimates are approved by DISTRICT, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to Contractor; f. Provide for the reference and replacement of all pre-existing survey monuments within the work area; g. Provide the trench compaction testing for the sanitary sewer and water line facilities from 1 -foot above the pipe zone to sub -grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per five hundred (500) lineal feet per foot of trench depth; provide all re -testing required in any area that does not meet CONTRACT requirements; and h. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to MERIDIAN staking sanitary sewer, water lines, manhole locations, and service lines. 2. MERIDIAN SHALL: a. Be the party responsible to provide the inspection, field survey and grade control required for the installation of all sanitary sewer and water facilities installed under the CONTRACT and provide copies of appropriate tests and diaries to the District Project Representative; b. Provide DISTRICT with the construction plans, special provisions, and unit bid quantities for the sanitary sewer and water facilities to be included in the bid documents for the CONTRACT (all work required for the sanitary sewer and water facilities to be performed in conformance with the 2005 Edition of the Idaho Standards for Public Works Construction (ISPWC) and the City of Meridian Standard Specifications and Drawings); c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to the approved final CONTRACT payment estimate; Page 2 of 5 d. Remit to DISTRICT within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to this Agreement; e. Reimburse the DISTRICT, up to a maximum of $8,000.00 for all costs incurred by the DISTRICT, including overhead and benefits, project administration, compaction testing, and soils work required solely for the construction of the sanitary sewer and water facilities; mobilization, traffic control, flagging, detours, and weekly meetings shall be reimbursed on a prorated basis. The prorated basis for the above items will be calculated using the percentage of the MERIDIAN `S project costs as they relate to the total project construction costs; f. Be liable for the cost of repairing any trench failures attributable to failure of sanitary sewer and water lines within the boundaries identified in the Contract, and be liable for and indemnify the District for any and all costs and damages resulting from any such trench failure; and g. Reimburse District for any additional costs to District attributable to the installation of sanitary sewer and water lines or to the removal of any or all items from the Contract that are associated with the installation of sanitary sewer and water pipelines. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. The CONTRACT amount for the sanitary sewer and water portion of the project to be reimbursed to DISTRICT by MERIDIAN shall be based on the actual quantities of work acceptably performed, and/or, installed, as determined from field measurements, and paid for pursuant to the unit, and/or lump sum prices established in the Contract; b. MERIDIAN'S approval will be required for any change order work involving the sanitary sewer or water line installations; c. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect the entire project for the purpose of reviewing the project to locate and note any unstable areas and resolve any items of concern or misunderstanding; d. This instrument contains the entire agreement between the parties with respect to the subject matter hereof; e. This Agreement may not be enlarged, modified, amended or altered except in - writing signed by both of the parties hereto; Page 3 of 4 f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement; g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action; h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; and L This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT By: By: Susan Slaughter William J. Schweitzer Senior Administrative Assistant Director ATTEST: CITY OF MERIDIAN By: By: William G. Berg, Jr. Tammy de Weerd City Clerk Mayor Page 4 of 4 February 3, 2006 MERIDIAN CITY COUNCIL MEETING February 7, 2006 APPLICANT ITEM NO. 5-F REQUEST Award of Bid and Contract for Meridian Senior Citizen Center Upgrades AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: COMMENTS Materials presented at public meetings shall become property of the City of Meridian. y FEB - 3 2006 oily of Meridia , rets/ Berk Offic MEMO TO: Will Berg, City of Meridian Clerk Boise Office 1001 S. Orchard St. Suite 100 FROM: Darryl Wright, Development Specialist Boise, ID 83705 T 208.322.7033 800.859.0321 DATE: February 1, 2006 F 208.322.3569 RE: Professional Services Contract Please have Mayor Tammy de Weerd sign the enclosed Professional Services Contract and return to Sage Community Resources for the President's signature. Once Sage's President, Kathleen Simko, signs the contract, an original will be sent to your office for record. Enclosed are two identical contracts—one for Sage's records and the second for the City of Meridian. TTY/TDD 1.800.377.3529 EEO/AA Employer PROFESSIONAL SERVICES CONTRACT This contract is entered into this T_ - day of /� 2006, by and between the City of Meridian, Idaho, herein referred to as the "GRAN E" and Sage Community Resources dba IDA -ORE Planning and Development Association, whose address is 1001 South Orchard Boise, ID 83705, herein referred to as the "CONTRACTOR", Witnesseth: WHEREAS, the GRANTEE has made application to and been awarded by the Idaho Department of Commerce, herein referred to as the "DEPARTMENT," for the receipt of grant funds under the Idaho Community Development Block Grant (ICDBG) Program for the purposes of assisting ..the City of Meridian in their Senior Center Rehabilitation project"; and WHEREAS, the GRANTEE desires to engage the CONTRACTOR to render certain services related to the administration of the above described ICDBG project; and WHEREAS, The GRANTEE has complied with provisions for soliciting of contractors as cited in OMB Circular A-102; and WHEREAS, in order to assure effective management of the above project, it is deemed to be in the best interests of the GRANTEE to enter into an agreement with the CONTRACTOR as hereinafter provided; NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. EMPLOYMENT OF CONTRACTOR The GRANTEE agrees to engage the CONTRACTOR, and the CONTRACTOR agrees to provide the services described in Section 6 in order to provide for the administration and management of the ICDBG project for the GRANTEE as approved by the DEPARTMENT. 2. EMPLOYEE -EMPLOYER RELATIONSHIP The contracting parties warrant by their signature that no employer-employee relationship is established between the CONTRACTOR and the GRANTEE by the terms of this contract. It is understood by the parties hereto that the CONTRACTOR is an independent contractor and as such neither it nor its employees, if any, are employees of the GRANTEE for purposes of tax, retirement system, or social security (FICA) withholding. 3. CONTRACTOR'S INSURANCE The CONTRACTOR warrants that it has obtained, and will maintain at its expense for the duration of this Contract, statutory worker's compensation coverage, employer's liability and comprehensive general liability insurance shall have, at a minimum, a coverage limit of at least one hundred thousand dollars ($100,000) per claim, and five hundred thousand dollars ($500,000) aggregate. I:\WORK\PLANNING\CDBG\ADA-co\MERIDIAN\Seniors\Phase U\AdminContract updated 01.27.06.DOC 0 0 4. LIAISON The GRANTEE designated liaison with the CONTRACTOR is Mr. Will Berg, City Clerk. The CONTRACTOR'S designated liaison with the City of Meridian is Jennifer Tomlinson, Planning Specialist. 5. EFFECTIVE DATE AND TIME OF PERFORMANCE The services to be performed by the CONTRACTOR will be completed upon project closeout. 6. SCOPE OF WORK &,C -pet- -to C The CONTRACTOR will perform the following services: A. PROJECT PLANNING i. Work with the City of Meridian to plan final funding source strategy for the project. This will include attending necessary meetings, public presentations, performing research, and giving recommendations for project development activities. Ms. Tomlinson will serve as final grants development coordinator and provide liaison with governmental funding partners. ii. Working in conjunction with the GRANTEE, and their Architect, CONTRACTOR will develop, publish, and submit necessary applications for grant assistance to the State agencies. iii. Develop an approved Administrative Plan and secure approval of the Plan by the funding agency. B. CITIZEN PARTICIPATION i. Assist GRANTEE in conducting public hearing required previous to grant application submittal and at 50% construction completion. C. ENVIRONMENTAL REVIEW i. Have GRANTEE appoint Environmental Review Officer. ii. Establish Environmental Review Record file. iii. Determine whether project is categorically excluded. Complete Statutory Checklist. 2 I:\WORK\PLANNING\CDBG\ADA-co\MERIDIAN\Seniors\Phase IIWdminConhact_updated 01.27.06.DOC iv. If project is not excluded, conduct Environmental Assessment to include impacts on and mitigating measures for: a. Community b. Site c. Historic preservation d. Floodplain/wetland e. Endangered species f. Local regulations v. If no restrictions are placed on the project by the agencies contacted during the Environmental Assessment, prepare Finding of No Significant Impact (FONSI) a. Publish FONSI and distribute notice and Request for Release of Funds (15 days) b. Mail Certification and Request for Release of Funds to DEPARTMENT along with a copy of publication (15 -day comment period) c. Receive Release of Funds from the DEPARTMENT D. CIVIL, RIGHTS COMPLIANCE i. Establish a file containing the GRANTEE'S Affirmative Action Plan, Community Profile, staffing minority status or other documents and statistics, which demonstrate GRANTEE'S minority and handicapped population and efforts in nondiscriminatory practices. ii. File signed Section 3 Clause and Certifications. iii. Submit MBE/WBE Solicitation Summaries for all solicitations for services. iv. Comply with GRANTEE Section 3 Plan and maintain documentation. v. Implement at least three (3) of the Fair Housing activities listed in the Civil Rights Handbook, including an Analysis of Impediments to Fair Housing. vi. Consistent with the provision of Executive Order 11246 and OMB Circular A-102, Attachment O, CONTRACTOR will take affirmative steps to assure that women (WBE) and minority businesses (DBE) are used when possible as sources of supplies, equipment, construction and services. Additionally, CONTRACTOR will document all affirmative steps taken to solicit WBE & DBE businesses and forward this documentation along with the names of the WBE & DBE subcontractors and suppliers to the local government CDBG recipient upon request. I:\WORK\PLANNING\CDBG\ADA-co\MERIDIAN\Seniors\Phase MAdminContmct updated 01.27.06.DOC E. ACQUISITION AND RELOCATION COMPLIANCE i. Determine whether acquisition is governed by Title III of the Uniform Relocation Act. ii. Assist in the preparation of documentation for temporary or permanent easement allocation and acquisition of real property. iii. Prepare acquisition notices. iv. Prepare Requests for Qualification (RFQ's) for the selection of a certified appraiser, as needed. v. Review appraisal documents, determine just compensation and assist in preparing final acquisition documents. vi. Assist the GRANTEE in preparing acquisition file for each property acquired. vii. Assist the GRANTEE in complying with State and Federal requirements regarding donations of properties or relocation. F. LABOR STANDARDS COMPLIANCE i. Furnish.Engineer with all HUD documentation, including Federal Wage determinations, for preparation of check set of plans and specifications. ii. Maintain documentation attesting to all administrative and enforcement activities with respect of Federal labor standards requirements, including: a. Review all contract documents to ensure labor standards provisions, including current wage determinations, are included b. Check all contractors and subcontractors to verify they are a bona fide company and have no deficiencies outstanding from previous federal work c. Conduct pre -construction conferences to obtain various certifications of all contractors and subcontractors d. Review weekly payrolls e. Assure wage rates and Equal Employment Opportunity signs are posted at the job site f. Monitor on-site inspection reports g. Conduct employee interviews to insure Davis -Bacon wages are being paid iii. Secure updated Federal Wage Determination ten (10) days prior to bid opening date and assist in notifying bidders of any changes in Wage Determinations. iv. Monitor that all contracts and subcontracts contain Federal Labor Standards provisions, applicable wage determinations and other required Federal and local 4 I:\WORK\PLANNING\CDBGWDA-co\MERIDIAN\Seniors\Phase MAdminContract updated 01.27.06.DOC E • assurances and documentation. Check contractor and subcontractor eligibility with DEPARTMENT (HUD) before starting construction. v. Conduct pre -construction conference: inform all contractors, and those subcontrac- tors that have been selected of their labor standard and fair employment practice obligations as required by HUD. Submit pre -construction conference minutes to DEPARTMENT. Submit executed contract documents to DEPARTMENT for review and approval. vi. During construction, conduct on-site inspections and worker interviews, checking for posting of Federal wage determination and Equal Employment Opportunity poster, and collection and review of weekly contractor and subcontractor payrolls and subcontractor reports. vii. Seek prompt correction of all violations of labor standards and payroll discrepancies. H. FINANCIAL MANAGEMENT i. CONTRACTOR will assist the GRANTEE in establishing a project filing system, which will include: a. General Ledger b. Cash receipts/disbursements journals c. Requests for Funds/Source Documentation and Progress Reports ii. CONTRACTOR will act as prime coordinator to process Requests for Funds and obtain funding from the DEPARTMENT. iii. Submit Performance Reports to the DEPARTMENT. iv. Schedule with DEPARTMENT for monitoring as required. v. Provide continued project administration through closeout in accordance with State and Federal requirements. I. PROCUREMENT OF MATERIAL AND SERVICES i. Provide assistance to the GRANTEE in the procurement of all contracts and subcontracts to ensure the procurement process meets with the requirements of the funding agencies. ii. Coordinate to obtain, if necessary, DEPARTMENT approval for scope of work/project area adjustments after on-site confirmation of pre -design project scope by engineers and the GRANTEE. I:\WORK\PLANNING\CDBG\ADA-co\MERIDIAN\Seniors\Phase MAdminContract_updated 01.27.06.DOC 0 i iii. Furnish Engineer with all HUD documentation, including Federal Wage Determinations, for preparation of check set of Plans and Specifications. iv. Submit documents to the DEPARTMENT for final review no later than 15 days prior to going out to bids, along with the required Bid Document Review Certification form.. v. Monitor and counsel for proper advertisements of project for purpose of securing wide bidder activity to meet Federal (HUD) requirements. J. HANDICAPPED ACCESSIBILITY COMPLIANCE i. Designation of a responsible employee. ii. Adoption and public notification of the Policy on Non-discrimination. iii. Adoption and Public Notification of the 504 grievance procedure. iv. Establishing Section 504 Citizen Review Committee. v. Conducting local self-evaluation. vi. Developing a Transition Plan. 7. COMPENSATION For the satisfactory completion of the services to be provided under this Contract, the GRANTEE will pay the Contractor a sum, not to exceed $10,000 which the GRANTEE agrees to pay as set forth in attachment "A". Payment of compensation is contingent upon GRANTEE receiving an Idaho Community Block Grant of $100,000. 8. CONFLICT OF INTEREST The CONTRACTOR warrants that it presently has no interest and will not acquire any interest, direct or indirect, in the ICDBG project, which would conflict in any manner or degree with the performance of its services hereunder. The CONTRACTOR further covenants that, in performing this contract, it will employ, no person who has any such interest. Should any conflict of interest, as defined by the ICDBG Administrative Rules, arise during the performance of this contract, it will be disclosed and managed according to the ICDBG rules. 9. MODIFICATION AND ASSIGNABILITY OF CONTRACT Col I:\WORK\PLANNING\CDBGWDA-co\MERIDIAN\Seniors\Phase MAdminContract_updated 01.27.06.DOC 0 s This contract contains the entire agreement between the parties, and no statements, promises, or inducements made by either party, or agents of either party, which are not contained in the written contract, are valid or binding. This contact may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. The CONTRACTOR may not sub contract or assign its rights (including the right to compensation) or duties arising hereunder without the prior written consent of the GRANTEE and the DEPARTMENT. Any subcontractor or assignee will be bound by all the terms and conditions of this contract. 10. TERMINATION OF CONTRACT This contract may be terminated as follows: a. Termination due to loss of funding. In the event that the DEPARTMENT reduces or terminates payments under the ICDBG Program so as to prevent the GRANTEE from paying the CONTRACTOR with ICDBG funds, the GRANTEE will give the CONTRACTOR written notice, which sets forth the effective date of the termination and explain the reasons for the termination. The notice shall also describe the conditions for any reimbursement for any work completed. b. Termination for convenience. The GRANTEE may terminate this contract in whole, or in part, for the convenience of the GRANTEE when both parties agree that the continuation of the project is not in the best interest of both parties and that further expenditure of funds will not produce any results. The parties shall agree in writing upon the conditions, effective date and fair and reasonable payment for work completed. c. Termination for cause. i. If the GRANTEE determines that the CONTRACTOR has failed to comply with the terms and conditions of this contract, it may terminate this contract in whole, or in part, at any time before the date of completion. If the CONTRACTOR fails to comply with any of the terms and conditions of this contract, the GRANTEE may give notice, in writing, to the CONTRACTOR of any or all deficiencies claimed. The notice will be sufficient for all purposes if it describes the default in general terms. If all defaults are not cured and corrected within a reasonable period as specified in the notice, the GRANTEE may, with no further notice, declare this Contract to be terminated. The CONTRACTOR will thereafter be entitled to receive payment for those services reasonably performed to the date of termination, less the amount of reasonable damages suffered by the GRANTEE by reason of the CONTRACTOR'S failure to comply with this contract. ii. Notwithstanding the above, the CONTRACTOR is not relieved of liability to the GRANTEE for damages sustained by the GRANTEE by virtue of any breach of this contract by the CONTRACTOR, and the GRANTEE may withhold any payments to the 7 I:\WORK\PLANNING\CDBG\ADA-co\MERIDIAN\Seniors\Phase IMdminContract_updated 01.27.06.DOC 0 o CONTRACTOR for the purpose of set off until such time as the amount of damages due the GRANTEE from the CONTRACTOR is determined. 11. DOCUMENTS INCORPORATED BY REFERENCE The GRANTEE'S application to the DEPARTMENT for ICDBG funding, dated March 1, 2002, and all applicable federal and state statutes and regulations are incorporated into this contract in attachment "B". 12. CIVIL RIGHTS ACT OF 1964 The CONTRACTOR will abide by the provisions of the Civil Rights Act of 1964 which states that under Title VI, no person may, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 13. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. The CONTRACTOR will comply with the following provision: No person in the United States may, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole, or in part, with the funds made available under this title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 will also apply to any such program or activity. 14. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968. The CONTRACTOR will ensure that, to the greatest extent feasible, opportunities for training and employment arising in connection with this ICDBG-assisted project will be extended to lower income project area residents. Further, the contractor will, to the residents of the project area in the award of contracts and purchase of services and supplies. 15. MINORITY BUSINESS ENTERPRISE. Consistent with the provisions of Executive Order 11246 and OMB Circular A-102, Attachment O, the CONTRACTOR will take affirmative steps to assure that minority businesses are used when possible as sources of supplies, equipment, construction and services. Additionally, the CONTRACTOR must document all affirmative steps taken to solicit minority businesses and forward this documentation along with the names of the minority subcontractors and suppliers to the GRANTEE upon request. 16. NONDISCRIMINATION The CONTRACTOR will not discriminate against any employee or applicant for 1:\WORK\PLANNING\CDBG\ADA-co\MERIDIAN\Seniors\Phase Il\AdminContract updated 01.27.06.DOC L employment on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental handicap, or national origin. 17. OWNERSHIP AND PUBLICATION OF MATERIALS All reports, information, data, and other materials prepared by the CONTRACTOR pursuant to this Contract are to be the property of the GRANTEE and the DEPARTMENT which have the exclusive and unrestricted authority to release, publish or otherwise use, in whole or part. All such materials developed under this contract shall not be subject to copyright or patent in the United States or in any other country without the prior written approval of the GRANTEE and the DEPARTMENT. 18. REPORTS AND INFORMATION The CONTRACTOR will maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this contract and such other records as may be deemed necessary by the GRANTEE to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the GRANTEE or its authorized representative, and will be retained for three years after the expiration of this contract. 19. ACCESS TO RECORDS. It is expressly understood that the CONTRACTOR's records relating to this contract will be available during normal business hours for inspection by the GRANTEE, the DEPARTMENT, the U.S. Department of Housing and Urban Development, the U.S. Comptroller General, Office of Inspector General, and, when required by law, representatives of the State of Idaho. 20. CONSTRUCTION AND VENUE. This Contract will be construed under and governed by the laws of the State of Idaho. In the event of litigation concerning it, venue is the in Fourth Judicial District for the County of Ada, State of Idaho. 21. INDEMNIFICATION. The CONTRACTOR waives any and all claims and recourse against the GRANTEE including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to the CONTRACTOR'S performance of this contract except for liability arising out of concurrent or sole negligence of the GRANTEE or its officers, agents or employees. Further, the CONTRACTOR will indemnify, hold harmless, and defend the GRANTEE against any and all claims, demands, damages, costs, expenses or liability arising out of the CONTRACTOR'S performance of this contract except for liability arising out of the concurrent or sole negligence of the GRANTEE 9 I:\WORK\PLANNING\CDBG\ADA-co\MERIDIAN\Seniors\Phase MAdminContract updated 01.27.06.DOC or its officers, agents or employees. 22. LEGAL FEES. In the event either party incurs legal expenses to enforce the terms and conditions of this contract, the prevailing party may be entitled to recover reasonable attorney's fees and other costs as set forth under Idaho Law. 23. SPECIAL WARRANTY. The CONTRACTOR warrants that nothing of monetary value has been given, promised or implied as remuneration or inducement to enter into this contract. The CONTRACTOR further declares that no improper personal, political or social activities have been used or attempted in an effort to influence the outcome of the competition, discussion, or negotiation leading to the award of this contract. Any such activity by the CONTRACTOR shall make this contract null and void. IN WITNESS WHEREOF, the parties hereto have executed this contract on the 7 daY of /�,Zrxa,,q 2006. SAGE COMMUNITY RESOURCES CITY OF MERIDIAN M. Kathleen A. Simko President Sage Community Resources Date Attest: 10 BY: de eerd, Mayor Ci eridian "0110111 2-7-06 Date Gz��irovc� h y I:\WORK\PLANNING\CDBG\ADA-co\MERIDIAN\Seniors\Phase II\AdminCont act updated 01.27.06.DOC 0 ATTACHMENT A The GRANTEE shall pay CONTRACTOR for performance of the services described in Section 6 a sum not to exceed $10,000, as detailed in Section 6 and the following paragraph, unless such sum is subsequently changed by the agreement of both parties as described in Section 9. Both parties mutually agree that payment for all activities listed below will be contingent on the GRANTEE receiving federal funding. Payment Requests: Upon CONTRACTOR'S written request, GRANTEE shall make progress payments to CONTRACTOR. Billings will occur based on work completed during the previous period and referenced on two bills: 1. Upon completion of Environmental Review Records, and the securing of "Notice of Removal of Grant Conditions and Release of Funds" from the DEPARTMENT. This includes all preliminary activities involved in setting up a grant, including, but not limited to, start-up activities, project file organization, budgeting, etc. Work with GRANTEE to explain grant requirements/expectations, assistance with procurement of engineering services. CONTRACTOR shall receive $2,500.00 (or 25%). 2. Upon execution of construction contract and completion of pre -construction conference and for work including, but not limited to, work with Architect and/or Engineer on preparation of bid package, bid opening/award, assistance with execution of construction contract, and conduct pre -construction conference, the CONTRACTOR shall receive $2,500.00 (or 25%). 3. Through construction period for work including, but not limited to, work with contractors/subcontractors to monitor Davis -Bacon, civil rights and all other required compliance activities: continue project management; attend meetings; maintain communication among all parties, i.e. GRANTEE, DEPARTMENT, architectural firm, engineer, contractors, and others as needed; and conduct project monitoring, as needed. CONTRACTOR shall receive monthly payments not to exceed a total of $4,000 (40%). The total amount paid in progress payments as listed above shall not exceed ninety (90) percent of the total compensation sum. Final Payment: GRANTEE shall pay the final $1,000.00 (or 10%) for the Contract sum, upon CONTRACTOR'S written requisition when all the above services are completed; DEPARTMENT has monitored the project files and cleared any and all monitoring findings; CONTRACTOR has prepared and submitted the Final Report for the closeout of the grant. Penal : CONTRACTOR shall lose $750.00 or 5% of the total contract amount whichever is greater for each unresolvable Finding of Non -Compliance or unresolvable Finding of Violation attributable to CONTRACTOR'S performance. 11 I:\WORK\PLANNING\CDBG\ADA-co\MERIDIAN\Seniors\Phase IRAdminContract updated 01.27.06.DOC Performance of Staff CONTRACTOR will be responsible for the successful performance and completion of services by assigned staff as specified in the Scope of Work. CONTRACTOR will certify that staff work is complete and in compliance with all ICDBG program requirements prior to requesting payment for services. 12 I:\WORK\PLANNING\CDBG\ADA-co\MERIDIAN\Seniors\Phase 11\AdminContract_updated 01.27.06.DOC • ATTACHMENT B 1. Nondiscrimination Under Title VI of the Civil Rights Act of 1964 This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Grantee shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the Grantee is undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. This agreement is also subject to the requirements under the Fair Housing Act Amendments of 1988, which has been expanded to cover handicapped persons and families with children. 2. Title VIII This Agreement is subject to the requirements of Title VIII of the Civil Rights Act of 1968 (P.L. 90-284), and HUD regulations with respect thereto, providing that it is the policy of the United States, within constitutional limitations, to provide fair housing, and prohibiting any person, in the sale, rental, financing, or brokers of housing, from discriminating or in any way making unavailable or denying a dwelling to any person because of race, color, religion, sex or national origin. In the implementation of Title VIII, HUD is guided by Executive Orders 11063 and 12259, and 24 -CFR parts 100 through 115, particularly part 107. 3. Section 109 This Agreement is also subject to provisions of Section 109 of the Housing and Community Development Act of 1974) P.L. 93-383), as amended. Section 109 prohibits the use of criteria based on race, color, national origin or sex to exclude any person from participation in or benefiting from any program or activity funded in whole or part with community development funds made available pursuant to the Act. Section 109 further incorporates prohibitions against age discrimination contained in the Age Discrimination Act of 1975 (42 USC 6101 et seq) and against handicapped discrimination contained in Section 504 of the Rehabilitation Act of 1973 (29 USC 794), as amended. 13 I:\WORK\PLANNING\CDBG\ADA-co\MERIDIAN\Seniors\Phase MAdminContract updated 01.27.06.DOC a 0 4. Labor Standards Except with respect to the rehabilitation of residential property designed for residential in excess of $2,000 for the construction, prosecution, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement, shall comply with the requirements of the Davis -Bacon Act, as amended (40 U.S.C. 276a -276a-5) and the Contract Work Hours and Safety Standard Act (40 U.S.C. 327 et seq.), as well as HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3 and 5.5 governing the payment of wage rates higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended to relieve the Grantee of its obligations, if any to require payment of the higher rates. The Grantee shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5. No award shall be made to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract. 5. Environmental Standards This Agreement is subject to the policies contained in the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and related laws, as furthered by HUD regulations contained in 24 CFR Part 58. The Grantee hereby assumes responsibility for environmental review, decision-making, and other action under NEPA and related laws, in accordance with Part 58. 6. Section 3 This Agreement is subject to the employment and contracting requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u). Section 3 requires that, to the greatest extend feasible, opportunities for training and employment be given to lower- income persons residing within the unit of local government or the metropolitan area or non - metropolitan county in which a covered project is located; and that contracts for work in connection with such projects be awarded, to the greatest extent feasible, to eligible business concerns which are located in, or owned in substantial part by, persons residing in the same metropolitan area or non -metropolitan county as the project. HUD regulations contained in 24 CFR Part 135 contain guidelines relating to Section 3 objectives. 14 I:\WORK\PLANNING\CDBG\ADA-co\MERIDIAN\Seniors\Phase R\AdminContract_updated 01.27.06.DOC 0 7. Lead Based Paint Hazards 9 The construction or rehabilitation of residential structures with assistance provided by this Agreement is subject to HUD Lead -Based Paint regulations, 24 CFR Part 35. Any grants or loans made by the Grantee for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of lead-based paint hazards under Subpart B of said regulations, and the Grantee shall be responsible for the inspections for the inspections and certifications required under section 35.14(f) thereof. 8. Conflict of Interest of Members Officers or Employees of Grantee Members of Local Governing Body or Other Public Officials No member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no public official of such locality or localities who exercised any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, n any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. The Grantee shall incorporate, or cause to be incorporated, in all such contracts a provision prohibiting such interest pursuant to the purposes of this section. 9. Prohibition Against Payments or Commissions The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval of applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974 or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. 10. Conflict of Interest of Certain Federal Officials No member of or Delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. 11. Historic Preservation Act of 1966 Historic Preservation Act of 1966, as amended (16 U.S.C. 470 et seq). 15 I:\WORK\PLANNING\CDBGWDA-co\MERIDIAN\Seniors\Phase IlWdminContmct updated 01.27.06.DOC is 12. Additional Assurances The Grantee shall remain fully obligated under the provisions of the Agreement notwithstanding its designation of any third party of parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement. The Grantee shall comply with all lawful requirements of the Grantor to insure this Agreement is carried out in accordance, and with the obligations and responsibilities of the Grantor to HUD. 13. Requirements of Units of General Local Government A. Certification Title I of the Housing and Community Development Act of 1974, as amended through 1983, Section 106(d)(5) units of general local government must make certain certifications on behalf of the unit of government. The State may not distribute funds unless the unit of government has submitted certifications providing essentially that: 1. it will minimize displacement as a result of activities assisted with ICDBG funds; 2. it will conduct and administer its program in conformance with Title VI and Title VIII, and affirmatively furthering fair housing. 3. it will provide opportunities for citizen participation comparable to the State's requirements (those described in Section 104(a) of the Act, as amended); 4. it will not use assessments or fees to recover the capital costs of ICDBG-funded public improvements from low and moderate income owner occupants; and 5. it will abide by all State and Federal rules and regulations related to the implementation and management of Federal grants. 16 I:\WORK\PLANNING\CDBG\ADA-co\MERIDIAN\Seniors\Phase ]RAdminConhact updated 01.27.06.DOC CITY OF MERIDIAN Request For Proposals For Administrative Services The City of Meridian is seeking assistance in administrating a project for the Idaho Community Development Block Grant Program. Meridian will be submitting an application for approximately $100,000 to rehabilitate the Meridian Senior Center to bring it into full code requirements. The City of Meridian is soliciting proposals for services to assist the city in managing federal funds for the completion of this project. The agreement will be on a lump sum, fixed price or cost reimbursement not to exceed basis, with payment terms to be negotiated with the selected offeror. Reimbursement for grant administration activities will be contingent on the city receiving federal funds. Specific duties will include but not be limited to: 1. Assisting with project development, financing applications and other pertinent documents; 2. Preparing all written reports, checklists or legal notices required ensuring compliance with federal and environmental requirements; 3. Establishing and maintaining all project files; preparing all written reports, checklists, or legal notices required to assure compliance with the applicable state and federal requirements; 4. Assisting the City with the selection of a project architect, in conformance with applicable procurement requirements, including the preparation of a request for proposals; 5. Conducting the Pre -Construction Conference and participating in additional construction progress meetings; 6. Reviewing and approving all proposed project expenditures to ensure their propriety and proper allocation to the project budget; 7. Serving as the City's designated Labor Standards Officer and assuring compliance with all applicable labor standard requirements; 8. Assuring compliance with all applicable civil rights requirements, including preparation of an equal employment opportunity plan and fair housing resolution; 9. Attending City Council meetings to provide project status reports and representing the project at any other public meetings deemed necessary; 10. Preparing all required performance reports and closeout documents and assisting the City with determination of applicable audit requirements; 11. Assist the City in complying with all the requirements of Section 504 of the Rehabilitation Act of 1973; and 12. Other administrative duties as required for successful project completion. Page 1 of 2 ,V The services will not include the disbursement or accounting of funds distributed by the City's financial officer, legal advice, fiscal audits, or assistance with activities not related to the project. Responses should include and respondents will be evaluated according to the following criteria: Experience of the consultant with various state and federal funding programs, including but not limited to the Idaho Community Development Program (30%); 2. Services proposed (30%); 3. Qualifications of personnel proposed to be directly involved with the project and time allotted (30%); and 4. Completeness of the proposal (10%). The selection of finalists will be based on an evaluation of the written responses. The award will be made to the most qualified offeror whose proposal is deemed most advantageous to the City, all factors considered. The City will reserve the right to interview the finalist. Unsuccessful offerors will be notified as soon as possible. Questions and responses should be directed to: Will Berg, City Clerk City of Meridian 33 East Idaho Avenue Meridian, ID 83642 (208) 888-4433 All responses must be received no later than 3:00 pm on Monday, January 23, 2006. Please state "Administrative Services Proposals" on the outside of the response package. This solicitation is being offered in accordance with OMB Circular A-102 and the Idaho State statutes governing procurement of professional services. Accordingly, the City reserves the right to negotiate an agreement based on fair and reasonable compensation for the scope of work and services proposed, as well as the right to reject any and all responses deemed unqualified, unsatisfactory or inappropriate. Page 2 of 2 C. PROFESSIONAL SERVICES CONTRACT This contract is entered into this� day of '2006, by and between the City of Meridian, Idaho, herein referred to as the "GRANTEE" and Sage Community Resources dba IDA -ORE Planning and Development Association, whose address is 1001 South Orchard Boise, ID 83705, herein referred to as the "CONTRACTOR", Witnesseth: WHEREAS, the GRANTEE has made application to and been awarded by the Idaho Department of Commerce, herein referred to as the "DEPARTMENT," for the receipt of grant funds under the Idaho Community Development Block Grant (ICDBG) Program for the purposes of assisting "...the City of Meridian in their Senior Center Rehabilitation project"; and WHEREAS, the GRANTEE desires to engage the CONTRACTOR to render certain services related to the administration of the above described ICDBG project; and WHEREAS, The GRANTEE has complied with provisions for soliciting of contractors as cited in OMB Circular A-102; and WHEREAS, in order to assure effective management of the above project, it is deemed to be in the best interests of the GRANTEE to enter into an agreement with the CONTRACTOR as hereinafter provided; NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. EMPLOYMENT OF CONTRACTOR The GRANTEE agrees to engage the CONTRACTOR, and the CONTRACTOR agrees to provide the services described in Section 6 in order to provide for the administration and management of the ICDBG project for the GRANTEE as approved by the DEPARTMENT. 2. EMPLOYEE -EMPLOYER RELATIONSHIP The contracting parties warrant by their signature that no employer-employee relationship is established between the CONTRACTOR and the GRANTEE by the terms of this contract. It is understood by the parties hereto that the CONTRACTOR is an independent contractor and as such neither it nor its employees, if any, are employees of the GRANTEE for purposes of tax, retirement system, or social security (FICA) withholding. 3. CONTRACTOR'S INSURANCE The CONTRACTOR warrants that it has obtained, and will maintain at its expense for the duration of this Contract, statutory worker's compensation coverage, employer's liability and comprehensive general liability insurance shall have, at a minimum, a coverage limit of at least one hundred thousand dollars ($100,000) per claim, and five hundred thousand dollars ($500,000) aggregate. I.IWORKIPLANNINGICDBG\ADA-co1MBRIDIAN\Seniors\Phasc MAdminContract updated 01.27.06.DOC 4. LIAISON The GRANTEE designated liaison with the CONTRACTOR is Mr. Will Berg, City Cleric. The CONTRACTOR'S designated liaison with the City of Meridian is J'ennifer'Tomlinson, Planning Specialist. 5. EFFECTIVE DATE AND TIME OF PERFORMANCE The services to be performed by the CONTRACTOR will be completed upon project closeout. 6. SCOPE OF WORK. Rem -tv J9HachP'ne'n t The CONTRACTOR will perform the following services: A. PROJECT PLANNING i. Work with the City of Meridian to plan final funding source strategy for the project. This will include attending necessary meetings, public presentations, performing research, and giving recommendations for project development activities. Ms. Tomlinson will serve as final grants development coordinator and provide liaison with governmental funding partners. ii. Working in conjunction with the GRANTEE, and their Architect, CONTRACTOR will develop, publish, and submit necessary applications for grant assistance to the State agencies. iii. Develop an approved Administrative Plan and secure approval of the Plan by the fluading agency. B. CITIZEN PARTICIPATION i. Assist GRANTEE in conducting public hearing required previous to grant application submittal and at 50% construction completion. C. ENVIRONMENTAL REVIEW i. Have GRANTEE appoint Environmental Review Officer. ii. Establish Environmental Review Record file. iii. Determine whether project is categorically excluded. Complete Statutory Checklist. 0) I:IWORK\PLANNING1CDBGWDA-cotMERIDIANNSeniorslPhase IMdminContract updated 01.27.06.DOC iv. If project is not excluded, conduct Environmental Assessment to include impacts on and mitigating measures for: a. Community b. Site c. Historic preservation d. Floodplain/wetland e. Endangered species f.. Local regulations v. If no restrictions are placed on the project by the agencies contacted during the Environmental Assessment, prepare Finding of No Significant. Impact (FONSI) a. Publish FONSI and distribute notice and Request for Release of Funds (15 days) b. Mail Certification and Request for Release of Funds to DEPARTMENT along with a copy of publication (15 -day comment period) c. Receive Release of Funds from the DEPARTMENT D. CIVIL RIGHTS COMPLIANCE i. Establish a file containing the GRANTEE'S Affirmative Action Plan, Community Profile, staffing minority status or other documents and statistics, which demonstrate GRANTEE'S minority and handicapped population and efforts in nondiscriminatory practices. ii. File signed Section 3 Clause and Certifications. iii. Submit MBE/WBE Solicitation Summaries for all solicitations for services. iv. Comply with GRANTEE Section 3 Plan and maintain documentation. v. Implement at least three (3) of the Fair Housing activities listed in the Civil Rights Handbook, including an Analysis of Impediments to Fair Housing. vi. Consistent with the provision of Executive Order 11246 and OMB Circular A-102, Attachment O, CONTRACTOR will take affirmative steps to assure that women (WBE) and minority businesses (DBE) are used when possible as sources of supplies, equipment, construction and services. Additionally, CONTRACTOR will document all affirmative steps taken to solicit WBE & DBE businesses and forward this documentation along with the names of the WBE & DBE subcontractors and suppliers to the local government CDBG recipient upon request. 3 I.\WORKIPLANNING\CDBG\ADA-co\MERIDIANIseniors\Phase II1AdminCon1mct updated 01.27.06.DOC E. ACQUISITION AND RELOCATION COMPLIANCE i. Determine whether acquisition is governed by Title III of the Uniform Relocation Act. ii. Assist in the preparation of documentation for temporary or permanent easement allocation and acquisition of real property. iii. Prepare acquisition notices. iv. Prepare Requests for Qualification (RFQ's) for the selection of a certified appraiser, as needed. v. Review appraisal documents, determine just compensation and assist in preparing final acquisition documents. vi. Assist the GRANTEE in preparing acquisition file for each property acquired. vii. Assist the GRANTEE in complying with State and Federal requirements regarding donations of properties or relocation. F. LABOR STANDARDS COMPLIANCE i. Furnish Engineer with all HM documentation, including Federal Wage determinations, for preparation of check set of plans and specifications. ii. Maintain documentation attesting to all administrative and enforcement activities with respect of Federal labor standards requirements, including: a. Review all contract documents to ensure labor standards provisions, including current wage determinations, are included b. Check all contractors and subcontractors to verify they are a bona fide company and have no deficiencies outstanding from previous federal work c. Conduct pre -construction conferences to obtain various certifications of all contractors and subcontractors d. Review weekly payrolls e. Assure wage rates and Equal Employment Opportunity signs are posted at the job site f. Monitor on-site inspection reports g. Conduct employee interviews to insure Davis -Bacon wages are being paid iii. Secure updated Federal Wage Determination ten (10) days prior to bid opening date and assist in notifying bidders of any changes in Wage Determinations. iv. Monitor that all contracts and subcontracts contain Federal Labor Standards provisions, applicable wage determinations and other required Federal and local 4 ]:iWORK1PLANNIN=DDG\ADA-co1MERIDIAWenion \Phase IMdminContmet_updated 01.27.06.DOC assurances and documentation. Check contractor and subcontractor eligibility with DEPARTMENT (HUD) before starting construction. v. Conduct pre -construction conference: inform all contractors, and thosesubcontrac-- tors that have been selected of their labor standard and fair employment practice obligations as required by HUD. Submit pre -construction conference minutes to DEPARTMENT. Submit executed contract documents to DEPARTMENT for review and approval. vi. During construction, conduct on-site inspections and worker interviews, checking for posting of Federal wage determination and Equal Employment Opportunity poster, and collection and review of weekly contractor and subcontractor payrolls and subcontractor reports. vii. Seek prompt correction of all violations of labor standards and payroll discrepancies. H. FINANCIAL MANAGEMENT i. CONTRACTOR will assist the GRANTEE in establishing a project filing system, which will include: a. General Ledger b. Cash receipts/disbursements journals c. Requests for Funds/Source Documentation and Progress Reports ii. CONTRACTOR will act as prime coordinator to process Requests for Funds and obtain funding from the DEPARTMENT. iii. Submit Performance Reports to the DEPARTMENT. iv. Schedule with DEPARTMENT for monitoring as required. v. Provide continued project administration through closeout in accordance with State and Federal requirements. I. PROCUREMENT OF MATERIAL AND SERVICES i. Provide assistance to the GRANTEE in the procurement of all contracts and subcontracts to ensure the procurement process meets with the requirements of the funding agencies. ii. Coordinate to obtain, if necessary, DEPARTMENT approval for scope of work/project area adjustments after on-site confirmation of pre -design project scope by engineers and the GRANTEE. 1.\WORK\PLANNING\CDBG\ADA-co\MERIDIAN\Seniors\Phase IhAdminContract updated 01.29.06.DOC iii. Furnish Engineer with all HUD documentation, including Federal Wage Determinations, for preparation of check set of Plans and Specifications. iv. Submit documents to the DEPARTMENT for final review no later than 15 days prior to going out to bids, along with the required Bid Document Review Certification form.. v. Monitor and counsel for proper advertisements of project for purpose of securing wide bidder activity to meet Federal (HUD) requirements. J. HANDICAPPED ACCESSIBILITY COMPLIANCE i. Designation of a responsible employee. ii. Adoption and public notification of the Policy on Non-discrimination. iii. Adoption and Public Notification of the 504 grievance procedure. iv. Establishing Section 504 Citizen Review Committee. v. Conducting local self-evaluation. vi. Developing a Transition Plan. 7. COMPENSATION For the satisfactory completion of the services to be provided under this Contract, the GRANTEE will pay the Contractor a sum, not to exceed $10,000 which the GRANTEE agrees to pay as set forth in attachment "A". Payment of compensation is contingent upon GRANTEE receiving an Idaho Community Block Grant of $100,000. 8. CONFLICT OF INTEREST The CONTRACTOR warrants that it presently has no interest and will not acquire any interest, direct or indirect, in the ICDBG project, which would conflict in any manner or degree with the performance of its services hereunder. The CONTRACTOR further covenants that, in performing this contract, it will employ, no person who has any such interest. Should any conflict of interest, as defined by the ICDBG Administrative Rules, arise during the performance of this contract, it will be disclosed and managed according to the ICDBG rules. 4. MODIFICATION AND ASSIGNABILITY OF CONTRACT :1 [:1WORKNPLANNINGICDBGIADA-co\MERII)IAN\Seniors\Phase MAdminContmet updated 01.27.06.DOC This contract contains the entire agreement between the parties, and no statements, promises, or inducements made by either party, or agents of either party, which are not contained in the written contract, are valid or binding. This contact may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. The CONTRACTOR may not sub contract or assign its rights (including the right to compensation) or duties arising hereunder without the prior written consent of the GRANTEE and the DEPARTMENT. Any subcontractor or assignee will be bound by all the terms and conditions of this contract. 10. TERMINATION OF CONTRACT This contract may be terminated as follows: a. Termination due to loss of funding. In the event that the DEPARTMENT reduces or terminates payments under the ICDBG Program so as to prevent the GRANTEE from paying the CONTRACTOR with ICDBG funds, the GRANTEE will give the CONTRACTOR written notice, which sets forth the effective date of the termination and explain the reasons for the termination. The notice shall also describe the conditions for any reimbursement for any work completed. b. Termination for convenience. The GRANTEE may terminate this contract in whole, or in part, for the convenience of the GRANTEE when both parties agree that the continuation of the project is not in the best interest of both parties and that further expenditure of funds will not produce any results. The parties shall agree in writing upon the conditions, effective date and fair and reasonable payment for work completed. c. Termination for cause. i. If the GRANTEE determines that the CONTRACTOR has failed to comply with the terms and conditions of this contract, it may terminate this contract in whole, or in part, at any time before the date of completion. If the CONTRACTOR fails to comply with any of the terms and conditions of this contract, the GRANTEE may give notice, in writing, to the CONTRACTOR of any or all deficiencies claimed. The notice will be sufficient for all purposes if it describes the default in general terms. If all defaults are not cured and corrected within a reasonable period as specified in the notice, the GRANTEE may, with no further notice, declare this Contract to be terminated. The CONTRACTOR will thereafter be entitled to receive payment for those services reasonably performed to the date of termination, less the amount of reasonable damages suffered by the GRANTEE by reason of the CONTRACTOR'S failure to comply with this contract. ii. Notwithstanding the above, the CONTRACTOR is not relieved of liability to the GRANTEE for damages sustained by the GRANTEE by virtue of any breach of this contract by the CONTRACTOR, and the GRANTEE may withhold any payments to the 7 I:IWORK\PI ANNINGICDBG\ADA-co\MERIDIAMSeniors\Phase MAdminContract updated 01.27.06.DOC CONTRACTOR for the purpose of set off until such time as the amount of damages due the GRANTEE from the CONTRACTOR is determined. 11. DOCUMENTS INCORPORATED BY REFERENCE The GRANTEE'S application to the DEPARTMENT for ICDBG funding, dated March 1, 2002, and all applicable federal and state statutes and regulations are incorporated into this contract in attachment "B". 12. CIVIL RIGHTS ACT OF 1964 The CONTRACTOR will abide by the provisions of the Civil Rights Act of 1964 which states that under Title VI, no person may, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 13. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. The CONTRACTOR will comply with the following provision: No person in the United States may, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole, or in part, with the funds made available under this title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 will also apply to any such program or activity. 14. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968. The CONTRACTOR will ensure that, to the greatest extent feasible, opportunities for training and employment arising in connection with this ICDBG assisted project will be extended to lower income project area residents. Further, the contractor will, to the residents of the project area in the award of contracts and purchase of services and supplies. 15. MINORITY BUSINESS ENTERPRISE. Consistent with the provisions of Executive Order 11246 and OMB Circular A-102, Attachment O, the CONTRACTOR will take affirmative steps to assure that minority businesses are used when possible as sources of supplies, equipment, construction and services. Additionally, the CONTRACTOR must document all affirmative steps taken to solicit minority businesses and forward this documentation along with the names of the minority subcontractors and suppliers to the GRANTEE upon request. 16. NONDISCRIMINATION The CONTRACTOR will not discriminate against any employee or applicant for 0 1:1WORIMLANNINGICDBGIADA-co\MERIDIANISeniors\Phase IMdminContmct_updated 01.27.06.DOC employment on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental b andicap, or national origin. 17. OWNERSHIP AND PUBLICATION OF MATERIALS All reports, information, data, and other materials prepared by the CONTRACTOR pursuant to this Contract are to be tLe property of the GRANTEE and the DEPARTMENT which have the exclusive and unrestricted authority to release, publish or otherwise use, in whole or part. All such materials developed under this contract shall not be subject to copyright or patent in the United States or in any other country without the prior written approval of the GRANTEE and the DEPARTMENT. 18. REPORTS AND INFORIV[ATION The CONTRACTOR will maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this contract and such other records as may be deemed necessary by the GRANTEE to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the GRANTEE or its authorized representative, and will be retained for three years alter the expiration of this contract. 19. ACCESS TO RECORDS. It is expressly understood that the CONTRACTOR's records relating to this contract will be available during normal business hours for inspection by the GRANTEE, the DEPARTMENT, the U.S. Department of Housing and Urban Development, the U.S. Comptroller General, Office of Inspector General, and, when required by law, representatives of the State of Idaho. 20. CONSTRUCTION AND SIENUE. This Contract will be congxued under and governed by the laws of the State of Idaho. In the event of litigation concerning it, venue is the in Fourth Judicial District for the County of Ada, State of Idaho. 21. INDEMNIFICATION. The CONTRACTOR waives any and all claims and recourse against the GRANTEE including the right of contfibution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to the CONTRACTOR'S performance of this contra: t except for liability arising out of concurrent or sole negligence of the GRANTEE or its officers, agents or employees. Further, the CONTRACTOR will indemnify, hold harmless, and defend the GRANTEE against any and all claims, demands, damages, costs, expenses or liability arising out of the CONTRACTOR'S performance of this contract except for liability arising out of the concurrent or sole negligence of the GRANTEE E 1.\WORK\PLANNING1CDBG1AAA-W\MERIDIAN1SeniorslPhase IhAdminContmet updated 01.27.06.DQC or its officers, agents or employees. 22. LEGAL FEES. In the event either party incurs legal expenses to enforce the terms and conditions of this contract, the prevailing party may be entitled to recover reasonable attorney's fees and other costs as set forth under Idaho Law. 23. SPECIAL WARRANTY. The CONTRACTOR warr.mts that nothing of monetary value has been given, promised or implied as remuneration or inducement to enter into this contract. The CONTRACTOR further declares that no improper personal, political or social activities have been used or attempted in an effort to influence the outcome of the competition, discussion, or negotiation leading to the award of this contract. Any such activity by the CONTRACTOR shall make this contract null and void. IN WITNESS WHEREOF, the: parties hereto have executed this contract on the 76day of lJY Gi , 2006. SAGE COMMUNITY RESOURCES BY: '``Y - Kathleen A. Simko President Sage Community Resources 27a h Date Attest: 10 CITY OF MERID1AN BY: �ttilI I11111! T de Weerd, Ma Of J b`'J'A f Meridian 2 --7-Vt �a Date 40P,mac b-/ a6- Attest: 6 Attest: `-- I:lWORK\Pt-ANNINMDBG\ADA-m\MERIDIAN\Seniors\Phase IMdminContract updated 01.29.06.DOC ATTACHMENT A The GRANTEE shall pay CONTRACTOR for performance of the services described in Section 6 a sum not to exceed $10,000, as detailed in Section 6 and the following paragraph, unless such sum is subsequently changed by the agreement of both parties as described in Section 9. Both parties mutually agree that payment for all activities listed below will be contingent on the GRANTEE receiving federal funding. Payment Requests Upon CONTRACTOWS written request, GRANTEE shall make progress payments to CONTRACTOR. Billings will occur based on work completed during the previous period and referenced on two bills: 1. Upon completion of Environmental Review Records, and the securing of "Notice of Removal of Grant Conditions and Release of Funds" from the DEPARTMENT. This includes all preliminary activities involved in setting up a grant, including, but not limited to, start-up activities, project file organization, budgeting, etc. Work with GRANTEE to explain grant requirements/expectations, assistance with procurement of engineering services. CONTRACTOR shall receive $2,500.00 (or 25%). 2. Upon execution of construction contract and completion of pre -construction conference and for work including, but not limited to, work with Architect and/or Engineer on preparation of bid package, bid openinglaward, assistance with execution of construction contract, and conduct pre -construction conference, the CONTRACTOR shall receive $2,500.00 (or 25%). 3. Through construction peric d for work including, but not limited to, work with contractors/subcontractors to monitor Davis -Bacon, civil rights and all other required compliance activities: continue project management; attend meetings; maintain communication among all parties, i.e. GRANTEE, DEPARTMENT, architectural firms, engineer, contractors, and others as needed; and conduct project monitoring, as needed. CONTRACTOR shall receive monthly payments not to exceed a total of $4,000 (40%). The total amount paid in progress payments as listed above shall not exceed ninety (90) percent of the total compensation sum. Final Payment: GRANTEE shall pay the final $1,000.00 (or 100%) for the Contract sum, upon CONTRACTOR'S written regtdsition when all the above services are completed; DEPARTMENT has monitored the project files and cleared any and all monitoring findings; CONTRACTOR has prepared and submitted the Final Report for the closeout of the grant. Penal : CONTRACTOR shall lose $750.00 or 5% of the total contract amount whichever is greater for each unresolvable Finding of Non -Compliance or unresolvable Finding of Violation attributable to CONTRACTORS performance. 11 1:1WORKtPLANNINGICDBGIADA-co\MER13IANVSeniors\Phase IAAdminContract updated 01.27.06.DOC Performance of Stag CONTRACTOR will be responsible for the successful performance and completion of services by assigned staff as specified in the Scope of Work. CONTRACTOR will certify that staff work is complete and in compliance with all ICDBG program requirements prior to requesting payment for services. 12 I:IWORKIPLA1VNINO1CDBG%ADA-co1MERIDIAMSeniors\Phase IMdminContract updated 01.2, .06.DOC ATTACHMENT B 1. Nondiscrimination Under Title VI of the Civil Rights Act of 1964 This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Grantee shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the Grantee is undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. This agreement is also subject to the requirements under the Fair Housing Act Amendments of 1988, which has been expanded to cover handicapped persons and families with children. 2. Title VIII This Agreement is subject to the requirements of Title VIII of the Civil Rights Act of 1968 (P.L. 90-284), and HUD regulations with respect thereto, providing that it is the policy of the United States, within constitutional limitations, to provide fair housing, and prohibiting any person, in the sale, rental, financing, or brokers of housing, from discriminating or in any way making unavailable or denying a dwelling to any person because of race, color, religion, sex or national origin. In the implementation of Title VIII, HUD is guided by Executive Orders 11063 and 12259, and 24 -CFR parts 100 through 115, particularly part 107. 3. Section 109 This Agreement is also subject to provisions of Section 109 of the Housing and Community Development Act of 1974) P.L. 93-383), as amended. Section 109 prohibits the use of criteria based on race, color, national origin or sex to exclude any person from participation in or benefiting from any program or activity funded in whole or part with community development funds made available pursuant to the Act. Section 109 further incorporates prohibitions against age discrimination contained in the Age Discrimination Act of 1975 (42 USC 6101 et seq) and against handicapped discrimination contained in Section 504 of the Rehabilitation Act of 1973 (29 USC 794), as amended. 13 I.\WORK\PLANNING\CDBG\ADA-co\MERIDIAN\Seniors\Pbase IMdminContraet updated 01.27.06.©OC 4. Labor Standards Except with respect to the rehabilitation of residential property designed for residential in excess of $2,000 for the construction, prosecution, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement, shall comply with the requirements of the Davis -Bacon Act, as amended (40 U.S.C. 276a -276a-5) and the Contract Work Hours and Safety Standard Act (40 U.S.C. 327 et seq.), as well as HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3 and 5.5 governing the payment of wage rates higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended to relieve the Grantee of its obligations, if any to require payment of the higher rates. The Grantee shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5. No award shall be made to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract. 5. Environmental Standards This Agreement is subject to the policies contained in the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and related laws, as furthered by HUD regulations contained in 24 CFR Part 58. The Grantee hereby assumes responsibility for environmental review, decision-making, and other action under NEPA and related laws, in accordance with Part 58. 6. Section 3 This Agreement is subject to the employment and contracting requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u). Section 3 requires that, to the greatest extend feasible, opportunities for training and employment be given to lower- income persons residing within the unit of local government or the metropolitan area or non - metropolitan county in which a covered project is located; and that contracts for work in connection with such projects be awarded, to the greatest extent feasible, to eligible business concerns which are located in, or owned in substantial part by, persons residing in the same metropolitan area or non -metropolitan county as the project. HUD regulations contained in 24 CFR Part 135 contain guidelines relating to Section 3 objectives. 14 I:IW©RK\PLANNINGICDBG\ADA-co\MERID1AMSeniors\Phase IMdminContract updated 01.27.N.DQC 7. Lead Based Paint Hazards The construction or rehabilitation of residential structures with assistance provided by this Agreement is subject to HUD Lead -Based Paint regulations, 24 CFR Part 35. Any grants or loans made by the Grantee for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of lead-based paint hazards under Subpart B of said regulations, and the Grantee shall be responsible for the inspections for the inspections and certifications required under section 35.14(f) thereof. 8. Conflict of Interest of Members Officers, or Employees of Grantee Members of Local Governing Body, or Other Public Officials: No member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no public official of such locality or localities who exercised any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, n any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. The Grantee shall incorporate, or cause to be incorporated, in all such contracts a provision prohibiting such interest pursuant to the purposes of this section. 9. Prohibition Against Payments or Commissions The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval of applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974 or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. 10. Conflict of Interest of Certain Federal Officials No member of or Delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. 11. Historic Preservation Act of 1966 Historic Preservation Act of 1966, as amended (16 U.S.C. 474 et sec). 15 I:IWORIMLAMNINOkCDBMADA-co1MERIDIA3VlseniorslPhase IMdminContraet_updated 0I.27.06.DOC 12. Additional Assurances The Grantee shall remain fully obligated under the provisions of the Agreement notwithstanding its designation of any third party of parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement. The Grantee shall comply with all lawful requirements of the Grantor to insure this Agreement is carried out in accordance, and with the obligations and responsibilities of the Grantor to HUD. 13. Requirements of Units of General Local Government A. Certification Title I of the Housing and Community Development Act of 1974, as amended through 1983, Section 106(d)(5) units of general local government must make certain certifications on behalf of the unit of government. The State may not distribute funds unless the unit of government has submitted certifications providing essentially that: 1. it will minimize displacement as a result of activities assisted with ICDBG funds; 2. it will conduct and administer its program in conformance with Title VI and Title VIII, and affirmatively furthering fair housing. I it will provide opportunities for citizen participation comparable to the State's requirements (those described in Section 104(a) of the Act, as amended); 4. it will not use assessments or fees to recover the capital costs of ICDBG-funded public improvements from low and moderate income owner occupants; and 5. it will abide by all State and Federal Hiles and regulations related to the implementation and management of Federal grants. 16 1:\WORK\PLANNIN=DBG\ADA-co\MERIDIAN\Seniors\Phase ti\AdminContract updated 01.27.06.DOC CITY OF MERIDIAN Request For Proposals For Administrative Services The City of Meridian is seeking assistance in administrating a project for the Idaho Community Development Block Grant Program. Meridian will be submitting an application for approximately $100,000 to rehabilitate the Meridian Senior Center to bring it into full code requirements. The City of Meridian is soliciting proposals for services to assist the city in managing federal funds for the completion of this project. The agreement will be on a lump sum, fixed price or cost reimbursement not to exceed basis, with payment terms to be negotiated with the selected offeror. Reimbursement for grant administration activities will be contingent on the city receiving federal funds. Specific duties will include but not be limited to: 1. Assisting with project development, financing applications and other pertinent documents; 2. Preparing all written reports, checklists or legal notices required ensuring compliance with federal and environmental requirements; 3. Establishing and maintaining all project files; preparing all written reports, checklists, or legal notices required to assure compliance with the applicable state and federal requirements; 4. Assisting the City with the selection of a project architect, in conformance with applicable procurement requirements, including the preparation of a request for proposals; 5. Conducting the Pre -Construction Conference and participating in additional construction progress meetings; 6. Reviewing and approving all proposed project expenditures to ensure their propriety and proper allocation to the project budget; 7. Serving as the City's designated Labor Standards Officer and assuring compliance with all applicable labor standard requirements; 8. Assuring compliance with all applicable civil rights requirements, including preparation of an equal employment opportunity plan and fair housing resolution; 9. Attending City Council meetings to provide project status reports and representing the project at any other public meetings deemed necessary; 10. Preparing all required performance reports and closeout documents and assisting the City with determination of applicable audit requirements; 11. Assist the City in complying with all the requirements of Section 504 of the Rehabilitation Act of 1973; and 12. Other administrative duties as required for successful project completion. Page 9 of 2 The services will not include the disbursement or accounting of funds distributed by the City's financial officer, legal advice, fiscal audits, or assistance with activities not related to the project. Responses should include and respondents will be evaluated according to the following criteria: Experience of the consultant with various state and federal funding programs, including but not limited to the Idaho Community Development Program (30%); 2. Services proposed (30%); 3. Qualifications of personnel proposed to be directly involved with the project and time allotted (30%); and 4. Completeness of the proposal (10%). The selection of finalists will be based on an evaluation of the written responses. The award will be made to the most qualified offeror whose proposal is deemed most advantageous to the City, all factors considered. The City will reserve the right to interview the finalist. Unsuccessful offerors will be notified as soon as possible. Questions and responses should be directed to: Will Berg, City Clerk City of Meridian 33 East Idaho Avenue Meridian, ID 83642 (208) 8884433 All responses must be received no later than 3:00 pm on Monday, January 23, 2006. Please state "Administrative Services Proposals" on the outside of the response package. This solicitation is being offered in accordance with OMB Circular A-102 and the Idaho State statutes governing procurement of professional services. Accordingly, the City reserves the right to negotiate an agreement based on fair and reasonable compensation for the scope of work and services proposed, as well as the right to reject any and all responses deemed unqualified, unsatisfactory or inappropriate. Page 2 of 2 February 3, 2006 MERIDIAN CITY COUNCIL MEETING February 7, 2006 0 APPLICANT ITEM NO. 5-G REQUEST Permanent and Temproary Easement Contract for the Meridian Joint School District No. 2 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See allached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: � CITY SEWER DEPT: V^L- CITY PARKS DEPT: Ae 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. JAN 3 0 2000 City Of Meridian City Clerk Office Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 01/26/2006 Re: Proposed Agenda Item for January 31, 2006 City Council Meeting The Public Works Department respectfully requests the following item be placed on the January 31 City Council agenda, under Consent Agenda, for Council's consideration. 1. Permanent and Temporary Easement Contract for the Meridian Joint School District No. 2. A permanent and temporary easement has been signed by the Meridian School District for the construction of the sanitary sewer on their property near Fuller Park for this project. Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement contract for the construction of the sanitary sewer on the property near Fuller Park for the Meridian Joint School District No. 2 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 1 SANITARY SEWER EASEMENT THIS INDENTURE, effective this 13th day of December, 2005, by the undersigned Meridian Joint School District No. 2., who maintains a mailing address of 36 E. Pine Avenue, Meridian, ID 83642, hereafter referred to as "GRANTOR" forthe benefit of the City of Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of 33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as "CITY". WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the CITY; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the CITY the right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATTACHED EXHIBITS A-1, A-2 and B-1, B-2) The permanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer line- and allied facilities, together with maintenance, repair and replacement at the convenience of the CITY, with the free right of access to such facilities, at any and all times. The temporary construction easement is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire when the construction contract terminates. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said CITY, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the CITY, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement. However, the CITY will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this permanent easement. SANITARY SEWER EASEMENT, Page 1 of 3 2. HOLD HARMLESS, In consideration of allowing Grantee to perform work on and/or operate within the said described parcel, Grantee expressly agrees to indemnify, save and hold harmless Grantor, it's successors and assigns, against any and all claims, suits, demands, actions, debts, injuries to persons, and damages to property, damages, costs, charges, and expenses, including all court cost and attorneys fee, and against any and all liability, losses and damages of any nature whatsoever, the "Damages" that Grantor shall or may at any time sustain or be put to by reason or as a result of Grantee performing, working on and/or operating within the here in above described parcel; provided that the damages are not caused by the negligence or other breach of legal duty by Grantor. THE GRANTOR(S) do hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. STATE OF IDAHO) County of Ada ) b On this a3rk- day of T#,vuuM L4 , 2006, before me {PQ,tY ie-ia A . �buAc.a..yt , personally appeared l.iOAQ [au/1e. , proved to me on the basis of satisfactory evidence to be the persons whose names is subscribed to the within jgjUWent, and acknowledged that they executed the same. .`'ASS%A. �•0•••. �' NOTARY PUBLIC FOR IDAHO 4� fpTAlet9 ss Grantor Meridian Joint School District No. 2 By: Dr. Linda Clark, Superintendent _ �'t7BL�G _•'_ My Commission Expires on 3-X7-0 Xgaj �IdfENT, Page 2 of 3 OF 19roo,� Beneficiary: CITY OF MERIDIAN By Tammy de Weerd, Mayor ATTEST: William Berg, Jr., City Clerk Date approved by Council: SANITARY SEWER EASEMENT, Page 3 of 3 0 0 EXHIBIT A-1 Project: 11873 Grantor. Meridian Joint School District No. 2 Parcel No: S1210142040 Date: November 9, 2005 PARCEL DESCRIPTION PERMANENT SEWER EASEMENT That portion of the Southeast A of the Northeast V4 of Section 10, Township 3 North, Range 1 West, Bofse Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the East 11 corner of Section 10; thence along the Southerly boundary Of the Southeast'! of the Northeast Y of said section, North 89'11'03" West, 1,327.73 feet; thence along the Westedy boundary of the Southeast N of the Northeast % of Section 10, North 00'2847" East, 666.68 feet to the POINT OF BEGINNING; thence continuing along said boundary, North 00.2847' East, 35.79 feet; thence South 45' 00'00" East, 74.06 feet to the center Eine of the Ten Mile Stub Drain; thence along said center line, North 85'0550" West, 39.62 feet; thence North 45°00'00" West, 18-66 feet to the POINT OF BEGINNING. Containing 0.027 acres, more or less. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. Ronald M. Hodge, P. L.S. RMH/TL.K:Ihc \iBo6eflle5lPtd►1iC14fOjeCtllhan8ge►51PHK111873-tilack CatlAdminit�\91 -Aermdcc 0 9 • EXHIBIT B-1 Project: 11873 Grantor: Meridian Joint School District No. 2 Parcel No: 51210142040 Date: November 9, 2005 PARCEL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT That portion of the Southeast % of the Northeast % of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the East % comer of Section 10; thence along the Southerly boundary of the Southeast 1/4 of the Northeast Y4 of said section, North 89'11'03" West, 1,327.73 feet; thence along the Westerly boundary of the Southeast 1/ of the Northeast % of Section 10, North 00"2847" East, 683.14 feet to the POINT OF BEGINNING; thence continuing along said boundary, North 00"2847" East, 100.00 feet; thence North 89"40'19" East, 100.00 feet; thence South 00"2847" West, 100.00 feet; thence South 89'40'19" West, 100.00 feet to the POINT OF BEGINNING. Containing 0.230 acres, more or less. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. 8575. It -40.174 dM RMH/TLK:Ihc t\SobefilalPublic\ProjectManarWHK1118n-Black CatlAdmiMDescript 0riSk1IVWeddiankhoo ist-Temp.doc City of Meridian 0 33 East Idaho Street, Meridian, ID 83642 PERMANENT AND TEMPORARY EASEMENT CONTRACT Project # and Description: 11873 Black Cat Sewer Proiect Parcel # and Owner: S1210142040 Meridian Joint School District No. 2 Date of Offer. December 13, 2005 THIS RIGHT-OF-WAY CONTRACT, made this 19! day ofJm4w 2006, between the City of Meridian, acting by its Mayor and Council, herein called "CITY" and Meridian Joint School District No. 2 herein called "GRANTOR". WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Permanent Sanitary Sewer Easement and Temporary Construction Easement included herewith as Exhibits A-1, A-2, B-1, & B-2: NOW THEREFORE, the parties hereto agree as follows: 1. The City shall notify the Grantor at least 14 days prior to the commencement of work on the site. 2. The City shall promptly replant any disturbed areas of grass with sod. I The City shall work with the Grantor to repair and replace any sprinklers damaged during construction. 4. This Contract shall not be binding unless and until executed by the Mayor and/or their authorized representatives. The parties have herein set out the whole of their agreement, the performance of which constitutes the entire consideration for the granting of said easement and shall relieve the CITY of all fiuther claims or obligations on that account or on account of the location, grade, construction and maintenance of the proposed sanitary sewer line. 5. The term of the temporary easement shall expire when the construction contract terminates. 5. The parties whose names appear below as Grantors, covenant and warrant that they are the OWNERS of the property to which this document applies, are fully authorized to execute this document and forever bind themselves, their successors and assigns and the subject property to the terms set forth herein. IN WITNESS WEREOF, the parties have executed this contract the day and year first above written. CITY OF MERIDIAN By. Tammy de Weerd, Mayor Date: ATTEST: William Berg, Jr., City Clerk Date approved by Council: 1/23/2006 GRANTORS Meridian Joint School District No. 2 Dr. Linda Clark, Superintendent Date: / , a3 --016 February 3, 2006 MERIDIAN CITY COUNCIL MEETING February 7, 2006 ITEM NO. 5-H APPLICANT REQUEST Agreement (Water / Sewer Assessment) for Candlewood Suites by TQ Properties AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See atttiched CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: D 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. FCity of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 1/26/2006 Re: Proposed Agenda Items for 1/31/06 City Council Meeting r .SAN 3 0 2006 City Of Meridiai. City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 1/31/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Agreement (Water/Sewer Assessment) for Candlewood Suites by TQ Properties. TQ Properties would like to enter into this agreement in order to have their usage re- evaluated at the end of the 12 month period of operation. Recommended Council Action: Approve the Agreement (Water/Sewer Assessment) for Candlewood Suites by TQ Properties and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 AGREEMENT For Sewer/Water Assessment CANDLEWOOD SUITES 1855 S Silverstone Way This Agreement made and entered into this g3` ` of .1 %u. %�. 2006, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter referred to as CITY, and TQ PROPERTIES LLC, hereafter referred to as APPLICANT, their heirs, successors, assigns and personal representative. WITNESSETH: WHEREAS, The following assessments are calculated by the City based upon information supplied to the City by the Applicant and/or historical information on record for a similar facility and/or those established in the City's Ordinances for the proposed type of facility. Sewer (ERU) 3 5 ERU's Sewer Assessment per (ERU) $2,226 Sewer Assessment Total $77,910 Sewer Latecomers Fee per (ERU) 0 Latecomers Fee Total 0 Water (ERU) Domestic 35 ERU's Water Assessment per (ERU) $1,463 Water Assessment Total $51,205 Water Latecomers Fee per (ERU) 0 _ Water Latecomers Fee Total 0 * (ERU) Equivalent Residential Units NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: That both parties of this agreement acknowledge that these assessments were determined from the above information, and not actual metered flows, and that the assessments for the proposed facility will be re-evaluated after a period of twelve (12) months of actual service / legal occupancy to determine if adjustments are warranted. The City shall refund any overpayment of assessments resulting from the re-evaluation, or the Applicant shall be responsible for payment of any shortage resulting from the re-evaluation. **Please return this agreement with original signatures, photocopies are not acceptable** 1855SILVERSTONE TQ PROPERTIES LLC ASSESSMENT AGREEMENT Page 2 TQ PROPERTIES LLC STATE OF IDAHO, ) ss. County of Ada, ) On this �gbday of CRS for the State of Idaho, personally before me, the undersigned, a Notary Public in and y3G�2 , M, (",\ V l&)Jj , who, being by me first duly sworn, declared that (s)he is the MMQJ�UA)6' 01FAACr-<- o TQ PROPERTIES LLC, 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. SEAL Notary Public for Idaho U Residing at Mi 4a k; -A ' My Commission Expires X I -()V 1855SILVERSTONE • TQ PROPERTIES LLC ASSESSMENT AGREEMENT Page 3 CITY OF MERIDIAN Tammy de Weerd, Mayor William G. Berg, Jr., City Clerk STATE OF IDAHO, ) ss. County of Ada, ) On this day of ,2006, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL at Notary Public for Idaho Residing My Commission Expires 1855SILVERSTONE 0 0 February 3, 2006 MERIDIAN CITY COUNCIL MEETING February 7, 2006 APPLICANT ITEM NO. 5-I REQUEST Contract with Irminger Construction for construction of the Waltman Lane Sewer Extension Project 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: Me_",Al 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. Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer K2 CC: File Date: January 26, 2006 .SAN 3 0 1006 City ®fIi�lerich City Clerk Of Re: Proposed Agenda Item for February 7, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the February 7 City Council agenda, under Consent Agenda, for Council's consideration: Contract with Irminger Construction for construction of the Waltman Lane Sewer Extension Project Three contractors evaluated construction plans for this project. Two bids were received as summarized below and attached to this memo. • Irminger Construction $32,937.04 • Bodiford Construction $66,969.40 This project consists of constructing approximately 96 feet of 8 inch sewer including a 66 foot steel casing, installing a manhole, and constructing a temporary cofferdam to bypass Tenmile Creek. This request does not conform to our current purchasing policy, but it does conform to current state law. This project was bid informally on the belief that bids would be under $25,000. The small size of this project, depth of sewer, and need to have the construction competed by early March, prevented some contractors from bidding on this project and produced higher than expected bids. Recommended Council Action: The Public Works Department recommends that City Council approve a contract with Irminger Construction to construct the Waltman Lane Sewer Extension Project for a cost of $32,937.04 and authorize the Mayor to sign it Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 1 01/28/2006 06:07 5620995 !da,it• i1�06 44PM • f Wa>is> m Lane - Soo~ Exhm m IRMINGER CONSTO-Fttftt • PAGE 01 7;�O-,Ci?r S—euc'^j 9 Ctty or Meridian Pudic Works Jamiary 2000 T Manholes 1 EA m eQ 723 a" Di$ Sewer 86.52 LF 18" Dia Steal C9031 00 LF .5-1419 4 r SOW Service 30 LF 5 T Surb M Restoration 20 LF 6 T Surface Rn bMftP. 86 LF _ 7 SeCtlon 404 POrmit - RME! PWnPiftg 1 LS �• .• e►o ® 1 Removes S PAmW Fence 55 LF °8220ew •o 9 Core Nmrs Mafft* EA 10 Traffic Control ^^ 1 LS 14 Sediment & Smaian Conw Pian 1 LS tl* 12 1ACHD -RIOM Permft - 9 LS mmmo m 13 Testi & C -w 1 <-e5!5' 50D Ob 14 Conafttloll MMI 1 LS ` 15 Mobilbsllort 1 LS o G c 7;�O-,Ci?r S—euc'^j 9 Ctty or Meridian Pudic Works Jamiary 2000 • BODIFORD CONSTRUCTION, INC 8975 W. STATE ST. #4, BOisE, IDAHO 83714 PROPOSAL To: Kyle Radek City of Meridian 660 E. Watertower Ln. Ste 200 Meridian, Idaho 83642 From: Jerald O: Taylor Project: Waltman Ln Sewer Extension Subject Date: 12/25/06 0 PH. (208) 853-5378 FAX (208) 853-5381 As requested we are providing pricing for this project I am assuming that Type G mr€ace restoration is gravel repair. Description Quantity UOM Unit Price Extension Type A Manhole 1.00 EA 3,200.00 3,200.00 8" Dia Sewer 96.52 LF 95.00 9,169.40 16" Dia Steel Casing 66.00 LF 450.00 29,700.00 4" SSewer Service 30.00 LF 55.00 1,650.00 Type P Asphalt Surface Restoration 20.00 LF 100.00 2,000.00 Type G Surface Restoration 85.00 LF 25.00 2,125.00 Section 404 Permit - Bypass Ten Mile Ck 1.00 LS 1,000.00 1,000.00 Remove & Reset Fence 55.00 LF 35.00 1,925.00 Core Exist Manhole 1.00 EA 2,500.00 2,500.00 Traffic Control 1.00 LS 2,200.00 2,200.00 Sediment & Eros plan 1.00 LS 1,500.00 1,500.00 ACHD Permit 1.00 LS 500.00 500.00 Testing & Inspection 1.00 LS 1,500.00 1,500.00 Const Staking 1.00 LS 1,000.00 1,000.00 Mobilization 1.00 LS 7,000.00 7,000.00 66,969.40 Bo Proud Partners with OSF U c -s 0 s February 3, 2006 MERIDIAN CITY COUNCIL MEETING February 7, 2006 APPLICANT ITEM NO. 5-1 REQUEST Change Order No. 1 for the Wastewater Treatment Plant Expansion Project with JC Constructors, Inc. 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: CIN PARKS DEPT: gf' MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST. INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Page 1 of 1 0 Tara Green From: Clint Dolsby Sent: Thursday, February 02, 2006 7:54 AM To: Tara Green (greent@meridiancity.org) Subject: Agenda Item Attachments: counci1020106.doc Could you put this on for Tuesday? I'm sending the backup over today. Thanks! 2/3/2006 • i Memo To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Brad Watson, P.E., Public Works Director FEB 0 2 2006 City Of Meridian City Clerk Office Date: 02/02/2006 Re: Proposed Agenda Items for February 7, 2006 City Council Meeting The Public Works Department respectfully requests the following item be placed on the February 7 City Council agenda, under consent agenda, for Council's consideration: Change Order No. 1 for the Wastewater Treatment Plant Expansion Project. Additional work is required for the wastewater treatment plant expansion project. This change order consists of the following work, which is 1.12% of the original contract amount forthe prgec t • Relocate non -potable water (NPW) underground piping out of excavation for Aeration Basins. • Construct new biosolids storage pad to make room for construction of Secondary Clarifier 5. • Provide temporary drains for DAFT 1 and 2 during construction of the aeration basins. • Relocate Mable water (PW) supply to the Mechanical Building. • Supply standby VFD for existing ABI pumps. • Relocate fencing from northwest area of plant site. JC Constructors, Inc. submitted a cost for this change order as summarized below: JC Constructors, Inc. $93,971.56 Recommended Council Action: The Public Works Department n commends that City Council approves Change Order No. 1 for the Wastewater Treatment Plant Expansion with JC Constructors, Inc. for $93,971.56 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 1 RECEIVED FEB e 3 2606 tCity Of Meridian City Clerk Office Memo To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Brad Watson, P.E., Public Works Director Date: 02/02/2006 Re: Proposed Agenda Items for February 7, 2006 City Council Meeting The Public Works Department respectfully requests the following item be placed on the February 7 City Council agenda, under consent agenda, for Council's consideration: Change Order No 1 for the Wastewater Treatment Plant Expansion Project. Additional work is required for the wastewater treatment plant expansion project. This change order consists of the following work, which is 1.12% of the original contract amount for the project: • Relocate non -potable water (NPW) underground piping out of excavation for Aeration Basins. • Construct new biosolids storage pad to make room for construction of Secondary Clarifier 5. • Provide temporary drains for DAFT 1 and 2 during construction of the aeration basins. • Relocate potable water (PW) supply to the Mechanical Building. • Supply standby VFD for existing ABI pumps. • Relocate fencing from northwest area of plant site. JC Constructors, Inc. submitted a cost for this change order as summarized below: JC Constructors, Inc. $93,971.56 Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 1 for the Wastewater Treatment Plant Expansion with JC Constructors, Inc. for $93,971.56 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 1 C� CHANGE ORDER 1 PROJECT: City of Meridian Wastewater Treatment Plant Expansion Project DATE OF ISSUANCE: January 25, 2006 EFFECTIVE DATE:: January 25, 2006 OWNER: City of Meridian CONTRACTOR: JC Constructors, Inc., ENGINEER: CaroIlo Engineers You are directed to make the following changes in the Contract Documents. 1. Relocate non -potable water (NPW) underground piping out of excavation for Aeration Basins (WCD 00 1) 2. Construct new biosolids storage pad to make room for construction of Secondary Clarifier 5. (WCD 002) 3. Provide temporary drains for DAFT 1 and 2 during construction of the Aeration Basins. (WCD 003) 4. Relocate potable water (PW) supply to the Mechanical Building (WCD 004) 5. Supply standby VFD for existing ABI pumps (WCD 005) 6. Relocate fencing from northwest area of plant site. (WCD 007) Reason for Change Order: Resolve conflicts with underground utilities different than the locations on the Drawings.(WCD 001,003 & 004) Coordinate biosolids handling requirements not included in the Contract (WCD 002). Attachments: JC Constructors Change Proposal 1, Nov. 21, 2005, $7,909.80 (WCD 00 1) JC Constructors Change Proposal 2, Nov. 16, 2005, $53,935.83 (WCD 002) JC Constructors Change Proposal 4, Dec. 7, 2005, $7,361.34 (WCD 003) JC Constructors Change Proposal 3, Dec. 1, 2005, $4,832.49 (WCD 004) JC Constructors Change Proposal �, Dec. 21, 2005, $5,893.60 (WCD 005) Meridian Fence Quotation dated Sept 22, 2005, $14,038.50 (WCD 007) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIlVIES: Original Contract Price Original Contract Times Substantial Completion: 670 Days — September 1. 2007 $8,367,500.00 Ready for Final Payment: 730 Days — November 1, 2007 days or dates Net Changes from previous Change Orders No. 0 to No. 0 Net Changes from previous Change Orders No. 0 to No. 0 $ 0.00 Days Contract Price prior to this Change Order Contract Times prior to this Change order Substantial Completion: 670 Days — September 1, 2007 $8,367,500.00 Ready for Final Payment: _ 730 Days — November 1. 2007 days or dates Net Increase (decrease of this Change Order) Net Increase (decrease of this Change Order) $ 93,971.56 0 days Contract Price with all approved Change Orders Contract Times with all approved Change Orders Substantial Completion: 670 Days — September 1, 2007 $8,461,471.56 Ready for final payment: 730 Days — November 1, 2007 days or dates RECOMMENDED BY ENGINEER: By. B . 'exj�� - Willis Be o, P.E. Date: ��rs� 4 APPROVED BY OWNER: ACCEPTED BY CONTRAC OR: Co or A orized a e Brad Watson, P.E., Public Works Tammy de Weerd, Mayor Date: — 7 ®[ n Date: Attest: William G. Berg, Jr:, City Clerk Date: CHANGE PROPOSAL REQUEST ?OJECT MERIDIAN WWTF IMPROVEMENTS 2.CONTRACTOR JC CONSTRUCTORS 3.PROJECT NO. 148 Change Proposal # &CONTRACT NO: &PROPOSAL DATE 21 -Nov -05 DESCRIPTION OF CHANGE Change due to Work Change Directive #1 on 4" NPW System extension to centrifuge COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct labor w/ labor fringes ( Attach supporting detail estimates with man -ham and rates) 2. Insurance and Labor Taxes 3. Materials and Equipment. Detailed quantifies attached. 4. Overhead & Fee @ 15% Time Extention Requested 2 working day JC Constructors' Cost $ $ $ $ $ 2,362.21 523.53 3,627.75 977.02 7,490.51 work to be performed by subcontractors, per proposals and detailed breakdowns SUBCONTRACTOR NAME CATEGORY OF WORK AMOUNT C & A Paving As haft Patch V x 24; 96 SF @ $3/SF $ 288.00 TOTAL SUBCONTRACTOR AMOUNT ONCLUDING SUE. OHBP): $ 288.00 r :ONTRACTORS COMMISSION ON TOTAL. SUBCONTRACTOR AMOUNT @ s PERCENT. $ 14.40 MNTRACTORS BOND COST @ s.01811000 $ 116.89 C. TOTAL INCREASE OR DECREASE OF CONTRACT PNCE - (A8+85) $ 7,909.80 JC CONSTRUCTORS, INC. CONTRACTOR NAME Jim Coir PRINTED NAME ON PROPOSAL Page 1, JCC L] JC CONSTRUCTORS, INC. Change Proposal Request # 1 Date: 21 -Nov -05 Scope of change: 0 Change due to Work Change Directive #1 on 4" NPW System extension to centrifuge 0 0 0 LABOR Foreman Hours 4.00 Labor Rate w/Fringe $ 41.13 164.52 Carpenter/Operator Hours 30.00 Labor Rate w/Fringe $ 35.46 1063.90 Ironworker/Pipe Fitter Hours 0.00 Labor Rate w/Fringe $ 35.46 0.00 Laborer/Carp Apprentice Hours 24.00 Labor Rate w/Fringe $ 30.57 733.79 Project Management Hours 8.00 Labor Rate w/Fringe $ 50.00 400.00 TOTAL LABOR COSTS INCLUDING LABOR FRINGES 2362.21 MATERIAL Material listed below -or from attached detailed material sheets - 2455.00 Sales Tax on MaYI 122.75 Other direct material not specifically included in detailed take -off - Consumables, etc. 0.00 Freight from vendor to job site if not already included in above material costs. TOTAL MATERIAL COSTS FOR CHANGE ORDER 2577.75 EQUIPMENT Equipment Description Backhoe Est Usage 20 Rate 35 700.00 Equipment Description Hoe Pac Est Usage 10 Rate 35 350.00 Equipment Description Est Usage Rate 0.00 Equipment Description Est Usage Rate 0.00 Equipment Description Est Usage Rate 0.00 Descri tion Est Usa a Rate- 0.00 [Equipment TAL EQUIPMENT COSTS FOR CHANGE ORDER 1,050.00 Page 2 0 0 C CONSTRUCTORS, INC. :hange Proposal Request # 21 -Nov -05 cope of change: 0 Change due to Work Change Directive #1 on 4" NPW System extension to centrifuge 0 0 0 Description Quantity Unit Labor Material Hrs/Unit Hours $/Unit Cost BUY/INSTALL 4" C-900 PIPE 240.00 LF 0.05 12.00 3.50 840.00 B&I 4" MJ 45 BEND W/ MEGALUG 2.00 EA 0.50 1.00 150.00 300.00 B&I 4" MJ TEE W1 MEGALUG 2.00 EA 1.00 2.00 210.00 420.00 B&I 4" MJ 90 DEG BEND 2.00 EA 0.50 1.00 150.00 300.00 B&I 4" DRESSER COUPL 2.00 EA 0.50 1.00 80.00 160.00 B&I 4" C-900 BELL RESTR 6.00 EA 0.50 3.00 40.00 240.00 B&14" MJ CAP W/ MEGALUG X 2" NPT 1.00 EA 0.50 0.50 60.00 60.00 - B&! 2" SCH 80 PIPE 100.00 LF 0.03 3.00 1.00 100.00 J 2" SCH 80 MALE ADAPTER 1.00 EA 0.00 5.00 5.00 B&I 2" SCH 80 45 DEG BEND 2.00 EA 0.00 5.00 10.00 B&I 2" SCH 80 COUPL 4.00 EA 0.00 5.00 20.00 EXC 340' WATERLINE - 4' BURY 340.00 LF 0.06 20.40 0.00 BACKFILL WATERLINE - 340' 340.00 LF 0.03 10.20 0.00 0.00 0.00 0.00 0.00 0.00 Hours 54.10 Mat'l 2455.00 Page 3 CHANGE PROPOSAL REQUEST 1 -PROJECT MERIDIAN WWTP EXPANSION PROJECT 2.CONTRACTOR JC CONSTRUCTORS &PROJECT NO. 148 Change Proposal Request No. 2 &CONTRACT NO: 6.PROPOSAL DATE 16 -Nov -06 DESCRIPTION OF CHANGE Additional cost to supply a 200' x 140' asphalt sludge drying bed in the Northwestern area of the plant Scope includes; necessary piping systems for drainage, required dirtwork and sloped asphalt with substrate. COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct labor w/ labor fringes ( Attach supporting detail estimates with man-hours and rates) $ 1,713.50 2. Insurance and Labor Taxes $ 423.59 3. Materials w/ frgt and SST. Detailed quantifies attached. $ 1,030.00 4. Equipment Expense 5. Overhead 8 Fee @ 15% $ 2,300.00 $ 475.06 Time Extention Requested 3 working days JC Constructors Proposal Cost $ 5,942.15 �. For work to be performed by subcontractors, per proposals and detailed breakdowns 1. SUBCONTRACTOR NAME CATEGORYOF WORK AMOUNT C& A Paving Paving Subcontractors 28,000 Sf $ 44,800.00 TOTAL SUBCONTRACTOR AMOUNT ONCLUDUIG SUB. OHBP): $ 44, 800.00 3 CONTRACTORS COMMMCN ON TOTAL SUBCONTRACTOR AMOUNT @ 5 PERCENT: $ 2,240.00 CONTRAcroRS BOND COST @ ame+lo O $ 953.68 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+B6) $ 53,935.83 JC CONSTRUCTORS, INC. CONTRACTORWAME Tim Foley ==tarn emup nu ppmo-w SIG ATURE/DATE Page 1, JCC JC CONSTRUCTORS; INC. Change Proposal Request # 2 Date: 16-Nov-05 Scope of change: Additional cost to supply a 200' x 140' asphalt sludge drying bed in the Northwestern area of the plant. Scope includes; necessary piping systems for drainage, required dirtwork and sloped asphalt with substrate. 0 0 LABOR Foreman Hours 15.00 Labor Rate w/Fringe $ 41.68 625.20 Carpenter/Operator Hours 20.00 Labor Rate w/Fringe $ 33.96 679.20 Ironworker/Pipe Fitter Hours 10.00 Labor Rate w/Fringe $ 31.91 319.10 Laborer/Carp Apprentice Hours 0.00 Labor Rate w/Fringe $ 29.07 0.00 Project Management Hours 2.00 Labor Rate w/Fringe $ 45.00 90.00 TOTAL LABOR COSTS INCLUDING LABOR FRINGES 1713.50 MATERIAL Material listed below or from attached detailed material sheets - 1030.00 Other direct material not specifically included in detailed take-off - Consumables, etc. 0.00 Freight from vendor to job site if not already included in above material costs. 0.00 TOTAL MATERIAL COSTS FOR CHANGE ORDER 1030.00 EQUIPMENT Equipment Description D-5 Dozer Est Usage 25 Rate 75 1875.00 Equipment Description Front End Loader Est Usage 5 Rate 85 425.00 Equipment Description Est Usage Rate 0.00 Equipment Description Est Usage Rate 0.00 Equipment Description Est Usage Rate 0.00 ui ment Descri tion EstUsa a Rate 0.00 rOTAL EQUIPMENT COSTS FOR CHANGE ORDER 2,300.00 Page 2 0 0 IC CONSTRUCTORS, INC. :_hangs Proposal Request # 2 r: 16 -Nov -05 ,%;ope of change: Additional cost to supply a 200' x 140' asphalt sludge drying bed in the Northwestern area of the plant. Scope includes; necessary piping systems for drainage, required dirtwork and sloped asphalt with substrate. 0 0 Description Quantity unit Labor Material HrsJUnit Hours $/Unit Cost LABOR JC Pre are Sub rade for ABC 28000.00 sf 0.15 4200.00 0.00 Excavate, Install and Backfill 8" Drain Line 160.00 If 10.00 1600.00 4.25 680.00 Ramp Preparation 500.00 sf 0.50 250.00 0.00 Buy and Install Catch Basin 1.00 Is 200.00 200.00 350.00 350.00 0.00 0.00 0.00 0.00 0.00 0.00 MATERIAL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Hours 6250.00 Mat'I 1030.00 Page 3 LABOR RATES Foreman Carpenter Operator Iron Worker & Pipe Fitter Laborer & Carp Appren Current Wage Rate Retirement, Sick, Vacation Fringe Total Base + Fringe $30.00 $ 3.75 $33.75 $21.00 $ 3.75 $23.00 $ 3.75 $ 20.00 $ 3.75 $17.00 $ 3.75 $24.75 $26.75 $ 23.75 $20.75 FICA/Medicare Worker's Compensation Insurance UUFUI Liability Insurance Total Insurance Burden $ 2.70 $ 4.22 $ 2.09 $ 1.69 $10.70 $ 1.98 $ 2.14 $ 1.90 $ 1.66 $ 3.09 $ 3.34 $ 2.97 $ 2.59 $ 1.53 $ 1.66 $ 1.47 $ 1.29 $ 1.24 $ 1.34 $ 8.48 $ 1.19 $ 1.04 $ 7.85 $ 7.53 $ 6.58 Holiday Medical Insurance $ 0.93 $ 3.50 $ 0.69 $ 0.74 -T3 $ 0.66 $ 0.57 T 3.50 $ 3.50 $ 3.50 Indirect Labor Costs Safety Small Tools Training $ 1.00 $ 1.50 $ 1.00 $ 1.25 $ 1.25 $ 1.50 $ 1.25 $ 1.25 $ 1.50 $ 1.25 $ 1.50 -T 1.50 $ 1.50 $ 1.25 $ 1.25 Grand Total Wages & Labor Burden Overtime Rate $52.38 $40.78 $43.47 $60.21 $ 39.44 $35.65 $48.90 $73.22 $56.32 $ 54.37 STRAIGHT TIME The Deduction of Insurance Costs from the Total Gross Amount Gross $52.38 $40.78 $43.47 $ 39.44 $35.65 Insurance $10.70 $.7.85 $ 8.48 $ 7.53 $ 6.58 Total Direct Labor Cost $41.68 $32.94 $34.99 $ 31.91 $29.07 OVERTIME The Deduction of Insurance Costs from the Total OT Gross Amount Gross OT $73.22 $56.32 $60.21 $ 54.37 $48.90 Insurance $10.70 $ 7.85 $ 8.48 $ 7.53 $ 6.58 Total Direct Labor Cost $62.52 $48.47 $51.73 $ 46.84 $42.33 Page 4 CHANGE PROPOSAL REQUEST 1.PROJECT 2.CONTRACTOR 3.PROJECT NO. Change Proposal # MERIDIAN WWTF148 IMPROVEMENTS JC CONSTRUCTORS 4 5.CONTRACT NO: 6.PROPOSAL DATE 7 -Dec -06 DESCRIPTION OF CHANGE Additional cost to modify the 2 DAFT drain line systems in and around the excavations for aeration basins 3 14 and the new SPS. COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct labor wl labor fringes ( Attach supporting detail estimates with man-hours and rates) $ 1,431.68 2_ Insurance and Labor Taxes $ 326.19 3. Materials and Equipment Detailed quantities attached. $ 2,540.00 4. Overhead & Fee @ 15% $ 644.68 Time Extention Requested 3 working day JC Constructors' Cost $ 4,942.56 B. For work to be performed by subcontractors, per proposals and detailed breakdowns 1. AMOUNT SUBCONTRACTOR NAME CATEGORY OF WORK Custom Electric $ 2,200.00 2 IOTAL SUBCONTRACTOR AMOUNT (INCLUDING SUB. OH&P): $ 2'200'00 3 ANTRACTORS COMMISSION ON TOTAL SUBCONTRACTOR AMOUNT @ 5 PERCENT: $ 110.00 ANTRACTORS BOND COST @ S.018/1000 $ 108.79 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+136) $ 7,361.34 JC CONSTRUCTORS, INC. CONTRACTOR NAME ` Jim Cox PRINTED NAME ON PROPOSAL SAUTUREIDATE Page 1, JCC 0 0 JC CONSTRUCTORS, INC. Change Proposal Request # 4 Date: 7 -Dec -05 Scope of change: Additional cost to modify the 2 DAFT drain line systems in and around the excavations for aeration basins 3 / 4 and the new SPS. 0 0 0 LABOR Foreman Hours 5.00 Labor Rate w/Fringe $ 41.13 205.65 Carpenter/Operator Hours 6.00 Labor Rate w/Fringe $ 35.46 212.78 Ironworker/Pipe Fitter Hours 10.00 Labor Rate w/Fringe $ 35.46 354.63 Laborer/Carp Apprentice Hours 15.00 Labor Rate w/Fringe $ 30.57 458.62 Project Management Hours 4.00 Labor Rate w/Fringe $ 50.00 200.00 TOTAL LABOR COSTS INCLUDING LABOR FRINGES 1431.68 MATERIAL Material listed below or from attached detailed material sheets - 0.00 Buy Pump with Float System 1200.00 Buy PVC piping (<109) 250.00 Buy Drain line Manhole 950.00 Other direct material not specifically included in detailed take -off - Consumables, etc. 0.00 Freight from vendor to job site if not already included in above material costs. TOTAL MATERIAL COSTS FOR CHANGE ORDER 2400.00 EQUIPMENT Equipment Description Trackhoe Est Usage 1 Rate 95 95.00 Equipment Description Compactor Est Usage 1 Rate 45 45.00 Equipment Description Est Usage Rate 0.00 Equipment Description Est Usage Rate 0.00 Equipment Description Est Usage Rate 0.00 Equipment Description Est Usage Rate 0.00 TOTAL EQUIPMENT COSTS FOR CHANGE ORDER 140.00 Page 2 0 CHANGE PROPOSAL REQUEST "ROJECT MERIDIAN WWTF IMPROVEMENTS 2.CONTRACTOR JC CONSTRUCTORS 3.PROJECT NO. 148 Change Proposal # 3 5.CONTRACT NO: &PROPOSAL DATE 1 -Dec -05 SCRIPTION OF CHANGE iditional cost to install a heat traced, insulated and 1" galvanized line from the North Section of e facility to the existing mechanical building. ST SUMMARY :OR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR )fired labor w/ labor fringes ( Attach supporting detail estimates with man-hours and rates) isurance and Labor Taxes 4aterials and Equipment- Detailed quantities attached. hrerhead & Fee @ 15% Tiara Extention Requested 0 working day JC Constructors• Cost $ $ $ $ $ 435.08 95.42 140.00 100.57 771.07 'or work to be performed by subcontractors, per proposals and detailed breakdowns :;ONTRACTOR NAME CATEGORY OF WORK AMOUNT stom Electric $ 2,300.00 ital CLty Plumbing $ 1,500.00 4- SUBCONTRACTOR AMOUNT (INCLUDING SUB. ONBP): $ 3,800.00 TRACTORS COMMISSION ON TOTAL SUBCONTRACTOR AMOUNT @ 5 PERCENT: $ 190.00 TRACTORS BOND COST @ S.OWIOW $ 71.42 'OTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+65) $ 4,832.49 JC CONSTRUCTORS, INC_ CONTRACTOR NAME Jim Cox PRINTED NAME ON PROPOSAL IGNATURE/DATE Page 1, .TCC • JC CONSTRUCTORS, INC. Change Proposal Request # 3 Date: 143ec-H Scope of change: Additional cost to install a heat traced, insulated and 1" galvanized line from the North Section of the facility to the existing mechanical building. 0 0 0 LABOR Foreman Hours 0.00 Labor Rate w/Fringe $ 41.13 0.00 arpenter/Operator Hours 6.00 Labor Rate w/Fringe $ 35.46 21278 Ironworker/Pipe Fitter Hours 0.00 Labor Rate w/Fringe $ 35.46 0.00 Laborer/Carp Apprentice Hours 4.00 Labor Rate w/Fringe $ 30.57 122.30 Project Management Hours 200 Labor Rate w/Fringe $ 50.00 100.00 TOTAL LABOR COSTS INCLUDING LABOR FRINGES 435.08 MATERIAL Material listed below or from attached detailed material sheets - 0.00 Other direct material not specifically included in detailed take -off - Consumables, etc. 0.00 Freight from vendor to job site if not already included in above material costs. TOTAL MATERIAL COSTS FOR CHANGE ORDER 0100 EQUIPMENT Equipment Description Trackhoe Est Usage 1 Rate 95 95.00 Equipment Description Compactor Est Usage 1 Rate 45 45.00 Equipment Description Est Usage Rate 0.00 Equipment Description Est Usage Rate 0.00 Equipment Description Est Usage Rate 0.00 ent Descri tion Est Usa Rate 0.00 nTEQUIPMENT COSTS FOR CHANGE ORDER 140.00 Page 2 0 CHANGE PROPOSAL REQUEST ROJECT 2.CONTRACTOR 3.PROJECT NO. Change Proposal # MERIDIAN WWTF JC CONSTRUCTORS 148 5 IMPROVEMENTS 5.CONTRACT NO: &PROPOSAL DATE :SCRIPTION OF CHANGE 21 -Dec -M ditional cost to have Custom Electric supply a new 1 flex 700, 50 HP VFD as a spare on the pumps. )ST SUMMARY FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct labor w/ Libor fringes (Attach. supporting detail estimates with man-hours and Fates) $ _ 2. Insurance and Labor Taxes $ - 3. Materials and Equipment. Detailed quantities attached. $ - 4. Overhead & Fee @ 15% $ - Tim ExteFFtlon Requested3 working day JC Constructors, Cost $ _ 8.1" work to be perforawl by subcontractors, per proposals and detailed breakdowns 1. SUBCONTRACTOR NAME TEGORY OF WORK w...,. �.m lCtstom Electric SUBCONTRACTOR AMOUNT (INCwDMG SUB. 5 NTRACTORS BOND COST @ 5.01&MWO TOTAL INCREASE OR DECREASE OF CONTRACT PNCE - (Ati+BS} JC CONSTRUCTORS, INC. CONTRACTOR NAME Jim COX PRWTED NAME ON PROPOSAL Page 1, JCC 5 530.00 276.50 87.10 )� rrvvvvv,uvv MW West, Idaho Blvd Custom Electric-, Inc Emmett, Idaho 83617 Phone: 208-365-2700 I= 208-365-2768 I TIT114 BM a T a ;] To: J.C. Const From: Russell Steadman F= 853-5154 Date: December 20, 2005 Phone: 841"7293 Pages: 1 indudng this one Re: WCD 005 CC: Tim Foley ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Tim: Here is the price for the WCD 005. We vWl provide 1 Flex 700 50 H.P. VFD as a spare to the City of Meridian. It will cost $5530- If you have any questions give me a call. Thank you, Russell Steadman rayu i �an.to. Af nn 702 W. FrwMln Ind. MbAdinn, Id. 83642 Mane 308 $8-6131 • Fac (29* W4131 FAX TRANSM17 TAL —) C— ox�/,c 4-r & 5 ;z. 4f e February 3, 2006 MERIDIAN CITY COUNCIL MEETING February 7, 2006 APPLICANT ITEM NO. S -K REQUEST Eagle Road Water Main -184 to Franklin Project, Change order No. 1 and 2 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian 0 Memo To: Will Berg; Tara Green From: Max Jensen, Public Works Inspector CC: Brad Watson, Public Works Director E RECEIVEJ) FEB - 22006 GI7Y OF MERIDIAN CITY CLERK OFFIr,F Date: 02\0212006 Re: Proposed Agenda Item for February 07, 2006 City Council Meeting The Public Works Department respectfully requests the following item be placed on the February 07, 2006 City Council agenda, under Consent Agenda, for Council's consideration: Eagle Road Water Main —184 to Franklin project, change order no. 1 and no. 2. The Change orders are summarized below: Change order no. 1: Cut in a 10" Gate Valve on Magic View at existing 10" line to isolate south entrance work. Lowering water line at south entrance to accommodate clearance for ITD future storm drain line $10,057.00 Change order no. 2: Transport and install abandoned PRV vault from Franklin and Eagle Road to the Muscle Comer project near Victory and Kuna/Meridian Highway $13,672.79 Recommended Council Action: The Public Works Department recommends that City Council approves the change orders for the Eagle Road Water Main — 184 to Franklin project for $23,729.79 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. From the desk of... Max Jensen Public Works Inspector Meridian Public Works Department 660 E. Watertower Lane, Suite 200 Meridian, ID 83642 Office: (208) 898-5500 0 Page 1 Irminger Cocoon, Inc. 3473 N. Brookside Lane Boise, ID 83714 (208) 939-1031 FAX: (208) 938-4598 LMto - To: k� Fac Phone: C Re: n 0 urgent ocomments; . FEB - 2 2006 CITY OF MERIDIAN C' -IT Y ('LFRK OFFICF 0 From, CARL N V�J #Panes a--. ---------------- - c�-=��c.� Date: - cc: wmg Dover sFe; ❑ For Review C] please Comment ❑ Please Reply Please R..Y 1. r uo 5,5®O - Svt3 (Z)!5-1 n �O�G�7r�v � IRMINGER CONS I RUCTION, INC. From, CARL N V�J #Panes a--. ---------------- - c�-=��c.� Date: - cc: wmg Dover sFe; ❑ For Review C] please Comment ❑ Please Reply Please R..Y 1. r uo 5,5®O - Svt3 (Z)!5-1 n �O�G�7r�v 02/03/2006 21:47 562099 IRMINGER CON -------- PAGE 01 IRMINGER CONSTRUCTION INC. FAX COVES. SHEETUECEIVEf) 3173 arooWde lone FEB m 2 2006 99M, Idaho Ot14 939-103x, OITY OF MERIDIAN Fax 930489 or =41W (71-1-Y (, L F R K 51 to: IUeadellm Publlevim Rom DAN WLLLUS ATM Mein Feb 10� 2006 RE PRV VaWt had O Nlwldlarn GmM & Partial Pair APP for Foe road H2O WW. 300.00 FAX : 208.896.0651 7650.00 ❑ Urgent ❑ Reply ASAP 0 Please comment ❑ Please review ❑ For your Informaft Total prove, Inowdlow cover 5 Atb and is The partied pay app for the Eagle Road H2O hflprovanebrb project_ I included C.O.61 for yaw review. You can spread the S firm 0 the or%Md ft, , or handle as a sepwate dwWWR order. Also, below Is a coat breakdown for inrRolrig the PRV vault O Vktortt Qr_sens per yaw option 83. Pe colts and dsadarlo g are &wJuded from the pt s. MoblOcation 1300.00 Pke & Fftdna 242279 COMM rendri 300.00 Equip and Labor 7650.00 Dr4dn Rods, Redding Sand +425.00 Testlf0 44 D41rrledion 500.00 Aq*W* pdchh around vault 625.00 Concrete Coir 250.00 Thrust Blacks 200.00 TOTAL_ ,1,3872.79 Thanks,�, Dan IItMIN0E7t OONSTRticnON CO. INC. February 3, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Approve Bills February 7, 2006 ITEM NO. 5-L AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: y.J 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 meetbW shall become property of the City of Meridian. 0 �0 February 3, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING February 7, 2006 APPLICANT Planning Department ITEM NO. 6-A-1 REQUEST Set Dates for Public Hearinas on CPA 05-001 and CPA 05-002 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meddian. February 3, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING February 7, 2006 APPLICANT Planning Department ITEM NO. 6-A-2 REQUEST Budget Amendment Report AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: Off., 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: Emailed: Tarr InITIaWw Materials presented at public meetings shaft become property of the City of Meridian. Phone: • 0 Page 1 of 1 Sharon Smith From: Anna Canning Sent: Thursday, February 02, 2006 5:42 PM To: Will Berg; Tara Green; Sharon Smith RECEIVEJ)Cc: Jessica Johnson; Steve Siddoway Subject: Department Report FEB - 2 2006 Attachments: Budget Amendment Memo.doc; FY06AmendmentPZABC.xls CITY OF MERIDIAN Will, CITY CLERK OFFICF Please provide the attached memo and spreadsheet to Council for my Department Report regarding a budget amendment. Steve will forward one additional attachment tomorrow. Anna Anna Borchers Canning, AICP City of Meridian Planning Director 660 E. Watertower Lane, Suite 202 Meridian, ID 83642 (208) 884-5533 phone (208) 888-6854 facsimile canninga@meridiancity.org 2/3/2006 • Memo To: Mayor DeWeerd and City Council From: Anna Canning, AICP, Director CC: Stacy Kilchenmann, Finance Director Date: February 3, 2006 Re: Proposed FY06 Amendment Dear Mayor and Council 0 Meridian Planning Department _KECEDVET­�, FEB - 2 2000 CITY OF MERI®IAM I am requesting a budget amendment of $45,370 to hire an additional Associate City Planner to process development applications. Our department has been struggling to make do with limited staff since September. I have hired a replacement for Brad Hawkins -Clark, but the new -hire will not relieve the strain we have on resources to process applications. After looking at our database numbers for the 2005 calendar year, I am now convinced that I need another person. We cannot continue the same level of customer service and accuracy at this increasing pace for the remainder of the fiscal year. In my hopes to gain your support in this effort, I offer the following facts: Total number of Applications: We have had an increase of 41 % in the total number of applications that we processed in 2005 over those in 2004. Many of the applications that had huge gains will be staff level decisions (time extensions) or not necessary (variances) under the UDC. Even so, there were large gains in the number of annexation applications (91 %), preliminary plats (42%), and vacations (66%). These items still require hearings before Council. One of the most significant gains was in the number of certificate of zoning compliance applications; we have had an increase of 77% over 2004. If you look back to 2003, there has been a 123% increase in volume. It isn't that we are just getting more applications, but the projects are getting bigger. Since 2003, we have seen a 60% in the number of preliminary plat building lots that we process. In retrospect, 2004 seems like a "slow" year; 2005 was a 177% increase in number of building lots over 2004. In 2003, we had 4.5 planners processing applications. (Steve spent about half his time on MDC or comprehensive planning.) At that time, White Peterson prepared all the findings documents for this City. As you know, we have since taken over those responsibilities. I now have 5 planners processing applications. A 41 % increase in volume justifies at least one additional planner. I know that the City of Meridian is very proud of the fact that we are very efficient and frugal in our expenses. I appreciate that fact as well. That being said, however, I'd like to point out that other Ada County jurisdictions have much higher staffing levels in their departments. I have 5 staff members processing development applications. Yet we process 52% of the final plats and 58% of the final plat lots done in the County. (Last year we processed 45% of the plats and 60% of the lots.) Boise City has 16 application review staff plus 5 design review staff. Eagle has a staff of 3 that process applications and do design review. Ada County Development Services has 11 staff members that process applications. Two years ago, I asked for an additional assistant city planner so that we could take over doing the findings from White Peterson. What I said at budget your hearing then still holds true. I don't mind running lean and mean, but we are anorexic at this point. I suppose I could be criticized for hiring a new person to work in the comprehensive planning division instead of current planning. It was remarkable to see the effect of devoting Steve full-time to transportation issues. Everyone now takes note of the transportation needs and vision for the City of Meridian. It is time to extend that influence to other planning issues. (I have also attached a memo that details Steve's activities for the past year, and the results of those efforts.) It is time to plan and implement special districts within the City. It is also time to work on intergovernmental coordination with Ada County and Kuna. We have an opportunity to set the standards for Ada County regarding Area of City Impact Agreements that implement the policies of Blueprint for Good Growth. On the revenue side, we anticipated making $300,000 in revenue for FY06. As of the end of the First Quarter of FY06, we had taken in nearly half of our expected revenue ($143,822 or 48%). On my budget amendment request, the Finance Director also notes that during that First Quarter of FY06 our revenue is up to 50% of our expenses. Last year at this time, our revenue was only 38% of expenses. In discussing this issue with my Council liaison, Mr. Wardle suggested I some benchmarks for the Planning Department regarding our workloads. I would suggest that Council could consider all of the following: Final Plat Lots = 600 lots per current planning staff Preliminary Plat Lots = 450 lots per current planning staff Preliminary and Final Plat Lots = 1,050 per current planning staff Applications per Planner (including staff level) = 75 per current planning staff This would essentially set the benchmark at the staffing levels were experienced in FY04 (see below). Things were "lean and mean" enough to keep everyone busy and engaged in their work, yet not so busy that we were experiencing burnout. Year 2003 2004 2005 Current Planners 4.5 5.5 5.0 FP Lots/ Planner 811 605 827 PP Lots/ Planner 970 453 1387 FP&PP Lots/ Planner 1781 1058 2214 Apps/planner 88.9 75.1 116.8 I hope I have been able to adequately articulate my need for another planner. 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D H N C �cm cm2w_a210:9!9 Emcuoi N 8 m w= L cycmmQom.cm>�Dgs$E$m D — N c >$ Z,o L 3 c E- 3 off `o ayi oA ftp o cUmz9; w ;Cl) �Eie a8 H c E L aM cri y�O c O E ] > 3Q n..0w $n Eo yo L r c� c ai o HN.N Qc— Otc � � m mU MO _ca U fes/ c S W O = V) 46 o ` O O m E °c- m c a `O 0 O. N m C a U � m m Q ri m a ad ❑ W Q z w w m Q Z w g ❑ z w F- O Z20 �I w d' CD a. ZCL < z �L J Q CO U Z Zw QO Z LU it w0 2 a LL LU LL O� F - Oz F- '5 LU a ofw F=- Q W wW Lu C7 m Z^ J >- az 00 U2 ❑ Y wV zw c� !A 0 February 3, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING February 7, 2006 APPLICANT Planning Department ITEM NO. 6-A-3 REQUEST Discussion of EI Gato Right of Way Vacation AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT. CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT. ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. RECEIVED FEB ® 3 2006 City Of Meridian City Clerk Office Date: January 19, 2006 Steve Siddoway, Comprehensive Manager Doug Strong, Meridian Parks Director Re: El Gato Vacation of unopened rights-of-way, VAC -05-013 14'0 x c�w rr� 'I �1�♦ �ILy� 5Pd You asked me for a brief status report on the El Gato Vacation VAC -05-013 in relation to the ACHD request for comments due by January 21, 2006. Here is my best attempt at a brief update: Between April 21, 2005 and August 18, 2005 the applications for the Annexation, Preliminary Plat and Vacation were acted on by the City of Meridian Planning Commission. On September 6, 2006 the Meridian City Council approved the applicants request to vacate 20' of unopened right of way on the north side of the Purdam Drain. The following is analysis and site specific conditions of approval for the preliminary plat related to the vacation: Vacation (southern ROW): Theapplicant shall submit an a lication to the Ci of Meridian for vacation of the Right of Wav south of the project site MCC 12-10 and ACHD require all vacations to have a recommendation to the appropriate agency See Site Specific Condition #6 Preliminary Plat Site Specific Condition of Approval #6 - Prior to final plat approval by City Council, vacate the unopened right-of-way along the southern 20 feet of the property as per ACHD conditions of approval. The applicant shall submit an application to the Cites Meridian for vacation in compliance with MCC 12-10-1 of the southern portion to be included with pLoj2osed Lots 7 and 8 of Block 1 of the preliminary plat dated Jul22 2005. ACHD shall vacate the right-of-wa�prior to nal plat approval ACHD Condition # 7- Vacate the unopened right-of-way abutting the south property line, prior to final plat approval. The vacation should be completed by the applicant prior to final plat approval, and can take four to six months to process During the public hearing process the multi -use pathway location was not discussed as the Railroad corridor pathway was not applied for the Castlebrook Subdivision % mile east of the site. During the last months of 2005 Planning Staff was working closely with the Meridian Parks Director, Doug Strong to more clearly define the western location of the proposed multi -use pathway as shown on the Future Land Use Map with the Comprehensive Plan for the Bryce Canyon Subdivision. The Bryce Canyon Subdivision proposal, which has subsequently been withdrawn, included a multiuse pathway along the Purdam Drain or the Marvin Lateral. This location brought up the discussion of the best location for a pathway location and how the pathway would eventually cross the Union Pacific Rail Road. Parks and Planning staffs now feel the best location for the future multi -use pathway would be along the north side of the Purdam Drain from the Ten -Mile Interchange to the western boundary of the Area of City Impact. This location would provide for a future rail road crossing at the intersection of Black Cat Road and the UPRR. If the recommendation for vacation were being presented in January 2006 instead of August 2005, Planning and Parks staff would withdraw the recommendation to vacate the right of way as the north side of the Purdam Drain will be the preferred location for a future multi -use pathway. Attached is a pathways map which would be staffs preferred multi -use pathway location. ACHD has solicited further comment on the vacation where they wish to understand the future plans for this area, including bike/pedestrian pathways. Please direct me as to the appropriate response to the ACHD petition dated January 10, 2006. Thank you, Joe Guenther Associate City Planner • 0 February 3, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING February 7, 2006 APPLICANT Police Department - Lt. Bob Stowe ITEM NO. 6-B-1 REQUEST Discussion of Pawnbroker Ordinance AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See aftached Ordinance CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: 1/ 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. 0 CITY OF MERIDIAN ORDINANCE NO. 0 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE AMENDING TITLE 3, CHAPTER 5, OF THE MERIDIAN CITY CODE REGARDING: DEFINITIONS OF PAWNSHOP AND RELATED TERMS, PAWNSHOP LICENSING REGULATIONS, INSPECTION OF PAWNSHOP PREMISES, PAWNSHOP EMPLOYEE QUALIFICATIONS, PROHIBITED TRANSACTIONS, PROPERTY RETENTION AND RESTRICTION ON SUBSEQUENT SALES, RECORDS, STOLEN PROPERTY, PROHIBITED ACTS BY PAWNBROKERS, PROHIBITED ACTS BY PAWNSHOP PATRONS, EXEMPT TRANSACTIONS, PROVIDING FOR A PENALTY FOR VIOLATIONS, AND PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pawnshops are often the unwitting recipients of stolen personal property, which results in loss of revenue to pawnshops, furtherance of criminal activity, and complication of the investigation of personal property theft and return of stolen property to its rightful owner; WHEREAS, the Meridian Police Department desires to work with pawnshop owners to create a database of property received by pawnshops and thereby enhance the ability of both the Police Department and pawnshop owners to identify stolen property; WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to regulate pawnshops within the City of Meridian; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 3, Chapter 5, of the Meridian City Code is amended to read as follows: PAWNBROKER ORDINANCE AMENDMENT - Page 1 of 14 PAWNBROKER ORDINANCE AMENDMENT - Page 2 of 14 Y.Pun N. Y. P-91mlin OWN PAWNBROKER ORDINANCE AMENDMENT - Page 3 of 14 • 0 _ • . . .. _ 17mmer-F. — MR PAWNBROKER ORDINANCE AMENDMENT - Page 4 of 14 PAWNBROKER ORDINANCE AMENDMENT - Page 5 of 14 Mom- - - - - Y. Y_ Min AK PAWNBROKER ORDINANCE AMENDMENT - Page 5 of 14 • 0 PAWNBROKER ORDINANCE AMENDMENT - Page 6 of 14 PaTitude widiia the five (5) j PF-060ding the date of the fijjffg-&fthe 5 5 of this Chapt G. Goods Wfidef GefAfaet- 14 shaU be uMawfuj fOf- MY PeFsOff tO Pledge or- sell any goods 3 5 16a P N 1 T' W 7 uPell eefp�'efieff dweef, Seek o 1 4 1 of -4U. Codefef:eael_ 1 g 3-5-1: DEFINITIONS: The terms as used in this Chanter shall have the following meanings A. AUTO TITLE LOAN: Loan of money secured by a certificate of title and/or keys to a motor vehicle wherein borrower retains possession of the vehicle itself B. CHATTEL MORTGAGE: A transfer of a legal right in -personal -property as security for payment of money, C. CITY: The City of MeridianIdaho D. DEPOSIT: A delivery of goods or property to be held in trust as security for payment of money. Also includes the term bailment E. MINOR: A person under the age of eighteen (18) F. MONEY: Includes United States currency, money orders certified checks traveler's checks, and any other circulating medium of exchange G. PAWNBROKER: A Person who conducts a regulated transaction as that term is defined in this Chapter. A -person licensed to conduct such business in the City of Meridian. It shall be -prima facie evidence of a pawnbroker business for any person or Place of business to advertise for any regulated transaction as defined in this Chapter, regardless of Mi other name term or hrase by which the business can be described. The doing of anv single act which is a regulated transaction as defined in this Chapter shall constitute a pawnbroker business within the meaning of this Chapter. H. PAWNSHOP: The location at which a re fated transaction occurs. The location licensed as the business location for a pawnbroker in the City of Meridian I. PAYDAY LOAN: Loan of money in which borrower writes apost-dated check which lender deposits cashes or negotiates on a future a eed upon date J. PERSON: Includes any natural person individual firm partnershipyjoint venture association, corporation trust or any other gromp acting as a unit K. PERSONAL PROPERTY: All proyerty subject to ownership except real estate L. PLEDGE: A -promise to deliver goods or property as security for payment of money. M. REGULATED TRANSACTION: A business dealing conducted by a Pawnbroker or designee that is regulated by this Chapter. The following transactions constitute the business of a Pawnbroker, and any and all such transactions re uire a valid Meridian City license: PAWNBROKER ORDINANCE AMENDMENT - Page 7 of 14 0 0 I. Loaning or advancing money to an person on the deposit of personal pro eg�of any kind as security for such loan or advancement when the personal property may be repurchased by the party upon paving a sum of money 2. Loaning or advancing money upon a chattel mortgage on personal property, where the said property is taken into the possession of the lender as security for the advancement or loan upon an asst ent or pledge of future earnings. 3. Purchasing previously owned or used personal property on the condition that it may be repurchased by the seller within a fixed period of time for a fixed sum of money. FoLpMoses of this Cha terpurchasing shall also include trade. 3-5-2: LICENSING REGULATIONS: A. All persons engaged in the business of a pawnbroker shall maintain a valid Meridian _City pawnbroker license B. Pawnbroker licensing qualifications• 1. Theapplicant and the person who will be principally in charge of the business must be eighteen 18 ears of age or older. 2. The applicant must not have hada previous business license of anv type denied revoked or sus ended b II, the Ci1 or an V other state or local a gency within the five (5) years prior to the application date 3. The applicant must not have been convicted of a felony or theft related offense within the five 5 ears 12nor to thea lication date. 4. The proposed premises for the pawnshop must comply with all applicable laws, including zoning and other regulations of the City of Meridian and all City and state fire regulations C. Pawnbroker license application procedure 1. An application to conduct pawnbroker business shall be made to the Ci Ct�erk in the form and manner as prescribed by that office 2. An licant who did not have 3revious Meridian (],Ilivl, jawnbroker license within the year immediately preceding the current application shall be required to Submit his or her fin erpnnts obtained through an approved agency with the completed application. 3. U on recei t of an a lication for E11113awnbroker license the 0i1i:y Clerk shall cause an invest193,ation to be made by the Meridian Police Department to determine whether the applicant meets the qualifications enumerated in this Chapter. 4. Provided that the applicant and the premises are in compliance with all other applicable laws the City Clerk shalltender the p Of. awnbroker license upon receipt 1. the applicant's fingerarints and 2. the Meridian Police D artment's certification of thea licant'sualification for a pawnbroker license and 3. the applicant's payment of the annual non-refundable licensing fee in an amount estab1 shed b the Meridian Ci Council and listed on the most current Cit( Clerk License Fee Schedule D. The pawnbroker's license shall expire at the end of one year from the date of its issuance. unless sooner revoked suspended or relinquished PAWNBROKER ORDINANCE AMENDMENT - Page 8 of 14 E. Licenses shall not be transferable either as to person or place. F. The successful applicant for a pawnbroker's license shall be considered a pawnbroker for purposes of the requirements of this Chapter. G. A violation of the provisions of this Cha ter ma result in suspension revocation, or denial of a pawnbroker license H. It shall be the duty of every person to whom a pawnbroker license is issued to prominently display such license in a conspicuous manner at all times on the premises to which the license relates 3-5-3: INSPECTION OF PREMISES: Upon request of the Chief of Police or designee the pawnbroker or anyone acting on behalf of the Dawnbroker shall iDermit the ins 3ection of the licensed pawnshoRSLemises and all property kept or stored therein Any such inspection shall occur during the pawnshop's regular and usual business hours 3-5-4: PAWNSHOP EMPLOYEES: A. No pawnbroker shallemploy a minor to conduct regulated transactions as defined by flus Chapter. B. No pawnbroker shall employ a person to conduct regulated transactions who has had a previous business license of any type denied revoked or suspended by the City or another state or local a enc within the five 5 ears rior to Mployment. C. No pawnbroker shall employ a person who has been convicted of a feloLiy or theft related offense within the five (5) years prior to employment D. The holder of any pawnbroker's license shall be responsible for the compliance with all the provisions of this Chapter by the agents and employees of the pawnbroker. Any violations by such persons may result in the revocation or denial of the pawnbroker's license 3-5-5: PROPERTY RETENTION/RESTRICTION ON SUBSE EENT SALES: Property received by the pawnshop ough a regulated transaction must be retained by the pawnbroker free of an subs2guent sales agreement. for thirty 30 da s except purchase transactions in which property must be retained for twenty (20) days 3-5-6• RECORDS: A. Every transaction shall be memorialized in writing and signed by the person with whom the transaction is made. All arties to the transaction are entitled to receive a copy of this written record The written record of ever ,e! xulated transaction shall include the following information: 1. Nameaddress telephone number and store number of the pawnshop in which the transaction took place,• 2. the name of the employee conducting the transaction* 3. Nature and date of the transaction and an identification number for the transaction: 4. Complete description of the propertypurchased pledged traded or co-signed including, as applicable: brand name make model serial number and owner applied number or other identifying marks Jewelry shall be described with the PAWNBROKER ORDINANCE AMENDMENT - Page 9 of 14 type, weight color, number and description of stones style size or length any engraving and whether it is considered a man's woman's or child's iece CDs DVDs videos to es records etcshall be described with an owner identification marks and the cat e o of movie or music to which it belongs, The title and artist should also be documented if racticable. Vehicles shall be described with the VINmake model and color. Firearms shall be described with the make brand model number, serial number, caliber %a barrel len h finish; 5. Full name complete current residential address current hone number date of birth, race, sex height, weight hair and eve color of the person or persons with whom the transaction is made; 6. Type, including state or governmental agency of issue and identifying number of the personal photo identification used by the person with whom the transaction is made. 7. A di 'talized photo or thumbprint of the person with whom the transaction is made, 8. The term of the loan or Lep urchase eriod and the date on which the loan is due and payable or the repurchase option expires B. Production of Records: U on re uest of the iiefo"Policeordosignee, the pawnbroker or anyone acting on behalf of the pawnbroker shall produce any records reged to be kept pursuant to this Chapter and shall permit the Chief of Police or designee to examine them. Any such inspection shall occur during the pawnshop's regular and usual business hours C. Retention of Records: 1. It shall be the duty of every pawnbroker to maintain in his lace of business a permanent record of the complete description of all re lated transactions and of all parties ent 29 into re lated transactions. This record shall include all voided and deleted transactions. 2. All records described in this Cha ter shall be electronicall stored in addition to paper records 3. All records described in this Cha ter shall be retained by the pawnbroker at the licensed pawnshop for a minimum of one (1) ear except that records pertaining to firearms transactions shall be kept for a Im n of twenty (20) ears pursuant to federal regulations D. Transmission of Records: The pshop's electronic record of a re lated transaction shall be transmitted by noon the next business dgy to the Meridian Police D art n or the designated Internet online service approved by the Meridian Police Department in a method and fashion approved by the Chief of Police or designee 3-5-7: STOLEN PROPERTY: A. Upon verbal notification from the Chief of Police or designee that the pawnshop or awnbroker has received alle gedly stolen or lost property,the 12awnbroker shall not sell or permit to be redeemed the property in question for a period often (10) working days, pending no written tification of the property status If written notification of the same is received within the ten (10) day perod or if written notification is received in lieu of a verbal notification the pror)erty shall be held sgparate from other rol2erty, safe from alteration or dama ge, and with a clearly identifiable marking as to the hold PAWNBROKER ORDINANCE AMENDMENT - Page 10 of 14 • 0 status. It shall remain in this condition, without being sold or redeemed, for a period of forty-five (45) days from the date of written notification. The pawnbroker shall notifypolice of the impending release date no later than ten (10) days prior to the expiration of the hold period toaig •n approval to release the hold. At such time, the police may renew this hold for an additional forty-five 45) du period by responding in writing with such request. The police may cancel this hold at any time by issuing written notification to the pawnbroker. The pawnbroker shall not sell or allow to be redeemed any property held in this fashion without notification by the police that the property may be released. B. It is the responsibility of a pawnbroker to notify the Meridian Police Department whenever the pawnbroker has reason to believe he or she or the pawnshop are in receipt of property that may have been lost or stolen. This notification shall include the written records pertaining to the regulated transaction which resulted in the receipt of said property. The property shall not be sold or allowed to be redeemed until the police have notified the -pawnshop that the 12rol2glly may be released. C. The police shall provide written notification to pawnshops when property can be released which is being held pursuant to these provisions. This notification shall be made as soon as practical after a finding that the held property is not stolen or lost, or other circumstances exist that lead police to allow the release. D. Any property determined to be stolen or lost shall be transferred to the custody, of the Meridian Police Department upon request. The police shall retain custody of the property pending a judicial determination of the rightful owner. This may include a criminal conviction for the theft of the property in which the rightful owner has taken part in the prosecution of the crime. E. The rightful owner of stolen or lost property shall not be liable to the pawnshop for any amounts expended with respects to the stolen or lost property. F. A pawnbroker shall not be responsible for returning stolen or lost property directly to a rightful owner. 3-5-8: PROHIBITED ACTS BY PAWNBROKER: The following acts by a pawnbroker or My person acting on behalf of the pawnbroker, including the employees and agents of a pawnbroker, shall constitute a violation of this Chapter: A. Failure to make a record of any transaction as described in this Chapter. B. Falsifying any official record or entry on an official record required to be kept pursuant to this Chapter. C. Obliterating, destro3dng, or removing from the place of business any records required to be kept pursuant to this Chapter. D. Refusing to allow the Chief of Police or designee to inspect the business premises, or any books, records or other goods located or required to be located at the place of business, during regular and usual business hours. E. Transmittal of any false record to the police. F. Failure to report the possession of property that may be lost or stolen. G. Removal of or allowing removal of property from the business premises within thirty (30) days after the receipt of said property, or two!Y (20) da s if the property was obtained through a purchase, unless redeemed by the rightful owner. PAWNBROKER ORDINANCE AMENDMENT - Page 11 of 14 H. Entering into a regulated transaction in which the property at interest is such property that is manufactured or produced with a serial or identification number, and the said number has been removed altered or rendered unreadable. I. Entering into a regulated transaction with a minor or incompetent person J. Entering into a regulated transaction with a person under the influence of drugs or alcohol. K. Entering into a regulated transaction with a known thief or receiver of stolen property, or known associates of such whether the person is acting on their own behalf or as the agent of another. L. Entering into a regulated transaction with a person without requiring production of photo identification issued to that person by a governmental agency. M. Employment of a person not meeting the qualifications of this Chapter. N. Anv other violation of the specific provisions of this Cha ter not specifically enumerated above. 3-5-9: PROHIBITED ACTS BY PAWNSHOP PATRONS: A. It shall be a violation for any person to furnish false information to a pawnbroker if the provided information is required to be recorded pursuant to this Chapter. B. It shall be a violation for M person to pledge or sell any property to a pawnbroker or the pawnbroker's employees or agents knowing the property is stolen. C. It shall be a violation for any person to pledge or sell M P=erty to a pawnbroker or the pawnbroker's employees or agents knowing the property is leased or let to him or another by any instrument in writing under a contract of purchase which is not yet fulfilled. 3-5-10: EXEMPT TRANSACTIONS The provisions of this Chapter shall not apply to: A. Auto title loans. B. PavdU loans. 3-5-11: PENALTY: Any person violating any provision of this Chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than three hundred dollars ($300.00) or imprisonment in the county jail for not more than ninet�(90) days or by both such fine and imprisonment. 3-5-12: SEVERABILITY: If any provision or section of this Ordinance shall be held to be invalid by a court of competent jurisdiction then such provision or section shall be considered separately and apart from the remaining provisions or sections of this Ordinance which shall remain in full force and effect. PAWNBROKER ORDINANCE AMENDMENT - Page 12 of 14 Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect on 2006. PASSED by the City Council of the City of Meridian, Idaho, this day of , 2006. APPROVED by the Mayor of the City of Meridian, Idaho, this day of .2006. APPROVED: MAYOR ATTEST: CITY CLERK PAWNBROKER ORDINANCE AMENDMENT - Page 13 of 14 0 0 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 06 - PROVIDING FOR AN AMENDMENT MERIDIAN CITY PAWNSHOP ORDINANCE An Ordinance of the City of Meridian amending Title 6, Chapter 2, of the Meridian City Code. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective upon the passage and publication. City of Meridian Mayor and City Council By: William G. Berg, Jr., City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06 - The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 06- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of , 2006February, 2006. William. L.M. Nary City Attorney PAWNBROKER ORDINANCE AMENDMENT - Page 14 of 14 0 0 - February 3, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING February 7, 2006 APPLICANT Fire Department - Joe Silva ITEM NO. 6-C-1 REQUEST Discussion of Amendment to Fire Code Ordinance AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached ordinance Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE AMENDING TITLE 5, CHAPTER 2, OF THE MERIDIAN CITY CODE REGARDING: A SHORT TITLE, A STATEMENT OF PURPOSE, DEFINITIONS, A PROHIBITION AGAINST OPEN BURNING, EXCEPTIONS TO SUCH PROHIBITION, BURNING PERMITS, PROVIDING FOR A PENALTY FOR VIOLATIONS, AND PROVIDING A SAVINGS CLAUSE; AMENDING TITLE 5, CHAPTER 3, OF THE MERIDIAN CITY CODE REGARDING: A SHORT TITLE, A STATEMENT OF PURPOSE, DEFINITIONS, AIR QUALITY DESIGNATIONS, HEIGHTENED AIR QUALITY INDEX PROHIBITIONS, BURNING SOLID FUEL OR REFUSE, APPLICABILITY OF CHAPTER, PROVIDING FOR A PENALTY FOR VIOLATIONS, AND PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Title 5, Chapter 2 of the Meridian City Code, regarding open burning, became outdated upon the promulgation of the Rules for Control of Air Pollution in Idaho by the Idaho Department of Environmental Quality and the adoption of the International Fire Code, 2003 edition, in Title 10, Chapter 4 of the Meridian City Code; WHEREAS, Title 5, Chapter 3 of the Meridian City Code, regarding clean air, became outdated upon the promulgation of the Rules for Control of Air Pollution in Idaho by the Idaho Department of Environmental Quality, the adoption of the International Fire Code, 2003 edition, in Title 10, Chapter 4 of the Meridian City Code, and the passage of the Solid Fuel Heating Appliance Ordinance set forth in Title 10, Chapter 1, Section 6 of the Meridian City Code; WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to regulate open burning in a manner consistent with other applicable City ordinances and the International Fire Code and the Rules for Control of Air Pollution in Idaho; WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to regulate clean air in a manner consistent with other applicable City ordinances and the International Fire Code and the Rules for Control of Air Pollution in Idaho; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 1 OF 15 Section 1. That Title 5, Chapter 2, of the Meridian City Code is amended to read as follows: 5-2-1: SHORT TITLE: This Chapter shall be known as the CITY OF MERIDIAN OPENBURNING ORDINANCE. 5-2-2: PURPOSE: The purpose and intent of this Chapter is to AMinate all fe.ffii. r� buf FARg QA --j -tire- safety goals eanbe aeh4eve s to the International Fire Code as adopted in Title 10, Chanter 4, Meridian City Code as such amendments pertain specifically to open burning within the City of Meridian 5-2-3: DEFINITIONS: For purposes of this Chapter, in addition to the definitions set forth in the International Fire Code as adopted in Title 10, Chapter 4, Meridian City Code the following terms, phrases, words, and derivations all have the meanings given herein. The word "shall" is always mandatory and not merely directory. AGRICULTURAL BURNING: The open burning of plant life grown on the premises in the course of any agricultural, forestry or land clearing operation, when it ean be shevi% 16.01.01.616 puFsuM te the authefity gmffted:by 1daho Code ehElpte- +;+I- In ---I where the subdiv4siefl lets are sma4ler- than efie and five tmths (1 -5) aems. AIR QUALITY INDEX (AOI)• A system used by the Idaho department of environmental quality to report daily air pollution levels to the public Monitored air pollution levels are AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 2 OF 15 converted to a uniform scale ranging from 0 to 500 with the pollutant that has the hi est ambient concentration measured in a given area determining the AOI of this Chapter- may else mean afly Fepr-esentative designated bY the Chief to fulfill an BURN BARREL: A drum, cylinder, or other such container in which residential outdoor burning may be conducted. The use of a burn barrel is a form of oven burning BURNING PERMIT: The City of Meridian burning permit issued by the fire chief or his designee pursuant to this Chapter. EXTINGUISHED: The absence of any visible flames smoke or emissions FIRE CHIEF: The duly appointed fire chief for the City of Meridian or his designee of the City of Mefidiaff.- IGNITE or IGNITION: To cause a fuel to burn. ODOR: The semsati8f ae t4' b 68M stkiffiWatieffw f the human" The property or quality of a substance that stimulates or is perceived by the sense of smell the standards for which shall be fudged by the fire chief or his designee on criteria that may include intensity duration, freauencv, offensiveness and health risks OPE BUR TNG* The burning of -ny mat4 U d t the pfe+ t Of tafl t, .mina a t-woug+ tf duet t, r C �* PERMITi. The City of Meridian buming per.�t issued pwsua to this Chapter - FA PERMIT HOLDER: Any person issued a city of Meridian burning permit PERSON: Any person, corporation, firm, partnership or any Federal, State or local governmental entity. RED FLAG WEATHER WARNING: A notification issued by the National Weather Service that atmospheric conditions exist or may exist which may result in hazardous burning conditions. RESIDENTIAL OUTDOOR BURNING: The open burning of rubbish household waste tree leaves, vard trimmings or gardening waste at a private residential property. AMENDMENTS TO OPEN BURNING AND CLEAN Am ORDINANCES PAGE 3 OF 15 SMOKE: Small gas borne particles resulting from incomplete combustion, consisting predominately, but not exclusively, of carbon and other combustible material. TRADE WASTE: Any solid liquid or gaseous material resulting from the construction or demolition of anv structure or the operation of any business trade or industry. Trade waste may include, but is not limited to the following materials and their containers and/or packaging: wood sawdust drywall cardboard vinyl metal glass brick asphalt tar, paint, stain, sealant caulking bark chips shavings and cull wood 5-2-4: PROHIBITION AGAINST OPEN BURNING: A. Except as allowed under section 5-2-5 of this chapter, any and all open burning shall be prohibited. B. The following tvpes of open burning shall be specifically prohibited• 1. Use of burn barrels. 2. Agricultural burning. 3. Residential outdoor burning. C. Open burning of the following materials shall be specifically prohibited: 1. Chemically -treated wood including but not limited to railroad ties and/or telephone poles; 2. Combustible materials; 3. Commercial or industrial waste; 4. Dead animals, 5. Garbage, 6. Hazardous materials; AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 4 OF 15 0 0 7. Heavy petroleum products,• 8. Insulated wire: 9. Mill waste, 10. Oil, grease, and/or asphalt; 11. Paints: 12. Pathogenic waste,• 13. Plastics: 14. Rubber: 15. Tar and/or tar paper - 16. Tires: 17. Trade waste, specifically including, but not limited to the burning thereof at construction sites: 18. Vehicles. 5-2-5: EXCEPTIONS TO OPEN BURNING PROHIBITION: Notwithstanding the provisions of section 5-2-4 of this chapter and the International Fire Code as adopted in Title 10 Chapter 4 Meridian City Code the following types of fires shall be allowed: A. Fires Allowed With Permit: The following types of fires may be allowed by permit only: AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 5 OF 15 • 1.Open burningof f irrigation ditches and fence rows for the purpose of weed control except that such fires shall be permitted only between 8:00 a.m. and sunset Unless otherwise authorized by permit, the following conditions shall apply to open burning of irrigation ditches and fence rows at all times from ignition of the fire until it is extinguished: a. At least one portable fire extinguisher with a 4-A minimum rating or other appropriate extinguishing shing agent and a method and/or equipment for applying such extinguishing agent must be available for immediate utilization. b. The permit holder must attend the fire at all times. c. The permit holder must be in possession of the permit at all times. 2. Bonfires, so long as the fire chief or his designee has conducted a thorough inspection thereof prior to ignition. The fire chief or his designee may supervise the building, ignition, and maintenance of any bonfire. Unless otherwise authorized by permit, the following conditions shall apply to open burning of bonfires at all times from ignition of the fire until it is extinguished: a. At least one portable fire extinguisher with a 4-A minimum rating or other appropriate extinguishing agent and a method and/or equipment for applying such extinguishing agent must be available for immediate utilization. b. The permit holder must attend the fire at all times. c. The permit holder must be in possession of the permit at all times. B. Fires used in the training of firefi lg sting personnel by direction of the fire chief or his designee shall not require a permit. C. Conditions Applicable to All Fires: The following conditions apply to all open burning fires, including those for which a permit has been issued: 1. Open burning shall be allowed only where the fire is built, ignited, and maintained in accordance with time, place, and manner restrictions established by law, including, but not limited to: Meridian City Code Title 10, Chapter 4; the Meridian Clean Air Ordinance; all applicable provisions of the Idaho Code. and rules and regulations romulgated pursuant thereto. 2. All open burning, even if a valid permit has been issued or no permit is required is prohibited when the air quality index reaches 60 or higher for any pollutant. It is the AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 6 OF 15 responsibility of the holders of valid hermits or anyone wishing to ignite a fire for which no hermit is required to determine the level of the air quality index prior to igniting any fire. The holder of a valid permit or any person igniting a fire for which no permit is required shall determine the level of the air auality index prior to igniting any 3. Open burning shall be prohibited when a red flag weather warning is in effect or forecasted for within twelve (12) hours following ignition or when atmospheric conditions or other circumstances present a danger to land property and/or human health and safety. The holder of a valid permit or any person igniting a fire for which no permit is required shall determine the red flag weather warning status and forecast prior to igniting any fire. 4. All fires shall be constantly attended until the fire is completely extinguished. 5-2-6: PERMITS: AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 7 OF 15 • 0 A. Application for a hermit required by this Chanter shall be made to the fire chief in such form and detail as prescribed by the fire chief Applications for permits shall be accompanied by such plans as prescribed by the fire code official B. Any person denied a burning permit may appeal such denial in writing to the Meridian Crtv Council. Such appeal must be made within thirty(30) days of issuance The City Council shall rule on said appeal within fifteen (15) days of receipt zr �� ,C .Ticv r N F Pefm is for -fm allowed* b b d 1y by pefm4t are to b bt d^em t distFiet whw6n the fire is to be leeated, Pr-eeedwes for- w- by the eity eounei.j.. established - 5 2 Q. APPEAL F DAR7T DEN ♦ r I r l 1, 1! J L 11 rM1,11 1 1 faake u+aZc'IIca TO this ehaptw, 5-2-7: APPLICABILITY OF CHAPTER: Nothing in this chanter is intended to conflict with supersede repeal or affect any applicable state or federal laws rules and/or regulations 5-2448: ENFORCEMENT AND PENALTY: A. Enforcement: The fire chief, and/or his duly authorized _ Tr-esemafi �;edesi ee, and/or any law enforcement officer ' shall have the authority to enforce the provisions of this chapter. B. Penalty: Each violation of any regulation hereunder or the provisions of any permit issued pursuant hereto shall be a misdemeanor, and for each day said violation shall AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 8 OF 15 • 0 continue, shall constitute a separate offense hereunder. Such violation shall be punishable as provided in section 1-4-1 of this code. 5-2-9: SEVERABILITY: If any provision or section of this Ordinance shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or section of this Ordinance which shall remain in full force and effect. Section 2. That Title 5, Chapter 3, of the Meridian City Code is amended to read as follows: 5-3-2: AUTHOREFY AIND PURPOSE: The purpose of this chapter is to protect air quality resources vital to the public health, safety, and welfare of Meridian residents and the economic future_- by eentM14ing ewAssiem &e solid a„i a Fefusel and 50 5-3-43: DEFINITIONS: In addition to the definitions set forth in other applicable state and federal laws and city ordinances, including, but not limited to, Meridian City Code Title 10 and the codes incorporated by reference therein, Ffor the purpose of this chapter, the following terms, phrases, words, and derivations all have the meanings given herein. The word "shall” is always mandatory and not merely directory. AIR I'9LLUTION::The presenee i the ,.,., t, f r , raeadifiens-as would be inin e human1, �+1. asa �''7 +l 4 l t d life, 4 J f AIR QUALITY INDEX (AQI): A system used by the Idaho department of environmental quality (DEQ) to report daily air pollution levels to the public. Monitored air pollution levels are converted to a uniform scale ranging from 0 to 500 with the pollutant that has the highest ambient concentration measured in a given area determining the AQI. AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 9 OF 15 • 0 BUILDING: r. -s4uetffe,—dwellillgt,; 1 t , n� a n n as defined by thebuilding eede as adopted i title 10, ehaptef- 1 f d a BURN DOWN: That period of time fellewift an aiF pellution'- required for the cessation of combustion and/or burning. wid in aselid fuel t 1 b rr affeLs -or� buffo a „ rr «lmaintained; by theeity 1 1 ECONOMIC HARDS! 11P. FiftY PffeeW (50-0,4) er- less of Ada GeufA.�4s fnedi as established by the U.S. depaftmen4 of housing and ur-baa d"opment t1,,, tl+;, ty !Zm whieh is a -t rlcfmaaent tf t, 1 f t, f a building. A fi tee is d up of a,.,,.� -eea a m J y,� et..l fl„ a __ , firebox , + 1 ifig is Hot tsefiPAtivn of "fi ' n rr applianee measufed tmder- the testing e6ter-ia as adopted by the Ada Gauffty development ser ro- S d ep ff tmext. INCINERATOR: Any device designed or operated to reduce the volume of refuse or solid waste by burning. Pathological incinerators are excluded from this definition OPERATOR: Any person owning solid fuel burning equipment, or who is responsible for placing fuel into or igniting fuel within a solid fuel heating appliance.bufn ag a�•��� . PARTICULATE MA-WER.: J bpelmeff seemes. PERMIT HOLDER: Any person issued a city of Meridian burning permit. PERSON: Any individual, firm, partnership, association, corporation, company, organization or governmental entity. AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 10 OF 15 0 • REFUSE: All solid waste, garbage, and rubbish, including, but not limited to, cardboard, plastic, rubber, styrofoam, petroleum products, foodstuff, Christmas trees, yard debris, or chemically treated wood. REFUSE .TN(''n.T>,n ♦ m� A .lo designed _ d vr� , --pe - ,urse '1 1 bas fir-Od P uta of heat in a building for- the PuTese ef spaeo heating. No solid fuel heating devi shall be cele seufee of heat if the building equipped � fiimarae or- heating system desigaed to heat the building that is ewmeeted or- tmewmeeted ^ g seffFee, Ufilizifig oil, fratur d gas, eleetfiezyvrproFane- SOLID FUELm of ufftmated wood of eeal-. SOLID FUEL HEATING APPLIANCE: An enclosed device designed for solid fuel combustion,_ including, but not limited to a wood stove t4iat me—s A. —AiFtEeffi-i-I --affing less 9+m dgFty five to efle (35.4); bum Fate oa.o_fly,a 1 (5) five •1 �.�.o-T-r�aegmms PePheur-;,ind D. M__ 9bt efless than eight 1+ a s ionm 1 1 > Wilefs, eeek stoves, ead epen fifeplaees, 5-334: AIR QUALITY DETERMINATION DESIGNATIONS AND A r ERT- RI4: Air quality within the city of Meridian shall be determined by referencing daily areawide pollutant levels, known as the area's air quality index, as reported by the Idaho department of environmental quality. quWity that is unhealthfuj, 11 n n w4j! 1. in1r .. whenever- , , ehe depaAmefft of en 4efmeatal 1 or- Mgher- for- any peilutant jWdlin c411`1Vf�il Ge +•,1 AC;0W of rtore .. Ta 1 J J7 , 7 Operator-G-Pemait Holder- And 14 - fmmbumiTl. dufi, 11 w „le.F Do...,:+t,.la _r _ obtain a b Y"� -- area s daily s,ir anstl'+- ' and +.,,....,r.;enf _ ast by _ , e jdahe 5-3-5: HEIGHTENED AIR OUALITY INDEX PROHIBITIONS AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 11 OF 15 A. Whenever the Idaho department of environmentaluality reports an air quality index of seventy-four (74) or greater and forecasts air stagnation conditions to continue for at least twenty-four (24) hours the following additional restrictions and/or prohibitions shall apply: 1. Appliances And Fireplaces: All wood burning including but not limited to burning within a solid fuel heating appliance or fireplace shall be prohibited except that a person who commenced wood burning prior to the issuance of a report of an air quality index of seventy-four (74) and a forecast of air stagnation conditions to continue for at least twenty-four (24) hours shall have a burn down period of three (3) hours, after or within which period combustion and/or burning must cease No person undertaking a burn down under this exception shall cause or allow wood burning, unless an exemption has been granted by the fire chief or his designee. 2. Incinerators: No person shall cause or allow the operation of a solid waste incinerator. This chapter shall not apply to pathological incinerators. B. All open burning, even if a valid permit has been issued or no permit is required, is prohibited when the air quality index reaches siM (60) or higher for any pollutant C. Holders of valid burning pen -nits and persons igniting a fire for which no permit is required, including, but not limited to operators of solid fuel heating appliances shall detennine the air quality index and air stagnation forecasts prior to igniting such fires and shall monitor the air quality index and air stagnation forecasts throughout burning and/or use of such appliances. The air quality index and air stagnation forecast may be determined by contacting the Idaho department of environmental quality. 5-3-7-6: BURNING SOLID FUEL OR REFUSE: A. Solid Fuel Heating Appliances: No person shall cause or allow the burning of any matter other than wood fuel in a solid fuel heating appliance designed for wood fuel. Such prohibition shall include but is not limited to refuse or coal. B. Incinerators: No person shall cause or allow an incinerator to be operated contrary to the design, specifications, manufacturer's instructions and/or laws pertaining thereto. AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 12 OF 15 T mn7kv-mm- 5-3-7-6: BURNING SOLID FUEL OR REFUSE: A. Solid Fuel Heating Appliances: No person shall cause or allow the burning of any matter other than wood fuel in a solid fuel heating appliance designed for wood fuel. Such prohibition shall include but is not limited to refuse or coal. B. Incinerators: No person shall cause or allow an incinerator to be operated contrary to the design, specifications, manufacturer's instructions and/or laws pertaining thereto. AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 12 OF 15 p3ral NW.1• . . • . i • • • ----k7- 7:,, AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 13 OF 15 n n additional res4«rOCie1Tapply, 9 A-ApplianeesF.i-Y 'YYEplaees: o pefsAii'shall eaeJe"or- "flow, after- how llbjjm' dww%", ife' t eating applianese - 1 l exemption -has' gmWea b.. the eity > > i • • • ----k7- 7:,, AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 13 OF 15 ..... - w --7A UZALWAZLM ... - _ 5-3447: APPLICABILITY OF CHAPTER: Nothing in this 11.achapter is intended , r-eg tinn�nr t the installation or- fi f hd f 1 beating a K applinnees, inahud; a, but Rot limited -o, ' e b,1.tie adopted a t tit 1 n, t -. - I of this ede >;,fthe. "ediing'" this t , ti a to conflict with, supersede, repeal, or affect any ether- eg ,1,.,a.. s er- feq&ements f thet@M h outdoor- fifes, a of thisapplicable state or federal laws rules and/or regulations 5-3438: ENFORCEMENT AND PENALTY: A.Enforcement: The city of Meridian's fire chief, mpresen a or his designee and/or any law enforcement officer in the-eity of Meridian shall have the authority to enforce the provisions of this chapter. B.Penalties: Each violation of any regulation hereunder or the provisions of any permit issued pursuant hereto shall be a misdemeanor, and for each day said violation shall continue, shall constitute a separate offense hereunder. Such violation shall be punishable as provided in section 1-4-1 of this code 5-3-9: SEVERABILITY: If any provision or section of this Ordinance shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or section of this Ordinance which shall remain in full force and effect. Section 3. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 14 OF 15 0 Section 4. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect on PASSED by the City Council of the City of Meridian, Idaho, this day of , 2006. 2006. APPROVED by the Mayor of the City of Meridian, Idaho, this day of , 2006. APPROVED: MAYOR ATTEST: CITY CLERK AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 15 OF 15 • • NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 06 - PROVIDING FOR AN AMENDMENT TO MERIDIAN CITY OPEN BURNING AND CLEAN AIR ORDINANCES An Ordinance of the City of Meridian amending Title 5, Chapter 2, of the Meridian City Code and amending Title 5, Chapter 3, of the Meridian City Code. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This Ordinance shall become effective upon passage and publication. Mayor and City Council of the City of Meridian By: William G. Berg, Jr., City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06 - The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 06- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this day of , 2006. William. L.M. Nary, City Attorney AMENDMENTS TO OPEN BURNING AND CLEAN AIR ORDINANCES PAGE 1 OF 1 n U 0 February 3, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING February 7, 2006 APPLICANT Mayor's Office ITEM NO. 6-D-1 REQUEST Appointment of Eric Oaas to MDC Board AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: [ k& I Y'J ro)? tlo Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. RECEIVED ,FEB ® 7 2006 City Of Meridiai. City Clerk Office T. Erik Oaas 1995 to 1997 VP Finance, CFO and Director, Micron Custom Manufacturing Services, Inc. (MCMS) Following the merger, I retained the CFO position for the company's wholly owned Subsidiary (MCMS) and continued to serve on its Board of Directors. During this period, the company acquired the operations of a company in Belgium and established a manufacturing operation in Malaysia. 1992 to 1995 VP Finance, Treasurer and Director, Micron Custom Manufacturing Services, Inc. In July 1992, the former business unit (MCMS) was established as a wholly owned subsidiary of Micron Technology, Inc. I was responsible for all finance, treasury and administration operations of the new subsidiary including procurement and IT; I reported to the CEO. We established a remote manufacturing operation in Durban, NC and an international procurement office in Taiwan. In June of 1994, we initiated an IPO of the company's stock but later terminated the process due to unfavorable financial market conditions in August. 1989 to 1992 Administration Manager, Memory Applications Group, Micron Technology, Inc. I was responsible for all financial and administrative operations of this business unit. As a significant catalyst for establishing this business unit, I helped drive the operation from $0 external sales to approximately $100M. 1984 to 1989 Operations Manager, Purchasing Manager, Systems Group,Micron Technology, Inc. I held a variety of supervisory and nv=gement positions with the Systems Group, an engineering design and manufacturing division within Micron Technology, Inc. 1980 to 1984 President, Montana Pole and Treating Plant, Inc. Butte, MT As president of a family owned forest products business, I was responsible for all operations of the company. The business was liquidated in 1984. Education 1975 B.S. Degree with honors, Business Management, University of Montana Missoula, MT References Joseph M. Dahoso, Former Chm. and CEO, Micron EIectranics, Inc. (208) 602-4034 Wilbur G. Stover, VP Finance, CFO, Micron Technology, Inc. (208) 368-4621 i� • d XH3 13C83SUI dH WdSC z 6 9002 GO qa3 T. Erik Maas 9460 W. Pebble Brook Lane Boise, ID 83714 (208) 853-6971 home (208) 440-6971 Mobile (208) 853-3975 Fax Email address: ez*@aaashney.com Objective I seek an executive level position in a challenging and growth oriented company, in the high technology electronics industry. Qualifications I have an extensive background in the 8ruance and manageme t areas with 6 years at the executive level. My executive experience spans the process of taking a company Public through a reverse merger with a public company, raising $250M in equity capital through a secondary offering of the company's stock, a significant divestiture transaction and completing an acquisition of another company in a related business. Work History 1997 to 1998 E.V.P. Finance, CFO and Director, Micron Electronics, Inc. This position was responsible for all finance, accounting and treasury operations of the company and reported to the CEO. In this position, I provided strategic and tactical direction for all the finance operations in the company. Additionally, I was responsible for leading the company m financial transactions and providing strategic guidance to the CEO in the financial area. The VP Investor Relations reported to this position as well as the VP Legal and Cleneral Counsel As a Board member, I was the primary financial interface with the Board of Directors. In May, I led a team int negotiating a $100M line of credit with 6 commercial banks in a syndicated facility. 1995 to 1998 VP Finance, CFO and Director. Micron Electronics, Inc_ This position was responsible for all finance, accounting, treasury and administration operations of the company and reported to the CEO. in April 1995, I provided the financial leadership to guide the company through a reverse merger in which two former Micron Technology, Inc. subsidiaries were merged with and into ZEOS, Intl., a public company, the resulting company's name was changed to Micron Electronics, Inc. In July 1996, we established a foreign subsidiary in Japan for PC systems integration and sales. In February* 1997, I provided the financial hmdership to successfully raise over $250M in a secondary offering of the company's stock primarily for the benefit of our parent company. In July 1997, I led a team through an acquisition of NetFRAME Systems, Inc. in Milpitas, CA. In February 1998, I led a team which completed a divestiture of a wholly owned contract manufacturing subsidiary (MOMS) and raised $200M in cash for the Company. 6-d XH3 13rS3SH'I dH Wd96%6 9002 LO qa3 T. Erik Baas. Upon graduating with a Bachelor's Degree in Business Management from the University of Montana in 1975, T. Eric Oaas served as President of his family's forest products manufacturing business in Montana. In 1984, he moved his family to Boise and joined the Micron Technology, Inc (MTI) family of companies. He held a variety of supervisory positions in Procurement, Administration and Operations in the Systems Group. In 1989, he was named Chief Financial Officer (CFO) of the newly formed contract manufacturing subsidiary, Micron Custom Manufacturing Services, Inc. (MCMS) where he also served as Vice President (VP) of Finance and was a member of the Board of Directors. In 1995, when MCMS was merged with two other companies to form Micron Electronics, Inc. (MEI), he was named Executive VP of Finance, CFO and served on the Board of Directors until he retired in 1998. From 1998 to 2003, he consulted with several start-up businesses and other entities. After extensive discussions and analysis with Steve Laney concerning the Treasure Valley's projected population growth, Erik and Steve Laney decided to launch the Oaas Laney companies in 2003. Z ' d XHd 13C83SH'1 dH Wd9C s S 900a GO clad • February 3, 2006 MERIDIAN CITY COUNCIL MEETING February 7, 2006 APPLICANT ITEM NO. S REQUEST Request for Pre -termination hearing by Kelly Krommenhoek 2735 West Higan Street AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See aftached Contacted: Date: (, (� Phone: '6tS'7 — c) Emailed: UStaff Initials: W Materials presented at public meetings shall become property of the City of Meridian. azc� - 1r. I I , i Ev . a. heXi d'i aAI► 1� 1 0 z :ko%-g9'1- gtotP�S� RECEIVEJ) JAN 3 12006 GITY OF MERIDIAN CITY CLERK Or-FIrF t CIT*F MERIDIAN 33 E. Idaho Avenue Meridian, ID 83642 .A 208-888-4439 L M'P 2036 ************5 -DIGIT SCH 83642 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIt111111111111111111111 KROMMENHOEK, PAUL 2735 W HIGAN ST MERIDIAN ID 83642-4801 ..................... CITY OF MERIDIAN 33 E. Idaho Avenue 634 Meridian, ID 83642 627 Service Location 2735 HIGAN ST W Statement Date 1!23/06 Account # 15.21.1550.2 PA AD KROMMENHOEK, PAUL 7L- 2735 W HIGAN ST MERIDIAN ID 83642-4801`P IIIIIIIIIIIIIIIIIIIIp1111III111111111111111111111IIIIIlIl11111 CITY OF MERIDIAN PO BOX 670 CALDWELL ID 83606-0670 PLEASE DETACH AND RETURN TOP PORTION WITH YOUR PAYMENT Water 01/12 Sewer Garbage Toters Container a AMOU TOTAL AMOUNT DUE: 7,000 * If there is an amount due showing in the grey highlighted area above, that amount must be paid in full by 2:00 p.m. January 31, 2006. Current Balance Due by February 5, 2006. City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 Phone (208)888-4439 0002062 10.66 24.29 10.95 2.46 0.14 LL. Vu 0.00 48.50 104.65 A CITY OF MERIDIAN Customer History - Account by Name Page: 1 Report Date(s): 01/01/2004 to 02/20/2006 i� Feb 07, 2006 12:42pm Report Criteria: Customer.Cust No =152115502 48.50 22.00- 15.21.1550.2 KROMMENHOEK. PAUL 2735 HIGAN ST W Account Summary. Water Sewer Garb Toter Tax RetCk Period TnOn Billings Adj Payments Oth Balance 12/31/2003 99.90 01/20/2004 11.32 26.31 10.05 2.38 .14 - _ 50.20 57.22- 92.88 02/20/2004 9.36 20.75 10.05 2.38 .14 - _ 42.68 42.68- 92.88 03/20/2004 10.34 23.53 10.05 2.38 .14 - _ 46.44 50.20- 89.12 04/20/2004 11.32 23.53 10.05 2.38 .14 - _ 47.42 89.12- 47.42 05/20/2004 16.22 23.53 10.05 2.38 .14 - - 52.32 47.42- 52.32 06/20/2004 13.28 23.53 10.05 2.38 .14 - - 49.38 - 101.70 07/20/2004 11.32 23.53 10.05 238 .14 - - 47.42 52.32 - 96.80 08/20/21104 16.22 23.53 10.05 238 .14 - - 52.32 96.80- 52.32 09/20/2004 13.28 23.53 10.05 2.38 .14 - - 49.38 - 101.70 10/20/2004 11.32 23.53 10.15 2.40 .14 - - 47.54 52.32- 96.92 11/20/2004 12.30 23.53 10.15 2.41 .14 - - 48.53 49.38- 96.07 12/20/2004 10.34 23.53 10.15 2.41 .14 - - 46.57 47.54- 95.10 01/20/2(105 11.32 26.31 10.15 2.41 .14 - - 50.33 100.00- 45.43 02/M2005 10.34 23.53 10.15 2.41 .14 - - 46.57 45.00- 47.00 03/20/2005 10.34 23.53 10.15 2.41 .14 - - 46.57 50.00- 43.57 04/20/2005 10.66 24.29 10.15 2.41 .14 - - 47,65 43.57- 47.65 05/20/2005 16.72 25.01 10.15 2.41 .14 - - 54.43 50.00- 52.08 06/20/2005 17.73 25.01 10.15 2.41 .14 - _ - 55.44 50.00- 57.52 07/20/2005 12.68 25.01 10.45 2.41 .13 - - 50.68 - 108.20 08/20/2005 20.76 25.01 10.75 2.41 .12 - 30_Q0 89.05 138.52- 58.73 09/20/2005 15.71 25.01 10.75 2.41 .12 - - 54.OD 55.00- 57.73 10/20/2005 11.67 25.01 10.75 2.41 .12 - _ 49.96 60.00- 47.69 11/20/2005 13.69 25.01 10.95 2.41 .14 - _ 5220 48.00- 51.89 12/20/2005 1268 30.03 10.95 248 .12 - _ 56.26 30.00- 78.15 01/20/2006 10.66 24.29 10.95 246 .14 - 48.50 22.00- qW CITY OF MERIDIAN Customer Hstory - Account by Name Page: 2 Report Date(sy 0101/2004 to 02/20/2006 Feb 07, 2006 12:42pm 15.21.1550.2 KROMMENHOEK, PAUL 2735 HIGAN ST W (Continued) Water Sewer Garb Toter Tax RetCk Period TnOn Billings Adj Payments Oth Balance 0212012006 - - - Totals: 321.58 609.41 257.35 60.09 3.41 30.00 1,281.84 1.277.09- Metered ,277.09- Metered Services: Usage Amount Status Period Usage Amount Status 01/20/2004 Water Current Rate Table: 101 Water 01/20/2004 8,000 26.31 02120/2004 0 00 Period Read Data Meter id Beg Read End Read Usage Demand Muliplier Amount Status 01/20/2004 01/09!2004 09898230 399 407 8,000 .0000 1000.0000 11.32 07/20/2004 02/06/2004 09898230 407 413 6.OW .0000 1000.0000 9.36 03/20/2004 03/08!2004 09898230 413 420 7,OW OOW 1000.0000 10.34 04/20/2004 04/0812004 09898230 420 428 8,000 .0000 1000.00W 11.32 05/20/2004 05/07/2004 09898230 428 441 13,000 .00W 1000.0000 16.22 06/20/2004 08/08/2004 09898230 441 451 10,000 .0000 1000.0000 13.28 07/20/2004 07/09/2DO4 09898230 451 459 8.000 .0000 1000.0000 11.32 08/2012004 08/06/2004 09898230 459 472 13,000 .0000 1000.0000 16.22 09/20/2004 09/09/2004 09898230 472 482 10,000 .0000 1000.0000 13.28 10/20/2004 10/08/2004 09898230 482 490 8,000 .0000 1000.0000 11.32 11/20/2004 11/05/2004 09898230 490 499 9,000 .0000 1000.0000 12.30 1712012004 12/08/2004 09898230 499 506 7,000 .0000 1000.0000 10.34 01/20/2005 01/07/2005 09898230 506 514 8,OW .0000 1000.0000 11.32 02/20/2005 02/08/2005 09898230 514 521 7,000 .0000 1000.0000 10.34 03/20/2005 03/08/2005 09898230 521 528 7,000 .0000 1000.0000 10.34 04/20/2005 04/07/2005 09898230 528 535 7,000 .0000 1000.0000 10.66 05/20/2005 05/09/2005 09898230 535 548 13,000 .0000 1000.0000 16.72 08/20/2005 06109/2005 09898230 548 562 14,00 .0000 1000.0000 17.73 07/20/2005 07/08/2005 09898230 562 571 9,000 OoW 1000.0000 12.68 08/20/2005 08/09/2005 09898230 571 588 17,000 .0000 1000.0000 20.76 09/20/2005 09/17/2005 09898230 588 600 12,000 .0000 1000.0000 15.71 10/20/2005 10/11/2005 09898230 600 608 8,000 .0000 1000.0000 11.67 11/20/2005 11/08/2005 09898230 608 618 10,000 .0000 1000.0000 13.69 12/20!2005 12/12/2005 09898230 618 627 9,000 .00W 1000.0000 12.68 01/20/2006 01/12/2006 09898230 627 634 7,000 .0000 10W.0000 10.66 02 2O/2006 09898230 634 .00 - - 235,000 321.58 Non -metered Services: Current Rate Table: Sewer Current Rate Table: 301 Sewer4esidential 104.65 Period Usage Amount Status Period Usage Amount Status 01/20/2004 0 .00 01/20/2004 8,000 26.31 02120/2004 0 00 07/20/2004 6,000 20.75 O3✓2O/2004 0 .00 03/20/2004 7,000 23.53 04/20/2004 0 .00 04/20/2004 7 23.53 05/x/2004 0 .00 05/20/2004 7 23.53 06/20/2004 0 00 00/20/2004 7 23.53 CITY OF MERIDIAN Customer History - Account by Name Page: 3 Report Date(s): 01/01/2004 to 02/20/2006 Feb 07, 2006 12:42pm 15.21.1550.2 KROMMENHOEK, PAUL 2735 HIGAN ST W (Continued) Period Usage Amount Status Period Usage Amount Status 07/20/2004 0 .00 07/20/2004 7 23.53 08/20/2004 0 .00 08/20/2DO4 7 23.53 09/20/2004 0 .00 09/2012004 7 23.53 10/20/2004 0 .00 10/20/2004 7 23.53 11/20/2004 0 .00 1120/2004 7 23.53 12/20/2004 0 .00 12/20/2004 7 23.53 01/20/2005 0 .00 01/20/2005 8,000 26.31 02/20/2005 0 .00 02/20/2005 7.000 23.53 03/20/2005 0 .00 03/20/2005 7,000 23.53 04/20/2005 0 .00 04120/2005 7,000 24.29 05/20/2005 0 .00 05/20x1005 7,250 25.01 06/20/2005 0 .00 06/20/2005 7,250 25.01 07/20/2005 0 .00 07/20/2005 7,250 25.01 08/20/2005 0 .00 08!20/2005 7,250 25.01 09/20/2005 0 .00 09/20/2005 7,250 25.01 10/20/2005 0 .00 10/20/2005 7,250 25.01 11/20/2005 0 .00 11/20/2005 7,250 25.01 12/20/2005 0 .00 12/20/2005 9,000 30.03 01/20/2006 0 .00 01/20/2006 7,000 24.29 02/20/2006 .0 .00 02/20/2006 0 .00 0 .00 116,813 609.41 Garb Current Rate Table: 501 Garbage 10.95 RES Toter Current Rate Table: 701 TOTERS Period . Usage Amount Status Period Usage Amount Status 01/20/2004 0 10.05 01/20/2004 0 2.38 02120/2004 0 10.05 02/20/2004 0 2.38 03/20/2004 0 10.05 03/20/2004 0 2.38 04/20/2004 0 10.05 04/20/2004 0 2.38 05/20/2004 0 10.05 05120/2004 0 2.38 06/20/2004 0 10.05 06/20/2004 0 2.38 07/20/2004 0 10.05 07/20/2004 0 2.38 08/20/2004 0 10.05 08/20!2004 0 2.38 09/20/2004 0 10.05 09/20/2004 0 2.38 10/20/2004 0 10.15 10/20/2004 0 2.40 11/20/2004 0 10.15 11/20/2004 0 2.41 17/20/2004 0 10.15 12120/2004 0 2.41 01/20/2005 0 10.15 01/20/2005 0 2.41 02/20/2005 0 10.15 - 02x10/2005 0 2.41 03/20x2005 0 10.15 03/20/2005 0 2.41 04/20/2005 0 10.15 04/20/2005 0 2.41 05/20/2005 0 10.15 05/20/2005 0 2.41 06/20/2005 0 10.15 06/20/2005 0 2.41 07/20/2005 0 10.45 07/20/2005 0 2.41 08/20/2005 0 10.75 08120/2005 0 2.41 09/20/2005 0 10.75 09/20/2005 0 2.41 10/20/2005 0 10.75 10/20/2005 0 2.41 11/20/2005 0 10.95 11/20/2005 0 2.41 12120/2005 0 90.95 12/20/2005 0 2.48 01/2012006 0 10.95 01/20/2008 0 2.46 02/20/2006 0 .00 02/20/2008 0 .00 qw CITY OF MERIDIAN Customer History - Account by Name Page: 4 Report Date(s): 01101/2004 to 02/20/2006 Feb 07, 2006 12:42pm 15.21.1550.2 KROMMENHOEK, PAUL 2735 HIGAN ST W (Continued) Period Usage Amount Status Period Usage Amount Status 0 257.35 0 60.09 Tax Current Rate Table: 601 Residential Toter RetCk Current Rate Table: 1101 Returned Check Fee Period Usage Amount Status 01/20/2004 0 .14 02/20/2004 0 .14 03/20/2004 0 .14 04/20/2004 0 .14 05/20/2004 0 .14 06/20/2004 0 .14 07/20/2004 0 .14 08120/2004 0 .14 09!20/2004 0 .14 10/20/2004 0 .14 11/20/2004 0 .14 12!20/2004 0 .14 01/20/2DO5 0 .14 02/20/2005 0 .14 03/20/1005 0 .14 04/20/2005 0 .14 05/20/2005 0 .14 06/20/2005 0 .14 07120/2005 0 .13 08!2012005 0 .12 09/20/2005 0 .12 10/20/2005 0 .12 11/20/2005 0 .14 12/20/2005 0 .12 01/20/2006 0 .14 02/20/2006 0 .00 0 3.41 TnOn Current Rate Table: 1301 Tumon Fee Period Usage Amount Status 01/20/2004 0 .00 02/20/2004 0 .00 03/20/2004 0 .00 04/20/2004 0 .00 05/20/2004 0 .00 06/20/2004 0 .00 07/20/2004 0 .00 09/20/2004 0 .00 09/20/2004 0 .00 10/20/2004 0 .00 11120/2004 0 .00 12/20/2004 0 .00 01/20/2005 0 •00 01120/2D05 n nn Period Usage Amount Status 01/20/2004 0 .00 02/20/2004 0 .00 0W20/2004 0 .00 04%20/2004 0 .00 05120/2004 0 .00 06/20/2004 0 .00 07/20/2004 0 .00 08/20/2004 0 .00 09/20/2004 0 .00 10/20/2004 0 .00 11120/2004 0 .00 12/20/2004 0 .00 01120/2D05 0 .00 02/20/2005 0 .00 03f2D/2D05 0 .00 04/20/2005 0 .00 05/20/2005 0 .00 06/20/2005 0 .00 07/20/2005 0 .00 08/20/2005 0 .00 09/20/2005 0 .00 10/20/2DD5 0 .00 11/20/2005 0 .00 12/20/2005 0 .00 01/20/2006 0 .00 02/20/2006 0 .00 0 .00 Period Usage Amount Status Customer History - Account by Name Page: 5 CITY OF MERIDIAN Feb 07, 2006 12:42pm Report Date(s): 01/01/2004 to 02/20/2006 (Continued) 15.21.1550.2 KROMMENHOEK, PAUL 2735H1GANSTW Plod Usage Amount Status Period Usage Amount Status 03120/2005 0 .00 04120/2005 0 .00 0512012005 0 •00 06Y20/2OO5 0 .00 07/20/2005 0 •00 O8M/2005 0 30.00 09/20/2D05 0 •00 10/20/2005 0 •00 11/20/2005 0 .00 12120/2005 0 .00 01/20/2006 0 •00 02/20/2006 0 •00 Bill 0 30.00 Transaction Detail: Date Type Ref No Service Description Check No Source Id Usage Amount Status 01J08/2004 Pmt 1998 UTILITY PAYMENT 2012 4. 045254 0 57.22 - 11.32 01/20/2004 Bili 4167 Water Utility Reading - 01/09/04 8 ppp 8,000 000 26.31 01 /20/2004 Bili 26041 Sewer Auto Billing -01/20/04 14:14p 10.05 01/20/2004 Bill 26041 Garb Auto Billing - 01/20/04 14:14 0 2.38 01/20/2004 Bili 26041 Toter Auto Billing -01/2D/04 14:14 p 14 01/20/2004 Bill 26041 Tax Auto Bitting - 01/20/04 14:14 0 42.68- 01/30/2004 Pmt 330 UTILITY PAYMENT 1250 6.001040 000 8,ppp 9.36 02/20/2004 Bill 4583 Water Utility Reading - 02/08/04 a 20.75 02/20/2004 Bill 26639 Sewer Auto Billing - 02/18/04 13:44 p 10.05 02120/2004 Bill 26639 Garb Auto Billing - 02/18/04 13.44 p 2.38 02120/2004 Bill 26639 Toter Auto Billing - 02118/04 13:44 p .14 02120/2004 Bill 26639 Tax Auto Billing - 02/18/04 13:44 0 50.20 - 03/0212004 Pmt 1905 UTILITY PAYMENT 2035 6.002633 10.34 03/20/2004 Bill 5504 Water UtilityReading-03/09104 7,000 7,000 23.53 03/20/2004 Bill 39732 Sewer Auto Billing - 03/19/04 08:40 p 10.05 03/20/2004 Bill 39732 Garb Auto Billing - 03/19/04 08:40 0 2.38 03120/2004 Bill 39732 Toter Auto Billing - 03/19/04 08:40 p .14 03/20/2004 Bill 39732 Tax Auto Billing - 03/19/04 08:40 p 89.12- 04/02/2004 Pmt 638 UTILITY PAYMENT POL 2251366 11.32 04/20/2004 Bill 4864 Water Utility Reading - 04/08/04 8,000 7 23.53 04120/2004 Bill 28060 Sewer Auto Billing - 04/20/04 15:17 p 10.05 04/20/2004 Bill 28060 Garb Auto Billing - 04/20/04 15:17 0 238 04/20/2004 Bill 28060 Toter Auto Billing -04120/04 15:17 - p .14 04/20/2004 Bill 28060 Tax Auto Billing - 04/20/04 15:17 p 47.42- 05/10/2004 Pmt 226 UTILITY PAYMENT POL 2.262685 18.22 05/20/2004 Bill 6677 Water Utility Reading - 05110/04 13,000 7 23.53 05/20/2004 Bill 43991 Sewer Auto Billing - 05/20/04 13:36 p 10.05 05/20/2004 Bill 43991 Garb Auto Billing - 05/20/04 13:36 0 2.38 05/20/2004 Bill 43991 Toter Auto Billing - 05/20/04 13:36 p .14 05/20/2004 Bill 43991 Tax Auto Billing - 05/20/04 13:36 10,000 13.28 06/20/2004 Bill 6544 Water Utility Reading - 06/08/04 7 23.53 06/20/2004 Bill 44460 Sewer Auto Billing - 06/16/04 17:27 p 10.05 06/20/2004 Bill 44480 Garb' Auto Billing -06/16/04 17:27 2.38 06/20/2004 Bill 44460 Toter Auto Billing - 06/16104 17:27 0 Bill 44460 Tax Auto Billing -06/16104 17:27 p .14 06/20/2004 06/25/2004 Pmt 373 UTILITY PAYMENT 1240 1.043874 0 52-32- 07/20/2004 Bill 4863 Water Utility :leading - 07/09/04 8,000 11.32 Page: 6 Customer History - Account by Name CITY OF MERIDIANFeb Report Date(s): 01/01/2004 to 02/20/2006 07, 2006 12:42pm (Continued) 2735HiGANSTW 15.21.1550.2 KROMMENHOEK, PAUL Description Check No Source Id Usage Amount Status Date Type Ref No Service 7 23.53 07/20/2004 Bill 17843 Sewer Auto Billing - 07116/04 10:42 0 10.05 07/20/2004 Bill 17843 Garb Auto Billing -07/16104 10:42 0 2.38 07/20/2004 Bill 17843 Toter Auto Billing - 07/16/04 10:42 0 .14 07/20/2004 Bill 17843 Tax Auto Billing - 07/16/04 10:42 2 289488 0 49.32- 07/21/2004 Pmt 926 UTILITY PAYMENT POL 6.008 939 0 47.48- 08/02/2004 Pmt 481 UTILITY PAYMENT 13,Opp 18.22 08/20/2004 Bill 5083 Water Utility Reading - 08/09/04 7 23.53 08/20/2004 Bill 32750 Sewer Auto Bii ing - 08/19/04 16:01 0 10.05 08/20/2004 Bin 32750 Garb Auto Billing -08/19/04 16:01 0 238 08/20/2004 Bill 32750 Toter Auto Billing -08119104 16:01 0 .14 08/20/2004 Bill 32750 Tax Auto BUling - 08/19/04 16:01 10,000 13.28 09/20/2004 Bill 5570 Water Utility Reading - 09/10/04 7 23.53 09/20/2004 Bill 18213 Sewer Auto Billing - 09/16/04 11:24 0 10.05 09/20/2004 Bin 18213 Garb Auto Billing -09/16/04 11:24 0 2.38 09/20/2004 Bill 18213 Toter Auto Bilnng - 09/16/04 11:24 0 .14 09/20/2004 Bill 18213 Tax Auto Billing - 09/16/04 11:24 7.025482 0 52.32- M27/2004 Pmt 439 UTILITY PAYMENT POL 8,000 11.32 10/20/2004 Bili 6766 Water Utility Reading -10/08104 7 23.53 10/20/2004 Bin 34888 Sewer Auto Billing -10/20/04 18:14 0 10.15 10/20/2004 Bin 34888 Garb Auto Billing -10/20104 18:14 0 2.40 10/20/2004 Bin 34888 Toter Auto Billing -10/20/04 18:14 0 .14 1012o/2004 Bill 34888 Tax Auto Billing -10/20/04 18:14 7.035416 0 49.38- 10/22/2004 Pmt 613 UTILITY PAYMENT POL 9,000 12.30 11/20/2004 Bill 5778 Water Utility Reading -11105104 7 23.53 11/20/2004 Bill 33783 Sewer Auto Billing -11/18/04 15:32 0 10.15 11/20/2004 Bin 33783 Garb Auto Billing -11118104 15:32 0 2.41 11/20/2004 Bili 33783 Toter Auto Billing -11/18/04 15:32 0 .14 11/20/2004 Bill 33783 Tax Auto Billing -11/18104 15:32 7.044663 0 47.54- 11/24/2004 Pmt 440 UTILITY PAYMENT POL 7,000 10.34 12/20/2004 Bill 6815 Water Utility Reading -12/08/04 7 23.53 12/20/2004 Bill 17805 Sewer Auto Billing -12/16/04 07:01 0 10.15 12/20/2004 Bill 17805 Garb Auto Billing -12/16104 07:01 0 2.41 12/20/2004 Bill 17805 Toter Auto Billing -12116104 07:01 0 .14 12/20/2004 Bill 17805 Tax Auto Billing -12/16/04 07:01 7.056255 0 100.00- 12/29/2004 Pmt 7 UTILITY PAYMENT POL 8,000 11.32 01/20/2005 Bill 5686 Water Utility Reading - 01 /07/05 8,000 26.31 01/20/2005 Bill 33919 Sewer Auto Billing - 01/20/05 15:27 0 10.15 01/20/2005 Bili 33919 Garb Auto Billing -01/20/05 15:27 0 2.41 01/20/2005 Bili 33919 Toter Auto Billing - 01/20/05 15:27 0 .14 01/2012005 Bill 33919 Tax Auto Billing - 01120/05 15:27 2.310905 0 45.00- 02/07/2005 Pmt 385 UTILITY PAYMENT POL 7,000 10.34 02/20/2005 Bill 6149 Water Utility Reading - 02/08/05 - 7,000 23.53 02/20/2005 Bill 37228 Sewer Auto Billing - 02/16/05 18:26 0 10.15 02/20/2005 Bill 37226 Garb Auto Billing - 02/16/05 18:26 0 2.41 02/20/2005 Bill 37226 Toter Auto Billing - 02/16/05 18:26 0 .14 02/20/2005 Bill 37226 Tax Auto Biting - 02/16/05 18:26 2.319467 0 `50.00 - 03/01/2005 Pmt 2745 UTILITY PAYMENT POL 7,000 10.34 03/20/2005 Bill 7043 Water Utility Reading - 03/08/05 7,000 23.53 03/20/2005 Bill 20170 Server Auto Billing - 03/15/05 17:54 0 10.15 03/20/2005 Bill 20170 Garb Auto Billing -03f`15105 17:54 0 2.41 03/20/2005 Bill 20170 Toter Auto Billing - 03115105 17:54 0 .14 03/20/2005 Bill 20170 Tax • Auto Billing - 03115105 17:54 0 43.57 - 04/05/2005 Pmt 1938 LOCKBOX PAYMENT 7,000 10.66 04/20/2005 Bill 7273 Water Comp Metered - 04118/05 16:55 7,000 24.29 04120!2005 Bill 62184 Sewer Auto Billing - 04/20/05 16:13 0 10.15 04/20/2005 Bill 62184 Garb Arno Broin - 04/20/05 16:13 qW CITY OF MERIDIAN Customer History - Account by Name Page: 7 Report Date(s): 01/01/2004 to 02/20/2006 Feb 07, 2006 12.42pm 15.21.1550.2 KROMMENHOEK, PAUL 2735 HIGAN ST W (Continued) Date Type Ref No Service Description Check No Source Id Usage Amount Status 04/20/2005 Bill 62184 Toter Auto Billing - 04/20/05 16:13 0 Z.41 04/20/2005 Bill 62184 Tax Auto Billing - 04/20/05 16:13 0 .14 05/09/2005 Pmt 503 UTILITY PAYMENT 05078 5.025939 0 50.00- 05(20/2005 Bill 6487 Water Utility Reading - 05/09/05 13,000 16.72 05!2012005 Bill 50061 Sewer Auto Billing - 05/20/05 13:09 7,250 25.01 o5/20/2DO5 BPI 50061 Garb Auto Billing - 05/20/05 13:09 0 10.15 05/20/2005 Bill 50061 Toter Auto Billing - 05/20/05 13:09 0 2.41 05/20/2005 Bill 50061 Tax Auto Billing - 05/20/05 13:09 0 .14 05/31/2005 Pmt 963 UTILITY PAYMENT POL 5.027501 0 50.00 - 06/20/2005 BPI 6645 Water Comp Metered -06/21/05 08.49 14,000 17.73 06/20/2005 Bill 38140 Sewer Auto Billing - 06/20/05 18:07 7,250 25.01 o6/20/2005 Bill 38140 Garb Auto Billing - 06/20/05 18:07 0 10.15 06/20/2005 Bill 38140 Toter Auto Billing - 08/20/05 18:07 0 2.41 06/20/2005 BPI 38140 Tax Auto Billing - 06/20/05 18:07 0 .14 07/20/2005 Bill 7651 Water Utility Reading - 07/12/05 9,000 12.68 07/20/2005 Bill 25828 Sewer Auto Billing - 07/21/05 13:20 7,250 25.01 07/20/2005 Bill 25828 Garb Auto Billing - 07/21/05 13:20 0 10.45 07/20/2005 Bill 25828 Toter Auto Billing - 07/21/05 13:20 0 2.41 07/20/2005 Bill 25828 Tax Auto Billing - 07/21/05 13:20 0 .13 08/03/2005 Pmt 100 UTILITY PAYMENT 1412 1.052551 0 83.52 - 06/04/2005 Pmt 850 UTILITY PAYMENT -LOCKBOX 0 55.00- 08/20/2005 Bill 1 TnOn Manual Bill - 08/04/05 20:38 0 30'00 08/20/2005 Bill 7101 Water Utility Reading - 08/09/05 17,000 20.76 08/20/2005 Bill 21239 Sewer Auto Billing - 08/22/05 18:57 7,250 25.01 08/20/2005 Bill 21239 Garb Auto Billing - 08/22/05 18:57 0 10.75 08/20/2005 Bill 21239 Toter Auto Billing - 08/92/05 18:57 0 2.41 08/20/2005 Bill 21239 Tax Auto Billing - 08/22/05 18:57 0 .12 08/20/2005 Pmt 54 Credit Balance Reallocation 0 '00 09/01/2005 Pmt 442 UTILITY PAYMENT -LOCKBOX 0 55.00- 09120/2005 Bill 6764 Water Utility Reading - 09/13/05 12,000 15.71 08/20/2005 Bill 21577 Sewer Auto Billing - 09/19/05 19:58 7,250 25.01 09/20/2005 Bill 21577 Garb Auto Billing - 09/19/05 19:58 0 10.75 09/20/2005 Bill 21577 Toter Auto Billing - 09/19/05 19:58 0 2.41 09/20/2005 Bill 21577 Tax Auto Billing -09/19105 19:58 0 .12 09/30/2005 Pmt 197 UTILITY PAYMENT - LOCKBOX 0 60.00- 1012012005 Bill 7215 Water Utility Reading -10111/05 8,000 11.67 10/20/2005 Bill 23976 Sewer Auto Billing -10120/05 16:16 7,250 25.01 10/20/2005 BILI 23976 Garb Auto Billing -10/20/05 16:16 0 10.75 10/20/2005 Bill 23976 Toter Auto Billing -10/20105 16:16 0 2.41 10/20/2005 Bill 23976 Tax Auto Billing -10120105 16:16 0 .12 11/10/2005 Pmt 283 UTILITY PAYMENT -LOCKBOX 0 48'00 - 11/20/2005 Bill 3 Sewer Auto Billing -11118105 18:11 7,250 -25.01 11/20/2005 Bill 5 Garb Auto Billing -11/18/05 18:11 0 10.95 11/20/2005 Bill 7 Toter Auto Billing -11/18105 18:11 0 2.41 11/20/2005 Bill 8 Tax Auto Billing -11/18/05 18:11 0 .14 11/20/2005 Bill 7317 Water Utility Reading -11/09/05 10,000 13.69 1 211 9/20 0 5 Pmt 1144 UTILITY PAYMENT -LOCKBOX #2 0 30.00- 12120/2005 Bill 1 Water Utility Reading -12/13/05 9,000 12.68 12!20/2005 Bill 3 Sewer Auto Billing -12/19/05 15:59 9,000 30'03 12/20/2005 Bill 5 Garb Auto Billing -12/19105 15:59 0 10.95 12/20/2005 Bill 7 Toter Auto Billing -12/19/05 15:59 0 2.48 12/20/2005 Bill 8 Tax ' Auto Billing -12/19/05 15:59 0 .12 01/03/2006 Pmt 743 UTILITY PAYMENT -LOCKBOX #1 0 22-00- 2 00-01/20/2008 01/20/2008 Bill 1 Water Utility Reading - 01/13!06 7,000 10.66 01/20/2008 Bill 3 Sewer Auto Billing -01/191W 23:29 7,000 24.29 01/20/2006 Bill 5 Garb Auto Billing -01119/06 23:29 0 10.95 Am ddls� qW 14111111W CITY OF MERIDIAN Customer History - Account by Name Page: 8 Report Date(s): 01/01/2004 to 02/20/2006 Feb 07, 2006 12:42pm 15.21.1550.2 KROMMENHOEK, PAUL 2735 HIGAN ST W (Continued) Date Type Ref No Service Description Check No Source Id Usage Amount Status 01/20/2006 Bill 7 Toter Auto Billing - 01/19/06 23:29 0 2.46 01/20/2006 881 8 Tax Auto Billing - 01/19/06 23:29 0 .14 4.75 Certification History. Year Date Type Ref No Service Description Amount .00 Customer Notes: 01/31/06 - 04:51 PM — BalderaM CUSTOMER HAS NO WAY TO PAY AND THE LIST HAS ALREADY GONE TO THE WATER DEPT. SHE CANT PAY THE PAST DUE TO GET TURNED BACK ON. SHE HAS REQUESTED A PRE -TERM HEARING. 1 SENT HER TO THE CITY CLERK'S OFFICE. 10/09/03 - 08:28 AM — FROSTK ENDED, REMOVED CHECK 09/18/03 - 09:36 AM — FROSTK NEW ARRANGEMENTS TO PAY PAST DUE OF 52.18 ON 9-26-03 AND BALANCE OF SEPT AND OCT ON 10-10-03. 10/04/99 IN TO:KROMMENTHOEK FROM:BEACHWOOD BUILDERS - MK Grand Totals: Usage Amount Water 235,000 321.58 Sewer 116,813 609.41 Garbage 0 257.35 Garbage - Bidr 0 .00 Toters 0 60.09 Container Tax 0 3.41 Fire Line 0 .00 Dumpster Tax 0 .00 Ret. Ck 0 .00 Tumon Fee 0 30.00 False Alarm 0 .00 Dumpster - Misc 0 .00 Meter Rental 0 •00 Meter Tax 0 •00 Septic Dump 0 •00 Principle 0 •00 Interest 0 •00 Renter 0 •00 Reinstall Fee .0 .00 OT Inspection 0 .00 Vehicle Fee 0 .00 AFTER HRS ACTIVITIES 0 .00 tike t h l46nu tic Search MaIntenance Peril Od Hek j 10j, Y9 .14 .12 .14 Cuslome� .12 .14 custom� 12,179 of 34.462 1L1 15.21.1550.2 KROMMENHOEK, PAUL 2735 W HIGAN ST Aad Balance 104.65 .00 2735 HIGAN ST W .00 r Act Detail Balance Due: 104.65 riOn 15211550 M MERIDIAN ID 83642 LastPnk 01A 27-00- Dbft Compare Wory , Two Dqxxft Services Meters Custom 1 Lori .1 DOM 1 48.50 01t20a 12am 1imm loom wam O1I20m D 11166 1268 13.69 11.67 15.71 11.32 7- Amis Usage r:arb 70M 9000 10MO 8000 120DO 8� �, usages 22.00• 24.29 31103 25.01 25.01 25.01 26.31 10.95 10.95 10.95 11175 10.75 10.15' B oth Tom Z46 Z48 Z41 Z41 Z41 Z41 Bates: 104.65 78,19'1 51.89 1 47.69 57.73 r 45.43 CITY OF MERIDIAN ____ �Frolmarq Start % Casette Applic .. Utili 9 .. T Feb O7.2MS 12460m Ing... Casette Scree... « 12:46 Phi s Tax .14 .12 .14 .12 .12 .14 etCk 00 .00 M .00 .00 .00 r Act Detail riOn 00 M .00 .00 .00 .00 Total Charges 48.50 56.26 52-20 49.96 54.00 51133 Rey Bale 78.15 51.89 47.69 57.73 58.73 95.10 ayes 22.00• 31100- 48.00• 61100- 55.00- 1MO 00 .00 .00 .00 .00 .00 Bates: 104.65 78,19'1 51.89 1 47.69 57.73 r 45.43 CITY OF MERIDIAN ____ �Frolmarq Start % Casette Applic .. Utili 9 .. T Feb O7.2MS 12460m Ing... Casette Scree... « 12:46 Phi s JAI r3�> �.� � R? l� 1 12.179 of 34,462 15.21.1550.2 KROMMENHOEK, PAUL 2735 W HIGAN ST Account Bale 104.65 2735 HIGAN ST W Bale Due: 104.65 15211550 MERIDIAN ID 83642 Last Pffk 01103I)6 2200" Display Compare I KOry Trams Depods SeMm Meters 1 Customer 1 Location i 08/201 071Z0l05 0612[11(15 05120105 04/20105 08/2iSOV 0104 F D Water 20.76 1268 17.73 16.72 10.66 16.22 r A b Water Usage 17000 9000 14000 130M 70M 13000 r Use Sew 25.01 25.01 25.01 25.01 24.29 23.53 t: Both Garb 1(175 1(145 10.15 10.15 10.15 1Q05 Toter 241 241 241 241 241 238 Tic 12 .13 .14 .14 .14 .14 eQ Da 00 .00 .00 .00 '00 r 14 Detaa TnOn x.00 •00 •00 •00 .00 .00 Total pages 605 50.68 55.44 54.43 47.65 5232 ev Balance 108.20 57.52 5208 47.65 43.57 96.80 ayments 138.52- .00 50.00• 50.00- 43.57• 96.80• M .00 .00 .00 .00 .00 58.73 f 108.20 57.52 5208 47.65 5232 Bal&w. _._.._-MACata CITY Of MERIDIAN �_ Tue Feb 07.2006 1247pm Stan1 o Casette A plic.Utility Bili'lttlit BOg.,, Casete Sxe..«^12:47 PM PQe Main mem Eck Search Mahae Period other Help JN 4 JM J� off Cutomer: 12,179 of 34 1521.1550.2 KROMMENHOEK, PAUL 2735 W HIGAN ST Account Bice: 104.65 2735 HIGAN ST W Balance Due: 104.65 15211550 MERIDIAN ID 63642 Last Pmt 01/0311% 2200 - play Compare y Trees Deposb, S I Wers 1 Cintoter I Lori I pelma 03!20/05 02!20!05 01/201iii 12120!04 I 11!20!04 1 031 104 Display+ ata 10.34 10.34 11.32 10.34 1230 10.34 r Amarb Water Usage 7000 7000 8000 mm 9000 r. use Sewer 23.53 23.53 26.31 23.53 23.53 23.53 Garb 10.15 10.15 10.15 10.15 10.15 10.05 T Both Toter 241 241 241 241 241 238 Tax .14 .14 .14 .14 .14 .14 etCk m .00 m .00 .00 .00 i A4 Detail nOn .00 .00 .00 .00 .00 .00 Total Charges 46.57 46.57 50.33 46.57 48.53 46.44 Prev Balance 47.00 45.43 95.10 96.07 96.92 9288 ids 50.00- 45.00- 100.00- 47.54• 49.38- 50.21- .00 .00 .DO .00 .00 Bale: r 43.57 r 47.00 F 45.43 1 95.10 F 96.07 F 89.12 VM CITY OF ME6IDFeb 07, 2006 1247pm Start 0 casette Applic... Utility Billing ,.. i Utility Billing.., Casette Scree... « 12:47 PM ivi Mai mem :Ecot 5mch tommance Perms -41mi �j 1 -9 J, Ad j - 1W fik-?i Icustorrier 7-1 M 12,179 of 34.Z 15.21.1550.2 KROMMENHOEK, PAUL 2735 W HIGAN ST Accot" Balmm- 104.65 2735 HIGAN ST W Bdanos Due: 104.65 15211550 MERIDIAN ID 83642 Last Prit 011031 22.00- valft CornWe K" Tram I.DmDsts, Ste',Melers Qsdm.w I LocOm Dekq -m4 10/20/04 09lZOlQ4 X104.. ':07r < mram lomm Water 11.32 1128 16.22 11.32 1128 R36 r Amw* Water Usage sm imm 1301K1 8000 imm sm r umjes Sewer 23,53 23.53 23.53 23.53 23.53 23.53 arb 1(115 10.05 10.05 1(105 11105 1a05 0 BA Toter 240 238 238 238 238 238 Tax .14 .14 .14 .14 .14 .14 RetCk .00 .00 .00 .00 .00 .00 r- A Detail TnOn m .00 .00 .00 .00 .00 Total Charges 47.54 49.38 52.32 47.42 49.38 45.46 Rey Balance 101.70 52.32 96.BO 101.70 52.32 174.72 pwnerlts 5232- .00 913180. 52.32- .00 97.46- Adufterts .00 .00 .00 .00 .00 .00 Bahr m r 9-6.92 101.70 52.32 96.80 101.70 102 FCITY OF -MESIDM Start Casette Applic- ... jj 1 Utility Wiling.. ,. I I u S 12:47 PM Fte �nM iu Edi 'Search Maintenance Period OdW Heb [' ► �J J1T R 15.21.1550.2 KROMMENHOEK, PAUL 2735 W HIGAN ST 2735 HIGAN ST W 15211550 MERIDIAN ID 842 .. ...... Y... Cie NsWy Trams Dqmb Services Mks t Q51�/D4 04!200 03!20!04 021,+04 01!20304 abet 16.22 11.32 10.34 9.36 11.92 ater use 13000 on 7000 6000 23.53 23.53 23.53 20.75 26.31 arb . M05 10.05 10.05 tam 1005 . 238 238 238 238 238 'ax .14 .14 .14 .14 .14 etc .00 .00 .00 .00 nGn .00 .00 .00 .00 .00 Tial Dwges 5232 47.42 46.44 42.68 50.20 ev Babe 47.42 M12 9288 9288 9.9.90 a rents 47.42- 89.12- 50.20- 4268- 57.22 BaW= 523.1 , 47.42 8932 1 98-81 9288 r 93.53 I pTY OFMERIDIAN Start Casette Apptic... ` M ata Billing .. 1Utility Billing,... Tue Feb 07, 2006 12:47pn Casette Scree... « 12:47 PM He Main Mem Eck Search Mairtenam Perm Other Help Cush Custom h 1 12,179 of 34.4621 15.21.1550.2 KROMMENHOEK, PAUL 2735 W HIGAN ST A=ourt Balarxm 104.65 273.5 HIGAN ST W 245 BaWm Dui 104.65" 15211550 .14 MERIDIAN ID 83642 Last Pmt 01/03!06 22-M 1eY Compare 1 Kfty I TramI! Meters 1 Customer 1 Locatim l Dekq M .00 .00 .00 € Dray TnOn .00 12/20/03 1inm 10/20103 09!20/03 08/20/03 .00 ater 9.36 21.12 9.36 11.32 9.36 77.26 C Amourb ev Balarce 179.94 Water Usage 6000 18000 6000 8000 6000 Payrnerts �. use .00 97.46- Sewer 20.75 23.53 23.53 23.53 23.53 .00 M .00 .06 Garb 1Q05 10.05 10.05 9.92 9.92 Both Toter 238 238 238 245 245 Tax .14 .14 .14 .04 .04 etCk M .00 .00 .00 .00 r Ari. DeW TnOn .00 .00 .00 30.00 .00 Total Charges 42.68 57.22 45.46 77.26 45.30 .00 ev Balarce 179.94 12272 174.72 97.46 10236 Payrnerts 122.72- .00 97.46- .00 50.20- s 00 .00 M .00 .06 Balance: 99.90 11 122.72 1 174.72 1 97.46 1 .60 - CITY OF MERIDIAN Fhok" ; M:lC,Oata Tue Feb 07, 2006 1247pin StArt1 2 Casette APP tic Utility Bitting ... i utility Billing... ® Caselle Scree... « 12;47 PM File MahMeow Ed Search maitterwme Period ' Heb OL j Custom: g6 lCustwo /. 1 12,179 of 34 15.21.1550.2 KROMMENHOEK, PAUL 2735 W HIGAN ST Aacourt Balance: 104.65 2735 HIGAN ST W Balance Due: 104.65 15211550 MERIDIAN ID 83642 Last Rrk 01AWW 22 -00 - mm* cmwe I Kstory I Trams I sw&w I Meters Custom I Lin I DeVqI 07!20103 MMM M r&W 04/2M o: WM ,Dom► 16.22 14.26 11.32 10.34 136 r Amcurb Water Usage 130M 11000 7000 Sam r Usages 23.53 23.53 23.53 23.53 20.75 orb 9.92 9.92 9.92 9.92 9.92 t' Both Toter Z45 Z45 Z45 Z45 Z45 ` Tax .04 .04 .04 .03 .03 etCc .00 .00 M .00 .00 r Adj Detail TnOn M .00 M .00 .00 Total [urges 52-16 50.20 47.26 46.27 4251 .00 Rey Balance 50.20 93.53 88.78 4Z51 9254 Pawterts .00 93.53- 4Z51• .00 9254• s 00 .00 .00 .00 M Balance: I 10236 r 50.20 11 88.78 1 4Z51 C TY OF h�ERIDIAN -µ- unary M:VCs�ata - Tua Feb 07.2 1 Z47�n ii ;Start1 Casette Applic... Utility Billing i Utility Billing... Casella Scrae�I « 12:47 PM F&M►ahlme u ., Eck Search M*ttamm Perim Otfer Help GTY OF MERIDIAN Start ® caselle Applic r P4 Detal 1 Tue Feb 07.2006 12:47pm ;crea... VV� 12:47 PSA Toter 245 Custom: Tax Icustwo t"W79 of 34.462 15.21.155(12 KROMMENHOEK, PAUL 2735 W HIGAN ST Arm Balance: 104.65 .00 2735 HIGAN ST W Balanus Due: 104.65 .00 15211550 MERIDIAN ID 83642 Lad Pink '01 22.S Display e 1 Hstory, Trans ( Wosb W&w Meters_ 0j.domer Loon De rq .00 apwnts 38.75• .00 Dom' 00 .00 OZr&w I 01!20!03 Water 1(134 18.72 (` Amourft Water Usage 70M 0 . Usages eta arb 23.53 9.92 41.50 19.84 C Both GTY OF MERIDIAN Start ® caselle Applic r P4 Detal 1 Tue Feb 07.2006 12:47pm ;crea... VV� 12:47 PSA Toter 245 4.90 Tax 03 .06 eCk .00 .00 nOn .00 .00 Total Charges 46.27 85.02 .00 .00 .00 .00 Prev Balance 85.02 .00 apwnts 38.75• .00 kdmtnwh 00 .00 GTY OF MERIDIAN Start ® caselle Applic r P4 Detal 1 Tue Feb 07.2006 12:47pm ;crea... VV� 12:47 PSA February 3, 2006 MERIDIAN CITY COUNCIL MEETING February 7, 2006 APPLICANT ITEM NO. 9 REQUEST Request by Idaho Youth Ranch to Waive Fees for a Landscape Ordinance Variance Request AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. February 3, 2006 FMOWIM, MERIDIAN CITY COUNCIL MEETING February 7, 2006 APPLICANT Ada County ITEM NO. 10 REQUEST Request for Final Plat approval for 3 building lots and 1 common area lot on 12.01 acres in an I -L zone for Weed and Pest Control Campus Subdivisioin — south side of East Pine Avenue and west of Locust Grove 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 Previous Item Packet / Minutes See attached Staff Comments Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ADA COUNTY FOR FINAL PLAT APPROVAL OF 3 BUILDING LOTS AND 1 COMMON AREA LOT ON 12.01 ACRES IN AN I L ZONE LOCATED ON THE SOUTH SIDE OF EAST PINE AVENUE AND WEST LOCUST GROVE IN A SUBDIVISION OF A PORTION OF THE NE V4 OF THE SE % OF T. 3N., R. IE., SECTION 7 C/C February 7, 2006 CASE NO. FP -05-074 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 February 7, 2006, and the Council finding that the Administrative Review is complete from Sonya Watters, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Deparmlem dated: Hearing Date: February 7, 2006, 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. HAT: 1. The Final Plat of "PLAT SHOWING WEED AND PEST CONTROL CAMPUS SUBDIVISION IN A SUBDIVISION OF A PORTION OF THE NE V4 OF THE SE 1/40F T. 3N., R. lE., SECTION 7, BOISE MERIDIAN, MERIDIAN, ADA ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WEED AND PEST CONTROL CAMPUS SUBDIVISION / (FP -05-074) Page 1 of 4 • 0 COUNTY, IDAHO 2005, HANDWRITTEN DATE: 11/07/05, SHEET 1 OF 3, J -U -B ENGINEERS, INC.", ADA COUNTY, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Watters, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: February 7, 2005, listing 23 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 15 GENERAL REQ S, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from J U -B Engineers, Inc., a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 5 pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their February 7, 2005 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WEED AND PEST CONTROL CAMPUS SUBDIVISION / (FP -05-074) Page 2 of 4 management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature ofthe 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 ACITON AND RIGHT TO REGULATORY TAX3WGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WEED AND PEST CONTROL CAMPUS SUBDIVISION / (FP -05-074) Page 3 of 4 0 0 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 5e Lrua-rt -, 12006. -Jth day of By:d Tammyeerd `Mayo , of Meridian Attest: P William G. Berg, Jr., City Cler Copy served upon Applicant, the Plankfttg`bepartment, Public Works Department, and City Attorney. By: � G,�� al ti ��J Dated: �� " f (o -0(0 City clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WEED AND PEST CONTROL CAMPUS SUBDIVISION / (FP -05-074) Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPAR rMENTS STAFF REPORT STAFF REPORT: Hearing Date: February 7, 2006 Transmittal Date: January 27, 2006"' IDA TO: Mayor & City Council_ _ �fw FROM: Sonya Watters, Assistant City Planner Michael Cole, Development Services Coordinator C - SUBJECT: Weed and Pest Control Campus Subdivision Request for Final Plat Approval of Weed and Pest Control Campus Subdivision Consisting of 3 Building Lots and 1 Common Lot on 12.01 Acres in an I -L Zone by Ada County. (File# FP -05-074) 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, Ada County, has applied for final plat approval of Weed and Pest Control Campus Subdivision consisting of 3 building lots and 1 common lot on 12.01 acres in an I -L zone. This subdivision is located on the south side of E. Pine Avenue, approximately %4 mile west of N. Locust Grove Road., in the SE I/4 of Section 7, T.3N., R.1E.. The applicant has submitted a request for alternative compliance to Unified Development Code (UDC) 11-2C-3, which requires a 25 -foot wide landscape buffer adjacent to non -industrial uses. This requirement applies to the west property boundary which borders residentially zoned property in Ada County. The applicant proposes to install a 25 -foot wide buffer; however, would like to locate it on the east side of the driveway that runs along the western boundary of the subdivision connecting to E. Commercial Avenue instead of at the west property line as required. The Director has approved this request for the 25 -foot wide landscape buffer to be located on the east side of the driveway. The final plat submitted for this subdivision substantially complies with the approved preliminary plat. Staff recommends approval of Weed and Pest Control Campus Subdivision with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS Applicant is to meet all terms of the approved preliminary plat (PP -05-042) for this development. 2. The applicant has not indicated who will own and operate the pressurized irrigation system in this development. If it is to be maintained as a private system then a draft operations and maintenance manual will be required prior to plan approval and will be reviewed by the City of Meridian. A final operations and maintenance manual shall be required prior to signature on the plat by the City Engineer. Exhibit "A" FP -05-074 Weed and Pest Control Campus Sub FP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT If it is to be owned and maintained by an irrigation district a letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. Prior to occupancy the applicant shall submit a letter that the system has been fmaled by the irrigation district. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek 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 shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 4. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed around the perimeter of this subdivision unless permanent perimeter fencing already exists at the subdivision boundary. Sanitary sewer service to this site is being proposed from mains in E. Pine Avenue. The applicant shall coordinate main size and routing with the Public Works Department. Cover over sanitary sewer mains shall be no less than three feet from finish grade to the top of the pipe. If cover is less than three feet from the sub -grade to the top of the pipe, alternated pipe materials shall be used per the Meridian Public Work's Standard Specifications. Water service to this site will be from main line extensions from existing water mains in E. Pine Avenue. The applicant will be responsible to construct all mains necessary to serve this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 7. Public Works requires sewer and water mains be provided via our standard forms of easement instead of being dedicated on the plat. Provide a 20' easement for all public water/sewer main outside of public right of way (include all water services and hydrants). The description shall be consistent with the graphically depicted easements on the plat. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 8 1/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 8. A portion of Lot 1 Block 2 lies in a FEMA designated floodway, no buildings shall be allowed in this floodway. Reference this in a note on the plat. 9. A majority of this site lies within a FEMA categorized floodplain AE. All buildings will be subject to applicable regulations found in Section 10-6-5 of Meridian City Code. Reference the floodplain in a plat note. 10. The sum of the lot dimensions along the western boundary of this property does not match the length called out for the adjacent boundary. The applicant shall confirm this and make any corrections necessary. 11. Submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 12. A perpetual vehicular cross access easement shall be provided to all lots within the subdivision to use the one access drive location to Pine Avenue approved by ACRD. Said cross access shall be depicted on the final plat. Exhibit "A" FP -05-074 Weed and Pest Control Campus Sub FP.doc PAGE 2 • 10 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 13. All future uses on this property shall obtain conditional use approval. 14. Correct the label shown on the plat for the Five Mile Ditch easement to read "Five Mile Creek." 15. Correct the label shown on the plat for the Gruber Ditch easement to read "Gruber Lateral." 16. Depict, on the face of the final plat, a temporary turnaround easement near the western terminus of E. Commercial Avenue. 17. Depict, on the face of the final plat, a 10 -foot wide landscape buffer easement along both sides of Commercial Avenue. 18. Depict, on the face of the final plat, a 25 -foot wide landscape buffer easement along Pine Avenue. The applicant shall provide a 25 -foot wide common lot along the south side of E. Pine Avenue or if the applicant would prefer, the landscape buffer may be contained within an easement on the buildable lot. If said landscape buffer easement lies within a common lot, a Business Owners Association shall be created for ownership (and maintenance, optional) purposes. If the landscape buffer is left within a common lot, as proposed, revise note #8 to reflect the Business Owners Association as the owner and refer to the lot as a "landscape buffer easement" and a "common" lot. If the 25 -foot wide landscape buffer is provided within an easement on the adjacent buildable lot, revise note #8 to reflect said easement and to state who is responsible for maintenance. 19. Depict, on the face of the final plat, a 25 -foot wide landscape buffer easement along the east side of the driveway along the western boundary of the property. Also, include a note regarding who is responsible for maintenance of the landscaping within this easement. 20. Revise or add the following note(s) on the face of the plat dated 11/7/05, prepared by J -U -B Engineers, prior to signature on the final plat by the City Engineer: (7.) Modify note according to condition #18 above. (9.) "Direct lot access to E. Pine Avenue is restricted to the one access point that was specifically_pproved by Ada County Highway District for this development." (10.) Add a note referencing no buildings being allowed in the floodway. (11.) Add a note referencing the existence of the flood plain on this site. (12.) Add a note referencing who is responsible for maintenance of the landscape easements. 21. The landscape plan, prepared by Jensen Belts Associates and dated 8/16/05, shall be revised as follows: a. Provide a 10 -foot wide landscape buffer in compliance with UDC 11-3B-7 along both sides of E. Commercial Avenue. b. Provide a 6 -foot tall chain-link fence along the north and east boundary of the Five Mile Creek. Said fencing shall be located outside of the irrigation district's easement. C. Remove the trees shown within the sewer easement along the south-east boundary of the subdivision. Submit 3 copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer 22. Complete the Certificate of Owners and accompanying acknowledgement. 23. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve the Applicant of responsibility for compliance. Exhibit "A" FP -05-074 Weed and Pest Control Campus Sub FP.doc PAGE 3 CITY OF MERIDIAN PINING AND PUBLIC WORKS DEPA®MENTS STAFF REPORT GENERAL REQUIREMENTS All irrigation ditches, laterals or canals, exclusive of natural waterways and the Five -Mile Drain, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. 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. If lateral users association approval can't be obtained, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 7. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 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's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 10. Coordinate fire hydrant placement with the City of Meridian Public Works department. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. Exhibit "A" FP -05-074 Weed and Pest Control Campus Sub FP.doc PAGE 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 13. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 14. 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. 15. Approval of the preliminary plat shall become null and void if the applicant fails to record the final plat within two years of the approval of the preliminary plat per UDC 11-613-7A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, may be considered for final approval without resubmission for preliminary plat approval per UDC 11 -6B -7B. STAFF RECOMMENDATION Staff recommends approval of the final plat for Weed and Pest Control Campus Subdivision with the above stated comments and conditions. Exhibit "A" FP -05-074 Weed and Pest Control Campus Sub FP.doc PAGE 5 02/06/2006 13:44 FAX 208323930 0 0002/006 February 6, 2006 Sonya Watters City of Meridian 660 Watertower Lane, Suite 201 Meridian, ID 83642 Dear Sonya: J -U -B ENGINEERS, Inc. ENGINEERS - SURVEYORS - PLANNERS Regional Office 250 South Beechwood Avenue. Suits 201 Boise, ID 63709-0944 RE: Weed Et Pest Control Campus Subdivision - Final Plat 209-376-7330 Fax: 206-323-9336 www.lub.com Please accept this letter as our response to your staff report regarding the above noted project dated February 7, 2006. our response to the conditions of approval are noted below each condition. 1, Applicant is to meet all terms of the approved preliminary plat (PP -05-042) for this development. Duly noted. 2. The applicant has not Indicated who*will own and operate the pressurized irrigation system in this development. If it is to be maintained as a private system then a draft operations and maintenance manual will be required prior to plan approval and will be reviewed by the City of Meridian. A final operations and maintenance manual shall be required prior to signature on the plat by the City Engineer. If it is to be owned and maintained by an irrigation district a letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. Prior to occupancy the applicant shall submit a letter that the system has been finaled by the irrigation district. The PI system will be owned and operated by the owner, Ada County. We will submit an O&M Manual with the final plat. 3. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek 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 shall be responsible for the payment of assessments Por the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. The P1 system will have a connection to the culinary water system. The irrigable common area is approximately 10,500 sf. 4. Alt -fencing installed on the site must be. in compliance with UDC 11-3A-6 and 11-3A- 7. Temporary construction fencing to contain debris shall be installed around the perimeter of this subdivision unless permanent perimeter fencing already exists at Exhibit "B" 0) 02/06/2006 13:44 FAX 208323930 R003/008 f,J=u-B ,A 1✓ngineers Surveyors Planners Final Plat Response Weed and Pest Control Campus Subdivision February 6, 2006 Page Z the subdivision boundary. permanent perimeter fencing exists on the east and south property line. Temporary construction fencing will be installed as required. 5. Sanitary sewer service to this site is being proposed from mains in E. Pine Avenue. The applicant shall coordinate main size and routing with the*Public Works Department. Cover over sanitary sewer mains shall be no less than three feet from finish grade to the top of the pipe. If cover is less than three feet from the sub - grade to the top of the pipe, alternated pipe materials shall be used per the Meridian Public Work's Standard Specifications. The sewer routing and size have been reviewed and approved by the city. 6. Water service to this site will be from main line extensions from existing water mains in E. Pine Avenue. The applicant will be responsible to -construct all mains necessary to serve this proposed development. Subdivision. designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. The water routing and size have been reviewed and approved by the city. Easements will be provided as necessary. 7.. Public Works requires sewer and water mains be -provided via our standard forms of easement instead of being dedicated on- the plat. Provide a 20' easement for all public water/sewer main outside of public right of way (include all water services and hydrants). The description shall be consistent with the graphically depicted easements on the plat. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 8 1/2" x 11" map with bearings and'distances (marked EXHIBIT B) for review. Both exhibits must be seated, signed and dated by a Professional Land Surveyor. DO NOT RECORD. • Add a note to the plat referencing this document. The easement documents are being prepared now. S. A portion of Lot 1 Block 2 lies in a FEMA designated floodway, no buildings shall be allowed in this floodway. Reference this in a note on the plat. A note has been added to the plat. 9. A majority of this site lies within a FEMA categorized floodplain AE. All buildings will be subject.to applicable regulations found in Section 10-6-5 of Meridian City Code, Reference the floodplain in a plat note. Duly noted. 90. The sum of the lot dimensions along the western boundary of this property does not match the length called out for the adjacent boundary. The applicant shall confirm this and make -any corrections necessary. The plat has been amended. F.\ProiectManagers\GAL\10.05.058 - Ada to Meridian Industrial Park\10.05-058-AdmiMflnal plat ltr.doc Exhibit "B" 02/06/2006 13:44 FAX 20632393 0 IA 004/006 C&U•13,1 Engineers Surveyors - Planners Final Plat Response Weed and Pert Control campus Subdivision February 6, 2006 Page 3 11. Submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot Et block numbering. Make all corrections necessary to comply. Attached. 12. A perpetual vehicular cross access easement shall be provided to all lots within the subdivision to use the one access drive location to Pine Avenue approved by ACHD. Said cross access shall be depicted on the final plat. The plat has been emended accordingly, 13. All future uses on this property shall obtain conditional use approval. Duly noted. 14. Correct the label shown on the plat for the Five Mile Ditch easement to read "Five Mile Creek." Done. 15. Correct the label shown on the plat for the Gruber Ditch easement to read "Gruber Lateral." Done. 16. Depict, on the face of the final plat, a temporary turnaround easement near the western terminus of E. Commercial Avenue. The driveways to the north and south will function as a temporary turnaround. This will be noted on the plat. 17. Depict, on the face of the final plat, a 10 -foot wide landscape buffer easement along both sides of Commercial* Avenue. Done. 18. Depict, on the face of the final plat, a 25 -foot wide landscape buffer easement. along Pine Avenue. The applicant shall provide a 25 -foot wide common lot along the south side of E. Pine Avenue or if the applicant would prefer, the landscape buffer may be contained within an easement on the buildable lot. If said landscape buffer easement lies within a common tot, a Business Owners Association shall be created for ownership (and maintenance, optional) purposes. If the landscape buffer is left within a common lot, as -proposed, revise note #8 to reflect the Business Owners Association as the owner and refer to the lot as a "landscape buffer easement" and a "common" lot. If the 25 -foot wide landscape buffer is provided within an easement on the adjacent buildable lot, revise note #8 to reflect said easement and to state who is responsible for maintenance. Since the site will be owned and maintained by Ada. County we will revise the plat to put the landscaping within an easement with Ada County being responsible for maintenance. F:\ProiectManagem\GAL\10-05-058 - Ada Co Meridian Industrial Park\10-05-058•AdminVinal plat ttr.doc Exhibit "B" L4wr 02/06/2006 13'45 FAX 2023239 R005/006 1� C& U-0 ,1 Engineers Surveyors Planners Final Plat Response Weed and Pest Control Campus Subdivision February 6, 2006 Page 4 19. Depict, on the face of the final plat, a 25 -foot wide landscape buffer easement along the east side of the driveway along the western boundary of the property. Also, include a note regarding who is responsible for maintenance of the landscaping within this easement. Bone. 20, Revise or add the following note(s) on the face of the plat dated 11 /7/05,. prepared by J -U -B Engineers, prior to signature on the final plat by the City Engineer: (7) Modify note according to condition #18 above. (9) "Direct lot access to E. Pine Avenue is restricted to the one access point that was specifically approved by Ada County Highway District for this development.!' (10) Add a note referencing no buildings being allowed in the floodway. (11) Add a note referencing the existence of the flood plain on this site. (12) Add a note referencing who is responsible for maintenance of the landscape easements. The plat will be modified accordingly. 21. The landscape plan, prepared by Jensen Belts Associates and dated 8/16/05, shall. be revised as follows: a. Provide a 10 -foot wide landscape buffer in compliance with UDC 11-3B-7 along both sides of E. Commercial Avenue. b.' Provide a 6 -foot tall chain-link fence along the north and east boundary of the Five Mile Creek. Said fencing shall be located outside of the irrigation district's easement. c. Remove the trees shown within the sewer easement along the south-east boundary of the subdivision. The plan is being revised accordingly. 22. Submit 3 copies of the revised landscape plan to the Planning Department prior to signature on the final .plat by the City Engineer. Duly noted. 23. . Complete -the Certificate of Owners and accompanying acknowledgement. Done. .24. " Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve the Applicant of responsibility for compliance. Duly noted. F:\ProjectManagem\GALkiO-05.059 - Ada Co Meridian Industrial Park\10.05-05844min\final plat ltr.doc Fshibil "13" N f�� 02/06/2006 13:45 FAX 20632393 0 a 006/006 r U -B A . i_ , Engineers Surveyors planners Flnal Plat Response Weed and Pest Control Campus Subdivision February 6, 2006 Page 5 We have noted the General Requirements and have, no issue with the provisions contained therein. Please convey our acceptance of the conditions as proposed to the City Council as we do not intend to attend the hearing regarding this matter. Sincerely, J -U -B ENGINEERS, INC. Daren Fluke, AICP Project Manager F:\ProjectManagers\GAU10.05.058 - Ada Co Meridian Industrial Park\10-05-058.Adtntn\Hna1 plat ltr.doc Exhibit "B" ED February 3, 2006 FP 05-082 MERIDIAN CITY COUNCIL MEETING February 7, 2006 APPLICANT Hollybrook, LLC ITEM NO. REQUEST Final Plat approval of 53 single-family building lots and 9 common lots on 15.32 acres in an R-8 zone for Hollybrook Subdivision - 3265 North Curt Drive and 540 East Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See attached Comments NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 �7 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF HOLLYBROOK, LLC FOR FINAL PLAT APPROVAL OF 53 SINGLE-FAMILY RESIDENTIAL BUILDING LOTS AND 9 COMMON LOTS ON 15.32 ACRES IN AN R-8 ZONE LOCATED AT 3265 NORTH CURT DRIVE; A PARCEL OF LAND LYING IN THE SW % OF T. 4N., R. 1E., SECTION 31 CIC February 7, 2006 CASE NO. FP -05-082 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 February 7, 2006, and the Council finding that the Administrative Review is complete from Sonya Watters, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: February 7, 2006, 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 HOLLYBROOK SUBDIVISION NO. 1 A PARCEL OF LAND LYING IN THE SW V4 OF T. 4N., R III, SECTION 31, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HOLLYBROOK SUBDIVISION NO. 1/ (FP -05-082) Page 1 of 4 • 0 HANDWRITTEN DATE: 11/30/05, SHEET 1 OF 4, LAND SOLUTIONS", HOLLYBROOK, 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 Sonya Watters, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: February 7, 2006, listing 19 SrM SPECIFIC REQUIREMENTSMINAL PLAT and 14 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 form Erickson -Civil, Inc., a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein, and the response letter from the Meridian Fire Department , a true and correct copy of which is attached hereto marked Exhibit "C" and consisting of 1 page, and by this reference incorporated herein, and the response letter from Nampa & Meridian Irrigation District, a true and correct copy of which is attached hereto marked Exhibit "D" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements from the aeon of the Council taken at their February 7, 2006 meeting as follows, to -wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HOLLYBROOK SUBDIVISION NO. 1/ (FP -05 -op Page 2 of 4 this proposal for central sewage and central water, that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water, that run-off is not to create a mosquito breeding problem, and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality, that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface waxer degradation. Manuals for guidance: State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook .Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature ofthe City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer, and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City ORDER OF CONDITIONAL. APPROVAL OF FINAL PLAT FOR HOLLYBROOK SUBDIVISION NO. 1/ (FP -05-082) Page 3 of 4 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. B action ofthe Ci Council at its r --1111 Y City regular meeting held on the I 2006. a eerd �. ity of Meridian day of Attest: _ eG - Wilhin G. Berg, Jr., City Cl&k Copy served uponApplicant,the Planningmm\ a`e nt, Public Works Department, and City Attorney. By: S t, 01) o Dahl: 012 - /6 fo City Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HOLLYBROOK SUBDIVISION NO. 1/ (FP -05-082) Page 4 of 4 6�71 0 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: TO: FROM: SUBJECT: We have reviewed this These conditions shall Meridian City Council: f_rrr r)F' Hearing Date: February 7, 2006 - Transmittal Date: January 31, 2006 w Mayor & City Council Sonya Watters, Assistant City Planner ' Michael Cole, Development Services Coordinator C- Hollybrook Subdivision Request for Final Plat Approval of Hollybrook Subdivision Consisting of 53 Single-family Residential Building Lots and 9 Common/other Lot on 15.32 Acres in an R-8 Zone by Hollybrook, LLC. (File# FP -05-082) submittal and offer the following comments and conditions of the applicant. )e considered in full, unless expressly modified or deleted by motion of the APPLICATION SUMMARY & LOCATION The applicant, Hollybrook, LLC, has applied for final plat approval of Hollybrook Subdivision which consists of 53 single-family residential building lots and 9 common/other lots on 15.32 acres in an R-8 zone. The gross density for this subdivision is 3.46 dwelling units per acre. The net density for this subdivision is 4.72 dwelling units per acre. Hollybrook Subdivision is a subdivision of a previously un -platted parcels of land located in a portion of the SW 1/4 of Section 31, TAN, R.IE. The property is located on the north side of E. Ustick Road, approximately 1/3 mile east of N. Meridian Road. A conditional use permit/planned development was approved for this subdivision that allowed for reductions to the minimum development standards required for street frontage (min. 55 feet) and lot size (min. 4,428 s.f.) for Lots 2-13, Block 4. The front setback to living area was reduced to 15 feet for all lots within the subdivision; a minimum of 20 feet is required between garages and the back of sidewalks. The final plat submitted for this subdivision substantially complies with the approved preliminary plat. Staff recommends approval of Hollybrook Subdivision with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of the approved annexation and zoning (AZ -05-026), development agreement (Inst. #105195857), conditional use permit (CUP -05-033), and preliminary plat (PP - 05 -025). 2. The applicant has not indicated who will own the pressurized irrigations system in this proposed development. If it is to be owned and operated by an Irrigation District then a letter of plan approval shall be submitted prior to the scheduling of a pre -construction meeting. If it is to be owned and operated as a private system then plans and specifications shall be reviewed by the Public Works Department as part of the construction plan review. A draft Exhibit "A" FP -05-082 Hollybrook Sub FP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT operations and maintenance manual shall be submitted prior to plan approval with the final draft being submitted prior to signature on the final plat. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek 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 shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 4. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. The applicant will be responsible for all costs 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 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 irrigation. 6. The applicant shall install all sewer mains necessary to serve this development. The applicant shall coordinate main size and routing with the Public Works Department. Cover over sanitary sewer mains shall be no less than three feet from finish grade to the top of the pipe. If cover is less than three feet from the sub -grade to the top of the pipe, alternated pipe materials shall be used per the Meridian Public Work's Standard Specifications. The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 8. Include the instrument number for the Settlers Irrigation Easement shown on the plat. 9. Include the bearing and distance for the western property line of Lot 8, Block 8. 10. The bearings along the subdivision boundary lines do not appear to meet the bearings of record. The applicant shall confirm this information and include bearings of record on the plat. 11. Dedicate additional public utilities, drainage and irrigation easements adjacent to the street right- of-way where the sidewalk is not located in the right-of-way. The utility companies need a 10 - foot free and clear easement past the sidewalk. 12. Revise the domestic water service origin statement in the certificate of owners to reference the City of Meridian instead of United Water. 13. The applicant shall be responsible for the payment of assessments and the actual hook up to municipal services for the existing house. 14. Remove all buildings that do not meet setbacks or the zoning ordinance, prior to signature on the final plat by the City Engineer. 15. No parking is allowed in front of Lots 8 & 9, Block 6 per the requirement of the Meridian Fire Department. Comply with the Meridian Fire Department's requirements for any signage and/or curb -painting adjacent to Lots 8 & 9, Block 6. Exhibit "A" FP -05-082 Hollybrook Sub FP.doc PAGE 2 • • CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 16. The micropath on Lot 17, Block 8 shall be designed and constructed in accordance with UDC 11- 36-12. 17. The landscape plan, prepared by Jensen Belts Associates, and dated 11/30/05, shall be revised as follows: a. Include the tree class in the plant schedule for all trees shown. b. Depict and construct a 10 -foot wide gravel shoulder on Ustick Road abutting the site, with the remaining portion of the right-of-way landscaped with lawn or other vegetative groundcover. (Landscaping improvements within the right-of-way require a license agreement between the property owner and the ACHD.) Submit 3 copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. 18. Revise or add the following note(s) on the face of the plat dated 11/30/05, prepared by Land Solutions, prior to signature on the final plat by the City Engineer: (10.) Include instrument number. (12.) " ...modified building setbacks per CUP -05-033 as s:..." (delete specific setback information) 18. Complete the Certificate of Owners and accon'ipanying acknowledgement. 19. Staff's failure to cite specific ordinance provisions or terms of the approved development agreement, conditional use permit, or preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. 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. If lateral users association approval can't be obtained, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, 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. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape Exhibit "A" FP -05-082 Hollybrook Sub FP.doc PAGE 3 CITY OF MERIDIAN PL•NING AND PUBLIC WORKS DEPA• ENTS STAFF REPORT 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 per Resolution 02-374. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-14 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 9. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 10. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 11. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 12. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 13. One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 14. Approval of the preliminary plat shall become null and void if the applicant fails to record the final plat within two years of the approval of the preliminary plat per UDC 11 -6B -7A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, may be considered for final approval without resubmission for preliminary plat approval per UDC 11 -6B -7B. STAFF RECOMMENDATION Staff recommends approval of the final plat for Hollybrook Subdivision (FP -05-082) with the above stated comments and conditions. Exhibit "A" FP -05-082 Hollybrook Sub FP.doc PAGE 4 February 6, 2006 Sonya Watters Fax: 208.888.6854 City of Meridian Planning & Zoning Pages: 6 660 E. Watertower Suite 200 Meridian, Idaho 83642 RE: Hollybrook Subdivision Final Plat — Response to Staff Report Dear Sonya, Please find this letter in response to your staff report for Hollybrook Subdivision, which is scheduled for a Final Plat Hearing on February 7, 2006. We have reviewed the staff report and agree to the conditions of approval with exception of Site Specific Item 17.b. This condition states that a 10 -foot wide gravel shoulder is to be constructed along Ustick Road abutting the site. We are proposing a 6 -foot gravel shoulder along the Ustick Road frontage with a grass storrtalater letention area between the edge of shoulder and the detached The ariea af the *Jft-O'my betvneen the edge-Of-Shoukc er and the northerly right-of- way boundary of Ustick Road will be planted with grass as part of the project's landscape work (See k_andsta l)e Plan). We have received approval from ACHD for this design and they are in the process of drafting the sidewalk easements and landscape license agreements for the proposed improvements. Please include this change with the Final Plat decision scheduled for February 7, 2006. Please contact me at X867.3954 ff you should have any questions or require any additional information. Sincerely, Project No. Cc. Attch: ACHD Plan Acceptance Letter Exhibit "B" e Jn 27 06 03:00p ■ all ■■lay , r;,.v•Ic� �� MAYr,1R Tammy do Weerd CrTY CouNcu- MrclvtnF.rs Koith Bird )o:r1111 W. IS0I1011 ChArIes M, Rountree Shaun Wardle: CITY DEVA TiVILN't:S Ci;), Attorney/HR 703 Miii,t 5lrL4_-t 598.5506 (City Attorney) 6118-r,503 (Mil) Faa 884-8723 Firo .S40 L. Franklin haad 8M-12.14 / fax 595-0390 Park -s & Pccreation 11 W. Howcr 5trccl 889-3579 / fox 8�1 t 5501 l'l:rnrrinl:; C60 U. WatertowerLane Suit(: 202 8S4-5533 / fax 888-6844 Pu l i ve 1401 E. 1ti';,tertowLi• Lane. 8'88.6678 / fox 946-7,166 1'111d4: Warks 660 E. 1Nalertower Linc 5ni U: 200 S98-5500 / fax 895-9551 Iluildint, 660 E. WaIONOvor•r 1.:,no tiuiW 1.50 887.2211 / (;ix 8,67-1297 3.101 N.'rcn Mile Kozid 8,"-2i9l / fax 9£4-0744 Water 2235 N.W. Sth Strut MS -5242 / (ax 854.1159 • i P. TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by Me Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Planning Department, by: January 31, 2006 Transmittal Date: January 13, 2006 File No.: FP 05-082 Hearing Date: February 7, 2006 Request: Final Plat approval of 53 single-family residential building lots and 9 common lots on 15.32 acres in a R-8 zone for Hollybrook Subdivision By: Hollybrook, LLC Location of Property or Project: 3265 North Curt Drive and 540 East Ustick Drive David Zaremba (no FP) David Moe (no FP) Wendy Newton-Huckabay (No FP) Michael Rohm (No FP) Keith Borup (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Christine Donnell, C/C Keith Bird, C/C Shaun Wardle, C/C Water Department Sewer Department Sanitary SerYices(No VAR, VAC. FP) ullding Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department Your Concise Remarks: Meridian School District (NPFP) Meridian Post Office(FPPP onty) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (rp,pp,cup) Qwest (FPIPP only) Intermountain Gas (FPrpnor,ly) Bureau of Reclamation (FP/PP only) Idaho Transportation Dept. (No Pp) Ada County Ass. Land Records Meridian Development Corp. Historical Preservation Comm. TSECEIV .U.; JAN 1 ,; 2005 [VIERIDIAN F=IRE DEPr",RTN.ENT CITY HALL 33 I AS'1") 19AJ(o Avr-NUri Mr-RIDIAN, IDA) -10 83642 (2()8) 888-44;3 CITY CI.FrK- PAX RKK-4716 FINANCE. & uTn.r't'Y 11ILLING -FAX BR7-w3 MAYOR'S QFFICC- r/%X Rpt -Fa 1V Printed uti Myded paper Exhibit "C" M 0 ! 2 February 2006 Planning Department City of Meridian tion L.. �xr.,_} . n 660, 1. Y incl oV k it 1 ,tue Butte 202 Meridian, ID 83642 RE: FP 05-082/Hollybrook Subdivision Dear Anna: 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463.0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 If all storm drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required. However, if any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires that a Land Use Change Application is filed for review prior to final platting. Please contact Donna Moore at 466-7861 for further information. All laterals and waste ways must be protected. The developer must comply with Idaho Code 31- 3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. ALL WORK WITHIN NAMPA & MERIDIAN IRRIGATION DISTRICT FACILITIES MUST BE COMPLETED BY MARCH 15, 2006. Sincerely, 96 10�7� Bill Hen on Asst. Water Superintendent Nampa & Meridian Irrigation District BH/dbg C: Crew Foreman File - Office/Shop Exhibit "ID" APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS 23,000 BOISE PROJECT RIGHTS 40,000 February 3, 2006 FP 06-001 MERIDIAN CITY COUNCIL MEETING February 7, 2006 APPLICANT Dyver Development, LLC ITEM NO. 12 REQUEST Final Plat approval of 81 single-family residential building lots and 13 common lots on 29.13 acres in an R-4 zone for Tustin Subdivision No. 1 - northwest comer of McMillan Road and North Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comments CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See attached Comments NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. r� U n BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF DYVER DEVELOPMENT, LLC FOR FINAL PLAT APPROVAL OF 81 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 13 COMMON LOTS ON 29.13 ACRES IN AN R-4 ZONE LOCATED ON THE NORTHWEST CORNER OF MCMIi LAN ROAD AND NORTH LOCUST GROVE ROAD IN A RESUBDIVISION OF A PORTION OF LOTS 13 & 14, BLOCK 2 OF LARKWOOD SUBDIVISION, LOCATED IN THE SE V4 OF T. 4N., R. 1E., SECTION 30 C/C February 7, 2006 CASE NO. FP -06-001 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 February 7, 2006, and the Council finding that the Administrative Review is complete from Sonya Watters, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: February 7, 2006, 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 TUSTIN SUBDIVISION NO. 1 IN A RESUBDIVISION OF A PORTION OF LOTS 13 & 14, BLOCK 2 OF ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TUSTIN SUBDIVISION NO. 1 / (FP -06 -MI) Page 1 of 4 LARKWOOD SUBDIVISION, LOCATED IN THE SE 1/40F T. 4N., R 1E., SECTION 30, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: 01/05/06, SHEET 1 OF 4, ENGINEERING NORTHWEST, LLC", DYVER DEVELOPMENT, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Watters, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: February 7, 2006 , listing 22 SITE SPECIFIC REQ SNWAL PLAT and 14 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from Dave McKinnon, a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 2 pages, and by this reference incorporated herein, and the additional requirements of from the action of the Council taken at their February 7, 2006 meeting as follows, to -wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water, that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water, that run-off is not to create a mosquito breeding problem, and it is suggested that the stormwater be pretreated through a grassy swale prior to ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TUSTIN SUBDIVISION NO. 1 / (FP-06-Wl) Page 2 of 4 discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature ofthe 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 TANJ NGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TUSTIN SUBDIVISION NO. 1 / (FP -06-001) Page 3 of 4 C� Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days atter 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 1t11 day of Fc- 10vu Q ✓:1 , 2006. By: y de eer ,``�INIIOIrr C7=�y19r, rty o eridian Attest: °`° : U ju,xcu� I e = William G. Berg, Jr., City Clerk �G Copy served upon Applicant, thePlanning'c'� lnt, Public Works Department, and City Attorney. ���hrrrrrr tttiNt����` By: c �' `J1 �'1. , t i Dated: 62 -16 -V(o City Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FATAL PLAT FOR TUSTIN SUBDIVISION NO. I/ (FP -06-001) Page 4 of 4 CITY OF MERIDIAN PLONING AND PUBLIC WORKS DEPAIRIENTS STAFF REPORT M M d �iyr STAFF REPORT: Hearing Date: February 7, 2006 :w Transmittal Date: January 31, 2006 NZ46 IDAHO TO: Mayor & City Council yew .zs FROM: Sonya Watters, Assistant City Planner Michael Cole, Development Services Coordinator M G SUBJECT: Tustin Subdivision No. 1 Request for Final Plat Approval of Tustin Subdivision No. 1 Consisting of 81 Single-family Residential Building Lots and 13 Common/other Lot on 29.13 Acres in an R-4 Zone by Dyver Development, LLC (File#FP-06-001) 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, Dyver Development, LLC, has applied for final plat approval of the first phase of Tustin Subdivision which consists of 81 single-family residential building lots and 13 common/other lot on 29.13 acres in an R-4 zone. The gross density of this phase of the development is 2.78 dwelling units per acre. The net density is 3.53 dwelling units per acre. Tustin Subdivision is a re -subdivision of a portion of Lots 13 & 14, Block 2 of Larkwood Subdivision located in the SE 1/4 of Section 30, TAN., R.IE. The site is located just off the northwest corner of N. Locust Grove Road and E. McMillan Road. Site specific condition #13 of the preliminary plat requires the applicant to record a permanent pedestrian easement in favor of the City of Meridian for the regional pathway prior to occupancy of any structures within the phase. Staff has slightly modified this condition (see site specific requirement #18) to read that the applicant shall record the easement prior to issuance of building permits for any lots within this phase. This change is being made because enforcement of this condition has been found to work better at the building permit stage, rather than occupancy stage. The final plat for this subdivision substantially complies with the approved preliminary plat. Staff recommends approval of Tustin Subdivision No. 1 with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS Applicant is to meet all terms of the previously approved annexation (AZ -05-002) and preliminary plat (PP -05-003). 2. The first fifty homes in this phase are allowed to be built with only one point of access. Prior to issuance of the 51" building permit, a secondary emergency access approved by the Meridian Fire Department shall be provided. Exhibit "A" FP -06-001 Tustin Subl FP.doc PAGE 1 CITY OF MERIDIAN PLONING AND PUBLIC WORKS DEPAPMENTS STAFF REPORT 3. The applicant has indicated that Settlers Irrigation District will own the pressurized irrigations system in this proposed development. Since it is to be owned and operated by an Irrigation District then a license agreement shall be entered into prior to the scheduling of a pre - construction meeting. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek 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 shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 5. All fencing installed on the site shall comply with UDC 11-3A-6 and 11-3A-7. Prior to issuance of building permits for this phase, temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. 6. The applicant shall be responsible for all costs 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 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 irrigation. 7. Sewer is being proposed via extension of the North Slough Trunk that is already installed through this project. The applicant shall install sewer mains to and through this development. The applicant shall coordinate main size and routing with the Public Works Department. Cover over sanitary sewer mains shall be no less than three feet from finish grade to the top of the pipe. If cover is less than three feet from the sub -grade to the top of the pipe, alternated pipe materials shall be used per the Meridian Public Work's Standard Specifications. 8. Graphically depict and call out the instrument number of the sanity sewer easement in Lot 9 Block 6, and Lot 1 Block 4. Water is being proposed via extension of mains in N. Locust Grove Road. The applicant will be responsible to construct water mains to and through this development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 10. Locust Grove Road is acts as a pressure zone boundary for the City of Meridian's water system. The west side of Locust Grove is in a different zone and therefore a Pressure Reducing Vault is required to serve this site. The applicant shall be responsible to install a pressure reducing vault, size and location to be determined by the Public Works Department. It shall include communication capabilities consistent with the City of Meridian's SCADA system. 11. Include the CP&F instrument numbers for the section corner common to sections 29, 30, 31, and 32, and the NW '/a corner of the SW '/a of section 29. 12. The front page of the plat indicates that Larkwood Subdivision borders the southern boundary of this development. The applicant shall confirm that this is accurate and if not remove that particular reference to Larkwood Subdivision. 13. Graphically depict a 20 -foot wide special street side setback on all lots that contain the proposed seepage beds. The setback is needed to comply with Idaho Department of Environmental Quality, Catalog of Best Management Practices that requires 20 -feet of separation between underground Exhibit "A" FP -06-001 Tustin Subl FP.doc PAGE 2 CITY OF MERIDIAN PANINING AND PUBLIC WORKS DEPAWENTS STAFF REPORT storm drainage facilities and building foundations. A note on the plat shall be added that references this information. If the seepage beds can be designed to allow for 20 -feet of separation using the proposed 15 -foot setback to living space the special street setback could be waived. 14. The applicant shall be responsible for the payment of assessments and the actual hook up to municipal services for the existing house. 15. Remove all buildings that do not meet setbacks or the zoning ordinance prior to signature on the final plat by the City Engineer. 16. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 17. A sidewalk easement in favor of Ada County Highway District is required for the sidewalk located outside of the right-of-way and within the street buffer along S. Locust Grove Road; revise plat accordingly. 18. A permanent public pedestrian easement, in favor of the City of Meridian, shall be recorded for the regional pathway contained in Lot 15, Block 2 of this phase of Tustin Subdivision. The public easement shall be recorded for the pathway prior to issuance of building permits for any structure within this phase. Submit a copy of the recorded easement to the Planning Department and Parks Department. The easement shall be sufficient width to cover the 10 -foot wide pathway. The hard surfaced pathway shall be constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any building within this phase of the subdivision. Applicant shall work with the City Parks Dept. and conform to the Park's Dept. standards for construction of the pathway. The Homeowner's Association is responsible for maintenance of all landscaping adjacent to the pathway. 19. The landscape plan, prepared by The Land Group and dated 12/13/05, shall be revised as follows: a. The plan does not appear to scale out correctly; revise plan accordingly. b. A micropath in required through Lot 13, Block 2 and Lot 9, Block 6 for pedestrian connection to the multi -use pathway. Micropaths shall be constructed in accordance with UDC 11-3A-8. C. Show the 10 -foot wide hard -surface pathway located on Lot 15, Block 2. d. A six-foot open vision fence or four -foot solid fence is required adjacent to the North Slough pathway on Lots 10-14, Block 6 and Lots 12 and 14-20, Block 2. e. A six-foot solid cedar fence is not allowed around the common area in Block 4. Revise the plat to show either a six-foot tall open vision fence or four -foot tall solid material. f. Include details for all proposed fencing shown on the plan (picture & description). g. If the unimproved street right-of-way is ten feet (10') or greater from edge of pavement to edge of sidewalk or property line, developer shall maintain a 10 -foot wide compacted gravel shoulder meeting the construction standards of the Transportation Authority and landscape the remainder with lawn or other vegetative groundcover. (Landscaping improvements within the right-of-way shall require a license agreement between the property owner and the Transportation Authority.) h. Relocate the trees shown on Lot 9, Block 6 and Lot 1, Block 4 that are within the 20 -foot wide sewer easement. i. Include the tree class in the plant schedule for all trees shown. Exhibit "A" FP -06-001 Tustin Subl FP.doc PAGE 3 CITY OF MERIDIAN PLONING AND PUBLIC WORKS DEPAWENTS STAFF REPORT Submit 3 copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. 20. Revise or add the following note(s) on the face of the plat dated 1/5/06, prepared by Engineering Northwest, LLC, prior to signature on the final plat by the City Engineer: (1.) "...public right-of-way line halve a ten..." (2.) "..-five (5) foot wide public utility property drainage ..." (3.) "...(10) foot wide public utility_ property drainage..." (8.) "...shall be in compliance with Title 11 8-�a� i4e42- of the Meridian City Code, (10.) "...is prohibited tmiess s„eei�. lly a4lowed y the ,►a G S Highway ,� r CitJ of Ale" (12.) Delete note (fencing details not applicable to plat) (15.) Include instrument number. 21. Complete the Certificate of Owners and accompanying acknowledgement. 22. Staff's failure to cite specific ordinance provisions or terms of the approved annexation or preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. 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. If lateral users association approval can't be obtained, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, 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. 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 per Resolution 02-374. Exhibit "A" FP -06-001 Tustin Subl FP.doc PAGE 4 CITY OF MERIDIAN PLONING AND PUBLIC WORKS DEPAENTS STAFF REPORT 7. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-14 and 94-8. Wells may be used for non-domestic purposes such as landscape irrigation. 8. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 9. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 10. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 11. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 12. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 13. Approval of the preliminary plat shall become null and void if the applicant fails to record the final plat within two years of the approval of the preliminary plat per UDC 11 -6B -7A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, may be considered for final approval without resubmission for preliminary plat approval per UDC 11 -6B -7B. 14. One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. STAFF RECOMMENDATION Staff recommends approval of the final plat for Tustin Subdivision No. 1 (FP -06-001) with the above - stated comments and conditions. Exhibit "A" FP -06-001 Tustin Subl FP.doc PAGE 5 . • Page 1 of 1 Mike Cole From: Dave McKinnon fdmddnnon@congergroup.com] Sent: Tuesday, February 07, 2006 4:02 PM To: Len Grady; Mike Cole Subject: FW: Tustin Sub No.1 From: Dave McKnnon Sent: Tuesday, February 07, 2006 3:09 PM To: 'gradyl@meridiancity.org' Subject- Tustin Sub No.1 Len, RZO,% 5001 L 0 83 Thanks for meeting with me today to discuss the PRV needed for the Tustin Sub No.1 Final Plat. We agree, per our conversation today, to pay the ttrst $18,900 towards the PRV, and that if the costs exceed that number the City will pay the remainder of the cost of the PRV. Again thanks for your time and lets push this sub on though tonight without discussion. Dave 2/7/2006 Exhibit "B" LJ DATE: February 6, 2006 ATTN: Mayor and City Council, City of Meridian RE: Tustin Subdivision No. 1 Final Plat Staff Report Dear Mayor and Council, We have reviewed the staff report for Tustin Subdivision No. 1 and are in agreement with the recommendation and the "Site Specific Requirements". However, we would like to clarify one of the recommendations as follows: Page 2, requirement No. 10 requires the installation of a "pressure reduction vault" (PRV) to stitch together two separate water pressure zones that come together on this piece of property. The PRV was not required as a part of the preliminary plat approval and was not included in the construction drawings (or budget) prepared for this subdivision. We are happy to install the concrete vault but we would like to see the City install the internal parts of the vault connecting the two pressure zones. The construction of the PRV will effectively loop the City's water system and we would like to work cooperatively with the City to loop the system. We hope that this is agreeable to the City, and we look forward to meeting with you soon. If you have any questions please contact me at 353-2515 or via e-mail at dmckinnon a conger.izroup.com. Sincerely, Dave McKinnon CMG Exhibit ,.B,. February 3, 2006 FP 05-076 MERIDIAN CITY COUNCIL MEETING February 7, 2006 APPLICANT Briggs Engineering, Inc. ITEM NO. 13 REQUEST Request for Final Plat approval of 310 residential building lots and 49 common lots on 88.09 acres in an R-8 zone for Messina Meadows Subdivision No. 1 - west of Eagle Road and north of Amity Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT. CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See email from Trent Nieffenegger Contacted: Emailed: Date: COMMENTS See previous Item Packet / Minutes See attached Staff Comments Staff Initials: Phone: Materials presented at public meetings shall become properly of the City of Meridian. 0 0 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF BRIGGS ENGINEERING, INC. FOR FINAL PLAT APPROVAL OF 310 RESIDENTIAL BUILDING LOTS AND 49 COMMON LOTS ON 88.09 ACRES IN AN R-8 ZONE LOCATED WEST OF EAGLE ROAD AND NORTH OF AMITY ROAD IN A RESUBDIVISION OF LOT 2, BLOCK 11, MESSINA HILLS SUBDIVISION NO.2 AND A PORTION OF THE SOUTH % OF T. 3N., R. 1E., SECTION 29 CIC February 7, 2006 CASE NO. FP -05-076 ORDER OF CONDITTONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on February 7, 2006, and the Council finding that the Administrative Review is complete from Sonya Watters, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the public Works Department, dated: Hearing Date: February 7, 2006, 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: The Final Plat of` PLAT SHOWING MESSINAMEADOWS SUBDIVLSIONNO. I IN A RESUBDIVISION OF LOT 2, BLOCK 11, MESSING HILLS SUBDIVISION NO. 2 AND A PORTION OF THE SOUTH V2 OF T. 3N., R. IE., SECTION 29, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MESSINA MEADOWS SUBDIVISION NO. 1 / (FP -05-076) Page 1 of 4 0 BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: 12/06/05, SHEET 1 OF 8, BRIGGS ENGINEERING, INC.", TUSCANY DEVELOPMENT, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Watters, Assistant City Plainer for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: February 7, 2006, listing 36 SITE SPECIFIC REQUIREMENTS& NAL PLAT and 13GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 6 pages, and by this reference incorporated herein, and the response letter from Briggs Engineering, Inc., a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 2 pages, and by this reference incorporated herein, and the response letter from Nampa & Meridian Irrigation District, a true and correct copy of which is attached hereto marked Exhibit "C" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their February 7, 2006 hearing as follows, to -wit: 1.1 Adopt the Recommendation of the Cenral 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MESSINA MEADOWS SUBDIVISION NO. 1 / (FP -05-076) Page 2 of 4 • approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water, that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality, that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of EnvirOnmenW 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 ofthe City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: The Plat dimensions are approved by the City Engineer, and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGUI ATORY TAI31NGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 674003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MESSINA MEADOWS SUBDIVISION NO. 1 / (FP -05-076) Page 3 of 4 0 • Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 1-t" day of FC -6 r—ua tx1 2006. G. Berg, Jr., City Clerk Copy served upon Applicant, the City Attorney. City Clerk's Office By. �e�e. 3�Iayor, i f Meridian &kk Y— V' T:, �v D P16gni apartment, Public Works Department, and Dated: Q 2. -1L- --V (o ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MESSINA MEADOWS SUBDMSION NO. 1 / (FP -05-076) Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: Hearing Date: February 7, 20066 hJ� Transmittal Date: February 3, 2006- IDAHO r TO: Mayor & City Council FROM: Sonya Watters, Assistant City Planner Michael Cole, Development Services Coordinator C SUBJECT: Messina Meadows Subdivision No. 1 Request for Final Plat Approval of Messina Meadows Subdivision Consisting of 310 Single-family Residential Building Lots and 49 Common/Other Lots on 88.09 Acres in an R-8 Zone by Tuscany Development (File# FP -05-076) 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, Tuscany Development, has applied for final plat approval of the first phase of Messina Meadows Subdivision consisting of 310 single-family residential building lots and 49 common/other lots on 88.09 acres in an R-8 zone. The gross density for this subdivision is 3.58 dwelling units per acre. The net density is 5.04 dwelling units per acre. Messina Meadows Subdivision is a resubdivision of Lot 2, Block 11, Messina Hills Subdivision No. 2 and a portion of the south %Z of Section 29, T.3N., R.IE. The site is located northwest of the S. Eagle Road and E. Amity Road intersection. A conditional use permit/planned development was approved for this subdivision that allowed for reductions to the minimum development standards required for the following: street frontage (min. 40 feet for non cul-de-sac lots), lot size (min. 3,600 s.f.), rear setback for side entry garages (5 feet), interior side setback (5 feet with no additional setback per story), and street side setback (15 feet). Blocks 4 and 5 were approved with a 5 foot setback from the parkway and a 20 foot setback from the private streets. The final plat submitted for this phase depicts 15 lots fewer than were approved on the preliminary plat; however, the proposed density is within the range of a medium density development, as depicted on the Comprehensive Plan Future Land Use Map. Even with the change in density, staff believes that the proposed final plat substantially complies with the approved preliminary plat. Staff recommends approval of Messina Meadows Subdivision No. 1 with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of the approved annexation (AZ -05-017), development agreement, preliminary plat (PP -05-019), and conditional use permit (CUP -05-026) for this development. The applicant has indicated Nampa and Meridian Irrigation District will own the pressurized irrigations system in this proposed development. Since it is to be owned and operated by an Exhibit "A" FP -05-076 Messina Meadows Subdivisionl FP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPAR'T'MENTS STAFF REPORT Irrigation District then a license agreement shall be entered into prior to the scheduling of a pre - construction meeting. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek 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 shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 4. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Perimeter fencing to contain debris during construction shall be installed around the boundary of the subdivision prior to release of building permits for this phase. 5. The applicant will be responsible for all costs 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 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 irrigation. 6. Sanitary sewer service to this site is being proposed from existing stubs in the Tuscany Development to the north. The applicant shall install mains to and through this proposed development. The applicant shall coordinate main size and routing with the Public Works Department. Cover over sanitary sewer mains shall be no less than three feet from finish grade to the top of the pipe. If cover is less than three feet from the sub -grade to the top of the pipe, alternated pipe materials shall be used per the Meridian Public Work's Standard Specifications. 7. No water valves or sewer manholes shall be allowed in the landscape islands associated with the roundabouts or cul-de-sacs. If any mains are extended through them a City of Meridian utility easement shall be dedicated on them, and they shall be free of any mature landscaping or other fixed vertical object. Water service to this site will be from main line extensions from existing water mains in the Tuscany development from the north. The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 9. The applicant's engineer/surveyor shall submit a stamped signed statement that certifies no lots within this plat are encumbered by the flood plain associated with Ten -Mile Creek. 10. Due to relatively high existing groundwater levels, applicant shall submit a Master Grading and Drainage plan as part of the development plans to be submitted with each phase of this development. The Master Grading and Drainage plan shall include at a minimum the following: a. Groundwater contours for this development at peak seasonal high depth. b. Finish floor elevation for all houses in this development. C. Elevation of crawl space for all houses in this development. d. Finish grade elevation at each lot corner. e. Drainage flow patterns on all lots Applicant shall maintain a minimum of five ground water monitoring wells in project, at locations approved by the Public Works Department. Applicant shall continue monthly ground Exhibit "A" FP -05-076 Messina Meadows Subdivisionl FP.doc PAGE 2 CITY OF MERIDIAN PLONING AND PUBLIC WORKS DEPAR*ENTS STAFF REPORT water monitoring for two years after final approval of each phase and provide information to the Public Works Department. The Master Grading and Drainage Plan must be approved by the Public Works Department prior to overall plan approval. Builders must provide finish floor and crawl space elevation certification for each house prior to issuance of certificate of occupancy. 11. Remove all buildings that do not meet setbacks or the zoning ordinance prior to signature on the final plat by the City Engineer. 12. As part of the development agreement for this property, the applicant is required to connect S. Burgo Avenue to the north. Prior to signature on the final plat by the City Engineer, revise plat to include the portion of right-of-way needed to connect Burgo Avenue to the north, or include the warranty deed instrument number of the portion of land that was dedicated to ACRD. 13. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 14. Lot 15, Block 1 shall be removed from the plat and Lots 12-14 and 16, Block 1 shall be reconfigured as flag lots to meet the minimum street frontage required of 10 feet per UDC 11 -2A - 3B.4. A common drive easement, building setbacks, and orientation of the structures on lots taking access to the common driveway shall be noted and graphically depicted on the face of the plat. Said common driveway shall be constructed in accordance with the standards of UDC 11- 6C -3D. 15. Lot 6, Block 4 shall be removed from the plat and Lots 5 and 7-10, Block 4 shall be reconfigured to meet the minimum street frontage requirements of UDC 11 -2A -3B.4. A common drive easement, building setbacks, and orientation of the structures on lots taking access to the common driveway shall be noted and graphically depicted on the face of the plat. Said common driveway shall be constructed in accordance with the standards of UDC 11 -6C -3D. 16. Revise the plat to include lengths and bearings of all streets. 17. All private streets shown on the plat shall be a minimum width of 24 feet of improved driveable surface as agreed upon by the letter on file dated May 25, 2005 and per UDC 11-3F-4B.2b.; revise plat and street design accordingly. 18. The private streets within the subdivision shall be constructed on a perpetual ingress/egress easement per UDC 11 -3F -4A.1. Revise the plat to graphically show the easements and include a note describing the easement. 19. Place signs along all roundabouts "no parking". Coordinate location of signage with the Meridian Fire Department. 20. All cul-de-sacs with a landscape island shall have a flat driving surface of at least 20 -feet, if the driveway is less than 29- feet it shall be signed "no -parking". 21. The drive lanes that approach the roundabouts and are separated by raised delineators shall have a minimum of 20 -feet of driving surface. 22. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. Exhibit "A" FP -05-076 Messina Meadows Subdivisionl FP.doc PAGE 3 CITY OF MERIDIAN PINING AND PUBLIC WORKS DEPARkENTS STAFF REPORT 23. Prior to signature on the final plat by the City Engineer, record as a separate document a temporary turn around easement at the end of E. Tusa Street. Staff recommends, but does not require, including in the language of this easement that the easement vacates itself when a new plat is dedicated over it. 24. Revise the recording year on the face of the plat to read "2006" instead of "2005". 25. Revise the "Approval of City Engineer" portion of the signature sheet to read Lenard Grady instead of Brad Watson. 26. The common lot south of E. Mona Lisa Drive that abuts Eagle Road is labeled twice, once as Lot 1, Block 22 and once as Lot 1, Block 3. Staff believes it should be Lot 1, Block 22; the applicant shall confirm this information and make any necessary adjustments. 27. Graphically depict an 8 -foot wide Public Utilities, Drainage and Irrigation easement in the following locations. The extra width is necessary to accommodate an irrigation main being installed. 1.) The northern boundary of Lot 10, Block 3. 2.) The northern boundary of Lot 7, Block 7. 3.) The northern boundary of Lot 9, Block 15. 4.) The northern boundary of Lot 10, Block 1. 5.) The eastern boundary of Lot 19, Block 1. 28. Graphically depict a 5 -foot wide Public Utilities, Drainage and Irrigation easement in the following locations. They will be interior lot lines to future phases. 1.) The western boundaries of Lot 1, Block 9; and Lot 5, Block 13. 2.) The southern boundaries of Lot 5, Block 10; and Lot 2, Block 11. 3.) The eastern boundary of Lot 3, Block 22. 29. Graphically depict an irrigation easement in the common lots where the pressurized irrigation mains are being proposed, or dedicate a blanket utility easement in all common lots. 30. Vacate any recorded easements associated with the rerouted laterals prior to signature on the final plat by the City Engineer. 31. The construction plans that were submitted concurrently with final plat contain no gravity irrigation plans therefore staff is unsure where additional irrigation easements should be dedicated. Graphically depict any additional easement needed to protect newly piped irrigation laterals. 32. The landscape plan, prepared by The Land Group and dated 12/05/05, shall be revised as follows: a. Depict the 10 -foot wide regional pathway in Lot 11, Block 9 and Lots 1 & 12, Block 7 as approved on the preliminary plat to be aligned with the regional pathway in Bellingham Park Subdivision to the west. b. Include mitigation information for existing trees on the site that will be removed per UDC 11 -3B -10C.5. Coordinate a mitigation and protection plan with Elroy Huff, of the Meridian Parks Department (888-3579). C. If the City Council waives the requirement to cover the ten mile canal (UDC 11 3A 6A.3a) then the landscape plan needs to reflect the landscaping requirements of NMID and fencing standards for linear open space products as listed in UDC 11 -3A -7A.7 and UDC 11 -3A -6B.1 Exhibit "A" FP -05-076 Messina Meadows Subdivisionl FP.doc PAGE 4 CITY OF MERIDIAN PANING AND PUBLIC WORKS DEPARTivIENTS STAFF REPORT Submit 3 copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. 33. Revise or add the following note(s) on the face of the plat dated 12/07/05, prepared by Briggs Engineering, Inc., prior to signature on the final plat by the City Engineer: (1.) Revise the note to read: "....lot drainage, and Meridian City street lights over the twelve — (l-2*fourteen (14) adjacent to any Public......" (2.) Revise note to exclude Lots 2-66, Block 5 and Lots 26-69, Block 4. Graphically depict a 5 -foot wide Public Utilities, Drainage and Irrigation easement along all lot lines that are not spanned by an attached unit. (3.) "of the City of Meridian measured from the baek of sidewalk; or- 22 feet measuFed ftem the right of way and CUP -05-026. (9.) Add Lot 65, Block 4 and Lot 2, Block 22 as common lots. (*.) Add a note: "Direct lot access to S. Eagle Road is mohibited." (*.) Add a note dedicating a blanket sewer and water easement over Lots 14, 40, Block 27, and Lots 34, 60, Block 4. (*.) Add a note dedicating a 10 -foot wide Public Utilities, Drainage and Irrigation easement along all lot lines adjacent to a private street. (*.) Add a note that addresses who owns and maintains the private streets. (*.) Add a note addressing ownership and maintenance of Lots 12, 13, Block 9, Lots 12, 13, Block 7, Lot 2, Block 22, and Lot 8, Block 6. (*.) Add a note: "All buildings and improvements on all lots in this subdivision shall comply with the master grading and drainage plan on file with the City of Meridian Public Works Department, and the City of Meridian Building_ Department." 34. Complete the Certificate of Owners and accompanying acknowledgement. 35. Submit the revised final plat on paper that is eighteen (18) inches by twenty-seven (27) inches in size, with a three and one-half (31/2) inch margin at the left end for binding and a one-half (1/2) inch margin on all other edges per §50-1304. 36. Staff's failure to cite specific ordinance provisions or terms of the approved annexation, development agreement, preliminary plat, or conditional use permit does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. 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. If lateral users association approval can't be obtained, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, 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. Exhibit "A" FP -05-076 Messina Meadows Subdivisionl FP.doc PAGE 5 CITY OF MERIDIAN PINING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 4. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 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 per Resolution 02-374. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 9. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 10. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 11. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 12. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 13. Approval of the preliminary plat shall become null and void if the applicant fails to record the final plat within two years of the approval of the preliminary plat per UDC 11 -6B -7A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, may be considered for final approval without resubmission for preliminary plat approval per UDC 11 -6B -7B. STAFF RECOMMENDATION Staff recommends approval of the final plat for Messina Meadows Subdivision No. 1 (FP -05-076) with the above stated comments and conditions. Exhibit "A" FP -05-076 Messina Meadows Subdivisionl FP.doc PAGE 6 LJ BRIGGS ENGINEERING, Inc. I3MiN8= / PLAN / SURVEYORS February 6, 2006 Sonya Watters Assistant City Planner City of Meridian 660 E. Watertower Lane Meridian ID 83642 n �J 1800 West Overland Road Boise, Idaho 837053142 Voice (208) 344-9700 Fax (208) 345-2950 Re: Messina Meadows Subdivision No. 1 (FP -05-076) Dear Sonya: The applicant, Tuscany Development, Inc. agrees with all of the conditions in the Staff Report dated February 3, 2006 with the following exceptions: Site Speck #12: As part of the development agreement for this property, the applicant is required to connect S. Burgo Avenue to the north. Prior to signature on the final plat by the City Engineer, revise plat to include the portion of right-of-way needed to connect Burgo Avenue to the north, or include the warranty deed instrument number of the portion of land that was dedicated to ACHD. The applicant agrees to build the roadway extension of Burgo Avenue over the Ten Mile Feeder Canal as requested. However, we don't believe that it is necessary to dedicate the right-of-way for the crossing to ACHD. The Bureau of Reclamation has an existing crossing agreement with ACHD to allow for construction of roadways over their facilities. An agreement will be prepared by the Bureau and signed by all interested parties allowing construction of the roadway and granting easements for public utilities prior to signing of the final plat by the City Engineer. General #1: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-eA-6... The applicant herby requests approval to re-route, in an open ditch, the Ten Mile Feeder Canal that traverses the subject property. This waterway Is a high flow canal that is owned, operated, and maintained by the US Bureau of Reclamation. The design flow rate of this waterway is 3,500 miners inches or 70 cubic feet per 50602 -Messina No. 1 Exhibit "13" 0 • BRIGGS ENGINEERING, 1, ng. —1800 West Overland Road, Boise, Idaho 83705 — (208) 344.9700 second (CFS). The size of pipe required to accommodate this flow is 54" diameter. Thank you for your continued cooperation in seeing this project to completion. If you have any questions or concerns, please don't hesitate to contact me. Sincerely, /�L 7'/'--. Ben Thomas, PE Exhibit 'B" 02/06106 % . v . rlea 1` 22 December 2005 Planning Department City of Meridian 660 E. Watertower Lane Suite 202 ivienuzan, iD 83o42 RE: FP 05-076/Messina Meadows Dear Anna: 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466.7861 SHOP: Nampa 466.0663 Nampa & Meridian Irrigation District requires that a Land Use Change Application be filed, for review, prior to final platting. Please contact Donna Moore at 466-7861 for further information. All laterals and waste ways must be protected. All easements must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on site. If any municipal surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recorrunended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. ALL WORK WITHIN NAMPA & MERIDIAN IRRIGATION DISTRICT FACILITIES MUST BE COMPLETED BY MARCH 15, 2006. Sincerely, Ment Asst. Water Superintendent Nampa & Meridian Irrigation District BH/dbg C: Crew Foreman File - Office/Shop APPROXIMATE IRRIGABLE ACRES Exhibit "C••• RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS 40,000 February 3, 2006 CPA 05-004 MERIDIAN CITY COUNCIL MEETING February 7, 2006 APPLICANT ITEM NO. 14 REQUEST Continued Public Hearing from January 17, 2006 — Request for a Comprehensivc Plan Amendment to amend the text and future land use map of the 2002 Comprehensive Plan for the North Meridian Area and to expand the area of city impact boundary AGENCY COMMENTS CITY CLERK: See previous Item Packet / Minutes 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: See attached Comments 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. February 3, 2006 RZ 05-020 MERIDIAN CITY COUNCIL MEETING February 7, 2006 APPLICANT Fred Pratt ITEM NO. 15 REQUEST Public Hearing — Request for a Rezone of .17 acres from R-4 to O -T zone for operation of a barber shop for Fred's "Reel" Barber Shop — 1127 North Meridian Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached P&Z Item Packet / Minutes See attached Recommendations / Findings See attached Comments OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • In the Matter of a request to Rezone .17 acres from R-4 to the O -T zone for operation of a barber shop, by Fred Pratt Case No(s). RZ-05-020 For the City Council Hearing Date of: February 7, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 7, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 7, 20M incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 7, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 7, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuatit to Meridian City Code § 11-5A- 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MEROMN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-05-020 - PAGE 1 of 3 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected parry requesting notice. 7. That this approval is subject to the Legal Description and the Conditions of Approval all in the attached Staff Report for the hearing date of February 7, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 7, 2006 incorporated by reference. D. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staff Report for the hearing date of February 7, 2006 CrfY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-05-020 - PAGE 2 of 3 0 By action of the City Council at its regular meeting held on the 2006. VOTED VOTED-6kL4-' VOTED_#� VOTED COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL, MEMBER KEITH BIRD • 7-1-4— day of TIE BREAKER MAYOR TAMMY de WEERD VOTED DATED: 2 - 1-D b MOTION: APPROVED: DISAPPROVED: de WEERD '1 ri ATTEST:o WILLIAM G. BERG, JR, Copy served upon:y /moi i0� �� vee 11Catf� >rea r � r v r 9 s a 9",9aaa Hing Department lic Works Department Attorney. By Dated: o 10 " L U City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZr05-020 - PAGE 3 of 3 CITY OF MERIDIAN PLANNIIODEPARTMENT STAFF REPORT FOR THE HEARIODATE OF FEBRUARY 7, 2006 p ' STAFF REPORT City Council Hearing - - Hearing Date: 2/7/2006 TO: Mayor, City Council EuMVEY',', FROM: Josh Wilson, Associate City Planner ---_ - SUBJECT: Fred's "Reel" Barber Shop FEB — 2 2006 CITY OF MERIDIAN • RZ-05-020 CITY C L F R K n F='=1 r F Rezone .17 acres from R4 to O -T zone for operation of a barber shop 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Fred Pratt, has applied for a Rezone (RZ) of .17 acres from R-4 (Medium -Low Density Residential) to O -T (Old Town) for operation of a barber shop at 1127 N. Meridian Road. The site is located on the west side of N. Meridian Road, south of Washington Street. This site currently contains one existing residence. The applicant has submitted a site plan which shows proposed parking, landscaping, and right-of-way improvements to be constructed on the property. 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on xx. At the public hearing they moved to recommend denial/approval. a. Summary of Public Hearing: i. In favor: Fred Pratt, applicant ii. In opposition: None. iii. Commenting: None. iv. Staff presenting application: Josh Wilson v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. Time frame for completion of the site improvements. c. Key Commission Changes to Staff Recommendation: i. Add a requirement that the applicant enter into a Development Agreement with the City of Meridian, which states that the existing business shall be allowed to operate while site improvements are being made and that the business shall not operate for a period exceeding 12 months, from approval by the City Council, without the site improvements being completed. d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTIONS Recommend Approval I move to approve File Number RZ-05-020 as presented in the staff report for the hearing date of February 7, 2006, and the site/landscape plan dated November 7, 2005 with the following modifications to the conditions of approval: (add any proposed modifications). Recommend Denial I move to deny File Number RZ-05-020 as presented in the staff report for the hearing date of February 7, 2006, and the site/landscape plan dated November 7, 2005 for the following reasons: (you must state specific reasons for denial. They should address how the applicant might re -do the application Fred Pratt RZ-05-002 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 7, 2006 to gain your recommendation for approval). Continue I move to continue the public hearing for File Number RZ-05-020 to (date certain). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 1127 N. Meridian Road / West side of N. Meridian Road, south of Washington Street Section 12 T3N R1 W b. Owner: Fred Pratt 3071 W. Ravenna Street Meridian, Idaho 83642 c. Applicant: Fred Pratt 3071 W. Ravenna Street Meridian, Idaho 83642 d. Representative: Fred Pratt, Owner e. Present Zoning: R-4 f. Present Comprehensive Plan Designation: Old Town g. Description of Applicant's Request: 1. Date of site/landscape plan (attached as Exhibit A1): November 7, 2005 h. Applicant's Statement/Justification (reference submittal material): Fred's "Reel" Barber Shop will be located in Meridian's Old Town. It will be an old fashion barber shop with three barbers. It will have a seating capacity of approximately 14 customers. The location is an older red brick home built in 1956. The shop is approximately 1,161 square feet. 5. PROCESS FACTS a. The subject application will in fact constitute a rezone as determined by City Ordinance. By reason of the provisions of UDC 11-5B-3, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: December 19 and January 2, 2005 c. Radius notices mailed to properties within 300 feet on: December 19, 2005 d. Applicant posted notice on site by: December 26, 2005 6. LAND USE a. Existing Land Use(s): Existing residence b. Description of Character of Surrounding Area: Existing single family residences and commercial uses, zoned R-4, R-15, and O -T c. Adjacent Land Use and Zoning Fred Pratt RZ-05-002 PAGE 2 CITY OF MERIDIAN PLANNIWEPARTMENT STAFF REPORT FOR THE HEARIOATE OF FEBRUARY 7, 2006 1. North: Existing single family residence, zoned R-4. 2. East: Existing residences, zoned R-15. 3. South: Existing single family residence, zoned R-4. 4. West: Existing single family residence, zoned R-4. d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Already serviced Location of water: Already serviced Issues or concerns: None. 2. Vegetation: None. 3. Flood plain: NA 4. Canals/Ditches Irrigation: None. 5. Hazards: None. 6. Proposed Zoning: O -T 7. Size of Property: .17 acres g. Off -Street Parking (non-residential uses) 1. Parking spaces required: 3 2. Parking spaces proposed: 6 3. Compact spaces proposed: No compact spaces are proposed. 4. Off-site parking proposed: None. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the proposed parking lot will be from Washington Street to the north. 7. COMMENTS MEETING On December 16, 2005 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions in the attached Exhibit B. Because this is only a rezone application, there are no conditions of approval. All comments will need to be addressed at the time of Certificate of Zoning Compliance approval. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map designates the property as "Old Town", and it is currently zoned R-4. Old Town is defined as follows: "This includes the historic downtown and the true community center. Uses would include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses could include reuse of existing buildings for residential uses, new construction of multi -family residential over ground floor retail or office uses. In order to provide and accommodate preservation of the historical character, specific design requirements may be imposed. Pedestrian amenities would be emphasized. Public investment to ensure that Old Town becomes a centralized activity center with public, cultural, and recreational structures PAGE 3 Fred Pratt RZ-05-002 CITY OF MERIDIAN PLANNI]PC,'DEPARTMENT STAFF REPORT FOR THE HEAR#ATE OF FEBRUARY 7, 2006 would be encouraged. The boundary of the Old Town district predominantly follows Meridian's historic plat boundaries. In several areas, both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design of the facing houses and buildings." Staff finds that the proposed Rezone complies with the applicable provisions of the Comprehensive Plan and furthers the goals and objectives set forth therein. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists personal and professional services as a Permitted Use in the O -T zone. b. Purpose Statement of Zone: The purpose of the O -T District is to accommodate and encourage further intensification of the historical city center in accord with the Meridian Comprehensive Plan. The intent of the OT District is to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi -public, cultural, financial and recreational center of the City. Public and quasi -public uses integrated with general business, and medium-high to high-density residential is encouraged to provide the appropriate mix and intensity of activities necessary to establish a truly urban city center. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation REZONE ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed rezone and use as a barber shop. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (prepared on November 4, 2005 by Colleen Marks, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. That the applicant will be responsible for all costs 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 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 irrigation. 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. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 1. Administrative Design Review: The proposed site improvements associated with the proposed use as a barber shop shall be subject to Administrative Design Review as set forth in UDC 11-2D-4, and the applicant shall apply for Administrative Design Review concurrently with the Certificate of Zoning Compliance application. 2. Sanitary sewer and water service: The current residence is serviced by existing service lines to the City of Meridian's domestic water and sewer systems. The condition of these services is unknown at this time, nor do we know whether they adequate to provide the needed service to the proposed change in use. Applicant should coordinate with the Public Works Fred Pratt RZ-05-002 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN ,i�DATE OF FEBRUARY 7, 2006 Department for service prior to the issuance of the Certificate of Zoning Compliance. b. Staff Recommendation: Staff recommends approval of RZ-05-020 for Fred's "Reel" Barber Shop as presented in the staff report for the hearing date of January 5, 2006 based on the Findings of Fact as listed in Exhibit D. Staff has included all comments and recommended actions in the attached Exhibit B. Because this is only a rezone application, there are no conditions of approval. All comments will need to be addressed at the time of Certificate of Zoning Compliance approval. 11. EXHIBITS A. Drawings 1. Site/Landscape Plan (dated: October 13, 2005) B. Department Comments 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance Fred Pratt RZ-05-002 PAGE 5 CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HEARINZi DATE OF FEBRUARY 7, 2006 A. Drawings 1. Site/Landscape Plan (dated: November 7, 2005) y I, 0 V I I F, , r 1-7 i I Lr " Z 3:7 r* r ; c.rtMiN'f �� -o YR'f 100 -fE A 1,Arn4 s I E- T� J is � I 1 i� -c► G "O tP � U, s (X% � " a s !A z y I, 0 V I I E i I Lr " r* r ; c.rtMiN'f �� -o YR'f 100 -fE A 1,Arn4 s I T� J is � I 1 � -c► G "O tP � U, s (X% � " a _N rnik-O\F,� �,Dn Exhibit A -V F ri i I Lr " r ; c.rtMiN'f �� -o YR'f 100 -fE A 1,Arn4 � i1bN F! J is � I � -c► � U, s (X% _N rnik-O\F,� �,Dn Exhibit A -V F ri CITY OF MERIDIAN PLANNIODEPARTMENT STAFF REPORT FOR THE HEARIODATE OF FEBRUARY 7, 2006 B. Department Comments 1. PLANNING DEPARTMENT 1.1 The legal description prepared by Colleen Marks, PLS, dated November 4, 2005 and submitted with the application is accurate and meets the requirements of the City of Meridian and State Tax Commission. 1.2 A Certificate of Zoning Compliance (CZC) application shall be submitted for approval prior to construction of the site improvements. 1.3 The proposed site improvements shall be subject to Administrative Design Review as set forth in UDC 11-2D-4, and the applicant shall apply for Administrative Design Review concurrently with the Certificate of Zoning Compliance application. 1.4 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. The applicant shall contact the City Attorney Bill Nary at 888-4433 to initiate this process within 18 months of Cily Council approval of the annexation request. 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 any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, 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 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 easement between the two parcels. • That the existing business shall be allowed to operate while site improvements are being made and that the business shall not operate for a period exceeding 12 months, from approval by the City Council, without the required site improvements being completed. 2. PUBLIC WORKS DEPARTMENT 2.1 The current residence is serviced by existing service lines to the City of Meridian's domestic water and sewer systems. The condition of these services is not known at this time, nor do we know whether they are adequate to provide the needed level of service to the proposed change in use. Applicant should coordinate with the Public Works Department for service prior to the issuance of the Certificate of Zoning Compliance. 3. FIRE DEPARTMENT 1. One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 'h" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. Exhibit B CITY OF MERIDIAN PLANNINNODEPARTMENT STAFF REPORT FOR THE HEARING; DATE OF FEBRUARY 7, 2006 h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 4. Provide a Knox box entry system for the complex prior to occupancy. 5. Contact Joe Silva at 888-1234 for a Fire Department inspection prior to issuance of a commercial Certificate of Occupancy for the building. 4. POLICE DEPARTMENT 1. The Police Department has no concerns with the application. 5. PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 6. SANITARY SERVICE COMPANY 1. SSC has no concerns with the application. 7. ADA COUNTY HIGHWAY DISTRICT 1. Approved with no conditions. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN DATE OF FEBRUARY 7, 2006 C. Legal Description 1 RkS LAND. -n -I -; Colleen Marks, L.S. 7045 • 6405 Ustick Road - Boise, Idaho 83704 rjNG,\rI Phone: (208) 378-7703 • Fax: (208) 378.7759 - Email: markslsgvelocitus.net RF-/_ONL DESCRIPTION .1 h:uccl -)f Iand tieing all of'Lot 4, [dock 1, one half of the adjacent right oh%,.,ays of \' \lcridian Street and 11'. 11'ashn-Ion Street and one half of the adjacent alley, all being part of Nidi ,v's Second Addition as recorded in Book 1 1 of Plats at Page 594, records of Wil C'otuity, Idaho, said parcel lying in the SFI/4 NEI/4 of Section 12, T.3N., R.I W., Boise Meridian, City of Meridian. Ada County, Idaho, said parcel also being more particularly described as tallows: C'onuncncirt ' at a point marking the Section Corner common to Sections I and 12. T.3N., R. I W.. and Sections 6 and 7, T.3N., R.I F.. Boise Meridian, Ada County, Idaho, said point I\ing along the centerline of N. Meridian Street; thence 5.00"00'E. 695.5 feet more or less alone the easter1N! boundary of said Section 12 and the said centerline ofN. Meridian street to ;t point marking the NE Corner of said Niday's Second Addition; thence continuing 5.00" 00'F. 978.0 lcct more or less along the said easterly boundary of section 12, the easterly boundary of said Niday's Second Addition and the said centerline of N. Meridian Street to it point marking the centerline intersection of said N. Meridian street ;tnd .said W. Washington Street, said point also marking THE REAL POINT OF BFt_;LNNINt is thcncv continuing S.0ir (_)0'E. 94.0 feet more or less along the said easterly boundary of ScCtion 12, the said easterly boundary oh Niday's Second Addition and the said centerline ul N.:%1Cndi:m Street to a point: thence \.S ).fin•\N'. I5s.0 ICCI moue or less along the southerly boundary of -said Lot 4, lilocl,, 1, Aiday s Second Addition to a point of intersection of -said southerly boundary of Nida,,.y Sere„nd Addition with the said centerline of the alley; thence .N.tlU (irr'W. 1)4.0 feet more or less along the said centerline of the alley to a point m;trkin-, the crntedinc intersection of said alley with the centerline of said W. Washington Street; 1)c1 C ,ot 7C45 del i -D 4-- _. Nt` �fE OF 1`J N �n Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARINPATE OF FEBRUARY 7, 2006 KI, LAAjj 6,11 N�tiG1STEq���y� 704.5 •ILII -off -a OF � 4t lti W. WASHIN TON Exhibit C NE CORNER NIDAY'S SECOND ADDITION W. ELM AVENUE 0 t27 F— W w l0� I � ------------------ 7 W I Q BLOCKS 2-4. ; I o — NIDAY'S SECOND o ADDITION ; I 0 I � __.. - ----'--------------------- j 1LLJ STREET S 89'50'E. 158.0' — 0 — 0 Z �� o ---- Af 4M � I x v 0 LOT 4, BLOCK 1. Lj o i NIDAY'S SECOND 30' p m �L ADDITION o --1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARINOATE OF FEBRUARY 7, 2006 D. Required Findings from Zoning Ordinance 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to O -T. City Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that personal and professional services are permitted uses within the requested zoning district of O -T. The submitted site plan shows dimensions and elements which conform to the proposed zoning designation. City Council finds that the site is large enough to contain the required parking and landscaping. The applicant will be required to apply for a Certificate of Zoning Compliance prior to construction of the site improvements to ensure compliance with City Code. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. Exhibit D February 3, 2006 MERIDIAN CITY COUNCIL MEETING February 7, 2006 AZ 05-056 APPLICANT J BS Enterprises, LLC ITEM NO. 16 REQUEST Public Hearing — Request for Annexation and Zoning of 6.08 acres from RUT to TN -R and 4.07 acres from RUT to C -C zones for Harks Canyon Creek Subdivision — 1845 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: COMMENTS See attached PBZ Item Packet / Minutes See attached Recommendations / Findings Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings stall become property of the City of Meridian. February 3, 2006 .. IMI .s MERIDIAN CITY COUNCIL MEETING February 7, 2006 APPLICANT J BS Enterprises, LLC ITEM NO. 17 REQUEST Public Hearing — Regeust for Preliminary Plat approval of 29 residential lots, 7 commercial lots and 7 common lots on 10.15 acres in proposed TN -R and C -C zones for Harks Canyon Creek Subdivision — 18475 West Franklin Raod AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached PBZ Item Packet / Minutes See attached Recommendations / Findings Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. February 3, 2006 CUP 05-051 MERIDIAN CITY COUNCIL MEETING February 7, 2006 APPLICANT J BS Enterprises, LLC ITEM NO. 18 REQUEST Public Hearing — Request for Conditional Use Permit for a mixed-use development within 300 feet of a residence for Harks Canyon Creek Subdivision 1845 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 attached P8Z Item Packet / Minutes See attached Recommendations / Findings Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the city of Meridian. February 3, 2006 AZ 05-052 MERIDIAN CITY COUNCIL MEETING February 7, 2006 APPLICANT Landmark Development Group, LLC ITEM NO. 19 REQUEST Public Hearing — Request for Annexation and Zoning of 7.87 acres from R1 to C -G zone for Sadie Creek Promenade Subdivision — 3055 North Eagle Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached P3Z Item Packet / Minutes See attached Recommendations / Findings Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. February 3, 2006 PP 05-053 MERIDIAN CITY COUNCIL MEETING February 7, 2006 APPLICANT Landmark Development Group, LLC ITEM NO. 20 REQUEST Public Hearing - Request for Preliminary Plat approval of 24 commercial building lots on 15.33 acres in a proposed C -G zone and an approved C -G zone for Sadie Creek Promenade Subdivision - 3055 and 3085 N. Eagle Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached P&Z Item Packet / Minutes See attached Recommendations / Findings Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridlan. February 3, 2006 CUP 05-049 MERIDIAN CITY COUNCIL MEETING February 7, 2006 APPLICANT Landmark Development Group, LLC ITEM NO. 21 REQUEST Public Hearing — Request for a conceptual Conditional Use for retail, restaurant, drive-thru and office uses in a proposed C -G zone and an approved C -G zone for Sadie Creek Promendade Subdivision - 3055 & 3085 N. Eagle Road AGENCY COMMENTS _-- ---CLTY_CLERK:--_.-- CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: See attached P&Z Item Packet / Minutes See attached Recommendations / Findings Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. February 3, 2006 VAR 05-022 MERIDIAN CITY COUNCIL MEETING February 7, 2006 APPLICANT Landmark Development Group, LLC ITEM NO. 22 REQUEST Public Hearing - Request for a Variance to allow a vehicular access point to Eagle Road / SH55 for Sadie Creek Promenade Subdivision - 3055 & 3085 N. Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See attached Comments NAMPA MERIDIAN IRRIGATION: See attached Comments SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. February 3, 2006 VAR 05-027 MERIDIAN CITY COUNCIL MEETING February 7, 2006 APPLICANT White -Leasure Development Company ITEM NO. 23 REQUEST Request for a Variance to UDC 11-3.H requirements for access to SH 69 for Meridian Gateway - 1601 South Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT. ITD See attached Comments CENTRAL DISTRICT HEALTH: No Comment NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST. INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubOc meefts shah become property of the city of Meridian. February 3, 2006 AZ 05-049 MERIDIAN CITY COUNCIL MEETING February 7, 2006 APPLICANT Gemstar Development, LLC ITEM NO. 24 REQUEST Ordinance — Request for Annexation and Zoning of 31.72 acres from RUT to R-4 zones for Estancia Subdivision — 1990 East Amity Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Ordinance Date: Phone: _ Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. ADA COUNTY RECORDER J. DAVJ�,NAVARRO AMOUNT 00 E BOISE IDAHO 02116106 12:21 P DEPUTY Ball QarreN III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III RECORDED—REQUEST OF 106024111Clay of Meridian CITY OF MERIDIAN ORDINANCE NO. D 49; s l 2-13 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ -05-046 ESTANCIA SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN THE SW'/a OF THE SW % OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R4 (LOW DENSITY RESIDENTIAL) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Gemstar Development, LLC. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-4 (Low Density Residential) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. ANNEXATION OF AZ -05-046 ESTANCIA SUBDIVISION Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The City Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in fall force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this '7^ day of r 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 7'�- day of / .PittJ U 2006. I1 WILLIAM G. BERG, 0 P •Jd1.7. L CL 'o/'�r/fll8iP8t 4119i�®q®���p� de WEERD ANNEXATION OF AZ -05-046 ESTANCIA SUBDIVISION Page 2 of 3 STATE OF IDAHO, ) : ) ss. County of Ada ) On this I"- day of %Uft }Z } , 2006, 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. 0000■■000 (SEAj#G'• e TA OF ♦. ■ 0000 N"L�- C'l III '�' & I � OTARY PUBLIC FOR IDAHO RESIDING AT: �(`j ' � j t � IC) MY COMMISSION EXPIRES: 'I(j - I I I I ANNEXATION OF AZ -05-046 ESTANCIA SUBDIVISION Page 3 of 3 Sep 14 05 02:3210 TSv IDAHO SURVEY GROUP Project No. 05-231 Estancia Subdivision Annexation Description (208) 884=5399 p,z 1450 East Watercawer St Suite 150 Meridian, Idaho 83642 Phone (208) 846-s57o Pax (208) 884-5399 September 14, 2005 A parcel of land located in the SW 1/4 of the SW 1/4 of Section 29, T.3N., R. IE B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Southwest corner of said Sect on.29, from which the South 1/16 conger common to Section 30 and the said Section 29 bears North 00030'01" West, 1325.80 feet; Thence North 00°30'01" West, 350.27 feet to the Southwest corner of Terrier Subdivis or4 as same is recorded in Book 83 of.Plats at Page,9099, records ofAda..County, Idaho, said Point being the REAL POINT OF BEGINNING. Thence continuing North 00-3010r' West, 528.12 feet to the Northwest corner of said subdivision; Thence South 89044103" East, 659.95 feet to the Northeast corner of said subdivision; Thence North 00030'01." West, 130.52 feet; Thence South 89042'"02" East, 671.18 feet to a point which bears South 00°07'38" East, 16.50 feet from the SW 1/16 corner; Thence along the East line of SW 1/4 of the SW 1/4 South 00'07'38" East, 1308.51 feet to the West 1/16 corner common to Section 32 and the said Section 29; Thence along the section line North 89°43'51" West, 662.66 feet;: Thence North 00°30'01" West, 350.31 feet to the Southeast. corner of said Terrier Subdivision; Thence North 89044'03" West, 659.95 feet to the Point of Beginning. Containing 32.58 acres, more or less: R BYEV W Q (j 11''_ I �p 2, 2 2-005 MERIDIAN WORKS DEPT, .Prepared By, Idaho S y P.C. 4431 of a� D. Teirr n► P r -o -fes -s i o-n.a 1- Lr a -n d S u -r v e -y -o -r --s m -Fs ." 2 N tV T323,86' LOCUST MOVE ROAD 413.72! M ODVIOI W WW2 ' bl41+4W 0 l� N 00W041 w 3=31, s onr3r g t cam yD r 0 ma t ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 1 BOISE IDAHO 02115106 12:21 PM DEPUTY Gail Garrett RECORDED -REQUEST OF III I ��II'Ill�lllll'llll'll'll III III City of Meridian i 06Id2411 CITY OF MERIDIAN ORDINANCE NO. L% 6 ® A Zl 4 - BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ -05-042 MEDFORD PLACE SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN THE NE 1/a OF THE NE 1/a OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-8 (MEDIUM DENSITY RESIDENTIAL) AND R-15 (HIGH DENSITY RESIDENTIAL) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attachT. Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Dyver Development. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-8 (Medium Density Residential) and R-15 (High Density Residential) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. ANNEXATION OF AZ -05-042 MEDFORD PLACE SUBDIVISION Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The City Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 7 day of AZ7 '1w -O _a1'q % 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this �'' day of°l/� f/t Gt- �% 2006. ATTES Cr__7'S WILLIAM G. BERG, JR CIT C ANNEXATION OF AZ -05-042 MEDFORD kWCV`§UBDIVISION Page 2 of 3 STATE OF IDAHO, ) : ) ss. County of Ada ) On this Ilt' day of FCbyl Lt, , 2006, 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. `NOTARY PUBLIC FOR IDAHO RESIDING AT: OAAUX G L 10 MY COMMISSION EXPIRES: 10-11-11 ANNEXATION OF AZ -05-042 MEDFORD PLACE SUBDIVISION Page 3 of 3 IDAHO SURVEY GROUP 1450 EW W=rW*W St Aft ISO hMdim, Idatw 93642 Pho.w lIMN 1146$570 Project No. OS-lS1 Aoasiad" DwripNon Novembor 9, 2003 Medford Plaee SuhdWh im A 8M» parcel of land located in the NE 1/4 of dw NE I/4 of Section 29, -rjr4, R.I F Ada County. Idaho, mous Pwdco>su'ly desctiN d as foibm. BEGINNING at the vomer oolmawn to S*dons 20, 21, 28. and the sad Sed om 29; TlOWC Wong tho East line of avid Simon 29 South 00°27'44" W04 960,88 foot; The'" dePalinB mid BIMB Nw1h $9°37'02"• Wear. 670.98 fed to a point on the PUN It" of ?4c$dna [lino Sub Waioa No. I, as same is moondod in Book 87 of plata at >0 9829. roratds ofAda County, Idaho; "S avid East Hw North 00°28'30" Easy. 300.37 fret; "Ph mw depattinS xdd line South 89037" ►..6" Fat IL 340.91 feet 7 bmm Notch 00"2744" Hai 660.S0 foci, to a Sedion 29; Point on the Notch lice of avid Thmft along Said line South 69°36'45" Fast, 330.00 foot to the Fount of lk micZ Corte RW 9.63 acres„ more or kes. p Br D. Teary PBuSty PLS Professional Land Surveyors r,Y IDAHO 1450 rmt%%ta u wr k. SURVEY sake 150 GROUP M-MIMWOMM42 Project No. 05-151 October 7, 2005 V1cMry _ Ea1Elc RUT to RIS A penal of hmd located in theNEthe Nlof Section 29, T.3N, MEQ, Bim, Ada County. Jdabw, Marc PtaticuhulyL/4 describedof in Railows:1/4 oamor ==O6 to Secdm 20.21.28, and the said Soetion 29; HF,G1rININ6 at the Thence along the East Ilse of said Section 29 Som 00'W,4,„ West. 916.91 feel: iha►ae dep aft said East Ilse North 89°37'02" Welt. 200.00 f 7henee North 00°27'44" East, 703.43 feet; Thew North 57°31'30" West, 50.50 Ext Thence North 8"2'16" West„ 87.18 fcot 'Mm NoRh 00027'44" Eeat, 29; Section 29;186.56 feat to a point On the North line 'Of add 7lft c along said line South 89036'45" Fast, 330.00 feet to the pow of Bq*2ft Containing 4.78 amv% more or 1esa. Prepared Hy. A T*Vpak pl.S Professional Land Surveyors IDAHO SURVEY 143o r„` vy�°5t &ate ISO GROUP Martdtti i, td2ho 03642 Phone (208) 846-8570 � (238) 884-53v9 Project No_ 05-151 Victary — Eagle CktObl r 7, 2005 RUT to.R-8 A parcel of land located in We NE J/4 of the NK 114 ofSeetion 29, T.31N., R1&., B.M., Ada County, Idaho, More particularly dcscrihed as Wllwa Comma a Commencing t the corner common to Sections 20 , 2J, 28, and the said Section 7o9. &-- l whirthe 1 a comer South W27'441*common to -said W 00� 28 and 29 bean South 00'27.44" West, 2641.87 falx; Thence: est, 916.91 feet to the REAL POINT OF Bi':GINNING. Thence continuing South 00°27'44" West, 43.97 feet; Theace North 89°37'02" West, 670.98 feet to a point on the Fast line of Messina 11i11s ,Subdivislun No. 1, as same ie reeorde d in Book 87 of Plats at Page 9829, records of Ada County, Idaho; "l Wme along said Fast line North 00'28'30" East. 300.37 feet; Thence departing said line South 89°3726" East, 340.91 foes; 111 Norllt 00°2744" Last, 473.951eet; 73tcnee South 99932-16" last, 97.19 ijc4 'Iircmx South 57°31'30" lsast, 50.50 feet; Thence South 00027'44" Wast, 703.43 feet; Thence South 89°37'02" Fast, 200.00 feet to the point of Be ' 4.85 eons, more or less. B=14 Comaining PrRMW By: MAO Surt+e Gronp, P.C. l 4431 ala � o .. O %A OF t0! D. T »i Professional Land Surveyors .CSM 3 .v+,izm N fta%A'0 wvg dff o d' 3 .O*Atm N M .I Odzm 5 Rev 2 705 t� 100aK 9 a February 3, 2006 MERIDIAN CITY COUNCIL MEETING February 7, 2006 APPLICANT ITEM NO. 26 REQUEST Executive Session per Idaho State Code 67-2345 (1)0 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shorn become property of the City of Merman.