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HomeMy WebLinkAbout2006-04-160 0 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 18, 2006 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Revised 4-17-06 `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." Roll -call Attendance: Shaun Wardle Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: rev► -s &kjj- Inaur'eert, Ott 41677'ec ^egaw Posey 3. Community Invocation by Pastor Bud Henthorn, with Meridian Gospel Tabernacle: s4,V-ems 4. Adoption of the Agenda: 41 frrwvc a -f 5. Consent Agenda: A. Approve Minutes of April 4, 2006 City Council Regular Meeting: 41IC- B. Sanitary Sewer and Water Main Easement Agreement for Monica Subdivision with B2 Investments: 47vp Vlc__ C. Water Main Easement Agreement for Heritage Middle School with Meridian School District: D. Permanent and Temporary Easement Contract for the Black Cat Phase 3 Trunk with Soo W. Lee: E. Sanitary Sewer Easement for Heritage Middle School with Meridian School District: 91"wCe.- F. Water Main Easement Agreement for Silverstone Town Square with Sundance, Co.: Meridian City Council Meeting Agenda — April 18, 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 4-17-06 G. Sanitary Sewer and Water Main Easement Agreement for Paramount Village Center with Brighton Commercial, Inc: 419111 H. Development Agreement: AZ 05-063 Request for Annexation and Zoning of 5.03 acres from RUT to R-8 zone for Quenzer North Subdivision by Brighton Development, Inc. — north of East Ustick Road and west of North Locust Grove Road: �1,VV `, I. Development Agreement: AZ 05-066 Request for Annexation and Zoning of .50 acres from R-12 to C -G zone for Meridian Veterinary Clinic by Architecture Northwest — 415 West Fr anklin Road: J. Development Agreement: AZ 06-002 Request for Annexation and Zoning of 0.43 acres from RUT to L -O (Limited Office District) for Strada Bellissima Subdivision Outparcel by Strada Bellisslma, LLC — 3015 South Meridian Road: a v_cs K. Resolution No. V6 ® 5-1 Adopting Purchasing - Policy for the City of Meridian_ z?1WVVe, L. Resolution No. ® 6 — ✓-12- Ratifying Council's Approval of Meridian Parks Recreation Fees for 2006: 4r7,wucf M. Resolution No. e;?6 — 51,q Public Works Fees Changes as authorized in Title 9, Chapter 1 Water Use and Service, and Title 9, Chapter 4 Sewer Use and Service of Meridian City Code including water and wastewater assessment, water meters and appurtenances, and water system itemized damage fees: &P1rrvtAe_ N. First Addendum to Contract to Commission an Artwork between Sculptures by BJH, LLC and the City of Meridian: ac— O. Original Pump Station Operation and Maintenance Agreement for Chateau Park with Nampa & Meridian Irrigation District: 1&10?Y1Pa.e� P. United Water Certificated Area Agreement:v� R. Approve Beer. Wine and Liquor License Renewals: air Applebee's Neighborhood Grill — Beer & Liquor Bill N Lynn's Place — Beer & Liquor Harvest Buffet — Beer & Wine JB's Restaurant — Beer & Wine Lakeview Golf Club — Beer & Liquor Maverick Country Store — Beer & Wine Meridian City Council Meeting Agenda — April 18, 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • Maverick Country Store - Beer & Wine Meridian Bowling Lanes - Beer & Liquor Muggsy's Sports Bar - Beer & Liquor Pier 49 Pizza - Beer Pier 49 Pizza - Beer Ram Restaurant - Beer & Liquor Round Table Pizza - Beer & Wine Sidelines Sports Bar - Beer & Wine Tobacco Connection - Beer & Wine Top Shelf, LLC - Beer & Liquor Vina Restaurant - Beer Wal-Mart Stores, Inc. - Beer & Wine Winco Foods #48 - Beer & Wine 6. Department Reports: 0 Revised 4-17-06 A. Parks and Recreation Department - Doug Strong / Elroy Huff 1. Discussion of Cost Estimate and Concept Plan for _Meridian Settler's Village Square: �,-,,,,.� //iTy-ePj �,e��. 2. Impact Fee Request for Completion of Season's Park Pump House: aim ve- dl',Og o®�, jg 3. Discussion of Resolution Establishing the Meridian Parks & Recreation Commission and Adopting the By Laws of the Meridian Parks & Recreation Commission:���, B. Police Department - Bill Musser 1. Update on Current Hiring Challenges and Change to Current MPD Hiring Policy to Drop Requirement for Intermediate Certification to Basic Certification: C. Public Works Department - Len Grady 1. Public Works Zip Code Addition for the City of Meridian: /9'Ms��ele- Atw 2;;p coli 2. Memorandum of Understanding between the City of Meridian and the Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints: vw D. Planning Department Anna Canning 1. Budget or Line Item Amendment for Planning Meridian City Councif Meeting Agenda — April 18, 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 4-17-06 7. Items Moved from Consent Agenda: i'yb 8. Pretermination Hearing for Rozann & Douglas Anderson, 52 Rose Circle: 9. Continued Public Hearing from March 14, 2006: AZ 05-057 Request for Annexation and Zoning of 17.25 acres from RUT and R1 to R-8, R-15 and C -G zones for Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: 10. Continued Public Hearing from March 14, 2006: RZ 05-019 Request for a Rezone of 10.05 acres from C -G to R-8, R-15 and C -G zones for Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: 11. Continued Public Hearing from March 14, 2006: PP 05-059 Request for Preliminary Plat approval of 54 single family residential lots, 22 multi- family residential lots, 14 common lots and 7 commercial lots for Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: /2rW"OWU4 �W f 4-e 12. Continued Public Hearing from March 14, 2006: CUP 05-052 Request for Conditional Use Permit for Mixed Use Regional project within 300 feet of a residence for Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: 13. Continued Public Hearing from March 14, 2006: MI 05-013 Miscellaneous request for a Private Street application for multifamily and commercial development for Bienville Sguare Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: 7°k i C-1: App- 4f1prr9v0_4 14. Continued Public Hearing from March 14, 2006: VAR 05-023 Request for a Variance to allow access to a state highway for Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: 15. Continued blic Hearing from April 4, 2006: AZ 05-058 Request for Annexation and Zoning of 49.95 acres from RUT to a R-8 zone for Kee -go Springs Subdivision by Todd Campbell — 5910 North Black Cat Road: 16. Continued Public Hearing from April 4, 2006: PP 05-060 Request for Preliminary Plat approval of 201 building lots and 9 common lots on 49.95 acres in a proposed R-8 zone for Kee -go Springs Subdivision by Todd Campbell — 5910 North Black Cat Road: Meridian City Council Meeting Agenda — April 18, 2006 Page 4 of 5 All materials presented at public meetings shall become properly of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 4-17-06 17. Continued Public Hearing from April 4, 2006: VAR 05-024 Request for a Variance to reduce front garage setbacks to 15 feet from back of sidewalk in a proposed R-8 zone for Kee -go Springs Subdivision by Todd Campbell — 5910 North Black Cat Road: 18. Public Hearing: PP 06-002 Request for Preliminary Plat approval for 23 commercial lots on 22.85 acres in a C -G zone for Gateway Marketplace Subdivision by Landmark Development — southeast comer of Ustick Road and Eagle Road: alij w-, 19. Public Hearing: VAR 06-002 Request for a Variance for two access points to Eagle Road SH / 55 for Gateway Marketplace by Landmark Development — southeast comer of Ustick Road and Eagle Road: fit. 20. Public Hearing: VAR 05-027 Request for a Variance to UDC 11-3.H requirements for access to State Highway 69 for Meridian Gatewav by White -Leasure Development Company —1601 South Meridian Road: �j�a­.c -Alf-! a% 14,,° oK4 Qccef,r 4jr7vrmrva.e 21. Public Hearing: Building Department Fee Changes: 22. Ordinance No. l AZ 05-063 Request for Annexation and Zoning of 5.03 acres from RUT to R-8 zone for Quenzer North Subdivision by Brighton Development, Inc. — north of East Ustick Road and west of North Locust Grove Road:jo� �.- 23. Ordinance No. 06'--'12?7 AZ 05-066 Request for Annexation and Zoning of .50 acres from R-12 to C -G zone for Meridian Veterinary Clinic by Architecture Northwest — 415 West Franklin Road: �1.*vv _- 24. Ordinance No. Paid --/2-" AZ 06-002 Request for Annexation and Zoning of 0.43 acres from RUT to L -O (Limited Office District) for Strada Bellissima Subdivision Outparcel by Strada Bellissima, LLC — 3015 South Meridian Road: 449,~vf, 25. Resolution No. 06-5714- Establishing the Meridian Parks & Recreation Commission and Adopting the By -Laws of the Meridian Parks & Recreation Commission: Z b . 20o c l avn 7 � � 13�� pc� b/� � fleazitiy mw Tr.��da. y. Aa6W6 21, Zvm4i� Meridian City Council Meeting Agenda — April 18, 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 1. 2. 3. 4. 5. Ple��e �gs�;o- P�,•e, +Jcr�,cs> -_-VLo.n.yA! J CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 18, 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." Roll -call Attendance: Shaun Wardle Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd Pledge of Allegiance: Community Invocation by Pastor Bud Henthorn, with Meridian Gospel Tabernacle: Adoption of the Agenda: Consent Agenda: A. Approve Minutes of April 4, 2006 City Council Regular Meeting: B. Sanitary Sewer and Water Main Easement Agreement for Monica Subdivision with B2 Investments: C. Water Main Easement Agreement for Heritage Middle School with Meridian School District: D. Permanent and Temporary Easement Contract for the Black Cat Phase 3 Trunk with Soo W. Lee: E. Sanitary Sewer Easement for Heritage Middle School with Meridian School District: F. Water Main Easement Agreement for Silverstone Town Square with Sundance, Co.: Meridian City Council Meeting Agenda — April 18, 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. G. Sanitary Sewer and Water Main Easement Aareement for Paramount Village Center with Brighton Commercial, Inc: H. Development Agreement: AZ 05-063 Request for Annexation and Zoning of 5.03 acres from RUT to R-8 zone for Quenzer North Subdivision by Brighton Development, Inc. — north of East Ustick Road and west of North Locust Grove Road: I. Development Agreement: AZ 05-066 Request for Annexation and Zoning of .50 acres from R-12 to C -G zone for Meridian Veterinary Clinic by Architecture Northwest — 415 West Franklin Road: J. Development Agreement: AZ 06-002 Request for Annexation and Zoning of 0.43 acres from RUT to L -O (Limited Office District) for Strada Bellissima Subdivision Outparcel by Strada Bellissima, LLC — 3015 South Meridian Road: K. Resolution No. Adopting Purchasing Policy for the City of Meridian_ L. Resolution No. Ratifying Council's Approval of Meridian Parks Recreation Fees for 2006: M. Resolution No. Public Works Fees Changes as authorized in Title 9, Chapter 1 Water Use and Service, and Title 9, Chapter 4 Sewer Use and Service of Meridian City Code including water and wastewater assessment, water meters and appurtenances, and water system itemized damage fees: N. First Addendum to Contract to Commission an Artwork between Sculptures by BJH, LLC and the City of Meridian: O. Original Pump Station Operation and Maintenance Agreement for Chateau Park with Nampa & Meridian Irrigation District: P. United Water Certificated Area Agreement: Q. Memorandum of Understanding between the City of Meridian and the Corporation of the Presidina Bishop of The Church of Jesus Christ of Latter-day Saints: R. Approve Beer, Wine. and Liquor License Renewals: Applebee's Neighborhood Grill — Beer & Liquor Bill N Lynn's Place — Beer & Liquor Meridian City Council Meeting Agenda — April 18, 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • Harvest Buffet — Beer & Wine JB's Restaurant — Beer & Wine Lakeview Golf Club — Beer & Liquor Maverick Country Store — Beer & Wine Maverick Country Store — Beer & Wine Meridian Bowling Lanes — Beer & Liquor Muggsy's Sports Bar — Beer & Liquor Pier 49 Pizza — Beer Pier 49 Pizza — Beer Ram Restaurant — Beer & Liquor Round Table Pizza — Beer & Wine Sidelines Sports Bar — Beer & Wine Tobacco Connection — Beer & Wine Top Shelf, LLC — Beer & Liquor Vina Restaurant - Beer Wal-Mart Stores, Inc. — Beer & Wine Winco Foods #48 — Beer & Wine 6. Department Reports: A. Parks and Recreation Department — Doug Strong / Elroy Huff 1. Discussion of Cost Estimate and Concept Plan for Meridian Settler's Village Square: 2. Impact Fee Request for Completion of Season's Park Pump House: 3. Discussion of Resolution Establishina the Meridian Parks & Recreation Commission and Adoptina the By - Laws of the Meridian Parks & Recreation Commission: B. Police Department — Bill Musser 1. Update on Current Hiring Challenges and Chance to Current MPD Hiring Policy to Drop Requirement for Intermediate Certification to Basic Certification: C. Public Works Department — Len Grady 1. Public Works Zip Code Addition for the City of Meridian: D. Planning Department — Anna Canning 1. Budget or Line Item Amendment for Planning Department: Meridian City Council Meeting Agenda — April 18, 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 7. Items Moved from Consent Agenda: 8. Pretermination Hearing for Rozann & Douglas Anderson, 52 Rose Circle: 9. Continued Public Hearing from March 14, 2006: AZ 05-057 Request for Annexation and Zoning of 17.25 acres from RUT and R1 to R-8, R-15 and C -G zones for Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: 10. Continued Public Hearing from March 14, 2006: RZ 05-019 Request for a Rezone of 10.05 acres from C -G to R-8, R-15 and C -G zones for Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: 11. Continued Public Hearing from March 14, 2006: PP 05-059 Request for Preliminary Plat approval of 54 single family residential lots, 22 multi- family residential lots, 14 common lots and 7 commercial lots for Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: 12. Continued Public Hearing from March 14, 2006: CUP 05-052 Request for Conditional Use Permit for Mixed Use Regional project within 300 feet of a residence for Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: 13. Continued Public Hearing from March 14, 2006: MI 05-013 Miscellaneous request for a Private Street application for multifamily and commercial development for Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: 14. Continued Public Hearing from March 14, 2006: VAR 05-023 Request for a Variance to allow access to a state highway for Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: 15. Continued Public Hearing from April 4, 2006: AZ 05-058 Request for Annexation and Zoning of 49.95 acres from RUT to a R-8 zone for Kee -go Springs Subdivision by Todd Campbell — 5910 North Black Cat Road: 16. Continued Public Hearing from April 4, 2006: PP 05-060 Request for Preliminary Plat approval of 201 building lots and 9 common lots on 49.95 acres in a proposed R-8 zone for Kee -go Springs Subdivision by Todd Campbell — 5910 North Black Cat Road: Meridian City Council Meeting Agenda — April 18, 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 17. Continued Public Hearing from April 4, 2006: VAR 05-024 Request for a Variance to reduce front garage setbacks to 15 feet from back of sidewalk in a proposed R-8 zone for Kee -go Springs Subdivision by Todd Campbell — 5910 North Black Cat Road: 18. Public Hearing: PP 06-002 Request for Preliminary Plat approval for 23 commercial lots on 22.85 acres in a C -G zone for Gateway Marketplace Subdivision by Landmark Development — southeast comer of Ustick Road and Eagle Road: 19. Public Hearing: VAR 06-002 Request for a Variance for two access points to Eagle Road SH / 55 for Gateway Marketplace by Landmark Development — southeast comer of Ustick Road and Eagle Road: 20. 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: 21. Public Hearing: Building Department Fee Changes: 22. Ordinance No. AZ 05-063 Request for Annexation and Zoning of 5.03 acres from RUT to R-8 zone for Quenzer North Subdivision by Brighton Development, Inc. — north of East Ustick Road and west of North Locust Grove Road: 23. Ordinance No. AZ 05-066 Request for Annexation and Zoning of .50 acres from R-12 to C -G zone for Meridian Veterinary Clinic by Architecture Northwest — 415 West Franklin Road: 24. Ordinance No. AZ 06-002 Request for Annexation and Zoning of 0.43 acres from RUT to L -O (Limited Office District) for Strada Bellissima Subdivision Outparcel by Strada Bellissima, LLC — 3015 South Meridian Road: 25. Resolution No. Establishing the Meridian Parks & Recreation Commission and Adopting the By -Laws of the Meridian Parks & Recreation Commission: Meridian City Council Meeting Agenda — April 18, 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ** TX CONFIOION REPORT ** AS OF MAR 31 1#14:13 PAGE. 01 CITY OF MERIDIAN Pax lnf�- A&Y A" -(w Z' lflw� - iaev--� CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on Tuesday, April 18, 2006, for the purpose of reviewing and considering fee changes authorized in Title 10, Chapter 1 Building Codes of Meridian City Code. The public hearing for proposed updated fees includes a modification in the methodology for calculating electrical permit fees for residential, an increase in electrical permit fees for temporary construction power poles, an increase in electrical permit fees for spas, hot tubs, hydro massage, and swimming pools, and an increase in re- inspection fees for the Structural, Electrical, Plumbing, and Mechanical disciplines. A more particular and Specific description of the above proposed amendments and new and updated fees is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m, to 5:00 p.m. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. DATED this 31't day of March, 2006. x -64-/6/C P- G. BERG, PUBLISH: The 3rd and 10th of April, 2008. DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 01 03/31 1407 208 888 2682 EC --S 00'27" 001 130 OK 02 03/31 14;08 208 387 6393 EC -S 00'26" 001 130 OK 03 03/31 14=09 ADA CTY DEUELMT EC --S 00'27" 001 130 OK 04 03/31 14:10 2088885052 EC --S 00'27" 001 130 OK 05 03/31 14:11 ID PRESS TRIBUNE EC --S 08'27" 001 130 OK 06 03/31 14=12 2088886701 EC --S 00'27" 001 130 OK Pax lnf�- A&Y A" -(w Z' lflw� - iaev--� CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on Tuesday, April 18, 2006, for the purpose of reviewing and considering fee changes authorized in Title 10, Chapter 1 Building Codes of Meridian City Code. The public hearing for proposed updated fees includes a modification in the methodology for calculating electrical permit fees for residential, an increase in electrical permit fees for temporary construction power poles, an increase in electrical permit fees for spas, hot tubs, hydro massage, and swimming pools, and an increase in re- inspection fees for the Structural, Electrical, Plumbing, and Mechanical disciplines. A more particular and Specific description of the above proposed amendments and new and updated fees is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m, to 5:00 p.m. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. DATED this 31't day of March, 2006. x -64-/6/C P- G. BERG, PUBLISH: The 3rd and 10th of April, 2008. Hou TX 486T ION REPORT *ou AS OF APR 14 '069,7 PAGE.01 CITY OF MERIDIAN +" Ci1SC '-" r -'a t Lxk*l c' t, X U w - IV UJJ(1! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 18, 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 abliity of the presenter." 1. Roll -call Attendance: Shaun Wardle Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Bud Henthorn, with Meridian Gospel Tabernacle: 4. Adoption of the Agenda: S. Consent Agenda: A. Approve Minutes of April 4, 2006 City Council Regular Meeting: B. Sanitary Sewer and Water Main Easement Agreement for Mon! Subdivision with B2 Investments: C. Water Main Easement A reement for Heritage Middle School with Meridian School District D. Permanent and Tem ra Easement Contract for the Black Cat Phase 3 Trunk with Soo W Lee: E. Sanitary Sewer Easement for Mean oonct: Heritage Middle School with nd►Schl Dtst F. Water Main Easement Agreement for Silverstone Town Square with Sundance, Co.: Meridian City County me" Agenda — April 18, 2006 Page 1 of 5 AB materiats presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888.4433 at least 48 hours prior to the public meeting. DATE TIME TO/FROM MODE MIN/SEC PGS CMDtt STATUS 06 04/14 16:33 3810160 EC --S 02'45" 005 255 OK 07 04/14 16:36 PUBLIC WORKS EC --S 01'33" 005 255 OK 08 04/14 16:38 8848723 EC --S 01'33" 005 255 OK 09 04/14 16:40 WATER DEPT EC --S 01'34" 005 255 OK 10 04/14 16:42 2088840744 EC --S 01'37" 005 255 OK 11 04/14 16:44 POLICE DEPT EC --S 01'33" 00.5 255 OK 12 04/14 16:46 8985501 EC --S 01'32" 005 255 OK 13 04/14 16:48 LIBRARY EC --S 01'34" 005 255 OK 14 04/14 16:50 2083776449 EC --S 01'33" 005 255 OK 15 04/14 16:52 3BB6924 EC --S 01'33" 005 255 OK 16 04/14 16:54 P—AND—Z EC --S 01'34" 005 255 OK 17 04/14 16:57 FIRE DEPT EC --S 01'33" 005 255 OK 18 04/14 16:59 208 888 2682 EC --S 01'34" 005 255 OK 19 04/14 17:01 208 387 6393 EC --S 01'32" 005 255 OK 20 04/14 17:03 ADA CTY DEUELMT EC --S 01'34" 005 255 OK 21 04/14 17:05 2088885052 EC --S 01'34" 005 255 OK 22 04/14 17:07 LAKEUIEW GOLFCOU 03--S 03'04" 005 255 OK 23 04/14 17:11 IDAHO ATHLETIC C EC --S 01'33" 005 255 OK 24 04/14 17:13 ID PRESS TRIBUNE EC --S 01'33" 005 255 OK 25 04/14 17:15 2088886701 EC --S 01'33" 005 255 OK +" Ci1SC '-" r -'a t Lxk*l c' t, X U w - IV UJJ(1! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 18, 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 abliity of the presenter." 1. Roll -call Attendance: Shaun Wardle Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Bud Henthorn, with Meridian Gospel Tabernacle: 4. Adoption of the Agenda: S. Consent Agenda: A. Approve Minutes of April 4, 2006 City Council Regular Meeting: B. Sanitary Sewer and Water Main Easement Agreement for Mon! Subdivision with B2 Investments: C. Water Main Easement A reement for Heritage Middle School with Meridian School District D. Permanent and Tem ra Easement Contract for the Black Cat Phase 3 Trunk with Soo W Lee: E. Sanitary Sewer Easement for Mean oonct: Heritage Middle School with nd►Schl Dtst F. Water Main Easement Agreement for Silverstone Town Square with Sundance, Co.: Meridian City County me" Agenda — April 18, 2006 Page 1 of 5 AB materiats presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888.4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting April 18, 2006 The regular meeting of the Meridian City Council was called to order at 7:10 P.M., Tuesday, April 18, 2006, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Shaun Wardle, and Joe Borton. Others Present: Bill Nary, Will Berg, Anna Canning, Bill Musser, Kenny Bowers, Bruce Freckleton, Clint Dolsby, Brent Bjornson, Doug Strong, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X Shaun Wardle X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I'll go ahead and call this meeting to order. It is Tuesday, April 18th. It is ten minutes after 7:00. Welcome tonight. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: I guess I will do Items 2 and 3 before we have a narration from Councilman Borton, so we can first pray before we see what has been sacrificed. Item 2 is our pledge of allegiance. Tonight will be led in the pledge by seniors at Meridian High School, Maureen Cratchley and Megan Posey. (Pledge of allegiance recited.) Item 3: Community Invocation by Pastor Bud Henthorn, with Meridian Gospel Tabernacle: De Weerd: Megan and Maureen, I would like to offer you City of Meridian pins for leading us in tonight's pledge. Okay. Item No. 3 is our community invocation. Tonight we will be led by Pastor Bud Henthome with Meridian Gospel Tabernacle. If you will all join us in the community invocation or take this as an opportunity for a moment of silence. Bud. Henthome: Father, first of all, we are grateful today that you no longer require the blood of animals as a sacrifice to atone for our sins. We thank you for the grace and the mercy that we have received. God, we are thankful for those leaders in our past on whose shoulders we stand. We are thankful for those people whose wisdom and foresight has helped make this city to be one of the best places in the world for young people. We thank you, Lord God, for the youth of this community, for their energy, for Meridian City Council April 18, 2006 Page 2 of 99 their vision, for their hope. We thank you Lord God for what they bring to us each day. God, we are grateful that this is a growing community and people from all over the world are coming here. God, we are grateful for the gifts and talents that they bring to our city. We are grateful, Lord God, for the ethnic and cultural diversity that is in our future. We are grateful, Lord Jesus, for -- for the prosperity that we share here in this place and we ask that your continued blessing would rest on the City of Meridian, on its leaders, and on its people, in Jesus' name, amen. De Weerd: Thank you. Mr. Borton. Borton: I'm not too sure how to welcome Councilman Wardle, our president, back, but we do welcome him back to the City of Meridian. We have before you -- to display some of the tourist goodies that he has returning from his trip to Africa on his hunting trip. It might be a precursor to anyone who wants to bring forth an application for a zoo within the City of Meridian. Councilman Wardle will need to recuse himself from any such discussion. You can see from his Africa trip -- I don't know if you can -- you can see the rope that's tied around the ankle of these animals and tied to a tree. We have received word, though, that Councilman Wardle is no longer Councilman Wardle, he is Councilman Umgawa, which we are told from the African natives on his trip means great Council hunter. So, he will be known as that name from now on. Councilman Umgawa, welcome back. We appreciate you bringing back yourself and your assorted carcasses. Well done. Wardle: Thank you. Item 4: Adoption of the Agenda: De Weerd: How do you spell that? Thank you, Mr. Borton. Item No. 4 is adoption of agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We start with our resolution number 06-511, 512, 513, and 514. On the regular agenda, Item No. 8, has been asked by legal to be pulled. Our ordinances on -- we will start with 06-1226 and 1227 and 1228. With that I would move that we approve the revised agenda. Rountree: Second. De Weerd: Okay. I have a motion to approve the amended agenda and a second. All those in favor say aye. Councilmember Umgawa or whatever your name is, did you vote? Wardle: Yes, I did. All ayes. Meridian City Council • . April 18, 2006 Page 3 of 99 De Weerd: All ayes. Motion carred. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of April 4, 2006 City Council Regular Meeting: B. Sanitary Sewer and Water Main Easement Agreement for Monica Subdivision with B2 Investments: C. Water Main Easement Agreement for Heritage Middle School with Meridian School District: D. Permanent and Temporary Easement Contract for the Black Cat Phase 3 Trunk with Soo W. Lee: E. Sanitary Sewer Easement for Heritage Middle School with Meridian School District: F. Water Main Easement Agreement for Silverstone Town Square with Sundance, Co.: G. Sanitary Sewer and Water Main Easement Agreement for Paramount Village Center with Brighton Commercial, Inc: H. Development Agreement: AZ 05-063 Request for Annexation and Zoning of 5.03 acres from RUT to R-8 zone for Quenzer North Subdivision by Brighton Development, Inc. — north of East Ustick Road and west of North Locust Grove Road: I. Development Agreement: AZ 05-066 Request for Annexation and Zoning of .50 acres from R-12 to C -G zone for Meridian Veterinary Clinic by Architecture Northwest — 415 West Franklin Road: J. Development Agreement: AZ 06-002 Request for Annexation and Zoning of 0.43 acres from RUT to L -O (Limited Office District) for Strada Bellissima Subdivision Outparcel by Strada Bellissima, LLC — 3015 South Meridian Road: K. Resolution No. : Adopting Purchasing Policy for the City of Meridian_ Meridian City Council April 18, 2006 Page 4 of 99 L. Resolution No. Ratifying Council's Approval of Meridian Parks Recreation Fees for 2006: M. Resolution No. Public Works Fees Changes as authorized in Title 9, Chapter 1 Water Use and Service, and Title 9, Chapter 4 Sewer Use and Service of Meridian City Code including water and wastewater assessment, water meters and appurtenances, and water system itemized damage fees: N. First Addendum to Contract to Commission an Artwork between Sculptures by BJH, LLC and the City of Meridian: O. Original Pump Station Operation and Maintenance Agreement for Chateau Park with Nampa & Meridian Irrigation District: P. United Water Certificated Area Agreement: R. Approve Beer, Wine. and Liquor License Renewals: Applebee's Neighborhood Grill — Beer & Liquor Bill N Lynn's Place — Beer & Liquor Harvest Buffet — Beer & Wine JB's Restaurant — Beer & Wine Lakeview Golf Club — Beer & Liquor Maverick Country Store — Beer & Wine Maverick Country Store — Beer & Wine Meridian Bowling Lanes — Beer & Liquor Muggsy's Sports Bar — Beer & Liquor Pier 49 Pizza — Beer Pier 49 Pizza — Beer Ram Restaurant — Beer & Liquor Round Table Pizza — Beer & Wine Sidelines Sports Bar — Beer & Wine Tobacco Connection — Beer & Wine Top Shelf, LLC — Beer & Liquor Vina Restaurant - Beer Wal-Mart Stores, Inc. — Beer & Wine Winco Foods #48 — Beer & Wine De Weerd: Okay. Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Meridian City Council April 18, 2006 Page 5 of 99 is Bird: I move we approve the Consent Agenda, which includes Item K, is resolution number 06-511, L is 06-512, and M is 06-513. And for the Mayor to sign and the Clerk to attest on aN proper papers. Rountree: Second. 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. Parks and Recreation Department — Doug Strong / Elroy Huff 1. Discussion of Cost Estimate and Concept Plan for Meridian Settler's Village Square: De Weerd: Thank you. Okay. Under Department Reports we will start with our parks department. Mr. Strong. Strong: Thank you, Madam Mayor, Members of the Council. As many of you will recall, I believe that Councilman Borton is the only person that hasn't seen this concept drawing earlier in the year that was presented by members of The Land Group that's actually put together the concept design and just wanted to do a quick review of what we are looking for in that one remaining comer of Meridian Settler's Park for a proposal of how to develop that comer and is what we are looking for tonight is for your approval before we proceed with any development -- any further development to make sure that this development concept is what satisfies the original intent of the development of this park. In this comer right here is a comer of Meridian Road and Ustick and in the discussion with an advisory committee that we put together to review this concept and several interested groups from the community, the concept of a community comer or community plaza was created and a pedestrian entry at this comer. The primary entry into the parking lot area is off Meridian Road, but we thought that this would make a nice pedestrian entry and as you can see with the designs, it would propose an archway or some kind of welcoming type entry for this comer. And, then, this area would be a plaza area. In the concept what was discussed was the creation of a community gathering place or community building, a relatively simple building that would have, essentially, concrete floors and the ability to open the doors on the side of the building that would be kind of open air in the summertime or that you could close in the wintertime, like in January when we do the chili feed, so that you can both heat it and have year around events in a building that would be -- that would meet fire code, that would have adjacent paved parking, rather than the dirt parking lot that's currently being used at the dairy bam facilities and so forth. So, some kind of community building here, Meridian City Council b; April 18, 2006 Page 6 of 99 0 a central plaza area and, then, a gazebo area with some kind of a stage area or place for other community events or small concerts or whatever in this comer. A pathway connecting, then, to -- in this design an eight court tennis complex and the idea from the advisory group was that an eight -- six to eight court tennis complex would encourage state and regional tennis competition and there is no place, apparently, in the valley that that number of courts would be available in one location where you could have that kind of competition. And adjacent to it are 16 horseshoe courts, a shelter building, and there is the existing restroom building at Adventure Island Playground. So, essentially, the idea is to finish that comer with activities or a design that would be consistent with the way the rest of the park is developed. At the time that the concept was presented you asked for us to come back with a cost estimate of what kind of dollars we are looking at to do this. So, in your packets I think you have seen an estimate of the different elements or facilities that would -- if we were just to put this -- this comer out to contract what it would cost to get that done. Obviously, the project would need to be phased and like other park projects we would be looking for partnerships to build the different components of the park. We currently have eight horseshoe courts that will be -- that the individual that owns them is willing to donate to the horseshoe court area for competition and that's just one example of the kind of things that could happen in the future. So, with that kind of minimal introduction, I would be happy to answer questions that you have after you've had a chance to look at some of these costs. De Weerd: Council, any questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Mr. Strong, as you -- right now are you looking for direction from the Council as far as getting some engineering done, putting that out to bid, and seeing what can or can't be done on this site versus making a decision on specific amenities? Strong: Madam Mayor and Councilman Borton. That's correct. What we really need at this time to go forward with any further plans or development is your approval of a concept for how to develop this area. Already one thing that's changed recently is we had a history center proposed in this area. In discussion with the historical society that that would not be a location for the history center. So, as the plan develops there will certainly be some changes as to how this actually looks, but it would -- we would stay consistent to this concept for how to develop it. And so what we need for our budgeting purposes that we are in right now is approval of the concept, so we can go ahead and put together enhancements that would move us towards the next phase and the next phase would be looking for engineering documents to actually get utilities in and start developing this comer. De Weerd: Council, just to clarify, the historical society will be -- has looked at the brick building that we have on site at the creamery and once we have a structural engineer Meridian City Council April 18, 2006 Page 7 of 99 I] look at that, we do think it is structurally sound and that would be the location for the history center. Any other questions? None? Rountree: I have none. Bird: I have none. De Weerd: I believe that Mr. Strong is looking for direction on how to move forward. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Doug, if the request is merely approval of the concept plan and there is not yet any allocations yet, I take it, for -- Strong: No, it is not. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: If there is no other discussion, I move that we approve the concept plan as presented by Mr. Strong, so we can get some more progress on the completion of development of Meridian Settler's Village Square. Rountree: Second. De Weerd: Okay. I have a motion and a second. I would assume that motion excludes the history center on there in the Concept Plan. Borton: To the extent the concept plan excludes it, sure. De Weerd: Okay. Borton: I know it's at least a moving target. It's kind of a work in progress, so -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: These items will -- I mean once we get the concept -- we got the concept now, but I mean get farther along with some of these other things, I have got some problems with a -- with a history of public money going to clock towers. Meridian City Council is April 18, 2006 Page 8 of 99 De Weerd: Okay. Then, would you like to see another entry -- they kind of show a couple of different things? Bird: Yeah. I think that's something that we can definitely look at. De Weerd: If you will take that in consideration. Bird: And I -- and, you know, get these prices. I realize these are prices six months old or better. Probably add about a 15 to 20 percent to it. Strong: Madam Mayor, Members of the Council, actually, in looking through the price list, some of these prices probably have gone up, some probably we won't need. So, think there is certainly some adjustment in -- you know, these are all estimates. As an example, the tennis court, the seating area is kind of a concrete bulkhead with grassy areas, quite expensive to do it that way. That may not be the most practical way for us to proceed. So, I think as we start actually developing it, we are going to have to address many of those final questions and bring them back to you with each phase of the project. De Weerd: Doug, when they bring back that concept plan, can they show us two different alternative in pricing, so you see with grass seeding or with just a grassy slope. Strong: We can. De Weerd: Okay. Any further discussion? Okay. All those in favor of the motion say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Strong: Thank you. 2. Impact Fee Request for Completion of Season's Park Pump House: De Weerd: Thank you. Next item. Good evening. Huff: Good evening, Madam Mayor, Members of the Council. Can you hear me all right? I can't -- Bird: You bet. Huff. Okay. I will get right to it. It deals with the Autumn Faire pump station. I talked with Council about Autumn Faire's pump station in September, I think, of last fall. At that time we were bouncing some things around with the irrigation district on that site for that Seasons Park site and with Hubble Homes and we were approached by a developer to see if we would go into a regional pump station with them to the west of Meridian City Council April 18, 2006 Page 9 of 99 the park site and bring a line back to the park. That was a really good idea and I like that, because I knew that we would come out on the top side of that costwise and that went on for several months and, then, in some investigation I realized that they weren't going to be able to develop west for awhile. So, that kind of went down the drain. So, from there I let that sit and just cool off a little bit and we came back later and started looking at that again. It took quite awhile in negotiations with the irrigation district to figure out a good way to get water at this site. Now, we had water at the site, but not enough that we wouldn't be in a 24 hour water situation. So, in some negotiation with them, we figured out a way to make that work, so we re -approached Hubble and the irrigation district and asked them for some help on this site. The irrigation in an earlier construction phase from a developer had some money that was dedicated to the upgrade of irrigation to this subdivision. They cannot upgrade their pump stations anymore than they already have. There is no more capacity. So, they offered to bring some money, which was 18,000 dollars, to this pump station site and to put it in there. In conjunction with that, they offered some other equipment to this site that they had that was new that had not been used. The value of that is about 2,000 dollars for a screening structure for a pump station. So, they are going to donate that to this pump station overall cost. And they are having that meeting tonight at the irrigation district and I had a good long talk with John Anderson about that. He's the one that talked to them about that. He said he feels like it's a done deal, other than he's got to talk to the district board about reallocating that money to this site. My negotiations with Hubble -- I've talked to them several times. They like what's going on here. They seem to be interested in that. The last few days I haven't been able to raise them. And no matter what happens, I have to build a pump station to get surface irrigation water to this park. I have fresh water to this park, which we will have to run off for a month or so and get the rest of the pump station built and, then, we will be able to have surface water from here out. That's a pretty short tail of the whole thing, but in the end they'll still have to build a pump station. It's easier with all the things that go on for me to do it and make sure that it gets done right and, then, if I can get clearance from Hubble to come on, then, our costs -- our overall costs for that pump station will go down, because that money will be reimbursed to the city. If they don't, I'll make some changes in the pump station. The cost will still come down and we will just go forward with what we have. It's what I have to do anyway. De Weerd: Council, any questions for Elroy? Bird: Elroy, give me a -- what does this pump station -- does this include all the pumps and everything like that or are those already -- they are not -- they are not in this park. This is -- is this the building over the pump? Huff: This is complete. Bird: This is the pumps and everything. Huff: Everything. Meridian City Council April 18, 2006 Page 10 of 99 Bird: Okay. Huff. And what the public gets out of that whole deal, if they come on line with us, what they get is they get two holes in that pump station to put pumps in to upgrade later. That's what they get. They'll just give us the money that's their half -- about their half of paying the infrastructure installation of that. That's what their part is. Bird: Follow up? Huff: Still what I have to do, no matter whether they are on line or not, I still have to do that. Bird: Follow up. Now, we don't have signed agreements with neither Nampa -Meridian or Hubble Homes at this point? Huff: Right. I believe that we will be okay -- Bird: Just verbal agreements. Huff: Right. We do -- and I think that those will come along okay. Hubble has that choice to make of when they can develop that site to the west. They are very interested in staying in one site and I think it will work good from that site, it just depends on whether they want to, but they are smart enough to know how to save themselves 20 or 30 thousand dollars and they were right up front on that. Bird: And we save $5.18 by -- Huff: I thought about that later, but it was too late. Diane deals in accuracy, so -- but, anyway, somewhere close to that is what we would be requesting from Council tonight. Bird: Tell her we will take up a donation. Huff: But it should work well. What happens with that is -- is we get our park watered in a timely manner. We also provide some extra water to the Autumn Faire, Tricia's Crossing sub, which is just about at their capacity of existing pumps. So, what we get is we get something from them and they get something from us. It works out. De Weerd: Any other questions? Bird: Madam Mayor, I do have one. I think it's just a clarification seeing how we don't have agreements with Hubble or Nampa -Meridian right now, we need to make, I believe, the motion for the 80,000 right now, because we do not have a signed agreement. So, if the park liaison feels up to that, that would be my opinion. Borton: Madam Mayor? Meridian City Council • April 18, 2006 Page 11 of 99 De Weerd: Mr. Borton. Borton: Councilman Bird, I -- you're right on the money. We are sort of backed up against the wall. It sounds like Elroy has done diligent work and Nampa -Meridian and Hubble have both indicated to you, at least orally -- Huff. Sure did. Borton: -- that they are in agreement to share -- I note that Hubble's portion you list at 26,365? Huff: Yeah. Borton: You have also used the word shared equally. Is the intent that they are going to split the cost 50-50 with the city? Huff: It's not quite 50-50, because there is a few things that we put into pump stations they generally don't. That's what reflects a little bit difference in -- a few thousand difference in cost between us and them. It's close to 50-50, except that one thing that we -- a couple things that we put in there they don't need to put in theirs and it may be ours is in there, but we exclusively use it for us, not for them. Bird: Another question. De Weerd: Yes. Bird: Elroy, I don't want to put you on the spot or anything, but is 80,000 enough? We are not going to have to come back and have change orders and stuff like that? Do you feel comfortable with 80? Or do you need 85 or do you need -- what? Huff: Sure. No. The prices change all the time. I can tell you how old these numbers are. About two weeks. Bird: Okay. Huff: I haven't made any other changes. I did try to build in some contingency. It's not listed separately here, so that's kind of where I'm at. Bird: And you feel comfortable with that? Huff. Yeah. Bird: Okay. De Weerd: Okay. Do I have a motion? Meridian City Council April 18, 2006 Page 12 of 99 Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we approve -- effect the requested allocation of $80,005.18 for completion of the Seasons Park pump house. Bird: Second. De Weerd: Okay. We have a motion to approve the request in front of you. Nary: Madam Mayor? De Weerd: Any discussion? Yes, Mr. Nary. Nary: Whether you want to include it in this motion or in a subsequent motion, I got the sense from the Council you want them to complete the process of getting the reimbursement agreements done, as well as the reimbursements going back to the impact fee account. So, you can do that as either part of this motion or separately, but you may want to include that direction as well. Borton: The motion maker would include that in this motion. Bird: The second would agree. De Weerd: Okay. Any further discussion? Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. 3. Discussion of Resolution Establishina the Meridian Parks & Recreation Commission and Adot2tina the By - Laws of the Meridian Parks & Recreation Commission: De Weerd: Thank you. Okay. And Item 3 under A. Is that Doug or Mr. Nary? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I think this is probably both. The parks commission, when they began the year, one of the charges that the president of the commission wanted was to complete the bylaws for the commission's operation. He did a draft, I reviewed the draft, made some changes and amendments, and they did review them at their last meeting and did approve them and so there is a resolution at the end Meridian City Council • April 18, 2006 Page 13 of 99 of your agenda tonight to formally pass those bylaws if they meet the Council's approval. There was a question that was raised last week regarding whether or not the appropriate title of the head of the commission is chairman or vice-chairman. I did check. We did make an amendment to the parks commission ordinance in 2004 and it did change the title to president and vice-president. So, that is the right term that's in the bylaws as to what the heads of those -- that commission is referred to. So, the bylaws are correct as written. If they meet the Council's satisfaction you have a resolution to approve them. If you want other changes, you want to remand that, that's up to you. De Weerd: Do you have anything to add, Doug? Strong: Madam Mayor, Members of the Council, I think that one thing to point out that this was a goal early in the year for the commission to accomplish this task. They talked about bylaws for several years. So, something that they moved quickly on and certainly appreciate the attorney's office helping sort out the initial draft down to what fit with the existing ordinance and what ended up in the bylaws. So, I think this will just be a good procedural policy to follow for the commission. De Weerd: Thank you. Any questions from Council? Okay. Mr. Borton. Borton: Madam Mayor? De Weerd: Yes. Borton: I would like to say that the parks and rec. commission -- I'd like to give them kudos for the fantastic job when I see them through and get the bylaws approved and the time they take trying to make sure they comment on and participate in the development of the parks and recreation opportunities in Meridian, each and every one of them do a fantastic job and take it very seriously and I appreciate that and I know fellow Councilmen do as well. I think these bylaws go a long way towards firming up their roll as active players in the development of our parks and we encourage and appreciate their efforts in doing so. With that I would move that we do approve the bylaws of the Meridian parks and rec. commission. Bird: We've got to wait. We have got a resolution at the end. Borton: Then I don't. Just excited about parks and rec. De Weerd: Certainly I hope you do pass on Councilman Borton's comments to the commission and with the agreed upon sentiments from certainly the Mayor and I'm sure the Council as well. Strong: Thank you. B. Police Department — Bill Musser Meridian City Council • • April 18, 2006 Page 14 of 99 1. Update on Current Hiring Challenges and Chance to Current MPD Hiring Policy to Drop Requirement for Intermediate Certification to Basic Certification: De Weerd: Thank you. Okay. Item B. Chief Musser. Musser: Madam Mayor, Members of the Council, as a means of highlighting where we are currently at with hiring, I thought it would be best to do a department report tonight to let you know that we have eight openings and I'm looking at July to have to fill some of those openings. However, Meridian is in pretty much the same boat that a lot of other people are in terms of police departments around the nation in that it's becoming a real tough market for our officers out there. One of the main things that we are looking at is -- I do have a policy at this point, which is in place under our department policy 2- 1-6, Section D, Item P, as in Paul, which does require an intermediate certificate in lieu of the 60 college credits to be able to apply to the Meridian Police Department. What I'm asking for is consideration and a possible motion that would allow me to go ahead and change that to a requirement of a basic certificate only, as opposed to the intermediate, which would expand our potential candidate base as we move into this need to hire the additional officers before July. In conjunction with that, we also are facing some problems in that publicsafetytesting.com, which we have been utilizing for our testing, won't be doing another test before August in this immediate area, so we are securing the means right know to be able to go out and do our own testing at this point utilizing a national company to be able to help us do that on site here in Meridian and utilize for the occasional -- a web -based test as well. Funding on that looks like we will be able to accommodate within our current budget and I'll have more for you on that as we get closer to that, but in order to move forward I did want some consideration regarding the change in the current policy, if it's in the agreement with Council. De Weerd: Thank you, chief. Any questions or comments? Mr. Nary. Nary: Madam Mayor, Members of the Council, from the human resources department we would also support this policy change and the recruitment phase. It is a challenge. I mean as the chief has stated, there is very active recruiters for various police departments in our local area and the pool is -- of quality candidates is sometimes pretty challenging to get to and I think this change will help in our recruitment without lowering the hiring standards that we have. I mean we are still going to have all the background and all the other things that the police goes through, but it just allows us to have a larger pool of candidates to select from and I think it's a good change that the chief is proposing. I would suggest if the Council is in agreement, if you want to move to approve this policy, we can do that and we can also bring back a resolution. I believe -- and chief can correct me if I'm wrong -- I think the whole policy manual that you operate from was approved by the Council initially and so, therefore, this policy change would probably make sense to have another resolution and we could follow that up next week. But if you're in agreement with it, we can go forward on it now. Am I correct, chief? I was going to look it up real quick, but I thought we did it that way. Meridian City Council April 18, 2006 Page 15 of 99 • Musser: Madam Mayor, Members of the Council, Mr. Nary, you are correct, annually I do bring in a revision of the policy manual to cover those areas. However, this one is significant enough we need to start moving forward. I did definitely want to have some determination onto Council, especially where it does concern a policy issue as we move forward on it. De Weerd: Thank you, chief. Mr. Wardle? Wardle: Madam Mayor, I was simply going to agree with the chief and the HR department and make a motion if there were no more comments. De Weerd: Any comments? Bird: Let's go for it. De Weerd: Thank you. Wardle: Madam Mayor, I move that we approve the policy change for the police department on current hiring challenges and -- or, excuse me, change to current MPD hiring policy and direct staff to draft a resolution and bring it back to the Council for approval. Bird: Second. De Weerd: Okay. There is a motion to approve and a second. Any discussion? And since this is a policy, I know we will be voting on a resolution, but I will ask the clerk to call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. C. Public Works Department — Len Grady 1. Public Works Zip Code Addition for the City of Meridian: De Weerd: Thank you. Okay. Item C. I know I don't see Len Grady over there, so take it. Freckleton: Thank you, Madam Mayor, Members of the Council. The part of Len Grady will be played by Bruce Freckleton tonight. First of all, I owe you and the Council an apology, as this is old news that I'm bringing before you tonight. Our initial plan was to report to you at last Tuesday's City Council meeting about the proposed change from the U.S. Post Office for a new zip code in Meridian. Unfortunately, we had kind of a Meridian City Council April 18, 2006 Page 16 of 99 breakdown in communication in the office and the right hand didn't know what the left hand was doing and we didn't get it on the agenda, so I apologize. Basically this -- this proposal will take effect on July 1st. Properties north of Fairview -Cherry Lane to Chinden Boulevard, with the exception of the businesses or residences that have frontage on Fairview or Cherry, will get a new zip code. The new zip code will be 83646 and the post office will, basically, honor both zip codes for a period of time, so that would allow people time to officially get their zip codes changed with all their bill collectors and everybody else. So, that's basically it. If there any questions? De Weerd: Any questions from Council? Bird: I have none. Rountree: I have none. 2. Memorandum of Understanding between the City of Meridian and the Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints: De Weerd: Okay. Item 2 is an MOU between Meridian and the LDS church for what? Radek: Madam Mayor, Council Members, I will be playing the other half of Len Grady tonight. My name is Kyle Radek, I'm a staff engineer in the Public Works. This item is a memorandum of understanding between the LDS church and the City of Meridian. And if you look at the vicinity map you can see where the -- we are calling it the CPB, because it's the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter -Day Saints and CPB is much shorter and nicer to say. You can see where their property is off of Lake Hazel Road and they desire to be served by city water. We desire to serve them. That will require the construction of a -- quite a bit of 12 inch water main, which is kind of a common thing to put on an MOU and a reimbursement agreement. What's a little less common about this particular one is in order to properly serve properties that are located by the CPB property itself and, then, properties around there at the top of the hill, we need to come from the -- the new Black Rock booster station to get the pressure we need and the flow we need. So, in this MOU we put that the 1,660 linear foot of the ten inch waterline coming from the booster station, may be eligible for reimbursement if it proofs to be of benefit to the city, because that line will not remain once the infrastructure comes in around this property, that line will at some time before be obsolete. So, we wanted to present this to the board and the Mayor to have some discussion on how they felt about that as we move forward with the agreement. But we do recommend that the board approve this MOU. De Weerd: Okay. Council, any questions? Okay. And you are seeking approval of this; correct? Radek: Yes, ma'am. Meridian City Council April 18, 2006 Page 17 of 99 De Weerd: Okay. If there is no comments or questions, Council, I would need a motion. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the MOU as stated and authorize the Mayor to sign and the Clerk to attest. Bird: Second. De Weerd: Okay. There is a motion to approve the MOU. Any discussion? Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. D. Planning Department — Anna Canning 1. Budget or Line Item Amendment for Planning Department: De Weerd: Well, thank you for both as stand-ins for Len. We will let him know he was well represented. Okay. Item D is our Planning Department. Canning: Madam Mayor, Members of the Council, I just handed out to you a budget amendment and I'd like to go through that with you, take a quick opportunity to go through it and explain what that is. It is a request for -- to fund a graduate intern within the planning department and I think that this would be a real benefit to both the short- term and the long-term needs of the department and for the city. Some of you may or may not know, BSU is trying to get a graduate certificate in planning going and with that they will have graduate students who need to fill an intern requirement. There is also -- University of Idaho has an architectural graduate program that has internship requirements that are often looking for internships. So, we would have a potential pool of applicants locally to fill this intern position. In my recent hiring efforts I have discovered that a lot of graduate students want to fill the associate city planner position and almost none of them have any sort of local government experience that would be of benefit in hiring them to this position. So, I really do see this as a benefit to the universities, as well as to the city, where we are getting these potential applicants that need some -- particularly site analysis training and it would help to serve some of the administrative and lower level planning functions for the office and, as I said, benefit long term in training potential future associate planners. The position can be funded from my current budget. I would need to transfer some from my personnel expenses to my operating and my capital expenses. The transfer to operating would be 775 and Meridian City Council April 18, 2006 Page 18 of 99 that's to go for mostly a chair and some other -- a phone was the other one. So, that's what most of that is for. And, then, 1,700 would need to go in for a computer. So, I would -- I can answer any questions you may have on it now. If you'd like to wait until next week to act on it, I understand that completely, since this is new information for you. So, again, this would just be a line item transfer and it's for an intern position, so it would be a short-term commitment. I could bring this back to you with the fiscal year'07 budget if you'd like also, so -- De Weerd: Okay. Do you have a desk to go with the chair? Canning: I bought the desk already to go with the chair. We happened to have an extra desk left over from the -- kind of the clerk function that was in the office. So, now I'm just short a chair and computer and phone. De Weerd: Any questions from Council? Bird: Let's don't wait. She needs another person still. De Weerd: Okay. This is a line item transfer, not a budget amendment, but would you like to take it up next week or -- Bird: Let's do it now and get going. De Weerd: Mr. Wardle. Wardle: Madam Mayor, I think we can handle this right now. Did the clerk take the chair? Canning: No. He took the computer. He didn't take the chair. Bird: The clerk has got a desk here, I hope. Wardle: Madam Mayor, I move that we approve line item budget amendment for the planning department in the amount of 8,745 dollars. Rountree: Second. De Weerd: Okay. There is a motion to approve the request in front of you. 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: Meridian City Council • April 18, 2006 Page 19 of 99 De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Pretermination Hearing for Rozann & Douglas Anderson, 52 Rose Circle: De Weerd: Item 8 has been withdrawn from the agenda. Item 9: Continued Public Hearing from March 14, 2006: AZ 05-057 Request for Annexation and Zoning of 17.25 acres from RUT and R1 to R-8, R-15 and C -G zones for Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: Item 10: Continued Public Hearing from March 14, 2006: RZ 05-019 Request for a Rezone of 10.05 acres from C -G to R-8, R-15 and C -G zones for Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: Item 11: Continued Public Hearing from March 14, 2006: PP 05-059 Request for Preliminary Plat approval of 54 single family residential lots, 22 multi- family residential lots, 14 common lots and 7 commercial lots for Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: Item 12: Continued Public Hearing from March 14, 2006: CUP 05-052 Request for Conditional Use Permit for Mixed Use Regional project within 300 feet of a residence for Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: Item 13: Continued Public Hearing from March 14, 2006: MI 05-013 Miscellaneous request for a Private Street application for multifamily and commercial development for Bienville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: De Weerd: So, I will go to Item 9, which is a continued Public Hearing from March 14th on AZ 05-057. 1 will also open 10, 11, 12, 13,14 -- no. Fourteen. Nary: Not 14. Canning: Not 14. De Weerd: As well. With staff comments. Canning: Madam Mayor, Members of the Council, you heard the Bienville Square application on March 14th and at that time you asked the applicant to come back for more details on the architecture of the residential and commercial buildings on the site and also to provide more information about the cross -access through the property to the Meridian City Council • April 18, 2006 Page 20 of 99 north. So, the Bienville property includes this portion that's already annexed and, then, this unannexed, unzoned portion here. So, with that I will answer questions Council may have, but I think that what you really wanted to do was hear from the applicant and, then, you still have the question of the variance to consider after this application. De Weerd: Okay. Is the applicant here? Thank you. If you will, please, state your name and address for the record. Unger: Madam Chair, Councilmembers, my name is Bob Unger, I'm with Redcliff Development. Our address is 787 East State Street, Suite 125, Eagle. 83616. And, Anna, do you have that -- Canning: Did you give me a disk? Unger: Yeah. I brought it in this morning and gave it to staff and they loaded it on your computer. I hope. Canning: Okay. Sorry. Just a moment. De Weerd: Okay. And for the record, Council, as Anna does that, you do have a number of letters in front of you that the clerk's office did photocopy as they received it. Mr. Berg, will you, please, read the names of those letters into the record. Berg: Thank you, Madam Mayor. I'm just checking to make sure I had all four of them. A letter from Jim and Joan Lott. Raymond and Kathy Tomzcak. Betty Rosso. And a whole bunch of people it looks like from their area. Has the applicant seen these? Unger: No, we have not. Berg: These are -- it looks like they all were received today. In fact, some of them were received after 5:00 o'clock today. Canning: Sorry, Madam Mayor, Members of the Council. My computer blew up. De Weerd: Is it fatal or just temporary? Canning: I think it's just temporary. There you go, Bob. Unger: Thank you. Okay. As Anna had commented, in our last meeting of March 14th, the Council specifically requested that we bring back to them four or five items that they wanted some clarification on specifically and what -- that's what we have brought before you this evening. Go to the next one, Anna. One of the first things we want to show you is that there were concerns -- you wanted to see what our retail buildings would be looking like, so we have gone to BRS Architects to ask them to prepare a couple of elevations for you. This is a -- the general design of the retail buildings that we would be considering for the project. And, Anna, if you could go to the next one, please. And Meridian City Council April 18, 2006 Page 21 of 99 this would be the design for the office building within the project. We haven't quite decided which of the colors that we would like to work with. Once, again, we have got this prepared by BRS for us. If you can go to the next one. The four-plex structures, I believe Mr. Rountree wanted to see a better view of what these buildings would look like. I think there were concerns about them looking more like a barracks. These are the buildings that we are proposing on the project. We have a couple -- actually, four different color variations. This is blue with beige. This is a dark beige, light beige combination. And very hard to see here. This is a -- this is a dark red and a light green combination. We also would be -- you know, we have got wainscoting along the front of the buildings. So, those are the four-plex buildings that we are proposing. If you go to the next one. I believe the last time we were -- we only had one building to show you as far as the rear load buildings. We now have these three buildings that we would be proposing along the rear load portion of the project. And, then, this would be -- these are the buildings that we would be proposing for the western property, the western boundary along those lots, which are our larger lots within the project, trying to breakup a -- put together a nice variety. These we have gotten from Hunter Homes. And the other item that I believe the Mayor specifically requested that we bring back -- there were concerns about how we were going to have cross -access, what were those cross -access aisles through the Sadie Creek Promenade project here, which would gain us access to Ustick Road. What we have drawn down in here -- we have drawn in the specific aisles that we feel are the appropriate cross -access aisles from us to access at Ustick. We have been in discussion with Lan Barrett, who is the owner of the project -- or of the property of the Sadie Creek Promenade. We are preparing cross -access documents. They are being prepared between our development and theirs to provide them -- because they will also need cross -access through our project, in addition to our needing access through their project. And, of course, this would be a public road and we are also -- what also is being prepared is a construction easement in the event that we are able move forward and develop before they are prepared to develop, so that we can go ahead and construct this road and when they go in and develop their portion, their property, and get a recorded plat, then, this would be dedicated as required by ACHD and by the city. So, we feel that we have got a very good cross -access here. We have got some room for traffic to flow over to Ustick and gain all three of these accesses and we think we have worked this out very well with the adjoining property. And I believe that covers the items that the Mayor and the Council wanted us to bring back. So, I'll stand for any questions you might have on that. De Weerd: I guess, Mr. Unger, my question was on that tot lot. Unger: I'm sorry. Oh, the tot lot here? De Weerd: Uh-huh. Unger: And your question was -- I'm song. De Weerd: Well, it's just right behind a commercial or office and I thought it was an odd place to put a tot lot so close to that kind of retail. I guess it was my impression that you Meridian City Council April 18, 2006 Page 22 of 99 were going to look at the possibility of relocating or providing some kind of safety features to that. Unger: Madam Mayor, in -- I believe we did discuss that this will be fenced. And there is a 25 foot landscape strip that's required on the Sadie Creek side and, then, we have at least -- at least 30 feet to that point there. And we also discussed the possibilities of kind of fencing off the playground area. But this certainly would be fenced all the way up through here. If the Council wished to -- would like for us to move that, we do have other areas we could relocated it to. It's just that we have a clubhouse here. We are putting a clubhouse here. A pool here. And the parking and everything. It's all pretty well designed so that we can -- you know, so we'd have a nice playground area here and access in this area. But if it's the Council's wish that we relocate that, we will be more than glad to do that. De Weerd: Okay. Any comments? Bird: Madam Mayor, what's your concern with it being there? De Weerd: Well, at the time I don't think we knew if there was a roadway or what the front or the back of that commercial or office and what kind of safety precautions were there. You know what can go on behind buildings that don't have any windows to them, so -- Bird: But being close to the clubhouse and the pool, I don't know where there would be a better place, to be truthful with you, as it sits now. De Weerd: Okay. Any other comments? Did the applicant answer your questions at this point? Rountree: Yes. De Weerd: Okay. Okay. Thank you. Okay. We do have a number of people who have signed up and indicated opposition to this application. When I call your name — yes, Mr. Unger. Unger: Sorry. I don't mean to interrupt, but I thought that we were tabled for these specific items only. So, it kind of catches me off guard that we are going to take more testimony. Nary: Madam Mayor, Members of the Council, my only direction was it was continued only for those items. I mean, certainly, people can comment on what you brought back, because they have never seen it before. Unger: Okay. I'm sorry. Nary: But if -- so, if the staff -- or the testimony confines itself to that. Meridian City Council April 18, 2006 Page 23 of 99 Unger: Thank you. De Weerd: Okay. So, with those side boards placed, I do have some people who have signed up. If you'd like to provide testimony, when I call your name if you will come forward. Betty Rosso. Against. Okay. Okay. Something Town. Okay. Was also signed up and did not indicate for, against, or neutral. Okay. It is noted as against. Candy Seeley against. Okay. Linda Morris against. Adaline Chambers against. Jerry Morrisette. Against. And Billy Knorpp. Against. And I know I already asked you how to pronounce your name. Did I mess it up again this year? Knorpp: You're pretty close this time. De Weerd: Okay. Well, you printed it better this time. Knorpp: Well, I did something better. Yes. I was more careful. With two silent letters to my name it's hard to get it right. First and last letters are both silent. My name is Billy Knorpp. I live at 2972 Leslie Drive. The only reason I decided to say something this time was it appears that some of the things that were agreed to before have not actually come. So, I'm just talking about this access here and what was described before. This part right here is supposed to have, as is the whole path, a double barrier of trees all along that path. It appears they changed the drawing, so that right there there is a road going right along the path there will be no double barrier of trees, which was promised in the original last time. That is when we met here last time, that was what was promised, that there would be a double barrier of trees all along there, just as sort of an aside, none of us like the fact there is going to be high density housing there right in back of our properties. So, a good barrier -- if we can't stop that, the minimum we need is a good barrier and that's why I say as it appears here that that was changed and along here where I'm pointing, and possibly here where this playground is or whatever it is that's there, it's hard to tell from the drawing. I'm just guessing, because he didn't actually describe any detail this time about that, of course. It wasn't his intention to do that. Nor was it the reason for this. I only bring it up, because it appears to have changed from the agreement we had last time when you had the whole project being explained to you. So, what I would hope is that that -- that there would be -- that a good barrier, which has been described before, at least we will get -- if we -- if we can't make what it was originally planned, which was light office in back of us, that at least we have a very good barrier between us and all those high density homes. De Weerd: Okay. Thank you very much. Any questions? Anna, can you tell if that has -- Canning: Madam Mayor, Members of the Council, this is the slide I had from the previous application. The orientation has shifted, but from what I can tell, it looks the same as what they provided then. So, I don't believe they have changed this layout at all since the last one. Meridian City Council • APril 18, 2006 Page 24 of 99 0 De Weerd: Okay. And we will ask the applicant as well. But thank you. Bird: Madam Mayor. De Weerd: Yes, Mr. Bird. Bird: What -- as you go up, what's the trees showing there? That does show a double tree. See, kid, down on the -- right there on the comer in the -- Canning: These? Bird: Yeah. Then over here she shows double trees. Way over. By themselves. Canning: This right here? Bird: Yeah. Canning: Yeah. That was -- unfortunately, that got clipped off. I think that was a profile of this -- Bird: That's what I mean. Canning; Yeah. I think it's still in the record. Bird: That's a profile that shows along there, so there was double trees? I thought somebody had mentioned something about double trees. Canning: So, it is in the record from the commitment from last hearing. De Weerd: Okay. Is there any other testimony on this application? Okay. Mr. Unger, any final remarks? Unger; Madam Chair, Council, Bob Unger, again, with Redcliff. We have made no changes whatsoever to this plan. We still have the double row of trees with the path in the middle of them and, then, the wrought iron fence and the 18 foot area for the Nampa -Meridian. So, there have been no changes whatsoever made to this plan since our last meeting. De Weerd: Okay. And all you did was bring back the elevations as requested. Unger: Yes, Madam Mayor, that's correct. De Weerd: Okay. Any questions from Council? Bird: I have none, Mayor. Meridian City Council April 18, 2006 Page 25 of 99 De Weerd: Okay. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. • Borton: Yeah. One question, Mr. Unger. From the continuation of last meeting were you contacted by any of the homeowners to talk about the issues that are here today, specifically, the design of the residential buildings? Unger: I personally was not and I'm not aware of anyone within our office that was contacted. Borton: Okay. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Just for the record's sake, since Mr. Unger has just received these letters tonight addressed to the Council, have you had adequate time to review and you feel you have had opportunity to address -- I think the concerns have been raised previously, but I just wanted to be sure that you didn't think you needed any other time for responding to those. Unger: Yeah. Madam Mayor, Mr. Nary, I believe people from our office have gone through these and we did get a chance to look at them. I think you're right, they are just reiterations of what you heard at the last hearing. In fact, I would even question whether we could even accept these since that hearing has gone, but it's the same thing we have heard before, so we are okay with that. De Weerd: The public record was not closed, so they -- they are on public record. Unger: Okay. De Weerd: Okay. Any other questions, comments from Council? Okay. Thank you. Unger: Thank you very much. De Weerd: Anything else, Anna? Canning: No, ma'am. De Weerd: Okay. Council? Meridian City Council April 18, 2006 Page 26 of 99 Rountree: Madam Mayor, I move that we close the public hearings for Items 9 through 13. Bird: Second. De Weerd: Okay. The motion is to close the public hearing on Items 9 through 13. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Any discussion? I do have a summary and if there is no comments, I would entertain a motion either direction. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve AZ 05-057, request for annexation and zoning of 17.25 acres from RUT and R-1 to R-8 and R-15 and C -G zones for Bienville Square Subdivision by Redcliff Development, LLC, and to draw up a development agreement and also new Findings of Facts and Conclusion of Law as -- because we have had a lot of new testimony and to include all staff, applicant, and public testimony into it. Have I forgotten anything on annexation, have I? Okay. Canning: Clarification on the motion, ma'am? De Weerd: Yes. Well, let me have a second -- Canning: I'm song. De Weerd: -- if I'm going to get one. Rountree: I'll second. De Weerd: Okay. Second for discussion. Yes, Anna. Canning: Madam Mayor, maker of the motion, just a clarification. You said a new DA and there is, actually, a DA on a portion of this, so I assume we can interpret that to mean a modification to the existing development agreement? Bird: Yes. Canning: And should that development agreement include the elevations as presented tonight? Bird: Yes, they would. Meridian City Council • April 18, 2006 Page 27 of 99 Canning: Okay. Thank you. Bird: That's the new -- and, then, with the -- when we get to the P and P it will -- the new elevations shown tonight will be part of that, won't it? Rountree: Should be. Bird: It should be. We'll include it in the motion one way or the other, Anna. Canning: Thank you, sir. De Weerd: Okay. Anna or Mr. Nary, the development agreement, as the modifications being requested, would include the fencing, the landscaping, and all of these details that previously were committed to. Okay. Nary: Yes, ma'am. De Weerd: Okay. Any further discussion? Hearing none, Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, nay; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Okay. Thank you. Okay. That was Item 9. Item 10. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve RZ 05-019, rezone of 10.05 acres from C -G to R-8, R-15, and C -G zones. Rountree: Second. De Weerd: Okay. I have a motion to approve and a second. Any discussion? Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, nay; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Okay. Item 11. Bird: Madam Mayor? Meridian City Council April 18, 2006 Page 28 of 99 De Weerd: Mr. Bird. Bird: I move we approve PP 05-059, request for preliminary plat approval and the preliminary plat will be the one shown on 4/18/06 Public Hearing. I don't know what the date is on the new one, but that should take care of the part. And that will do that. Rountree: Second. De Weerd: Okay. There is a motion to approve Item 11. Is there any discussion? Okay. Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, nay; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Thank you. Item 12. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve CUP 05-052 for Bienville Square Subdivision and this is where we -- in the Findings and Conclusions of Law, all elevations will be as shown in the Public Hearing on April 18th, 2006. De Weerd: Okay. Do I have a second? Rountree: Second. De Weerd: Okay. There is a motion to approve Item No. 12. Is there any discussion? Mr. Berg, will you, please, call roll? Roll -Call: Bird, yea; Rountree, yea; Wardle, nay; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Okay. And, Mr. Bird, Item 13. Bird: Madam Mayor, I move we approve Mi 05-013, Bienville Square Subdivision, private street application, and to add all staff, applicant, and public testimony. Rountree: Second. De Weerd: Okay. A motion to approve Item 13. Hearing no discussion, Mr. Berg. Meridian City Council April 18, 2006 Page 29 of 99 Roll -Call: Bird, yea; Rountree, yea; Wardle, nay; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. Item 14: Continued Public Hearing from March 14, 2006: VAR 05-023 Request for a Variance to allow access to a state highway for Blenville Square Subdivision by Red Cliff Development, LLC — 2935 North Eagle Road: De Weerd: Okay. I will go ahead and open Item 14. Mr. Rountree. Rountree: I need to recuse myself. De Weerd: Okay. Mr. Rountree is recusing himself. I will go ahead and open this item VAR 05-023 with staff comments. Canning: Madam Mayor, Members of the Council, the applicant is requesting one new access point to Eagle Road that is not located at the half mile. I can go back up to the vicinity map to show you where the half mile would be. This is the half mile location. We do anticipate that these properties will develop in the relatively near future. We also anticipate that there will be a light at this half mile location, that there will be a collector road system on the east side of the road and I guess I'll talk about that briefly for future hearings, but there will be a collector road on the east side and coming down from here and it will go to the west as well. But it does not have connection to this property. So, they are requesting their access approximately in this location. It would be right -in, right -out with a possible left in as currently proposed. I think the Planning Commission was recommending it be a full access. Although they didn't take action on this variance, they did make that recommendation or that statement. Staff is recommending denial of the variance to the half mile location for the access to Eagle Road for many of the reasons that we have discussed in the past. It does not meet the ITD policy for access at the half mile. They have conditionally approved it pending Council's approval of the variance application. Two, there was no lawfully existing use on this property prior to the enactment of the standard for the half mile access only, so there was no prior approval for this property. This property does have access to several points along Ustick Road as demonstrated previously by the applicant. There are three approaches on Ustick Road that they will have cross -access agreements to and they also have a public street coming down through the Sadie Creek Promenade project that will provide access to this property. The fourth item is the increased risk and likely occurrence of accidents along Eagle Road with the additional access points. I believe the pre -Council hearing tonight demonstrated that very -- in fine detail and that has been a continuing concern of planning and the police department staff. I believe you also have -- no. I'm sorry. I'm on the wrong one. For the fifth reason that staff is recommending denial is that it does not meet the variance findings. Staff does not feel that there is an undue hardship, because of the characteristics of the site. Staff has worked very hard to insure that they have cross -access to Ustick, thereby eliminating the need to have access onto Eagle Road. Staff feels that this will be detrimental to the public, health, safety and welfare by creating additional access points -- accident and collision points. Meridian City Council April 18, 2006 Page 30 of 99 If you look in the staff report you will note that six of the top ten intersections in Meridian for total number of accidents, six of those intersections are along Eagle Road. And the other finding required for a variance is that it shall not grant a right or special privilege that is not otherwise allowed in the district. This is a fairly new standard. You did deny the one for the property to the north and staff feels that this would grant a special privilege to this property. So, I will do the abbreviated hearing, since I know you had a long pre -Council discussion on access management and answer any questions that you may have regarding the variance application. De Weerd: Okay. Council, any questions for staff at this time? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Anna, I think I know the answer, but staff is not even recommending right -in, right - out, right? Canning: Correct. Bird: No access at all. Canning: Correct. Bird: Anyway, shape, or form. Thank you. De Weerd: Any other questions at this point? Okay. Would the applicant like to make comment? Unger: Anna, can I get that back up again? Canning: You're asking a lot, Bob. Unger: I'm song. Canning: Hopefully, it won't crash this time. Look at that. Unger: Madam Mayor, Council, my name is Bob Unger, I'm with Redcliff Development. Once, again, our address is 787 East State Street, Suite 125, Eagle. 83616. As staff has pointed out to you, we are requesting a -- I can work with this. Bird: It's shown right there. Unger: We are requesting a -- actually, a variance from you all's code. We are requesting an actual full access at this location. It is one quarter from the intersection of Eagle Road and Ustick Road. And this particular plan that you see that we are showing Meridian City Council April 18, 2006 Page 31 of 99 you here is a plan that was actually prepared a few years ago when the annexation of the Rewe property, which is a portion of our project, was annexed with a development agreement. As you can see in the development that's located over here, they have a frontage or a backage road that comes over to the half mile point. We have the same situation over here in Lowe's, which this backage road could be continued over and tied into this half mile point. They also have a quarter mile right -in, right -out here. In addition, this project also has a right -in, right -out along Eagle Road. At the hearing that we attended last with you folks, which was the March 14th hearing, we had ACHD in here discussing the road, a backage road that would line up here and ultimately come down and tie into the half mile point here, which is also the location where the school is at and that's the location that Anna had pointed out to you that could be signalized in the future. The one difference with our development and our property that the others don't have is that we have the Finch Lateral coming through here and we also have Carol Subdivision right in this area here, which prevents any backage road from going over and connecting into the half mile point. If that were the case, it would certainly make the development of all this property considerably easier. We did receive a letter from ITD, which is dated March 28th, which was copied to your staff, where the ITD executive committee has approved our request, our permit for access -- full access to Eagle Road at this location and that is it was contingent upon our being able to comply with the specific measures that they have included in their -- their mitigating measures, which is that we participate in the improvement of the Eagle Road and Ustick intersection to provide double left tum lanes and right tum lanes on all approaches, construct axillary lanes as proposed to accesses on Ustick and Eagle Roads. Configure parking layout to provide protected drive aisle on all approaches, which we have done. Construct backage roads as required by Ada County Highway District in the City of Meridian, which is, once again, this is one of our backage roads and, then, we have those there. Installation -- in this one they are requesting installation of the median on Eagle Road, which they followed up a letter of April 4th clarifying that the median would be something that would be installed by ITD when they did their improvement program and we would not be required to do the median. And, then, the last item was relinquishment of other property access rights to Eagle Road. And I hope that you all had that in your packets, this letter from ITD, but they have granted us access there and, of course, we are before you this evening asking for the variance from your ordinance. We really do have a hardship here within this development in this whole area here in that we don't have the ability to connect to the south and that these other developments in this area do have that ability and as such they are able to move forward and develop their land in a -- in a very well defined and marketed project, whereas without this access it does put a burden on our ability to develop our land in an equal -- equally as they have been able to and we do feel that this does present a hardship for the development of our property. And, in addition, with the cross -accesses that we are going to be providing for this project also, it does help provide access from the Sadie Creek project out to Eagle Road, instead of having to bring it out into this area in here. So, at this time, you know, we would ask that you consider our project and the access that we are asking for and grant us the variance of your ordinance to allow that access. And I will stand for any questions that you might have. Meridian City Council April 18, 2006 Page 32 of 99 De Weerd: Council, do you have any questions at this time? Bird: I have none, Mayor. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Mr. Unger, Councilman Bird brought up a question that I was curious your thoughts on as to whether or not this site with the variance request works with only a right -in, right -out access, as opposed to requiring a full access. Unger: Madam Mayor, Mr. Borton, we have requested a full access, but we also understand that once this median goes in that that will be reduced from a right -- or from a full access a right -in, left -in, right -out only. We feel the full access is very important, particularly to allow people to come out here and go left, instead of having to cut through all of this to get to Ustick. But ultimately it will, based upon ITD's comments and the development that they are going to do along Eagle Road, it appears that that will be restricted down. De Weerd: Okay. Any other questions at this time? Okay. Thank you. Unger: Thank you. De Weerd: Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Knorpp: Madam Mayor, my name is Billy Knorpp, 2972 Leslie Drive. The testimony that I would like to give is associated with traffic possibly through our area. This is our road. If they are granted any access here, I would hope it would be a complete access. The reason being is -- we'd prefer no -- I mean at least I personally would prefer no access for them here, because people will -- if it's a right -in, right -out, they will come out here and people who are in this area here will want to come here, go around, so they can go north, because they will be unable to go north here, except by going back through this whole maze that they have to go through to get there. There have, apparently, been traffic studies that it actually takes more time to do this, you know, to go through our property, but it won't seem that way to people, because it's very straight. I mean it's just one big loop, as opposed to having to go through this maze that's been created by the properties going back and forth. So, all I would urge is that you -- if you don't -- if you do anything, you give them full access, although that seems to be a mute point, because they will be -- they will be stopped as soon as that median that's planned through Eagle will go through and so having an access to this right -in, right -out will cause people to go through our subdivision and we, of course, do not want that. The alternative for us is to close off this end of the road, but I don't think we want to do that at this point and it requires quite a large majority of the people that live along there to get that to happen anyway. I'm not sure we could accomplish it. But there would be Meridian City Council April 18, 2006 Page 33 of 99 10 lots of additional traffic with so many people living back here and most of them will probably tend to go out this way and out. The ones that are the most problem would be the ones visiting these businesses that will be up in front. But it would cause increased traffic through our subdivision. De Weerd: Thank you. Knorpp: Any questions? De Weerd: Any questions, Council? Thank you. Any further testimony? Okay. Mr. Ewing. Ewing: Madam Mayor, I'm John Ewing, 2934 East Lake Hazel. De Weerd: Thank you. Ewing: I'm going to talk as the landowner that this project is going to go on and not being a traffic engineer or anything, but to me it seems like the way that comer is developing, everything that the city is working so hard on to get this road through -- I understood at one meeting it's going to hopefully make it clear to Fairview. We have got a good road here that has full access, quarter mile. It seems -- you know, when Anna was talking about accidents on Eagle and everything, I imagine she was talking about the area south of Fairview and before Franklin and the little bit I travel that, it -- there are a lot of accidents, but what's happening in my mind is is that area is growing just like this area is growing and everybody goes to an area to do their shopping and they are actually trying to get across to the other side and it's not controlled. I understand that the issue of not stopping traffic here or wanting to, but to me it makes sense and I think that if there was a traffic study done you could make lights work. In my opinion, it seems like if you control the traffic, you control accidents. It seems like that the people that want to get to Fairview out of this comer would be natural to cross here, shop, cross Ustick, shop, cross back and, actually, make a loop all the way around this and keep the traffic off of this. Eventually when it does hit Eagle Road and want to get on there, it makes sense to me that it would -- the traffic would move smoother, less accidents, if it was controlled by a light there. I already stated I'm not a traffic engineer, but that's my opinion. Thank you. De Weerd: Thank you. Any other testimony? Canning: Madam Mayor? De Weerd: Anna. Canning: If I might add one comment. I started to tell you about the fire department comments, but, then, I realized it was on the property to the east. But I do think that their -- a letter they recently have been sending would be important information to give you, so I'll go ahead and do that and I have conferred with Chief Bowers on this as well. Meridian City Council • April 18, 2006 Page 34 of 99 The recent comments by the fire department -- and since I spent so many hours talking about skinny streets with them now I get lots of chances to talk to them, so what they have decided is that the fire department is generally opposed to any left-hand movement off of these state highways, unless it's at a signalized intersection and, then, if there is a signalized intersection, they would ask that the developer contribute toward the purchase of an opticom for that signal. So, I did want to provide that additional information for your consideration. De Weerd: Thank you. Okay. If there is no other public wishing to testify, I will ask the applicant to come up for any final remarks. Unger: Madam Chair, Council, Bob Unger with Redcliff again. I think just a couple of quick responses here. The concern about the cut -through traffic — and we do have a letter from our traffic consultant and I could give you all copies of this if you would like, but the bulk of it discusses that they would not anticipate any cut -through traffic based upon this development. In fact, the time that they have for someone to get at speed -- appropriate speed limit, the time to get from this point to this point is 90.9 seconds. To get from this point through to this point through our development is 22.7 seconds. This is a signalized intersection and as far as our traffic engineer is concerned that it makes -- people are going to come from this area down to here to get onto Ustick before they are going to come up here, turn right, and come down and come out over here to a non - signalized intersection. And I would be more glad to give you copies of that letter. I had it prepared for you at the last meeting, but we never got this far. If you'd like the letter I'd be more than glad to give it to you or you can take my word for it. De Weerd: The clerk should have it for the public record. Unger: Also staff commented about the top ten Meridian accident locations and in going through these we realized that number one is Eagle and Fairview and the next one Fairview and Locust Grove, Meridian and Overland, Eagle -Franklin, Fairview - Records, Eagle -Magic View, Eagle -Lanark, Eagle -St. Luke's, Main and Franklin, Eagle and -- all of these are south of Fairview. And the majority of them are all at signalized areas. So, we really don't have any data as far as accidents north of Fairview and it's just a point we wanted to bring out. As far as the fire department's comments, if it takes a signal to get this access, we will do it. We don't have a problem with that. We are glad to. In fact, one of the comments I wanted to come back to you folks with was without this access here, emergency services are going to have to come in from this direction to get into the residential. With this access here it provides them a very good access to get into the project in this area of the project versus coming up and through this area here or coming through this. Just an additional access and I think it's -- as far as emergency services, it's an access that really should be considered. So, with that we will stand for any questions you might have and we certainly ask for your approval this evening. De Weerd: Well, just one clarification on the accidents south of Fairview. Might possibly be because most of the land is developed south of Fairview and nothing is Meridian City Council April 18, 2006 Page 35 of 99 • developed really to the north. So, it does have a bearing on that. Just thought I would throw in my two cents worth. Any questions for Mr. Unger? Bird: Madam Mayor, I'd just like to -- and he can reply to this or not, but, you know, most of those Eagle and Magic View, Eagle and Lanark, are full access, non -lighted intersections to which it proves to me it's right -in and right -out. If you want to -- if you don't want to signalize something. And another thing on signals, I don't know, is ITD going to allow a signal that close to another signal? De Weerd: I guess while Mr. Unger is standing there I will give him my -- the rest of my ten cents worth, since I already gave you two. Certainly on -- in regards to emergency access, the presentation we had on access management earlier tonight had many examples of across the country that showed limited access to many commercial office, industrial areas, at more the half mile and I would imagine that emergency services didn't have a problem accessing them. The one thing that I think is different with your development is that you don't have a really good flow to your loop to that light and that's what concerns me, is even by controlling that access and denying it, it does keep access out onto Ustick and if you granted that, your access has really poor circulation throughout that comer and I guess that's my disappointment with the design, is that where you do have a lighted intersection, it doesn't give a good true loop where you are constrained by that waterway that you didn't maximize the opportunity for good traffic flow through both properties in between to benefit either/or. So, I guess that's my disappointment in the design, is you don't have a good access from Ustick where there is a lighted intersection through the project and that would be my only comment. And, certainly, we have adopted an ordinance restricting access to state highways because of a concern of what we are doing to road integrity and to the flow of traffic and certainly I know where our safety services provide the bulk of their safety services and it's on these state highways that have many accesses to them. So, we will ask if there is any other comments from Council or any other comments from the applicant? Unger: Madam Mayor, just -- if I could just respond to your comment there. Ideally, had we had control of the entire comer, I think that better access to Ustick to that signal could have been worked out, as they had, you know, on the other two developments, they had total control over all of the property and we were in a situation where we didn't have control over the entire piece of property and access through that, although the Sadie Creek people are more than glad to give us cross -access, it did put us in a position where we really didn't have total control over the entire design of the project and that's all I have to comment on and -- I mean -- and I agree with you, you know, it's too bad that a better design couldn't have been put together between two projects, but that was unattainable and we have been able to work out the majority of it and we will have the cross -accesses, but we really do feel that this access to Eagle Road is imperative to the development of this project to give us the equal ability that's been granted to the -- to the other project in this location, equal ability to market and develop our land. Bird: Madam Mayor? Meridian City Council April 18, 2006 Page 36 of 99 De Weerd: Mr. Bird. Bird: Mr. Unger, I don't agree one bit with you on that. I think you got -- Sadie Creek's got a good access to Ustick, as good as the next one. It's your internal layout, in my mind, that's screwed up of getting it there. So, I don't think -- I don't think it's Sadie Creek that caused it, I think that, you know, it's tough for people up in those front commercial areas and stuff to get back to the back, because of the layout of your site plan. That's my personal opinion. Unger: If I could comment? De Weerd: Uh-huh. Unger: That other plan does make it a little bit difficult to see some of it. I mean we do have connections in here, drive aisles here, we have drive aisles here that connect out. This comes out, which, generally, will be able to bring commercial traffic over and through into Ustick. As far as the residential, they are going to come down through this way to come out to this signal. So, I mean I feel that we have provided these -- these access drive aisles to move traffic in this direction and out to Ustick, if that's where they need to go. And, like I said, the residential portion of this, which we were trying to keep somewhat separate from the commercial, this is all public roads and it brings them out to here. And, then, as -- I just wanted to point that out. I think we have done a fairly good job of trying to keep the commercial commercial and the residential residential. Bird: Madam Mayor, follow up. Mr. Unger, though, I think -- I think most people whether they are at the residential, retail, or office, would prefer to go to a signalized intersection and I think it's -- I think for your development it's -- there should be an easier way to get into that south, because, as you said, if Sadie Creek don't go and you guys go, the only thing you have got is that one back one, so let's forget about those other two and if I remember right, those are only right -in and right -out on the other two, the unsignalized Ustick Road entries. So, I -- you know, I'm -- and I'm not a planner or a designer or anything else, but I just -- you know, I don't like you saying that it's because of Sadie Creek having just that one spot. At least we have got a signalized thing there for you to get out onto. And, you know, I think you could develop your footprint a lot better, lot friendlier to get to that area. But that's just my opinion. And I don't have any money invested in it. De Weerd: Council, any other questions for the applicant? Thank you. Nary: Madam Mayor? De Weerd: Yes. Mr. Nary. Nary: Just for the sake of the public record, Madam Mayor, since Mr. Unger is the one that brought it up, marketability is not a consideration for a variance. It is in the staff Meridian City Council April 18, 2006 Page 37 of 99 0 report. I know you're all aware of that anyway, but just for the purpose of the records and that's not a consideration as to whether a variance should be granted. De Weerd: Okay. Thank you, Mr. Nary. Okay. If there is no further questions of the applicant or staff, I would entertain a motion to close the Public Hearing. Or not. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the Public Hearing on Item No. 14. Borton: Second. De Weerd: Okay. Motion to close the Public Hearing on Item 14. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Any discussion? Okay. Do I have a motion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I appreciate the efforts of -- and comments from -- the written comments from the neighbors and the applicant. A particular remark that is consistent with my thoughts on these variance applications is your starting point is you clearly don't get them and, again, with my mind to approve these, Meridian's pretty consistent -- tries to be pretty consistent in limiting its access as requested in the variance. One of the remarks that Mr. Unger has made in this most recent discussion about the site plan, which I think is fairly accurate, discusses the positive traffic flow through to the north to Ustick, as opposed to the right -in, right -out access and also to the signalized light. And there is remarks about how the residents to the west can clearly travel to the signalized. That would be their preference. But there is good traffic flow which allows for that access to Ustick, all of which, in my mind, is a strong argument against there being an undue hardship in this particular property, which would require the granting of a variance. I clearly don't like any left -in opportunities at this location. I'm not in favor of right -in, right -out either and I think that the requirements for this Council, in order to grant a variance, hadn't been met. Those are my thoughts and comment. De Weerd: Thank you, Mr. Borton. Any other comments from Council? Bird: I have none. De Weerd: Okay. I would entertain a motion. Meridian City Council • April 18, 2006 Page 38 of 99 Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we deny Item 14, Variance 05-023 with Bienville Square Subdivision. Bird: Second. De Weerd: I have a motion to deny the variance request on Item 14. Any discussion? Hearing none, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, absent; Wardle, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 15: Continued Public Hearing from April 4, 2006: AZ 05-058 Request for Annexation and Zoning of 49.95 acres from RUT to a R-8 zone for Kee -go Springs Subdivision by Todd Campbell — 5910 North Black Cat Road: Item 16: Continued Public Hearing from April 4, 2006: PP 05-060 Request for Preliminary Plat approval of 201 building lots and 9 common lots on 49.95 acres in a proposed R-8 zone for Keego Springs Subdivision by Todd Campbell — 5910 North Black Cat Road: Item 17: Continued Public Hearing from April 4, 2006: VAR 05-024 Request for a Variance to reduce front garage setbacks to 15 feet from back of sidewalk in a proposed R-8 zone for Kee -go Springs Subdivision by Todd Campbell — 5910 North Black Cat Road: De Weerd: Okay. Thank you. Mr. Nary, can you go find Mr. Rountree? Okay. Item 15, 16, and 17 are public hearings on AZ 05-058, PP 05-060 and VAR 05-024, the continued Public Hearing and I will start with staff comments. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. I'm sorry. Borton: Before you do, I do need to recuse myself from consideration of this item. De Weerd: Okay. While Councilman Borton excuses himself, Mr. Rountree has returned. Rountree: I have returned. De Weerd: Anna. Meridian City Council April 18, 2006 Page 39 of 99 Canning: Hot potato night there. Madam Mayor, Members of the Council, this is the Keego Springs application. It's located east of Black Cat Road and south of Chinden Road. I just got Tamara in the eye with the laser pointer. There we go. So, this is the location. You will notice that we are also showing the Bainbridge project, the Volterra project is not showing up. It does take in the entire property -- large property shown south of the proposed project. The applications include an annexation and zoning, preliminary plat, and variance for front setbacks. The gross residential density is 3.53 units per acre. The net density is 4.69 units per acre. The request includes annexation and zoning of 49.95 acres to R-8. The median -- De Weerd: Okay. Anna, just a clarification for the record at this time. I will exclude comments on the variance, Item 17. Isn't that a variance -- oh, forget it. It has no access— Canning: It is not an access one. Yeah. De Weerd: Sony, Charlie. You get to stay with us the whole time. Sony for the interruption. Canning: That's fine, Madam Mayor. Did you open that Public Hearing? De Weerd: Yes, I did. Canning: Okay. Thank you. The -- so, it was annexation and zoning of 49.95 acres to R-8 and, then, preliminary plat approval of 201 single family residential lots and nine common lots. In response to the initial concerns about this application, the applicant has included a partial school site and this is the location of the partial school site. They would share that school site with Volterra. I do have a picture of that I can bring up. It's not in the presentation, but I will work on providing the rest of that site for you. And they have provided that. I think you have testimony from Mr. Fuhrman -- Freeman, song, Mark. From Mr. Freeman regarding the school district. I really am song about that. I'll let him provide the additional comment regarding the ability of the school district to acquire the property. I did speak briefly with Mrs. McKay regarding the other half of the school lot and Mr. Freeman may have additional testimony on that, but I did speak with Mrs. McKay today. She did say that Frank Vareille and she had met with Wendell and Amber Van Auker, who is the school district's architect, and they indicated they desperately needed an elementary school for this area. The school district asked for half of it to be on the Volterra Subdivision, which had already been approved by City Council. They -- they produced a site plan that straddles the two subdivisions and, then, Frank met with them about a month ago and Frank did commit to Wendell Bigham of the school district that Primeland Development would donate approximately 4.5 acres to the school district for the elementary site. So, the school district will be participating in building the collector road that goes to the school site, but -- and it will have frontage on that collector, but they did donate the 4.5 acres. There is very specific wording in there about the development agreement regarding the school district negotiations and Meridian City Council April 18, 2006 Page 40 of 99 it's included with Mr. Freeman's testimony, so I think I'll save that discussion for later. can bring up the exact language that was proposed by P&Z and, then, the modifications as proposed by Ms. Butler if necessary or for Council if they desire. The Commission did hear this application and have recommended approval. They heard it on February 2nd and March 2nd. At that hearing Joann Butler, Jim Howard, and Todd Campbell spoke in favor of the application. Don Brown representing Rambo Subdivision spoke against it. Wendell Bigham did -- from the school district did comment. And the key issues of the discussion were the school site, fencing along the north boundary, and, then, the stub street to the property to the south, which is currently not -- in this one is not shown and that is the question of whether they should have a stub street going to the Volterra collector, preferably adjoining the school site, to give that school site some more frontage from within this subdivision. The key Commission changes to staffs recommendation were to modify the condition regarding their recreation facilities. Right now they have them on this lot, this lot, and this lot and the -- which are all central to the site, but they are all separated by public roads. So, the Commission asked that they be relocated in this area and they have agreed to that. They, actually, did provide us an additional site plan that showed those facilities relocated. It did not address all the other concerns that P&Z had asked them to address. So, we are still going by this site plan, because the new one doesn't get us all the way, so -- but they are able to accommodate that over in one area on the east hand -- the center east portion of the site. And they also modified the condition regarding the school -- the school site as noted before. They added a condition regarding pedestrian micropath from Loggo Drive to the school site at some point along the north boundary and a condition which states all perimeter fencing adjacent to the school site shall be restricted to open vision fencing. So, the outstanding issues before City Council clearly are the elementary school site and the variance application to the front setbacks. When this applicant first started coming in we still had the planned development. I think that they had a hard time switching from the planned development to the new standards, but we kept on trying to tell them you couldn't just ask for a waiver, so, they -- of dimensional standards, so they are asking for a waiver of the front setbacks in the alley -loaded portions. We believe that's where they are asking for them. We have asked for clarification. Haven't gotten specific information regarding that, but we do believe it's just for those properties taking access from the alley. They'd like to have a ten foot setback. Currently, the only place we allow ten foot setback is in the Traditional Neighborhood Residential District. That district is specifically designed for this. It's intended to get that look and feel that goes along with a whole list of development standards. Pulling out one of those standards and allowing it through the variance process does not seem appropriate. Staff was not able to make the findings that this site warranted a variance. There are no outstanding issues or physical constraints that would prevent them from meeting the standard setback in this area. So, we are recommending against the variance. To that end you do have Findings before you tonight. They are -- you have Findings for approval of the annexation and zoning and preliminary plat and you have Findings for denial of the variance request. And with that I will answer any questions you may have. De Weerd: Council, do you have any questions at this time? Meridian City Council is 40 April 18, 2006 Page 41 of 99 Bird: Not at this time, Mayor. De Weerd: Okay. Is the applicant here? If you will, please, state your name and address for the record and if that microphone goes up high enough — Campbell: I will bend over. I'm Todd Campbell. I am the applicant. I reside at 2320 West Preston Street in Eagle, Idaho. 83616. I'd like to thank staff for their thorough overview of the project. We would like at this time to withdraw the application for the variance. We feel like that we would be able to achieve the look that we want within the subdivision without going further on that point. I will give a brief overview of what we are trying to accomplish with this subdivision. We have taken into account Planning and Zoning's recommendations of approval for relocating the common areas, the pool site, the tot lot, all more in a safe manner across the street, all adjoining one another. We are trying to achieve a mixed use of housing with alley -loaded product, some 65 foot lots, and, then, some larger lots as we get back into the eastern portion of the project and feel that by doing this we not only accomplish an affordability factor for the city, but also a diversity factor creating more of a neighborhood feel for the community. We have -- you know, I guess the big issue tonight is with the school district and the things that we have been doing to try and facilitate a site for them -- we want to sell them a site. Mr. Freeman faxed over to the staff late this afternoon a motion for position something -- basically saying that he thinks that we -- our negotiations have been unsuccessful and are completely at a deadlock. We have never received an offer from the district to purchase the ground. We are not in a position to donate ground. I wish we were. We don't control 850 lots like the subdivision to the south. We have -- with the elimination -- or with the addition of the school site, we have a hundred -- approximately 175 lots, not the 201 that Anna said, if we do end up furnishing a school site. I want to just bring to your attention some of the facts that -- behind the scenes that we have been doing with the school district. We have spent thousands of dollars, several months redesigning our plat to accommodate a school site. I'm going to read a letter or some comments that I put together that kind show the history of the things that we have done since we have acquired the site. It says: Dear Mayor de Weerd and Members of the City Council, I wanted to take a few minutes to keep everyone interested -- everyone interested apprised of the history and current business dealings between myself and Joint School District No. 2. Myself and Mr. Chad Hess acquired the parcel where the proposed Keego Springs Subdivision is the last week of March 2005. When we made our offer on the parcel there were, in fact, four other offers presented to the seller at the same time as our offer, as stated to me by the listing realtor involved. Upon successful negotiations on the parcel we started our design of the property. On September 7th, 2005, Kurt Reliford from J.J. Howard Engineering and myself had an initial pre -application meeting with Anna Canning and the planning staff at the City of Meridian. During our meeting Anna gave us some suggestions to the design of the project. Toward the end of the meeting she stated that we needed to get in touch with the school district in regards to their need for a potential school site in the area. On September 8th I placed a call to the district offices and left a voice mail to a generic voice mail extension that I was forwarded to by the receptionist. I received no return call from Mr. Bigham. On October 24th I called the district offices once again, left Meridian City Council April 18, 2006 Page 42 of 99 a message for Wendell to call me. Once, again, I received no return call. After this time I started consulting with Kurt Reliford, our project engineer, and Mike Spink, my counsel. Mike Spink, my counsel, and Mark Freeman had our initial -- first initial meeting on November 30th. Here at this meeting I agreed to help the district and to sell them a portion of our property. Our initial Planning and Zoning meeting was supposed to take place December 15th, but was tabled as requested by the district. We were scheduled for February 2nd. Kurt initiated some discussions with the engineers from the approved Bainbridge Subdivision, approximately 450 lots, and the approved Volterra Subdivision, approximately 830 lots. Bainbridge declined, but Volterra would consider it. On January 4th Wendell, Kurt, and myself discussed -- and Wendell, Amber Van Auker, the district's architect, all met at J.J. Howard's office to discuss possible layout and size requirements to accomplish the district's need. After this meeting Wendell stated he needed to get in touch with the developer from Volterra to talk to them. We heard nothing until we again initiated calls to Wendell, Amber, and Mark Freeman. At the Planning and Zoning meeting on February 2nd, 2006, Wendell assured the Planning and Zoning Commission that within the next 30 days he could make a deal happen with Volterra. The P&Z Commission gave Wendell another 30 day time period in order to get a hold of Volterra and see if they would participate in the school site. Our next hearing was scheduled on March 4th, 2006. During the time period between the two hearings we heard nothing from Wendell. At the hearing on March 4th Wendell got up and stated that no agreement had been made with Volterra as yet. Planning and Zoning adopted into their conditions of approval that the district had until June 1st, 2006, to secure -- to secure deals with us and Volterra. On March 4th Volterra finally agreed. We had agreed a month earlier. We have, as of April 7th, seen no written offer from the district for the site. Wendell has suggested to us that we should donate the site, but we are in no position -- financial position to do this and we have told him so. I have never received a phone call from Wendell, an e-mail from Wendell, or an offer from Wendell. I have left him several voice mails on his cell phone and his office, which he will call Kurt, our engineer, but, then, not communicate directly with us. As you know, our Public Hearing meeting with the City Council was scheduled for April 4th. We were rescheduled until April 18th. Mark Freeman placed a call to Mike Spink on April 6th and stated that if we do not hurry up and sell the site to the district he was going to oppose the project at the next scheduled hearing. I find this offensive. We have tried to expedite this process, but the district's lack of timeliness has cost us months in the approval process. I feel it is important to the Council to know the history of what we have been doing and what the school district has and has not been doing. We are willing to sell the site to the school district. If you have any questions, otherwise, I'm going to defer any legal issues to our counsel that's here tonight. De Weerd: Council, any questions for the applicant? Bird: I have none at this time. De Weerd: Okay. I'm sorry, Mr. Wardle, did you have a question? Meridian City Council April 18, 2006 Page 43 of 99 Wardle: Just a point of clarification. Was that your presentation on the subdivision? You have -- Campbell: That was on the subdivision -- or the annexation. Wardle: On all that? Campbell: The whole bit. Wardle: So, no elevations or any of that kind of stuff? Campbell: No. we do not. Wardle: Okay. Campbell: Well, we have the -- we have the landscape plan that has been proposed. It has been adopted -- we have not adopted the conditions from Planning and Zoning. These are some of the sites. The entrance features that we would have. The pool site that we would have. The proposed amenities within the central location of the subdivision, but have since been relocated to the east. Would be a divided collector street coming into the subdivision and tree lined streets, detached sidewalks. A pool. Hopefully, a school site. Waterfall entrance. We feel it would be a -- you know, a fairly nice development for the city. De Weerd: Okay. Any other questions, Council? Bird: I have none. De Weerd: Okay. If you will, please, state your name and address for the record. Butler: Thanks. Joann Butler, 251 East Front Street in Boise representing the applicant. Before I get started I just wanted to point out just a technical thing in the staff report. There seems to be a conflict in the conditions of approval and I'll just point this out. This is on Exhibit B and I don't know that you need to jump around in your packets, but on page one of Exhibit B, the sixth bullet point is a condition in connection with annexation, talking about -- sorry -- prior to the submittal of a final plat the applicant would provide documentation that negotiations with Volterra and the other portion of the school site have been finalized and that the district approve the configuration. That isn't what the Planning and Zoning Commission was -- mentioned and we think that would be an impossible condition to know what others are doing. But on the next page and on the second page of your packet is the condition that the Planning and Zoning Commission recommended with input from Wendell Bigham who had said that he felt by June 1 st -- that was why that June 1 st -- it didn't just get pulled out of the air, that was a comment to us that it was agreed at that time if the school district couldn't finalize the discussions between the two parties, then, Mr. Campbell could come back and request a modification to the plat that we hope you approve tonight. Just briefly the issue is Meridian City Council April 18, 2006 Page 44 of 99 schools and Council might recall that I appeared before Council when Volterra was before you and I didn't appear to oppose Volterra, but I did -- I appeared before you, because I was concerned and surprised, because the district did not even provide a standard letter about a school facility in connection with that project, even though it was 830 homes, and the district didn't come to the hearing either. I know that the Mayor and staff said at that time we somehow know that the district does not want a site in this area. And tonight the district is desperate for a site in this area. I think we have heard the figures Volterra at 830 homes, Bainbridge at 429, and Keego Springs at 179. That's 13 percent versus 55 percent of the homes for Volterra in the area and 32 for Bainbridge. Late this afternoon, as Mr. Campbell said, I received a copy of the district's letter or motion asking the city to deny this specific project. Not Volterra, not other -- and not other specific projects that we are aware of. Mr. Campbell told you and described to you how he has been trying in effort to work in good faith with the district, but the district has claimed that they have been totally unsuccessful. Apparently, Mr. Campbell's -- and I believe honest discussions did not meet the district's definition of success and I don't want to squabble and I don't think Mr. Campbell wants to squabble with the district. He is saying that he can sell to the district the site and is willing to work on the design of the site. And we certainly do applaud Mr. Vareille. If he can donate four acres at the end of his 830 home development, we are really happy. I think Todd made it clear that if he was in that same position things might be different. Todd has asked the district to be fair. By throwing his hands up tonight two hours before the Council meeting, I think that the district is -- appears to be trying to use this public city hearing process to I guess maybe gain leverage, try to force an unfair outcome to the negotiations -- I don't know. But it seems strange when we are two -- about a month and a half before June when the condition of approval would give us that time and I just don't think that's right. We are asking the Council to approve Keego Springs tonight as redesigned to assist the school and that has been at great cost and time to Mr. Campbell and we hope that you will do that and allow those negotiations to continue on in an even keel. Thank you. De Weerd: Thank you. Any questions for Ms. Butler? Bird: I have none, Mayor. De Weerd: Okay. Canning: Madam Mayor, to briefly follow up on the item that Ms. Butler spoke of regarding the change in wording, that on my notes for Council under the outstanding issues for City Council, that recommended wording is in that first item there. Staff does agree with the need for clarification. De Weerd: Okay. Thank you, Anna. Okay. This is a Public Hearing. Is there anyone who would like to provide testimony for this application? Carrico: My name is Sarah Carrico. I live at 4685 Redwood Court. We are directly north of the requested development. We have one very cordial request, which is a Meridian City Council April 18, 2006 Page 45 of 99 C7 fence between us and these 15 lots that will be bordering the back of four houses. We have formed a rather tight -knit and quiet neighborhood as of yet. I have lived there for 12 years and a number of other people have lived there longer and we don't want anything fancy, but we don't want any plastic either. So, we are looking for something that can protect our assets, protect from dumping of grass clippings. We have horses and other animals and we never know if we are going to get more. And we are really not looking to cause any trouble, just something to keep what is a little bit of a different atmosphere from what is planned, what it is right now. De Weerd: If you could use the pointer there in front of you, Sarah, and show us which lot you are. Carrico: We are right there. De Weerd: Okay. Thank you. Any questions from Council? Bird: I have none. Rountree: None. De Weerd: Okay. Thank you. I also have Mr. Freeman signed up. Freeman: Thank you, Madam Mayor, Members of the Council. Mark Freeman, 3550 West Birdie Court in Meridian, Idaho. I'm here on behalf of -- De Weerd: If you can pull that up a little bit. Thank you. Freeman: I'm here on behalf of my client Joint School No. 2, otherwise commonly referred to as the Meridian School District. I have submitted, albeit at the 11th hour, written comments in support of the district's position on this application. I assume that Mayor and Council have received those. I have copies here if you happen to need one. De Weerd: No. We did receive that. Thank you. Freeman: I'm here, you know, primarily to respond to questions about the material submitted and to respond to matters raised by the applicant and the applicant's attorney. Maybe to summarize might be the best way to do this. You have heard a lot of comments about the district's alleged inactivity in trying to get a school site here and the reason that -- Wendell Bigham, by the way, couldn't be here tonight, that's one of the reasons I'm here. I'm here to let the Council know that it's the school district's position that a school site in this square mile area is crucial to the school district. We can discuss why it didn't happen earlier or where it's going to happen, but the issue is Meridian School District needs an elementary school site in this square mile. There is a decent size chunk of it that's already been approved. The district was attempting to purchase this property or a good share of it for a school site before it was purchased by the applicant and, obviously, that didn't happen, the applicant purchased the property. Meridian City Council April 18, 2006 Page 46 of 99 The initial application didn't have a school site in it. You have heard the discussion about how it happened where, eventually, it resulted in a school site -- or a portion of a school site being included and the comments of staff that addressed the issue of a shared school site and how it's going to be held off until June 1st are appropriate, but the difficulty is that quite a bit of time has elapsed since the district first sat down in my office, as indicated by the applicant, and had discussions about purchasing this site. And not much has happened. We can all point fingers at who is responsible. I can -- I must, you know, state on the record that I'm surprised by the applicant's comments and I have heard similar comments from the applicant's attorney that the district has never made an offer on the property, because I made the offers on the property. My client decided they wanted me to negotiate on this piece of property. And I'm -- there was an offer to purchase the property made during that meeting -- a general discussion about an offer during the meeting back in November and there was an offer made by -- I sent an e-mail to the applicant's attorney Mike Spink in Ms. Butler's office on the 15th of January and -- which contained -- it wasn't a purchase agreement, it was an e-mail saying here are some terms that the district would like to purchase the property under and never did receive a response to it. Contacted Mr. Spink in the beginning of April, left a message saying can we get a response to this offer. All the time we are being told that we are delaying everything and I didn't get a response for close to a month and, then, the response that came back, in essence, was a purchase agreement that the applicant's attorney put together and submitted on Monday to us this week, which required a substantial earnest money deposit, which would be automatically released to the applicant on Wednesday of this week. I guess I can step back and say I'm confident that as far as the normal terms of a purchase agreement, I'm confident that the district — the district's attorney and the applicant's attorney can workout the details on all the things that go with it. But there is a part of that purchase agreement that the parties are a long ways apart from each other and that's the issue. So, we don't have a school site there today. After meeting with the applicant and coming up with this configuration -- it did take some while for Wendell to get together with Frank Vareille of Volterra, mainly because he was out of town. Eventually, he had orally committed, as Anna indicated, to donate a four and a half acre portion of the school site, which leaves another almost five acres from the applicant. The applicant may have been asked to donate a site initially. I -- and I can't speak for Wendell. From my standpoint it's never really been pushed. We understand the difference between the applicant's development and Volterra's development, but one of the reasons that -- or my understanding is the primary reason that Bainbridge isn't involved in these discussions is because the school and school district's architect looked at the layout of the property and decided that extra land on the Bainbridge side really didn't serve the purposes of the school design, what they needed at that site. So, that's why that party is not here. It's not a matter of not coming up with the money, it's more of an issue of it didn't really do much for where we were at. Volterra has agreed to make a donation of the site. There are some -- there is consideration going to Volterra for extending the street to the site, so it's not totally without consideration, but the land itself is going to be donated. And this amount of time -- it's sort of an interesting situation, because you hear both parties coming in front of you and saying so much time has gone by and nothing's happened and they may both be right, but the bottom line is we have a commitment to have a donated portion of the Meridian City Council April 18, 2006 Page 47 of 99 • school site, we don't have an agreement with the applicant. If the city moves forward and approves this annexation and zoning application with the conditions as stated by staff, then, if -- we won't know until June whether we are going to have a school site there. If we don't, then, what happens? Well, the applicant goes back and re -plats it and has more lots, the density changes, and I assume you guys are the ones that are concerned about density, but the bottom line if that happens is there is a square mile area without a school site and there aren't -- there aren't many other places, if any, in this square mile where the school district believes that it can obtain a school site. So, they have got a situation where the children -- the elementary age students who will live in this area will have to be bused to a school site outside of the square mile across, you know, one of the roads, one of the major roads, which, based on my review of the -- set this forth in our statement, in Council's ordinance, the code requires -- it doesn't require it, but one of the factors in determining where a school site is to be located is, you know, its proximity to the neighborhood and major streets and we believe that's a reason to have it in a subdivision. The district also takes the position -- and it's a different position with different types of schools, but a well designed elementary school - - the district believes is an amenity to residential development. Maybe you might dispute that with a high school or a middle school, but a well designed elementary school in a subdivision can increase the value of neighboring lots. So, we find there is some benefit in that. We are really into a situation where we can't -- we don't have a deal yet, we are concerned we are not going to get one. If we don't get one, then, the district's ability to provide education to elementary school students in this square mile will be adversely affected. De Weerd: Good ending point, uh? Any questions? Rountree: Madam Mayor, I have a question. De Weerd: Yes, Mr. Rountree. Rountree: Mr. Freeman, given the configuration of the parcels we see laid out in both adjoining subdivisions, is that, in the school district's opinion, sufficient for an elementary school? Freeman: Yes. It works out to nine and a half acres, roughly, and according to what I understand, the district is satisfied with that. They might have wanted ten acres, but that site would work. If I can -- maybe not directly on point, but I -- it's my understanding there is some discussion about a cross -through road that isn't shown here, somewhere in this area, and I heard staff mention -- Anna mention that the preference would be that that road, if there is going to be a road that connects here, that it front the school site. I don't know what kind of problems this creates, but I just happen to know this, because I was with Wendell when this -- he was discussing this issue with me and he -- he didn't send me here to discuss this, but I'm going to pass this information on for what it's worth. His concern was that he didn't mind a cross -connect somewhere over this way, but his -- the school district's preference would not be that it would from the school property. Now, I don't know if this is something he's changed his mind on or maybe Meridian City Council • April 18, 2006 Page 48 of 99 Anna could comment on that, but his concern was that we end up with a large drop-off area. There will be some parking component in here, I assume, and that we have got parents pulling up and dropping their kids off on the street and he didn't think that was such a great idea. So, not directly in relation to your issue, but -- De Weerd: Okay. Any other questions for Mr. Freeman? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Mr. Freeman, in my short time on the Council I've been through a lot of subdivisions and we have been through a lot of joint meetings with the school district and this is the first subdivision or annexation approval which the school district has either directly or through its agent replied to the city's request for comment. Why this specific subdivision now I guess is my question. Freeman: Madam Mayor, Councilman Rountree, I can't answer that question. I don't know why. It may have been not only with this site, but other sites it should have come sooner. I have heard the district's representative say that they are uncomfortable -- that they are not in the development business and they don't -- if they can stay out of it they want to. They don't think it's their job to make these kind of decisions. But in this situation here it's at a crucial stage with the development that's already been approved in that area. We can argue that it should have happened earlier, but with the development that's planned and going to occur there, they need a school site in that area and if we don't get it here, they are concerned they are not going to get one. De Weerd: Thank you. Any other comments? Okay. Thank you. Is there anyone else who would like to provide testimony on this application? If you will, please, state your name and address for the record. Kowalis: Yes. Doug Kowalis. My business address is 1501 Federal Way. I am with -- one of the owners of NAI Kowalis & Mackey, the listing broker on the property when the property was sold. I just wanted to state a few facts here, so that you have that information. There seems to -- we are here in, of course, support of Todd Campbell and his development. There seems to be a pattern here by the school district and the thing that I wanted to point out is that every good attorney, every realtor, and most individuals know that there is no offer until it's written. If you want to win the lottery you buy a ticket. If you want to buy real estate you write an offer. To my knowledge we have never seen a written offer by the school district. It just so happens that this property that was sold is my step -mother and in the remaining years of her life, a few years, when the school district contacted her -- she had Alzheimer's and was in no condition to negotiate. She turned that process over to her son who is present tonight. The most that Hilda told me was that the school district has told her that they were willing to buy the property, gave her a price, to what she responded that's not enough. So, I think what we are seeing here is them, the school district, using this process to negotiate Meridian City Council • • April 18, 2006 Page 49 of 99 price. That's what they are talking about here is the one point that's keeping them apart. I think that you could move this process forward easily by -- because Mr. Campbell is willing to sell the property to the school district at below fair market value, but I don't think that he should be put in a position where he's dictated at what price that is. I work with many in my profession who are non-profit organizations and sometimes we are fortunate enough, as the school district is, to get property donated and in some instances we are not and they paid the price. And, again, this is a pattern that we have noticed over this period of time. Is there any questions? De Weerd: Council, any questions? Bird: I have none. De Weerd: Okay. Thank you. Any other testimony? If you will, please, state your name and address. Brown: Don Brown. Excuse me. 4595 West Ramblin Court. De Weerd: Thank you. Brown: And I'm not talking on behalf of the property owners, I'm talking on behalf of an individual that has two kids in the school district and right now in that mile there is 34 some hundred -- some odd houses that have been approved and I think that the school district's point is there needs to be a school in there. Right now Ponderosa is over capacity. Hunter's enrollment was capped the day it opened. There are no new schools listed to be built in that area. You're going to have a big problem if something is not come to agreement in that area. It's just -- it's a mess right now. I don't know how it got this far and I'm kind of nervous, but I'm kind of upset as well, because the ramifications on my kids and their education is at stake at this and if something doesn't come to play with the school in there, it's going to be a mess and you have got a child at Sawtooth, the same thing is going to happen down in that area. So, the school district's got to get -- somehow or another there has got to be some accord between the developers and the school district and profit's got to be taken out of the picture. It's got to be taken out of the picture. It's got to be what's right for the community, what's right for the kids, for their education process, because that's all we have got. Thanks. De Weerd: Thank you. Any other testimony? Okay. Canning: Madam Mayor, if I could respond to a couple comments. The Planning and Zoning Commission recommendation does not include a cross -access point to Volterra. It's just a -- there is no cross -access into Keego from that collector road at the mid mile. So, that's not part of the recommendation now and perhaps I misspoke. I didn't understand some of the other issues behind it. With regard to Councilmember Wardle's comment about why is this the first time we have heard about this, I can tell you I think that Mr. Freeman was selecting his words carefully during that answer, so -- when Bainbridge Subdivision went in there is clear discussion about a future school site on Meridian City Council April 18, 2006 Page 50 of 99 this property. Staff was under the assumption that there would be a school site there also when Volterra went through and I think that's why we didn't get it at either location. The other locations available include -- the only other locations include some large five acre properties here. We have seen a couple of them, the most eastern of those five acres, come in for a subdivision plat. There is larger property up here adjoining Chinden Boulevard with limited access to Ramblin, so that would not necessarily be appropriate. I'm sorry. Wardle: Anna, I guess if I can interrupt -- Canning: Sure. Wardle: My question, which was answered, is just in general, not this specific quadrant of the city. Canning: Okay. Wardle: More focused on the city as a whole and this is the first time we have seen the school district come to the city on any development in any portion of the city, so -- Canning: Okay. I will be quiet now. De Weerd: Okay. If there is no further public testimony, I would ask the applicant if they would like to have concluding remarks. Butler: Okay. Thank you. Joann Butler again. The person that brought up the fence, this was raised at the Planning and Zoning Commission and just so you know there is a 1.3.4 condition of approval that says that we will submit a detailed fencing plan with the final plat application for the subdivision and it goes on from there talking about construction fencing and so on. So, that was addressed. De Weerd: I think what she has brought up is what kind of fence is it Butler: Right. And I don't think that's known right now in terms of -- is that -- but because that was the discussion, it was -- they made it a condition of approval to say, okay, go back, think about it, but come back to us in public with the subdivision application. De Weerd: Well, I do know that when you have livestock or horses, there is a concern with vinyl and so we -- if it is approved, we would certainly want the applicant to work with the neighbors on appropriate fencing. Butler: Okay. Thank you. Also, the Planning and Zoning Commission did raise the issue of other land in the event -- in the area, because of the Comprehensive Plan Land Use Map does show a symbol for a school in the area or a neighborhood community center, which is more centrally located. I have no idea if any of that land is available. It Meridian City Council April 18, 2006 Page 51 of 99 may be vacant -- we just -- the Planning and Zoning Commission was just asking where is other land in this area and it was pointed out. Thank you. If you have no other questions. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: What are the square footages of lots that are on the northern border? Butler: I believe we are going to have J.J. Howard address that in terms of -- or Todd. Howard: My name is Jim Howard with J.J. Howard Engineering. I know that that's going to be hard to see, but if I could leave the mike, I'll walk over -- De Weerd: There is a mike right there. Howard: Okay. Along the north boundary of the subdivision, 9,700, 7,400, 7,000, 7,000, 6,500, 8,500 -- of course this one doesn't. 8,500. 7,000. So, these are pretty much 7,000 across the top. De Weerd: Okay. Anything further? Mr. Rountree. Rountree: I have a question for Gary Inselman. He's here, he may as well come and talk to us. De Weerd: Please state your name and address. Inselman: Gary Inselman representing ACHD, 3375 North Adams. De Weerd: Thank you. Rountree: Anna, if you would put the plat back up there. Just a question of what ACHD and we have tried to do in concert in terms of internal networking and -- is there a reason why ACHD did not want to have access to the northern parcel at this point that at this isn't developed and why there isn't an access out of this -- vehicular access out of this subdivision to a potential future school site? Inselman: Mr. Rountree, as far as the school site's concerned, we received a transmittal saying the plat had been modified, but we didn't have a copy of the plat. So, we had no idea how it had been modified. So, we have not addressed that issue yet and we would like to -- if any school site is approved here, because we all know the issues we have with access to schools. As far as a stub street to the north, I'm not aware of why we didn't require a stub. I would have to review our file and research that. Rountree: Okay. Thank you. Meridian City Council April 18, 2006 Page 52 of 99 De Weerd: Okay. I see that there is additional public testimony and since the applicant is the last one to have word, I would invite the public testimony forward. If you will, please, state your name and address. Haletor: Merlinda Haletor. 6280 North Black Cat Road. De Weerd: Thank you. Haletor: I don't know if I have comment. I'm just looking at this and you brought up a good question, why there isn't a stub street to the north, because that 30 acres has been purchased and is in the process of being developed and right now their access is very limited. They will not have an access onto Chinden, that 30 acre piece that's right there. Yes. That piece. No. Up. Yeah. They won't have an access onto Chinden. Right now there is no stub street through to Keego -- Canning: Yes, there is. Haletor: -- to the north. Okay. There is a stub street through to Keego? That's our concern. Is it right at the back? Rountree: Madam Mayor, I believe, looking at the layout there, there is a potential access to the north, so it's probably not the best alignment in the world. Haletor: Okay. And where is that? Rountree: At the northern most connection. Haletor: And it comes to the east? Bird: To the east. Haletor: Is that Bainbridge? Rountree: And to that -- Bird: No. It's right into that. Rountree: Right in there. Bird: Into that little arm off that 30 acres. Haletor: Okay. So, it goes from the back of Keego into the back comer of that undeveloped property right now. So, that undeveloped property would have an access through Keego to Black Cat? Meridian City Council April 18, 2006 Page 53 of 99 De Weerd: To Black Cat and to any future school site. Haletor: Okay. That was a concern, because there is going to be a whole bunch of houses right there and they will be attending, I assume, that school, if a school is approved for that area. So, it would be really nice if they had that back entrance. Otherwise, they are going to have to -- well, I don't know how those get out, because right now our little property is the rectangular piece right there and we have not sold it, so there is no access proposed or needed through there and their only other place is Ramblin, which is the county road, but it is really close to Chinden there and if we are talking about limited access, there is also already a ton of traffic coming down Black Cat to Chinden and I know, because my little driveway comes out of -- not quite halfway there and it's hard to get out in the mornings. Okay. So, that was my concern. So, as long as there is a way to get back in there, so that that subdivision that's going to be developed will have access out onto Black Cat without using any access on Ramblin or on Chinden. I just wanted to make sure that that was a possibility and that you were aware of that. That's it. De Weerd: Thank you. Okay. Any additional public testimony before I ask for concluding remarks? Okay. Campbell: If that stub street going east in Keego Springs into that vacant property was more desirous going north, we would not have any problem relocating that stub, if that's something you guys desired. Right now I think it flows from Keego, loops up into Bainbridge going east. So, it kind of figures lots through that little narrow arm coming down. De Weerd: Could I ask -- what is your housing product in the higher density lots? Campbell: It's an alley -type product, similar to the Soda Springs Subdivision that we have over off of Victory and Eagle Road. Very similar product type, alley -loaded, to the subdivision that you guys heard a presentation on earlier this evening, the rear loaded, you know, front atmosphere -- or front porch atmosphere type product. De Weerd: Okay. Generally we see elevations and I didn't see any in the packet. Were there any elevations at that P&Z? Canning: I don't believe so, ma'am. De Weerd: Okay. Did you provide any elevations at that time? De Weerd: Okay. And I know fencing was mentioned. I also understand your concern about donation of property for the school and that sort of thing. I will make my soap box statement right now, though. We are raising the expectations of development and development to pay their proportionate share of growth. I think some of the problems in having small piece development at a time, is sometimes the first in don't pay, the last in is usually shouldering a larger share of the burden and that is kind of why I like a larger Meridian City Council April 18, 2006 Page 54 of 99 is scale development, because you see the picture, you see the connectivity, you see where the parks are going, where the schools are going. You see connectivity for the pathways, roads structures and all of that. And you also see how the growth is going to pay for itself. I do understand your concern, but at our point we need to make sure that services are going to be provided for the people in that square mile and in and around it. Certainly education, school facilities, are an important consideration. We have started to see developers donate land for school sites, donate right of way for the roadways, because our roads are in need of repair and they are stepping up. When there are lingering things that are unresolved, you know, I will quote one Council member: I'm not in a rush to see things developed until we know the whole story and -- Rountree: Now, who would say that? De Weerd: My hero. But I guess, you know, from the city's standpoint is we do want to assure that our citizens know that we take our responsibility serious. The school district, it's true that -- I think they were even referring to it and maybe they weren't successful in bidding on that and they found that they were in a predicament that they needed a school site in that square mile and they found themselves between a rock and a hard spot. But I -- I feel that we have a responsibility to make sure that all the I's are dotted and the T's are crossed and that certain things are assured before we move forward. And I don't have a vote until they tie and there is three of us -- or three voting members up here, so I won't be voting, because I can assure you there won't be a tie. But that was just my input into this, is we are raising the bar of expectations. We do have overcrowded schools. We do need to pay attention to our infrastructure needs as we look at development coming into our community and that's all I'm saying is I'm not saying donate the land, but I am saying we do want to see development step up and start be a part of our solutions. Campbell: And that's exactly what we are doing. We are willing to step up. You say you want to see large scale developments and you want to see school sites within those large scale developments -- there is an 850 lot subdivision to our south and a 450 lot subdivision to our east -- where are they? You want to see them, they are there. Those are huge developments and there is not a school, there is not a park within any of them. De Weerd: Sir, I believe that you just heard that a school site -- half of it's being donated. They donated all of their road right of way. They are providing a lighted intersection. They are doing their share. And so, again, what my statement was -- I like larger scale development, because you can see how everything will lay out. Campbell: But we don't -- De Weerd: One piece at a time is -- makes it a lot more difficult. Campbell: But we don't see it -- we don't see it until we are in here standing here before you today with a small development and everybody trying to force us to participate in a large scale development. We aren't a large scale development. There has been two Meridian City Council April 18, 2006 Page 55 of 99 large scale developments approved with no school comment, with no negotiations with the school. Volterra has a verbal agreement with the school district. There is nothing written between the school district and Volterra. De Weerd: Sir, my statement was not to anger you. Campbell: It did anger me. De Weerd: Well, I also mentioned, if you listened -- Campbell: I listened. De Weerd: -- is that small scale or last in sometimes bears the burden, but we do need to assure that adequate infrastructure is in place. That is our responsibility. Campbell: I understand that. Bird: Madam Mayor? De Weerd: Okay. Mr. Bird. Bird: I can address that and I understand, too, that small developments come. I don't think anybody on the Council here is expecting you to donate the land. Some do, some don't. The larger ones can. We have the same problem with parks. This same developer has donated ground to the parks, where other developers, large developers, expect to get paid back in impact fees. These people seem to go along. I, for one, would not ask you to donate it, I'd ask you to sell at a reasonable price, because I'm a taxpayer for both entities. I also pay a pretty good share of taxes to the school district to be flat truthful with you, I'd glad to see they are being a little conservative. Surprise. But, anyway, I -- and we are not here to anger you or anything else, but I would ask you what you would think if we put on your preliminary plat, if it is approved, of making that a school site and you cannot change your plat until you come back before us and we will give you some time. Do you have any problems with that, while we are in public testimony here? Campbell: I think that's what we have already done with the June 1st deadline. Bird: Well, I don't think -- I don't think that's really true and I'm not too sure you can get negotiations with land and stuff done within -- by June 1st. I would have no problem extending it a little longer than that, which would be fair. I think both parties need to -- Campbell: I would have no problem with that. Bird: Okay. Meridian City Council April 18, 2006 Page 56 of 99 De Weerd: Okay. Just to let you know we don't pick on the little guys, but last week we had an application for 225 lots. He donated all of his road right of way. He donated towards a lighted intersection. He did off-site improvements. And he donated a lot for Habitat for Humanity. He was 225 houses. So, it's not that much more than yours. And he was stepping up and that's all my point is. And he was a comer piece of property, so he had right of way on McMillan, as well as Linder. So, it's just an example to speak to my point. Campbell: I'm donating right of way and I'll donate a lot to Habitat for Humanity if you would like that. But I will not donate five acres to the school district. De Weerd: Mr. Wardle. Wardle: Madam Mayor, can we let the applicant have his final word? De Weerd: I think that was a good final word. Rountree: Madam Mayor, I have another question, because, you know, I know you're passionate, but I'm looking at consistency and one thing that we have tried to do with these transitions between rural environments and the new urbanization of these rural environments and we routinely hold up applications for the buffering between large acre subdivisions and R -8s. Typically, our standard has been to at least have lots bordering large acreages at a minimum of an R-4 and the last one last week that we said no to we suggested that they be as much as 1,700 square feet -- or 17,000 square feet. Excuse me. De Weerd: That's a big difference. Rountree: Big difference. Yeah. But I guess my question is why -- why aren't we telling applicants that that's what we are trying to do when we have rural residential and -- the R-8 I don't have a problem with R-8 per se, but in that transition zone between those large lots in rest of that subdivision, seems to me that we ought to at least be meeting our R-4 standard on those bordering lots. So, that's a question for Anna and that's a question for Jim or Todd or somebody. And that's a consistency thing. We have been doing that routinely for years. Howard: I understand what you're saying. My name is Jim Howard, I'm with J.J. Howard Engineers. We did evaluate that. We did look at that. It's unfortunate we don't have the aerial photo, because in part of the process we looked at those homes, those homes are well set back from their rear lot lines. For the most part, those homes are way north of our boundary and what lies between those homes and our boundary is pastures and places for horses. So, they have a natural buffer already built in. We didn't see the necessity of providing additional buffer that they already have. Thank you. De Weerd: Okay. If there is no further questions, Council -- Meridian City Council April 18, 2006 Page 57 of 99 Bird: Madam Mayor, before we close it, I do -- I want to follow up on Councilman Rountree's -- I want to ask Todd would you have any objection to taking some of those - - a couple three lots on the north out and making those larger deals? And I realize that you're probably tight with the pencil, but I just -- you know, there is that one lot -- if you go back to the deal, Anna, there is one lot -- or one place over there -- no, the one before that, kid. De Weerd: Kid? Bird: There we go. There is one -- well, she is a kid to me. Rountree: Everybody is a kid to you. Canning: Thank you. I'll take it. Bird: There is three lots behind that one house. I don't care if the house is 150 feet away, you can say all you want, they are going to develop. Is there any way that you would be willing at that one point where you back up to those -- I guess there is four lots along there. Looking at taking some lots out and making it a little larger? Like Mr. Rountree said, we have went 17, 18 thousand, but I would be happy with 14 -- 13, 14 thousand. Or 12,000 or -- we are not even R -4s on some of those. Campbell: Mr. Rountree said he would be happy with 8,000. We would not mind losing one lot and spreading that footage throughout the -- the -- since I'm giving one to Habitat for Humanity, you know, one more for the neighbors is just fine, I guess. Bird: We are not -- De Weerd: I didn't ask for it. I was giving an example. Campbell: I appreciate Mr. Hubble giving a lot to Habitat. He's not a small developer. I wouldn't categorize him -- Bird: We will take any donation you want, beings I have to. Campbell: I will be over for a barbecue. Bird: Okay. Nary: Madam Mayor? De Weerd: No, you can't do that. Yes, Mr. Nary. Nary: Before you close the Public Hearing, there is just a couple things, I guess, for the Council to consider. You're asking for at least a partial redesign. The highway district Meridian City Council • April 18, 2006 Page 58 of 99 indicated they haven't had an opportunity to review the school site on this redesign as well. There was a date -- I would agree with Ms. Butler that maybe some rewording, if the Council wanted to consider on this school site, tying Volterra's action to this property doesn't really make a lot of sense. But, in essence, if the Council approved this plat as proposed and removed the language that had these deadlines, then, the school site is what's there until they come and reapply for something else. You know, I think the issue that the Planning and Zoning Commission went to, which said they, essentially, had some automatic right to replat their property is not consistent or usual as we have approved in the past. Normally, when the city has approved plats, they have approved what's presented to you and if they want to change it in the future, then, they come back and ask for that change. So, I mean you may have some things to consider and I wanted to put that on the record before you close the Public Hearing, in case the applicant had a response to that, but I know we have had lots of discussion over who said what to who, but I did at least hear of the school -- or the highway district say they hadn't responded, because they hadn't seen the school site that's proposed and the access for it. So, those are the things that I didn't want to get lost in the discussion before you closed it and make considerations. But I would recommend some re -thought on 1.2.13 in regards to whether there is a date that's necessary or whether or not you want to remove Volterra from that consideration and whether this automatic right that seems to have been proposed by the Planning and Zoning Commission fits what you consider to be appropriate. De Weerd: Okay. Campbell: I think ACHD's review of the application and final is conditioned upon the plat. If we need to extend the date for the school district, again, we have no problem with that. You know, hopefully, it's within this millennium, you know. It could drag on forever and ever. We want the school there. They just -- you know -- yeah. Nary: And, Madam Mayor, I think all I was proposing was is I don't know if the Council feels a necessity to have a date. I mean if you approve a plat as is, then, it's a school site until -- if they can't resolve it, they can come back and ask at any point to reconsider it and you can have this discussion again. Campbell: That would -- yeah. That's fine. De Weerd: Mr. Wardle? Wardle: Just waiting for the applicant to have his final word, so -- De Weerd: Okay. Anything further? Campbell: This is my final word. Meridian City Council April 18, 2006 Page 59 of 99 De Weerd: Unless we bring up something else, uh? Sorry about that. Usually, we do this after we close the Public Hearing, so you're just fortunate you have an opportunity to respond. We've learned that lesson, too. So, anything further, Council? Bird: I have none, Mayor. Rountree: I have nothing. De Weerd: Okay. Mr. Wardle, do you have a motion? Wardle: Madam Mayor, I move that we close the Public Hearing on item -- 16 is the only item we are considering; correct? De Weerd: Fifteen and sixteen. Wardle: Thank you. Fifteen and sixteen. Bird: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Items 15 and 16. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Mr. Nary. Nary: Not to be hypertechnical, but you opened the Public Hearing on 17, they did move to withdraw it, at least on the record you should move to accept it. De Weerd: Okay. Wardle: Madam Mayor, I move that we accept the withdrawal of Item 17. Rountree: Second. De Weerd: Okay. All those in favor? Thank you. MOTION CARRIED: THREE AYES. ONE ABSENT. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Is this discussion time? De Weerd: Yes. Meridian City Council April 18, 2006 Page 60 of 99 Wardle: All right. Thank you. My discussion on the application, first off -- and I asked Mr. Freeman during public testimony why the school district choose this particular project to come forward and voice their opinion. It's something that this Council has been asking for for years, as I can recall, for the school district to be involved. We hear it from the public time and time again where they come before us and say -- as they talk about density and the ability for schools to serve their children and we have, in my opinion, a definitive answer from -- at least on a specific project from the school district as to their opinion. I think that we should take them into consideration. But I think it's been the focus of the application and the presentation -- I have some consideration with the alley -loaded lots, as I do with every alley -loaded lot that comes through this -- at the City Council and I didn't see -- I haven't seen elevations, I haven't seen the specifics on those -- the homes that we asked for. And so I have some questions in my mind on not just the school portion of this application, but we talked about density here. So, I'm not inclined to look favorably on the application as current. If the rest of the Council wants to either disagree with me or we can continue it to a further date to maybe clear some of these issues up, I would be amenable to that. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Just a question for Councilman Wardle. What specifically would you want to see if we were to reopen and continue? Wardle: Well, I think the issue of density has been raised and, certainly, I think I have heard a comment from the applicant -- the one question I have that I didn't necessarily ask is the removal of the variance for reduced front garage setbacks from 15 feet, how does that affect the current plat? How does that affect the housing stock and these different styles? We talked about the movement from the Planning and Zoning Commission, the ability to move that -- the amenities to a central location, which we are not -- I understand there is an agreement that we are not seeing here. Those are some of the unanswered questions in my mind. In addition to, obviously, the comments from the school district. De Weerd: Did you ask those questions? Wardle: I believe I did. De Weerd: Okay. Wardle: I believe I specifically -- uh? De Weerd: And you didn't get much information -- Meridian City Council April 18, 2006 Page 61 of 99 Wardle: Oh, I asked the applicant during his presentation whether that was his presentation on landscaping -- the specific things that we typicaliy ask for and so I assume that was their presentation. De Weerd: Okay. Any other comment from Council? What would be your preference? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: My comment is -- I appreciate the -- what Councilman Wardle indicated from the school district. It's great to hear from them. But I'm not going to sit here and arbitrate between an applicant and the school district. That's their issue. I think the applicant has made a good faith effort into providing the school site on their plat. I like the recommendation from counsel that it's platted that way, it stays that way, and there is no time certain one way or another. If the deal can't be cut, the applicant at any point in time can come back and replot the whole parcel if they wish. So, in that regard I'm comfortable. I tend to agree, Shaun, with some of the comments you have made. We have -- we have asked and gotten a response from the applicant that they would be willing to increase the size of the buffer area lots. I appreciate that. That needs to be changed on the plat. That is a plat change. I don't think it's a significant one, but it's one that we need to see before we take final action. ACHD is probably going to want an access to the south. For now that somewhat hinges on whether or not there is a school there, but could -- could or couldn't show a roadway there on the plat, depending on what the response is there. I did answer my question about the north and that works. I'm not sure we got any specifics on the alleyway and that's certainly something that we have been around and around and around with the UDC on. And, specifically, we have been asking for some kind of an idea what the product looks like. So, with those pieces I agree with you, Shaun. I guess for the applicant, as opposed to entertaining a motion to deny, I would entertain a motion that we reopen the Public Hearing, continue it, and ask for specificity as it relates to the alley -loaded product, some elevations on the product, a replatting that shows the northern lots that border the rural neighborhood, and -- what am I missing here? Oh. The potential access to the future school site out of this subdivision. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: If I can just respond quickly. The project as a whole is not something that I have a large amount of heartburn with. I just didn't -- during our discussion and back and forth with the applicant, get all of the information that I was looking for and so, certainly, I would be willing to open that back up and allowing -- I don't know how long it would take to gather that information, but certainly probably would be in fairly short order. Meridian City Council April 18, 2006 Page 62 of 99 De Weerd: We could ask the applicant to -- 17J Bird: It's either -- it's either do that or I can't buy into it the way it is right now. I'm not going to pass on alleys that don't meet specifications. We fought too hard for that. De Weerd: It's not open right now. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: One other point that was raised I don't know if Councilmember Rountree was concerned. That eastern stub street versus it being east or north, the applicant indicated either one was fine. I don't know if you want a comment from someone, but since that was brought up, I don't know if it's a concern to you. De Weerd: And, Mr. Bird, I don't think anyone said that the alleys didn't meet code. No one's even talked about them. Bird: Well, let's go back to them. I want to make sure they don't. De Weerd: Okay. It looks like we need more information and I would entertain a motion to move the direction you want to move. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we re -open the public hearings for Items -- 15 and 16? De Weerd: Uh-huh. Rountree: And specifically for the applicant to have an opportunity to provide the city with a redrawing of the plat that would indicate larger lots on the northern border, at a minimum size of an R-4 or larger, that the applicant provide elevations that will give the city a sense of the architectural type for the alley -loaded product. That the applicant bring back specifics as it relates to the UDC on the alley, alley widths, and, hopefully, we will get a comment from the fire department. And the -- looking at the access to the south and working with ACHD on the flip of a coin on which way to put the access to the north, whether it goes north or whether it goes the way it is now, it doesn't matter to me. It's there, so if it works better for the lay of the land here, the way it is now, is fine to take a look at that with ACHD. Anything else? If nobody has any other comments, that's my motion. Bird: Second. Meridian City Council April 18, 2006 Page 63 of 99 • De Weerd: Okay. So, there is a motion to reopen with the specified requests as outlined and -- Canning: Madam Mayor? De Weerd: Yes. Canning: If I may, with regard to the timing of when this comes back, this is a residential project with no planned services in the near future. De Weerd: If you will let us first vote on opening the Public Hearing, I'll do that first. Okay. All those in favor say aye. Okay. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Now, Anna. Canning: My timing is off tonight. I'm sorry. This is -- this is a residential project where services won't be available for at least two years. I am without staff to process -- to review this change until June. We are full committed on your May hearing, so I would ask that you -- if you do table this, that it be sometime in June. Bird: Continue it? How long, Anna? Canning: I believe the first hearing in June is better than the second. No, actually, it would be the second hearing in June. Bird: The 13th probably won't have one, because I see that we -- be the first time we -- De Weerd: When does AIC start? Canning: Madam Mayor, Members of the Council, I was thinking of P&Z week. So, the first -- your first hearing in June is probably okay. It's the P&Z's first hearing in June is -- Bird: The 6th. Canning: Okay. De Weerd: Okay. Do you need any greater clarity? Do you need any further clarity? Rountree: I'll add this to my motion that -- continue it to June 6th, 2006. Bird: Second that. De Weerd: Okay. That was the motion. Okay. We do have a motion to continue to June 6, 2006. All those in favor say aye. Okay. All ayes. Meridian City Council • April 18, 2006 Page 64 of 99 MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Anything further, Mr. Wardle? Wardle: No. Just the final word. De Weerd: Final word. Thank you. That means you're not going to speak the rest of the evening. Wardle: Probably not. De Weerd: Go find Mr. Borton. I'm going to call a five minute break. (Recess.) Item 18: Public Hearing: PP 06-002 Request for Preliminary Plat approval for 23 commercial lots on 22.85 acres in a C -G zone for Gateway Marketplace Subdivision by Landmark Development — southeast comer of Ustick Road and Eagle Road: De Weerd: Okay. I'll go ahead and call this meeting to order. This is a Public Hearing, Item 18, on PP 06-002. 1 will open that Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Gateway Marketplace project. It's at the southeast comer of Ustick and Meridian. Ustick. Meridian. And this is a preliminary plat application. As you can tell, it's already been -- Ustick and Eagle. Sony. Have I got the right project? The Gateway Marketplace or Meridian Gateway. You are Gateway Marketplace. Okay. I have trouble keeping these next two separate in my head. De Weerd: I know. There is something in common with their name, I think. Canning: Okay. De Weerd: Gateway. Canning: My notes are incorrect. It is Ustick and Eagle. The development includes 18 commercial lots to construct up to 250,000 square feet of retail and restaurant uses on approximately 22.5 acres. Apparently we don't have the site plan, Tamara. De Weerd: Slow down. Canning: Sony. I was looking for the site plan, but we don't have one, but I know the applicant does have one. As I mentioned before, there are 250,000 square feet of proposed commercial square footage and staff has added some conditions of approval Meridian City Council April 18, 2006 Page 65 of 99 about no -- no one building being larger in size than half of that approved. So, there are some conditions regarding that in the staff report. There is a concurrent variance application that will be discussed after this hearing. There are no elevations for this project as proposed right now. The applicant has stated previously that the development will be consistent with the Sadie Creek project that was approved just west of the site, so that was presumed to be the development style for this project as well. The Commission did recommend approval at their March 16th hearing. Tamara Thompson, the applicant's representative, spoke in favor of the application. No one spoke in opposition or commented. The key issues of discussion by the Commission were the constructing sidewalk -- the key issue was the Eagle Road access points. It looks like that other one -- I copied it over from the staff report, but that must be in error. The key Commission changes to staffs recommendation were including a full access to Eagle Road at the quarter mile south of Ustick. And I think we touched on that briefly as part of the Bienville application and variance application. And, then, supporting a public road connection at the quarter mile south of Ustick Road. The outstanding issues for Council clearly are the Eagle Road access points related to the variance application and also construction of Allys Way and I do want to touch on that a little bit. As you know, the highway district has submitted an application -- annexation application for this long skinny property here and their intent in purchasing that property was to facilitate the construction of a collector road that aligns with Allys Way across Ustick, comes down through their property. It would be a continued by development of this commercial property, kind of adjoining the Red Feather development -- or that was brought in and annexed as part of the Red Feather development. And, then, it would come here through this property here. There is a small frontage there. And, then, you're at the half mile. And we showed that half mile access point at the school. Here is the school. So, it would -- that half mile collector would come in and, then -- from Eagle Road at this point and, then, would continue onto Fairview. So, this was, really, a rare opportunity to have a full alternative road section to Eagle Road that would take the traffic off of Eagle Road. The development agreement for this project does say they need to have a frontage or a backage road system. When this was proposed by ACHD, staff has always supported that this would provide that backage road system. ACHD is asking now that the Council consider whether this development should, in fact, be tied to the construction of this. They have purchased the property. They have not allocated funding for the construction of the collector road. So, that would be one of the large outstanding issues for Council. And with that I will let the applicant show the -- how the site will develop. I know she has a presentation regarding that. Unless the Council has questions, Council or Mayor. De Weerd: Any questions, Council? Bird: I have none, Mayor. De Weerd: Okay. Thompson: Madam Mayor, Members of the Council, my name is Tamara Thompson. I'm with Landmark Development Group, 1882 Taluka Way in Boise. Meridian City Council April 18, 2006 Page 66 of 99 De Weerd: Thank you. Thompson: With me tonight I also have Patrick Dobie, the traffic engineer, and Bill Ray Strite, the architect, that will have brief comments after I'm complete. And just so -- De Weerd: Okay. You're all within the same time period, though. Thompson: We are doing the variance separate, is -- is that correct? De Weerd: Yes, we are. Thompson: Okay. As Anna said, our site is located at the southeast comer of Eagle and Ustick Roads. We are proposing to develop approximately 23 acres and the proposed development will consist of commercial, retail, restaurant, and office. The exact mix will be dependent upon market conditions at the time of development. The site plan looks really small in here now. Just want to point out a few things to you. The property was originally annexed and rezoned in 2004 and a development agreement went along with that. What we are before you tonight is for a preliminary plat and for a variance for access onto Eagle. We went before Planning Commission twice, once in February, once in March, and the site plan was revised substantially to comply with their comments. Basically we had -- these were originally in line, so we have staggered those and we have kind of -- more of a meandering driveway along the front. We made more of a -- more pads and the -- or the in line space used to come clear out to here and we have eliminated some of that and added more -- more pads and we have added landscaping and patio areas adjacent to the pads and we have added considerable more pedestrian linkage between -- in the site. And, then, the cross -access points to the east and to the south. Staff wanted three access points, so we have been working closely with the Una Mas folks on exactly where these accesses work for both of us and these are the locations that we have determined here and here goes to Una Mas. This one down here is actually south of their property and that goes to a third party that we have tried to contact, but have not been in touch with at this point. Back in October of '05 we held a neighborhood meeting and due to the sensitivity of Una Mas and at the time they were planning office, which I still think they are going to have a portion of it as office, not all of it, we have proposed to mitigate some of their concerns with -- including a three foot landscape berm with some larger 12 -foot trees at the time of planting along our eastern property line. So, along this line adjacent to -- to where their office uses are going to be. We will include that. And, then, if you could go forward one. This is just -- this is just an architectural vision. This is the same as what we were proposing for the Sadie Creek Promenade. These are the same -- right now the same ownership, so they are looking to keep these centers architecturally consistent. And, then, the next one. One of the things that Una Mas was concerned about is having some sort of a block, if we have a recessed truck dock, to limit the view and the noise and so we have agreed with them that we will put up some barricades along the truck docks, but make them a little higher, probably around six feet, to help limit the view. And the next one. Oh. And one other thing on that -- on that slide. The back of the building -- this, actually, is at the Meridian City Council April 18, 2006 Page 67 of 99 Crossroads -- Meridian Crossroads. The back of this building is just kind of a plain color and what we'd like to do -- sorry, Anna. Next one, please -- is just, you know, color bands with paint, maybe some texture changes, stuff like that, is just, you know, wrap the back of the building, so that the back isn't just plain, that it is -- does have some sort of an architectural element to it. And, then, you can see on this one, this is a trash compactor, that there is a wall to screen the noise there, that if we do have any trash compactors, that we would provide and, then, any other trash would be in an enclosed dumpster area. We met collectively with ACHD. So, Una Mas and myself met with ACHD to discuss the cross -access needs and the construction of the roadway, which isn't necessarily on this drawing, but, basically, Una Mas sits here and, then, the new roadway for ACHD is here. Collectively, we have agreed to pay for half of that new Allys Way -- Allys -- yeah. Allys Way is what it's called. The new roadway that ACHD is proposing to put in here. And, then, those three access points would go through and connect to that road. There was a requirement for a backage road with the development agreement that was approved in 2004. Anna, could you go back to the site plan, the very first one, please? We can still accommodate that on site. It meanders through a little bit where you would come in here and come through and, then, you can get out to the south. But we do believe that the Allys Way is a better alternative for that and since we have been in agreement with Una Mas, that those -- those should go through. But we are still at the mercy of another property owner to -- to actually get access over there. You know, if -- if and when they develop is -- because we don't have easement rights, we just access to cross over at this point. There are a few areas in the staff report that I'd like to point out that -- that I need clarification or give clarification. The first one, Anna, I think I already brought up, is on page two of the staff report under the key issues. I -- it talks about constructing a sidewalk along McMillan and Meridian Roads and I think that's just either left overs from something else or a typo, since we are not -- not at that location. The next is on page five and this talks about the access onto Eagle Road, but those dimensions that are given there under N, as in Nancy, are wrong. It is correct in other areas of the staff report, but those, instead of 700 feet, should read 850. And instead of 1,200 should read 1,350. Page ten, the commercial amenities, my only problem with this is that this is a conceptual site plan. If you could read these closer, they -- some of them are designated as drive-thrus. If that's how the tenant mix goes, if that's how, you know, the market interest goes, so I just -- the intent is that we are going to comply with the site plan as much as possible, but I just want to point out that if we do have drive-thrus in different locations, then, they -- and we haven't necessarily shown those on here. We labeled them as such, but they are not shown that way. So, I just wanted to make sure we have the leeway to work with staff on exactly how the landscaping and the -- and any pedestrian areas flow for -- for those areas. And that goes along with -- on Exhibit C, page one, has the same -- on 1.1.4, the first one there calls out different -- different landscaping and patio space for the different lots -- different pad sites and, again, our intent is to comply with this, but we do want the leeway to work with staff on exactly how -- how that works. And, then, the second bullet point under that calls for perimeter landscaping to be 20 feet along the eastern perimeter and I believe this to be left over from when this was -- prior to it being zoned and annexed, but now that it has been zoned C -G, the same as what we are, a 20 foot buffer or perimeter landscaping there doesn't -- doesn't seem appropriate. I Meridian City Council April 18, 2006 Page 68 of 99 think our site plan is showing ten feet. And with that I will stand for questions. We will keep our other consultants for the variance application. And appreciate your time and would like to respectfully request approval of our preliminary plat. De Weerd: Council, any questions? Bird: I have none, Mayor. Rountree: No. De Weerd: Okay. Thank you. This is a Public Hearing. Is there any public testimony? Okay. Seeing none, Council, any information needed from staff or the applicant? Canning: Madam Mayor, Members of the Council, would you like me to comment on those two conditions of approval that they have recommended changes to? De Weerd: Uh-huh. Canning: On the first one regarding the amenities, this is zoned as mixed use regional on the Comprehensive Plan and the Comprehensive Plan does specifically talk about providing some amenities in the commercial development, specifically some plazas and gathering places. When we have left it open we have had a very difficult time going in as staff and requiring amenities that are really very meaningful. We felt that the ones that Mrs. Thompson recommended on this site were a nice amenity and we would like to see something like that. And I think that's why that condition is worded a little more strongly. We have had a very difficult time in other places as staff negotiating any type of meaningful amenity. Regarding the 20 -foot landscape buffer, she is right, this was a hold over from when that was not part of a zoning application for the city, so I believe that her comment regarding that is fine. The errors in the staff report are noted. Really, the only ones that we need to be concerned about amending are those in the conditions of approval, so that we get those correct over time. De Weerd: Anna, I guess I have a question for you or Bill. Without granted easements back to the collector road, can that be counted as their backage requirement? Canning: Madam Mayor, Members of the Council, the applicant indicated that they have made a commitment to pay for half of the construction cost of that collector road. I believe that's a verbal commitment at this time. What I had suggested in my presentation that Council may want to consider construction of that collector road as part of the development of this project. They do have the development agreement. You could modify that development agreement to include construction of that collector as meeting that requirement -- their current requirement in the DA of a frontage or backage road, I believe. De Weerd: But without the surety they are going to have access back there, how can that be required or asked of? Meridian City Council April 18, 2006 Page 69 of 99 Canning: Well, we did get commitments from Una Mas as part of their development agreement that they would provide that cross -access. De Weerd: Okay. Canning: And we are assuming ACHD will provide that cross -access on their portion -- unused portion of the property. We anticipate we will be able to get that, so -- De Weerd: You'd have to ask Gary. I guess if he wants help to developing the road, that would help. Any questions from Council? Bird: I have none, Mayor. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Just to follow up on a couple of those comments from Mrs. Canning. In the applicant's final rebuttal I mean they could maybe address if they have a concern with that access issue. They are already required to build a road. The access that's being provided, the cross -access, the property that's there, they don't have to purchase to build the access backage road that's been required by the development agreement appears, at least to me, to be a fair consideration for the city to require that commitment, but I mean they, obviously, get to comment about that if that's a concern of the Council. But it appears if there is a necessity to amend the development agreement, then, we may need to continue this hearing to notice up that that's being amended as well. Under the state code to amend the development agreement requires a separate Public Hearing or a noticed Public Hearing and that's not part of this noticing that was done. So, that may be another issue. We may have to continue to make sure that anyone who had a -- wants an opportunity to comment about that particular condition being amended has an opportunity to come and appear before you. De Weerd: Okay. Any other questions from Council? Any public testimony? Would the applicant like any final word? Thompson: Thank you, Madam Mayor. I just wanted to reiterate that it is our intent to comply with this and that language was just pretty strong and that I didn't want it to be taken very literal that this site plan was locked in place, because this is a preliminary plat, not a final plat, and, you know, we wanted the leeway to work with staff, as long as that is the intent, then, we are okay with that. As far as the backage road, like I said before, you know, we do have connectivity through the site that I believe meets the intent with, you know, no back-up parking within the -- within the access and no -- or it has to be a certain width and no back-up parking and that kind of stuff. But it doesn't necessarily have to be a straight shot, that it can -- that it can meander through the site. So, we are providing for that, but, again, we do feel that the better alternative is the -- is Meridian City Council • April 18, 2006 Page 70 of 99 the other road that ACHD is asking for and we are agreeable to help contribute to pay for that. De Weerd: And I think a backage road is a public road and so the meander through -- Thompson: The development agreement specifically states public or private backage road. so, it doesn't -- you know, it doesn't have a requirement for a public road, as far as the way it currently reads. De Weerd: Okay. Gary, would you like to come and provide public testimony? Inselman: Madam Mayor, Gary Inselman, representing ACHD, 3775 North Adams again. I think there is an important clarification, maybe, that we need. This is a unique situation that -- we haven't acted on this preliminary plat yet. Normally, we act before the Council acts. We have requested that the applicant tell us that they want to use Allys Way in lieu of the frontage or backage road that your code requires through the site, be it public or private. I think it's an important point to be made that they are requesting that that meet your requirement for the frontage or backage road for us to be able to take an appropriate action and for this body, I believe. De Weerd: Thank you, Gary. Thompson: I assume you're asking me that question. Yes, we would like to use Allys Way as our backage road requirement for the development agreement. But, like I said before, technically, we have cross -access to get there, but we do not have a construction easement to go on somebody else's property to physically construct an access point to that. So, I believe it's going to happen concurrently, that the two developments will go concurrently, but -- which, you know, you never know on timing, especially when we are at the mercy of a third party. De Weerd: Okay. Okay. Council, do you have all the information you need and, if so, I would entertain a motion to close the Public Hearing. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the Public Hearing PP 06-002. Rountree: Second. De Weerd: Okay. There is a motion to close the Public Hearing on Item 18. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Meridian City Council • April 18, 2006 Page 71 of 99 De Weerd: Any discussion, comments, or -- Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: A question for Mr. Nary. Did I hear you right that the only way to require that contribution for the construction of Allys Way be through an amended development agreement, which would require this to be continued and noticed up for that? Nary: Madam Mayor, Members of the Council, I'm pulling up the development agreement now to see if it needs to be amended. If it does need to be amended, then, the state code requires a Public Hearing to amend it and it hasn't been noticed as a Public Hearing to amend the development agreement, so you would have to continue it. But while they were talking I have been trying find it, so I can verify if it needs to be amended. If the requirement is that a backage road is required and, as Mrs. Thompson stated, it simply says public or private backage road, if the Council wants to consider if that can be satisfied by this -- construction of this roadway and that the construction through Allys Way and the easements that are necessary and that ACHD is committed to working with the applicant, then, it probably doesn't require an amendment to the development agreement, you're just making a determination that that satisfies that requirement if they can accomplish that. And so, then, another hearing won't be required. De Weerd: But since we have not had comment from ACHD on using that as a backage road, we would need to wait and have that comment; is that correct? Nary: Right. I think that was what -- I was trying to look at Mr. Inselman, so, I'm sorry. I think he wanted to have a little more time to at least -- Rountree: He wants direction from the city. Nary: Oh. Okay. Bird: Yeah. He wants direction from the city. Nary: Okay. De Weerd: Okay. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council April 18, 2006 Page 72 of 99 Rountree: I don't, obviously, know what the development agreement says, but if it's a question of whether or not the ACHD parcel and the joint venture between this development and Una Mas can develop the Allys Way, I would see that that complies with the city's desire to have a backage road. So, unless the development agreement says something more specific than that, I don't see why it's a question. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I would agree with Councilman Rountree. I think this is what we heard in Pre -Council today, having a backage road and it comes down. I think it's ACHD, according to a letter we got today, they are just waiting for us to let our desires be known and they would pay for it, so I agree with Mr. Rountree. De Weerd: Okay. So what would you like to do? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I don't disagree either. I'm just making sure there wasn't anything that -- any agreement that would -- Nary: Madam Mayor, Members of the Council, I'm not finding any -- the way the development agreements used to be written they are fairly lengthy, so they are a little different than how we do them now. But I'm not finding anything that requires you to amend it. I think you can certainly make that finding if you need to. Borton: Madam Mayor? De Weerd: Okay. Mr. Borton. Borton: I think Mr. Nary's search and Mrs. Thompson's statement as to what that development agreement does reflect, I feel comfortable that this agreement, along with Una Mas to help pay for the backage road, Allys Way, accomplishes the goals the city is trying to take care of and with that I'd move to approve Item 18, PP 06-002. Bird: Second. De Weerd: Okay. I have a motion to approve Item 18. Any discussion? Hearing none, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Meridian City Council April 18, 2006 Page 73 of 99 Item 19: Public Hearing: VAR 06-002 Request for a Variance for two access points to Eagle Road SH / 55 for Gateway Marketplace by Landmark Development — southeast comer of Ustick Road and Eagle Road: De Weerd: Okay. Item 19. Rountree: I need to recuse myself. De Weerd: Okay. Mr. Rountree is recusing himself, so I will open Item 19, Public Hearing VAR 06-002 with staff comments. Canning: Madam Mayor, Members of the Council -- actually, I should probably go back to the one I was just at. Sony. The applicant -- this is the request for the variance. The applicant is proposing two access points to Eagle Road. My notes are incorrect once again. Sorry about that. One would be a full access point located here. The other one is right -in, right -out only. That's the northern of the two proposed access points. This access point would have lined up with the Bienville access point across Eagle Road. I am going to briefly go through some of the reasons why staff is recommending denial of the various application. The development agreement clearly states that no access points were proposed or addressed as part of the annexation application and the development agreement between the applicant and the city requires, again, as we have already discussed, either a public or a private street backage road that would be constructed parallel to Eagle Road and ACHD -- this is another twist on that. One of the reasons that that collector road is so important is also that ACHD has stated that -- I'm sorry. I'm getting confused. That ACHD with that has — we do have these three access points, so the need for the two on Eagle Road are diminished. They have two going onto Ustick and they will have three going out to Allys Way. The access points do not meet ITD policy standards for being at the half mile. ITD specifically stated their opposition to access at this site in 2003 and the City of Meridian incorporated their recommendation into the consideration for annexation. Now, the letters received from ITD during 2003, 2004, do talk about approving access points, but they make no guarantees that any would be approved. Most recently ITD has said they will conditionally approve the access points if the City Council approves the variance. This - - when we started talking about the frontage, backage road with ACHD, ACHD also pointed out that the reason they acquired the property that they did to build the collector road was to alleviate the need for access points onto Eagle Road. If Council does approve a number of additional access points to Eagle Road between Ustick and Fairview, ACHD may decide that it's not in the best interest to provide the separate road system, since everyone will be just accessing Eagle from their access points. So, this is kind of the other half of that -- that collector road story is that for that to be a viable investment from the highway district, there needs to be limited access on Eagle Road, so that people are actually using those collector road systems for what they were intended, which was to relieve pressure from Eagle Road. Moving on. In this instance the City Council is specifically on record during the 2004 hearing process opposing access points in Eagle Road for the eastern side of the development and you did Meridian City Council April 18, 2006 Page 74 of 99 require the frontage road access only. In Councilmember Bird's motion it said -- he stated: We are basically just annexing the property. We are not giving any go ahead on anything or any design. So, with that said I would move that we approve the request for Kissler and moved on from there. So, there wasn't specific approval of the access points or any of the development with the annexation request. Again, as I pointed out earlier today, the traffic data from 2004 -- we don't have updated 2005 numbers yet, but it would support not approving the variance for safety concerns. Our greatest number of traffic accidents do occur along Eagle Road. The sixth reason for recommending denial of the variance, the access points are not shown on the Eagle Road corridor study, nor are they shown on the Eagle Road arterial study, which was an alternate study. And, finally, the request does not meet the standards for access approval as required by the UDC and they don't meet the variance findings from the UDC as well. So, you do have Finding before you tonight. Those are for denial. And with that I will answer any questions that Council may have. De Weerd: Okay. Council, any questions? Bird: I have none now. De Weerd: Okay. Would the applicant -- Thompson: Madam Mayor, Members of the Council, my name is Tamara Thompson, Landmark Development Group, 1882 Taluka Way in Boise. Just for the record, I'd like to give you my background and credentials. I have worked with and for commercial retailers and developers since 1982, assisting in site planning, site development, site selection, entitlements, construction and operations. I have specialized knowledge in access issues as it relates to retail developments. We are proposing two access points on Eagle Road at approximately 850 feet and 1,350 feet from Ustick Road. Those dimensions are from the center line of Ustick Road. The existing development agreement discusses in several areas the potential connection and access to Eagle Road. But specifically it states that the applicant and property owners are to work with ITD for access. Immediately after the development agreement was executed in April of '04, the property owner was Mr. Kissler, which he still owns a portion of the property today. He immediately started working with ITD and Mr. Kissler was issued an e-mail from ITD in October of '04 stating approval and the details for access onto Eagle Road at the two locations that we are currently proposing. In his mind he thought access was done and, I'm sorry, Anna, could you go forward a few? I have -- right there. One back, please. That one. Yes. This is a letter that Mr. Kissler received from ITD, which, I'm sorry, I'm not able to read. I have submitted this to the city. Back in February I gave the city a copy, so I don't know if you were given a copy of it. But, basically, it was a meeting between several members of ITD, including Chuck Winder and Mr. Kissler and the outcome was that -- number one says full access with the construction of a deceleration lane will be granted at the southern edge of the parcel approximately a quarter mile from the intersection, to be either shared with the adjacent property owner or a cross -access agreement shall be given to that owner. And number two is a right -in, right -out access with the construction of a deceleration lane will be granted at the Meridian City Council April 18, 2006 Page 75 of 99 appellant's preferred location within a minimum distance of 780 feet from the south edge of Ustick to the north edge the approach to a maximum of 930 feet. The right -out movement controls the minimum distance. If you want a right -out -- I'm sorry, a right -in only access, we can reevaluate it and get it more southern along the property. And there is a couple other things there. Hopefully you have a copy of that. But at that point that -- that e-mail is dated October 25th of '04. Mr. Kissler thought the access was a done deal. The existing development agreement language should grandfather this project, since it was executed over a year prior to the new ordinance. The ITD access executive committee re -approved the proposed access points on March 22nd. The City Council should feel comfortable that ITD's review and analysis of our traffic impact report that was prepared by Stanley Consultants is adequate and ITD did review that report to come up with their decision. The design for the Eagle Road corridor shows the proposed approaches. One forward, please. Go to the next one and, then, stop. One more, please. These are getting fairly small. This is -- this is Lowe's here. This is the Eagle Road concept plan. I went to ITD, they gave me copies of their pull-outs, so they have a binder, then, they have kind of some pull-out aerials that go along with that. This design was presented to the public at an open house at the Hilton Garden Inn on June 15th and 16th of 2005. And the -- I'll get my copy, so I can tell you exactly what it shows. What this shows is that there is access here and access here. And there and there. And on the opposite side of the road there is access right there and at that location and at that location and it does not show anything here on the northwest comer, which subsequently has been given three access points. But at the time of this it was not. So, this is for the north side of the road. And this is for the -- for the median design going in. Once the median goes in this gets -- from the full access that they have right now to a right -in, right -out and, then, this one you can see there is some channelization in the median, where they would be given a left -in, right -in, right -out and, then, this property here with that channelization would have a left -in, right -in, right -out. One more, please. In front of our site the two -- and I'm sorry you can't see this. The two access points that we are proposing here for a right -in, right -out and here for a full access, you can see that -- that they have accommodated that in their design of the median and, basically, what this has is it's a channelized left -in and, then, a channelized left -out. So, you can't go straight across. But it's not the same as what the -- like south of Fairview where all the accidents are occurring that -- you know, it's not just a free for all, that it is, actually, more controlled. And, again, that's -- these designs were presented to the public on June 15th and 16th of 2005. Both the northeast comer, which is Lowe's, and the northwest comer, which is the proposed Kohl's, utilize backage roads and multiple access points onto Eagle Road. Go backwards. Right there is fine. Mr. Unger stole my exhibit before, by the way. The Lowe's sits here and they do have a backage road that gets them to their full access point here and, then, Mr. Moore in his development is required to put in an access point, plus he has three accesses onto Eagle Road. Lowe's has two access points there. So, both the northeast comer and the northwest comer utilize backage roads and multiple access points onto Eagle Road. We are asking for the same access at the same locations. So, basically, the distance off of Ustick is consistent for the access points that we are requesting. What we are asking for is that the playing field be level. It's an issue of fairness and the exact same accesses have been granted on the north comers. Eliminating access on Eagle Road Meridian City Council April 18, 2006 Page 76 of 99 will destroy the convenience factor of the site. Failure to grant access will substantially impair its access for its highest and best use. Factors contributing to the site's highest and best use of high density commercial retail include its superior visibility. It's a large, relatively flat, rectangular parcel with significant state highway frontage located at a signalized intersection of a state highway and a principal arterial. It's located on the going home side of the state highway. It's in close proximity to 1-84. It is mixed use regional land use designation and general commercial zoning designation. It's located in an area of ongoing intense development. The existing public services are sufficient to service this use and ITD's 2004 and 2006 approval to -- of the two approaches on Eagle Road. Reasonable access for this site consists of two accesses on Eagle Road and two on Ustick Road and an access to the future backage road. With these accesses the property will accommodate a retail center. Denial of the property's two Eagle accesses will unreasonable burden the site. Access to Ustick only does not constitute reasonable access. With the elimination of access onto Eagle Road the developability of the site will be limited due to increased congestion. The overall square footage of the project will be -- will need to be reduced. The use down graded to office and there is a high probability that the site or a portion of the site will sit vacant. The highest and best use for the property changes dramatically for high intensity retail commercial to that of a much lower value use of an office park development with a minor secondary retail commercial component and our brokers are estimating that, basically, the retail component of this project would go down to ten percent of the size, so roughly 20,000 square feet, instead of -- yeah, 25,000 square feet, instead 250,000. Convenient access -- convenient Eagle Road access for trip capture is critical for commercial purposes. The variance finding -- the variance does not grant special right or privilege that is consistent with all the other commercial centers along Eagle Road and specifically at this comer. It relieves undue hardship. The access to the backage road of Allys Way and at the half mile point -- I'm song, Anna, could you go back one. Ultimately, the backage road will connect to the half mile point. We -- like I said, we have cross -access, but we don't necessarily have a construction easement, but this only gets here. So, even with access to this backage road we still ultimately only have access to Ustick, which we already have two accesses onto Ustick. So, it doesn't help us much until this road gets through all the way, which is the future plan, but we are at the mercy of other land developers and that would limit our ability to develop anytime soon. So, that would potentially down grade the site or put on hold indefinitely. Also, the site has two deeded access points onto Eagle Road and we have to proceed per the 2004 development agreement stating to work with ITD, which this property owner did immediately. And the variance shall not be detrimental to public health, safety, and welfare. ITD has analyzed our traffic impact study and it's comfortable that the access can be designed safely, which I have shown you with the channelized accesses. And our traffic impact study shows that the level of service at the Ustick and Eagle intersection operates at a better level of service with Eagle Road access. With that I will tum over the microphone to Patrick Dobie, our traffic consultant. De Weerd: Okay. Just to note the time is very short. Please state your name and address. Meridian City Council April 18, 2006 Page 77 of 99 Dobie: Madam Mayor, Members of the Council, my name is Patrick Dobie. My address is 777 Heartstone Drive in Boise. Let me give you a little bit of the background on this site. In 1995 the Idaho Transportation Department acquired additional right of way to widen the highway. The current -- the owner of the property at that time was Fearless Ferris company. They sold the right of way to ITD for some compensation and two access points. Those access points were included in the right of way contract and they were deeded access easements, which was a substantial portion of the compensation to the right of way that was taken by the state. Early in the planning process, around February of 2004, we attended a workshop with the Idaho Transportation Department to look at a concept study for a median divider on Eagle Road. Following that meeting we prepared a traffic impact study and reviewed with the staff at ITD the needs of the project and the transportation impacts that could be created by restriction of access. The state reviewed that study which contained a finding that the site could not provide -- that without a direct access to Eagle Road reasonable access to the site could not be accommodated. Reasonableness was quantified with the objective criteria that dealt with a level of service, on site queue lanes, delays, internal circulation problems, and the loss of access to pass -by -- De Weerd: Sir, if you will, please, summarize and conclude. Dobie: Okay. If I may, the -- based upon commonly accepted engineering criteria -- and for the record I'm going to submit three documents. One is the Access Management Manual of the Transportation Research Board, the Traffic Engineering Handbook of the Institute of Transportation Engineers, and the Policy of Geometric Design for Highways and Streets by the American Association of State Transportation Officials. In addition to that, a copy of the letter that Mr. Kissler received from the Idaho Transportation Department approving the locations of the driveways. What these documents show is that the proposed access do not create any safety or operational impacts on the highway and that they can be improved without any interference or any detriment to public health. Thank you. De Weerd: If you will submit those to the city clerk. Thank you. Okay. This is a Public Hearing. Is there any public testimony? Strite: Madam Mayor, Members of the Council, Billy Ray Strite, and I am a member of the public. However, I come on behalf of Mr. Kissler, so I hope you will give me just two or three seconds. De Weerd: I'll give you three minutes. How about that? Strite: Three minutes. That's excellent. Thank you very much. He asked me to pose two questions to the Council as it related to the access approval process. The first of which is that is a variance actually necessary considering the fact that we proposed, we submitted, and were approved an annexation and a rezone which were all tied together, if you will, by a concept use plan. That concept use plan delineated the two deeded access points onto Eagle Road. So, his contention is since this preceded the UDC, that Meridian City Council April 18, 2006 Page 78 of 99 C� is, in fact, a variance even necessary. Similarly, he has asked me to suggest that under the policy, development along federal and state highways in the UDC 11-3-H-3, the decision-making body may consider and apply modifications to the standard of this section upon specific recommendation of the Idaho Transportation Department. It makes no reference to the requirements for a variance. So, I will make this very quick. I'd like to propose and I'd like make part of the record the original concept plan delineating the two required access points that were approved under the March 16th date of '04, 1 believe, Mr. Nary. The development agreement and the Findings of Facts. And, lastly, Mr. Kissler would suggest that if, in fact, the variance is required, should he not be granted the same Findings of Facts as the Kohl's approval dated in March of '05. With that I will hand you these documents. Any questions, if you might have them? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mr. Strite, I -- as you testified, Mr. Kissler feels that the motion of the annexation and the development agreement back when it was done was giving approval to these -- entries -- these two entries on and off Eagle Road; am I not right? Strite: Madam Mayor, Councilman Bird, I think that the parcel annexation sketch, which was the zone use map, that was actually requested by the staff and the Council at the time, became part and a parcel, if you will, to the approved development agreement and the final Findings of Facts and Conclusions of Law of 3/16/04. And if you -- Will, if you could pass those out, I don't think that this thing reads very, but you will note that the two access points delineated as B on this map refer to as ITD approved access points. And it's our contention that this plan, which was requested by this Council -- a previous Council, was part and parcel to those agreements. And, thus, it's Mr. Kissler's contention that a variance, in fact, wasn't even needed. Or, certainly, if a variance is needed, the Findings of Facts and Conclusions of Law should be consistent with that of the Kohl's application, which was approved a year later. And that's all I have. I will paraphrase Councilman Wardle and that's my last word. De Weerd: Is there any further testimony on this application? Okay. Any final word? Dobie: Madam Mayor -- De Weerd: If you will just restate your name and address. Dobie: It's Patrick Dobie, 777 Heartstone Drive. The city has adopted, you know, an access control plan for the state highway system through the city and it's a very progressive, far thinking proposal and -- but there are -- there are instances where variances from that policy are appropriate. Restricting access to the highway creates problems that need to be considered. It increases u-tums at intersections. It takes green time allocation away from the through movements on the highway and assigns it to side streets. This decreases the efficiency of the highway. As far as safety is Meridian City Council • April 18, 2006 Page 79 of 99 concerned, in looking at the safety of a road -- or an intersection, generally it's compared to what the base rate is for similar facility within the state of Idaho. For the intersections along Eagle Road the base rate is .58 accidents per a million vehicles. The accident rate at the intersections on Eagle Road is .62 accidents per million vehicles. It's roughly ten to 15 percent higher than similar facilities around the state and, quite honestly, there aren't a lot of similar facilities in the state that have this high of traffic volume, you know, on a five lane urban road. The segment accident rate, on the other hand, is quite different. Now, these are -- these are the driveways and this is the spacing between the signalized intersections. The base rate for the state is 3.44 accidents per million vehicle miles, but the segment of Eagle Road adjacent to the site is only 1.70, approximately half of the base rate. So, the driveway regimen that exists on the road is actually safer through the same facilities than other parts of the state, which indicates -- and I'm sure this was a consideration that ITD weighed in in making their decision to approve these driveways. Allowing a few driveways and allowing driveways at the spacing that was approved for this site actually improves the safety and improves the operational efficiency of the highway. And these are the criteria that ITD uses to grant variances, they are included in their access policy manual, and they are included in the IDAPA standards. Now, as far as the access policy manual of ITD, it recommends that on type four urban principal arterials, that the intersections be limited to half mile spacing, except if a frontage road is involved. In the case of a frontage road, full movement driveways can be approved at a quarter mile spacing. And the proposed entrance to the site at the south driveway location is the quarter mile point. In the planning that was done for the median divider on Eagle Road, a break in the median is being proposed and left turns are being accommodated through that movement. I'm song. That location. This is consistent with ITD's policy and since your ordinance reflects ITD policy, it should be consistent with your ordinance or at least it should be the grounds for granting a variance. Thank you. De Weerd: Thank you. Any questions, Council? Okay. Any other comments? Bird: I have none, Mayor. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: A question for legal counsel. Can you clarify succinctly, briefly, clearly -- the question, as I see it, is whether or not the variance is -- should or should not be granted, not whether or not a variance is even necessary in this situation. Can you clarify the legal basis for needing to get a variance for this access? I mean there has been discussion -- I don't like hearing concerns from applicants about whether or not there was prior agreements or prior understandings. I empathize with those frustrations. But when there is discussion about a belief that a variance isn't even required, that that's not accurate. Can you sort of spell that out? Meridian City Council • April 18, 2006 Page 80 of 99 Nary: I'll try. Madam Mayor, Members of the Council, Councilmember Borton, it seems like we have heard a lot of testimony in regards to some grandfather right and I think what the planning director stated initially is correct, is that you don't have a grandfather right to a concept plan. You have a grandfather right to a use that's already been approved. All that this property had approved is an annexation. The findings in the minutes reflective at the time indicated that the concept plan was merely that. This is sometimes referred to in some settings as a bubble drawing and this is not a -- a transportation plan, this is not a circulation plan, this is not anything other than a concept of where the annexation parcels are. So, there is no grandfather right. All of the development agreements that the city has require you to comply with the laws of the city when you apply for further development. Annexation is one part of the puzzle and that's all that's been accomplished on this parcel prior to this request for this preliminary plat. So, it appears that the development agreement at the time and the minutes reflect that, that the intent was that the concept plan was adequate for the comfort level of the Council in office -- seated at the time to annex the parcel, but there was clear direction, both in the minutes and the development agreement, that access was not resolved or decided. It was placed on the record that they still needed to bring back all of the -- all of what's in front of you today in regards to a plat. It's, I guess, my opinion that the city is the land use agency, not the Idaho Transportation Department. The decision on the plat and the access to the roadway is the city's decision, not the highway district. They grant approval to access, contingent upon your decision that the access goes there. So, it's -- so there is no grandfather right that's being -- being impinged on here. There was no right that the applicant had prior to making this request for this parcel. The other properties which is being raised north of Ustick, the property immediately north of this parcel where the Lowe's currently sits and the other development of that, all of that application and all of those approvals occurred prior to the UDC being approved. It's not relevant to this application. The other parcels the Council made a consideration at the time when the application was made and the information was brought forward that Council did consider that to be adequate for approval of those requests. Each of them are independent of one another. Granting an access to one parcel does not mean you are obligated to grant an access to another. The condition -- or the information that was brought by the applicant as to the highest and best use is not a legal standard in regards to granting a variance. That the applicant may have to down grade their site is not a legal standard that's required to be made and is not really a consideration for a variance. Looking at this drawing, it appears that where they believe the access site goes means that the same argument can be made for the property that's immediately to the west of this parcel, which the Council had previously considered as an access point to that parcel and denied it and that was not appealed. So, again, I don't -- I understand their arguments. I don't think they have legal merit in what this Council needs to consider as to the variance requirements. So, the short answer is -- De Weerd: I knew we would get to that. Nary: The short answer is there is no grandfather right. The variance is the appropriate standard that they need to meet today, because of what they are applying for today, is that's the current city code that they have to meet. The decision this Council has is Meridian City Council • April 18, 2006 Page 81 of 99 does it meet the standards for a variance and the issues about economic viability and marketability and highest and best use are not the standard that is before you to make that decision. De Weerd: Thank you for the short answer. Nary: The long and the short of it. De Weerd: The long and short. Did that -- Borton: That answered it. De Weerd: Okay. Borton: Thank you. De Weerd: Okay. Anything else, Council? Okay. Bird: Council, anybody need anymore public input? Madam Mayor, with that I would move we close the Public Hearing on Item No. 19. Wardle: Second. De Weerd: Okay. I have a motion to close the Public Hearing on Item 19. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Any discussion? If not, do I have a motion? And you all know I can't make one; right? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I will go forward with it. Whether it gets a second or not, we will find out. I move denial of VAR 06-002, request for a variance of two access points of -- on Eagle highway, on Eagle Road, State Highway 65, for Gateway Marketplace by Landmark Development and while making that motion I'd like to also say that when the motion was made in '03 by myself, there was no plan and it was stated that all we were doing was annexing and zoning. We weren't approving any accesses. That's the motion. Borton: Second. De Weerd: Okay. I have a motion and a second to deny the VAR 06-002 for Item 19. Is there any discussion? Okay. Mr. Berg. Meridian City Council • April 18, 2006 Page 82 of 99 Roll -Call: Bird, yea; Rountree, absent; Wardle, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 20: 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: De Weerd: Thank you, Mr. Berg. Item 20 is a Public Hearing on VAR 05-027. 1 will open this Public Hearing with staff comments. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I might make a note for the record, Councilmember Rountree had previously recused himself on this matter. I could get him to come back and say that on the record or we could make note of that. De Weerd: Council recognizes there is a conflict and so Mr. Rountree is absent for Item 20 as well. Canning: Madam Mayor, Members of the Council, this is the Meridian Gateway project. It's located at the southwest corner of Meridian and Overland. You did hear this application previously and make a decision. There was some confusion as to what the final motion for approval was. I have included the minutes from that in my short notes for you tonight and there were several clarifications to the modification -- or to the motion, as well as discussion about the signal in there. So, there is some question as to whether you approved one access point or two for this property. The two proposed access points right now -- I'm sorry, staff put in the wrong drawing. I know the applicant has an updated site plan. Sony I didn't catch that before we brought this in. The applicant is currently proposing an access point to the southern portion of the property and, then, one in this general location here. I'll get that up for you soon. I have asked you to reconsider this item, one, to either clarify the motion or to reconsider the -- granting the request for the two access points on this piece of property. I'm not going to go into a lengthy discussion, but I do want to kind of hit some of the highlights why staff was proposing denial of the variance application. One, again, we have an ITD initial response that says that access points are only allowed at the half mile. Then, you have a separate staff report -- or staff response in request to specific access points, where they felt they have needed to grant approval of those access points if the Council grants the variance request. The development agreement for this property does note, similar to the last application, that -- that the access points to Eagle -- or to Meridian Road don't meet the ITD policy and in this case it specifically says in compliance with the Meridian Comprehensive Plan no curb cut shall be allowed in Kuna-Meridian Road, State Highway 69. There is also additional language about the type four access as approved Meridian City Council • April 18, 2006 Page 83 of 99 by ITD. The third reason staff doesn't believe that this meets the findings test for the variance -- again, we raise the question of safety concerns and accidents and there was a lot of discussion about a signal -- a possible signal at the southern location for the access point. You should have received a subsequent follow-up letter from ITD that is about as plainly and as strongly as I have ever heard anything from ITD, said that there will be no signal at this location. The fire department has also submitted additional information regarding this. There was an initial letter that said that they were in favor of access from the state highway. That -- that initial letter was based on the fact that the -- they were told that the two access points had been fully approved and that the southern one would have a light. Mr. Silva's intent in providing that first letter was to make sure that they had funds contributed toward an opticom. I later spoke with him about what had actually been approved so far and also that they would not get a signal there. He's amended his letter to indicate similar to what I had indicated previously in the evening that they are opposed to any left-hand movement unless it's at a signal and if there is a signal, they request that the applicant fund part of an opticom device. So, the fire department has provided different -- or additional testimony on this item. Finally, I tried to communicate to you that this project was relatively small compared to a lot of the other ones you have seen and I don't think I was very effective in that, so I have just kind of overlaid the approximate size of property in orange here compared to these access requests that you have heard at the -- for the intersection of Ustick and Eagle. And as you see, this property would be about the size of the Sadie Creek development. At least frontagewise. Certainly a lot less depth going this way. So, their frontage would be similar to what the Sadie Creek project had. This is the Bienville and, then, this is the Kissler, Cobb, Egge, Rewe -- or the Kissler portion, I'm sorry, over here that would end about right there. So, this is relatively small compared to these other access requests you have seen. So, again, the Sadie Creek you denied any access. This one would have an access point here and an access point roughly in here. Also, even in comparison to the Southern Spring application, it's approximately half the size. And, again, Southern Springs went to additional efforts to acquire the property that would get them access to Calderwood, so that they would have that as an alternative access to the site. They did get one approved. Towards the center of the site. That was prior to our ordinance going into effect. So, with that you do still have Findings for denial. We have not prepared new Findings for you. And I will answer any questions you may have. De Weerd: Council, any questions? Bird: I have none. De Weerd: Okay. The applicant. If you will, please, state your name and address for the record. Huber: Madam Mayor, Members of the Council, my name is Jeff Huber. My address is 416 South 8th Street, Suite 200, Boise, Idaho. De Weerd: Thank you. Meridian City Council April 18, 2006 Page 84 of 99 Huber: I represent the applicant. De Weerd: Okay. Huber: Could you put up figure one, please, Anna? We started the process of annexing in 2004 and at that time we were requested to provide a site plan, which we did. I'll get to that in a moment. This is the site. Currently there are approximately nine accesses around this site. Is this microphone on? Okay. That's Southern Springs across the way. They have a recently approved access at this point also. Full access. And they also have access out to Calderwood and access out to Overland. Could you put up figure two, Anna. I'm going to try and be brief. I have got two traffic engineers here that want to address some of the issues and, then, at the -- following the conclusion of the hearing Mr. Leasure might like to make some closing comments. This is the site as it is today with the country comer store. We have got four accesses on Overland and five accesses on Meridian Road. Two of these accesses are legally permitted. They have been there a long long time and are currently being utilized as full accesses, all of them. So, what we are going to do -- well, at the -- could you put up figure three, please, Anna? When we submitted it during the annexation process this was the conceptual plan that staff asked for us to submit. This showed two accesses at this location here. A full access and a right -in, right -out. Now, if you could put up figure four, Anna. This is the site plan that -- that we are using today. We have presented to you -- it's a little different than the one we presented at the last hearing. We have provided a loop -- a connection here to the property to the west, which was what was requested by the Council at that time. We are requesting -- we are requesting a full access here and a right -in, right -out here. The letter from ITD states that they would be in favor of -- and agreeable to allowing a full access here and a right -in, right -out here. We have changed this to a left -in only and a right -in, right -out. We have provided a loop road to connect these -- there are approximately six different lots in this subdivision once we do the plat. So, we are connecting all of these lots with this loop road. We have consolidated the accesses down to two accesses on Overland Road and two on Meridian. So, we are limiting from nine accesses down to four, actually. This is the going home side of the road. This is what makes this a unique site. This is the full access across the way that's been recently approved for Southern Springs. The vast majority of the traffic that's going to be shopping in this center, which is going to be a neighborhood center, will be traveling home on this road headed south to Kuna and also west on Overland. If all of the traffic were to have to access this site through this one access point here, it would cause some problems and probably some of the stacking here and probably cause some problems at this intersection. This is a left-hand tum movement in here. All this traffic -- again, the vast majority going this way, can easily access it in through a right -in, right -out at these two locations. I have got two traffic engineers here that would like to address some of the issues here. If you have any questions for me now I would be happy to answer them. De Weerd: Okay. Council, any questions? Okay. If you will, please, state your name and address. Meridian City Council 40 April 18, 2006 Page 85 of 99 • Ringert: Madam Mayor, Council, my name is John Ringert. I'm a traffic engineer with Kittleson and Associates. My address is 101 South Capital, Suite 301, Boise, 83702. I'm going to try to keep this brief. I think we are all -- it's getting late and -- but what I'm going to do is just describe a little bit about the findings of the traffic study. I think there were a lot of issues that came up in the previous discussions that, you know, actually, were addressed and the traffic study may allow you to get some information. I think the first thing is to describe how we -- when we started out the discussions with ITD on this it's, really, realizing what has been said previously. Really, this site -- you know, it isn't that large. In fact, reality is it's an in -fill site. We have, basically, built -out development to the south, even to the west it's -- it will probably redevelop at some point, but there is really no way to get to the next planned signal at a half mile. If this were the -- if this were similar to some of the other cases where there is imminent collector roadways being constructed, I don't think we would be here. I think the base concern here is, really, we can't get over here and there is nothing planned -- there is not even, really, a half mile roadway on Meridian Road for a signal. So, you can see there is really no way to get there. So, really, there is kind of three things that we are kind of -- we are a small in -fill development. We really don't have other, you know, development -- a larger piece of development to really get us to the right places. And we don't have -- and we have existing development with no stub streets or any way of getting through there. So, I think was where we started when we discussed this with ITD. Could we go to the next one, Anna? When we look at access -- hopefully you can kind of see this and the colors aren't showing up great, but when we looked at access, the first thing we looked at were, really, you know, how are these accesses going to work on Meridian Road and, you know, what's some unique issues. The first is that all right -- all right turn movements. This just shows right -in, right -out movements on each -- at each entrance. They are, actually, unique in this case, because you are south of the intersection. You're south of a signal. So, every time this left turn goes there is a pretty large gap with no traffic at all coming through here for the most part, other than, you know, a right on red that might occur. Also, when the cross -street goes, there is very little -- there is a huge gap in traffic here. So, in this case when ITD was working on that with us, we looked at this and said, well, we don't want the right -in to cause any conflicts with the through traffic, so let's put in deceleration lanes and, basically, a deceleration taper here and a full length lane here. That keeps those rear -end accidents from happening as commonly as you'd see from statistics from active management studies. The next thing was is these right -outs, they can cause issues if you're -- especially upstream of a signal, because you're coming into either right turn lanes or queued traffic. In this case we are, actually, benefited by this signal up here. So, when we went through this with ITD, it basically -- if we can catch that going home traffic, slide them in and out, get them into decel lanes, get them back out in gaps -- in large gaps in traffic, you know, ten to twenty second long gaps, you know, it seemed like the most logical thing to do in this case, instead of running them through -- you know, essentially, take a right here, through here, right out, as well as, you know, traffic that could -- you know, that may have to come take -- you know, come all the way through that signal here. Could we go to the next one, Anna? We also looked at the left -in here. This was a critical look by both us and ITD. The issue here is very much the same as this right tum here. This is Meridian City Council April 18, 2006 Page 86 of 99 E a unique situation, because any time you're downstream of a signal, we get all those gaps in traffic. If you go out there -- I was out there and counted multiple times there was, you know, ten to twenty seconds of a pretty much gap with maybe one car drifting through. So, what we are able to do is we are able to take all that traffic that might be coming up from Kuna here and tum them in and, essentially, get them into the site. Now, we did identify in the traffic study a problem with the left tum out. That was -- that was documented in the study as a potential problem, especially during the peaks. It's really -- those are the movements that create most of the crashes. If you look at crash statistics, they are not -- they are probably one of the most common at the un -signalized intersections and they are also the most severe. So, as a result of that, we have been discussing with ITD for awhile, you know, can we limit this to a right -in, right -out, with a left in? And what we are showing fright now is an island there. At this point ITD will probably sometime come through here with a median, but they really can't at this point, just due to, you know, the other access there and, then, make it one big project. So, we have looked at limiting that. So, hopefully, that gives you a little bit of -- can you put the last one up, Anna. You know, our biggest concern is if we don't have access onto -- onto Meridian Road, essentially, we end up with about 85 percent of all the traffic entering, essentially, at this one access on Overland and we are, basically, in the back end of a double -- a future double left tum pocket. So, this was -- you know, this was a concern. There was some idea mentioned, well, you know, maybe there won't be as much traffic, but, you know, I think we need to look at it that one way or another we do have to plan for the traffic. You know, if it does happen, we don't want to be in a situation where we, actually, create a worse problem with an access issue here and, then, running all the traffic through this signal, which, actually, degrades the signal operation, because all those left turns are now taking time from the through movement coming down from the interchange. So, I just wanted to give you a little insight into the types of discussions we did go through with ITD as part of this process. So, were there any questions? De Weerd: Any questions, Council? Bird: I have none, Mayor. De Weerd: Thank you. If you will, please, state your name and address for the record. Kunz: Okay. Greetings, Madam Mayor, City Council. My name is Dan Kunz. I am the former district traffic engineer for ITD. I held that position for approximately five years. I currently work for the Transpo Group, which is at 6148 North Discovery Way, Boise, Idaho. 83713. De Weerd: Thank you. Kunz: I have been hired by White -Leasure Development Company to provide additional traffic engineering review for their development referred as the Meridian Gateway Retail Center on the southwest corner of Overland Road and State Highway 69, Meridian Road. I would like to applaud the city in their commitment toward access management Meridian City Council April 18, 2006 Page 87 of 99 • and the land use connection to it with the adoption of the Unified Development Code, specifically Article H. It is a hard balancing act between development accessing on state highways and providing safe, efficient movement of traffic for the general public. Article H provides a good base for developments that encompasses large tracts of land or large developments that could easily be developed with ideal access spacing. Corridor planning, such as you heard this morning, like 20-26 and State Highway 44 -- and they already completed State Highway 16 -- are great tools for access management. The corridor plan effort provides future developments, the understanding of what is to come along that corridor. The landowners can plan accordingly, as long as they know what is to come. Article H becomes a little bit more challenging with developments that are, you know, landlocked or smaller tracts of land. You know, properties with frontage that is less than ideal should probably be given special considerations. The Meridian Gateway is -- I mean you guys heard it today, Overland is on the north, Meridian is on the east, developments to the south and there is this junk yard right here. So, it's pretty much landlocked currently. I reviewed the Kittleson's traffic impact study and I agree with the recommendations and conclusions from the report. ITD has also reviewed the impact study and is agreeable to two access points onto Meridian Road. We have a letter from ITD and I believe you guys have that in your possession. It states that ITD is agreeable, based on the traffic study that Kittleson done. Due to the proximity of the interchange here, you know, Overland Road and Meridian Road are a critical intersection in trying to preserve the efficient movement of traffic. If this intersection becomes, you know, overwhelmed with traffic, then, potentially, that could increase interchange problems in the future. It is important to preserve the intersection by reducing traffic to it. Anna, can you go to the one -- thanks. De Weerd: Okay. Can you, please, summarize. Kunz: Okay. I just want to say that the -- really, the left turns going in are going to be combined with the left turns on Overland. White -Leasure has developed a -- you know, a pretty good access control issue there by eliminating any left turns out, because those are the killers. Everybody's kind of seen that. Really, so, you know, this could, actually, reduce, if you allow this, this could, actually, reduce any of the problems that you will see here and potentially onto the interchange. So, if you guys have any questions. I was speeding up, so -- do you have any questions? De Weerd: Any questions from, Council? Bird: I have none. De Weerd: Okay. Thank you. Okay. This is a Public Hearing. Is there any public -- I have two people signed up. Sorry. Jay Story signed up for. It's late. If you will, please, state your name and address. Story: Jay Story. My address is 2202 North 19th Street, Boise. De Weerd: Thank you. Meridian City Council S April 18, 2006 Page 88 of 99 Story: I'm here on behalf of the property owners just to the west, because they were unable to make it tonight. But I have been working with them over the last three years and I guess there was some question at the last hearing if they would be amenable to working with these property owners on cross -easement if these access rights were given and if we were in support of access rights given -- being given to White -Leasure and we are in support of that and have spoke with White -Leasure about these cross - access agreements. That's all. If there is any questions. De Weerd: Okay. Council? Thank you. James Prather. Prather: Good evening, Madam Mayor, Councilmen. James Prather, 707 East United Heritage Parkway, Suite 150 in Meridian. Anna, if you would put up that first -- that first screen, the plat. The yellow and red one. The one that showed the larger vicinity. That's fine. Thank you. It was mentioned in open comments that this size of property, certainly smaller than the ones certainly presented this evening, but I'd like to add just a little to it. This is the subject property and, then, the -- Mr. Cool's property, from his representative that just spoke, is right here. And, then, I'm the third property owners, and the last that controls all of this dirt. We don't have this before you this evening, but I can just about guarantee that within maybe 30 to 60 days we will have something come before you that will include all of this dirt together, not just the applicant tonight, but the additional five acres and the additional 20 acres to that. So, roughly, around 35, 37 acres. Now, since we don't have the privilege of a -- because of the room, a backage street here, it is almost paramount if we are going to do something here, a development, especially something that is truly needed here, a hard good and soft good user, we are going to need some way to get out on Meridian. The only way that we are going to have if this is denied is everything is going to have to hit Overland and, then, either go north or south. So, I respectfully request that some consideration be given to this application this evening. Thank you. De Weerd: Thank you. Is there any further testimony? Okay. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: And maybe Mr. Prather said this the last time and I guess didn't hear it the same way. I guess I would caution the Council on his testimony in making consideration on this project based on the potential of some other project and how it may or may not impact this one. You need to look at this project by itself. That's all that's being requested and that's all that's in front of you. So, although Mr. Prather has put that on the record, that really isn't something that Council can consider in granting this variance. De Weerd: Thank you. Leasure: Madam Mayor -- Meridian City Council April 18, 2006 Page 89 of 99 De Weerd: Good evening. • Leasure: Good evening. Members of the Council. Larry Leasure of White -Leasure Development Company. Also a representative of the applicant and perhaps one of the causes of confusion at the last hearing. I don't know. Once again -- and it's very very late, but I would like to make two or three quick comments. I think you have heard our story. I think that one of the other key elements, though, that the staff indicated that this is a very very small piece of real estate. I don't consider ten acres a small piece of real estate necessarily, not to argue that issue, but for the very reason that it is a small parcel in a very strategic location, makes it even more critical when one looks at Article H and looking at your program, it makes all the sense in the world, by the way, Mr. Kunz's comments that I'm very supportive of what you're doing. I think that the state highway system needs help and it's just unfortunate it didn't happen earlier. So, I'm very supportive of what you're doing, but it also lends itself to larger parcels, especially along -- whether it's Eagle Road or Chinden or so forth, where there is the opportunity to do it right. In this case we don't have that option and we are talking here. This is where the major traffic flow is as we have talked before. That's why the property is so strategic as it is sitting here with the convenience store. So, I would simply say to you I think -- we are different from what is presently out there where you have large opportunities to tie in with your neighbors, to tie in with the access. We do not have that right. At the same time we were talking these two access points, which we thought were approved for a right -in, right -out in this location and -- and we discussed and I think discussed, because I think it's -- in fairness to Councilman Bird, he asked me the question, if we were to look at a signalized intersection at this location, which is the far south, because the -- ITD had recommended in their letter, which they have done from day one, that this be a full access, partially, I'm sure, because of across the street they have a full access across the way and I'm sure that that was an issue. If we had just the left in signalized and they didn't, that would be a problem. So, in that discussion at our last hearing and appreciated the support of the Council for approval, I was asked would we be willing to pay for that if that, in fact, were to be approved and if a traffic signal were to go there for a left -in only on the site. I also mentioned that was what we had done at our Home Depot Center on State Street and that it was working very very well and it is at that location. We did go back after this hearing, because of the confusion -- and that's the reason you also have a letter from ITD outlining that from their perspective they would rather keep it at a full access at this stage and we had recommended a left - in, which is what you heard a few moments ago, still leaving the gentleman across the street with their full access. Now, we all know that there will be a median there. We all know that it, eventually, will be a right -in, right -out, unless there is some other traffic element that is designed and agreed to in the future. So, this ultimately will be, I'm very confident, right -in, right -out if you approve these two access points, which I think are critical, certainly, for our two tenants. I think we have a letter from a bank. We have been working with a bank on the site plan behind Walgreens -- with Walgreens on the comer. They, obviously, need the access here for them to move forward. The bank has similar concerns. So, once again, we are requesting for your consideration a variance, we believe is justified based upon our discussion and the inability to go any Meridian City Council ID April 18, 2006 Page 90 of 99 • further to the south and that we also believe that with the -- as was indicated with the right -in, right -out, and the decel lanes on both of these access points, to eliminate the so-called life safety concerns, number one, and -- and in this area here, number two. So, thank you very much. If you have any questions I will be -- Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Mr. Leasure? Leasure: Yes, sir. Bird: If the Council so desired, which one of those two accesses would you prefer for right -in and right -out if you was to only get one? Leasure: That's a very difficult question. And not that it isn't a reasonable question to ask. I hadn't planned on that question, number one. Number two, for the short term for the site I could share with you that I would prefer the one next to Walgreens, because if Walgreens doesn't get it, they are not going to come. So, I would say to you from that standpoint someplace in this area. It's substantially back now, the Walgreens location. It's at 240 right now. So, I guess I would have to share with you that this would be the highest priority. I think it's important that we get some drug and, frankly, food on the other side of the freeway if there are any ways to do that in the community, because it's drastically needed and so I would -- I guess I would say at this stage, if that were the case, I would be wanting to talk about the -- Bird: Madam Mayor, can I follow up? De Weerd: Uh-huh. Bird: Mr. Leasure, when I -- and I will be the first to tell you that my motion is -- I don't even understand it, it was so confusing. It didn't come out clear. So, anyway, what -- if that can't be signalized down there, which I understand it can't I have been told, I cannot -- I don't think that we would be right in allowing left hand. I mean I travel that road a little bit during -- I mean it's -- I wouldn't want people trying to come across without a signalized deal and I had felt that if that -- that entry -- one of the entries would go away, if that couldn't be signalized -- and I felt that that would be your decision which one you want to keep and I see you want to keep the closer one to the deal and I understand that, too, because you got a tenant there and you don't have a tenant, probably, at the other locations. So, that was my thinking when we did it before. Leasure: I see. Okay. De Weerd: Anything further from Council? Okay. Thank you. Meridian City Council April 18, 2006 Page 91 of 99 Leasure: Thank you. De Weerd: Okay. Council? I* Bird: Council, need anymore public testimony? Madam Mayor, hearing none, I move we close the Public Hearing VAR 05-027. Wardle: Second. De Weerd: Okay. The motion is to close the Public Hearing. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Any discussion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Some of the comments and concerns on this application ring especially true. I think Mr. Bird -- Councilman Bird brought up a question that I think is right on the money in my perspective of the access points -- and I understand the concerns and difficulties of potential tenants or which portion of the parcel may need to or be desired to be developed first. I see to the extent a variance may be necessary for these parcels, I see, perhaps, a single point of access on the southern portion, the southern access point and the right -in, right -out, without the left -in, as, from my perspective, really, the only option which I think clears the hurdles for a variance. I think that's one of the unique features in this parcel. That might be sufficient. I don't know -- it doesn't sound like the applicant would be interested in that, unless I didn't hear it right, that, actually, the northern access is what's preferred. I have got some concerns that the northern one is too close to the intersection and in light of the safety concerns that we have got to be looking at when trying to approve a variance that doesn't meet that test. So, those are my thoughts on what would fly with me. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would concur with Councilman Borton on -- of the two accesses and I have no problem giving one of these accesses to the development, because they have went in and put in a nice internal road to get over to Overland Road and while I know that their number one tenant -- and probably one of their larger tenants, would like to have that access right next to them, I believe with their interior roads it's -- I don't -- you know, not being a marketing person or anything, I think that it's not going to hurt and I think Mr. Leasure stated it right when he said that -- that south of the freeway needed some Meridian City Council April 18, 2006 Page 92 of 99 E pharmacies and stuff and I think people will use it, even if they have to drive back an eighth of a mile or something, as they have got a good road in there. I, too, agree with Councilman Borton, that one to the north is just too close to that intersection and I would have been in that intersection too much between 5:00 and 6:00, but I don't want see any -- even though you have off lanes and stuff, we -- you know, people especially get on cell phones and forget what they are doing driving, but I just -- I could agree with the one access in the south part. De Weerd: Okay. Any other comments? Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we approve VAR 05-027, a variance application, limiting it to a right -in, right -out access only at the southern most -- of the two Meridian Road access points, the southern access point be permitted as a right -in, right -out. Wardle: Second. And I need a clarification. De Weerd: Okay. Well, since you have seconded it, you can have discussion. Wardle: Anna, do you have a dimension center line from Overland Road as to just a -- Canning: I don't have an exact one. If you wanted to tie it to the -- to line up with the Southern Springs access, that would -- that would pin it down. Wardle: Okay. I'm just looking for a reasonable not to exceed -- would 700 feet be -- let me rephrase that, Anna. If I were to amend the motion to include the phrase no closer than 700 feet from the center line of Overland Road, would that suffice? Canning: I think that will do it. Wardle: Okay. Would the maker of the motion allow that clarification? Borton: Yes. Nary: Madam Mayor? De Weerd: Okay. Mr. Nary. Nary: The maker of the motion may also want to consider including that staff bring back new Findings. I think the Findings were for denial, so -- Borton: Please. The motion maker would so request. Meridian City Council • April 18, 2006 Page 93 of 99 De Weerd: Second agree? Wardle: Second agrees. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. i Borton: For the sake of discussion and the applicant, one of the things from my perspective -- it's not to step on toes. I like discussions about economic viability of the project and the need for -- the tenant's concerns and -- and commercial development there, but specifically with regards to the variance request, we talked about those things and if -- with regards to the variance, they are not -- at least from my perspective they are not specific factors that weigh into whether or not a variance should or shouldn't be granted, just because the rules don't permit that to be one of the bases as to whether or not it does or doesn't improve the economic viability of the property. I do think that this particular parcel and its topography, in light of this -- these restrictions on the variance, make this a proper way to go. Just wanted to make sure that was clear. De Weerd: Okay. Any other discussion? Okay. Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, absent; Wardle, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 21: Public Hearing: Building Department Fee Changes: De Weerd: Okay. If someone will go find Mr. Rountree, I will go ahead and open the -- these are really quick, right? Unless a lot of people are waiting to testify on this. Okay. Item 21, Public Hearing for Building Department Fee Changes. Mr. Freckleton, you have waited all night for this opportunity. Freckleton: I have. De Weerd: I thought Clint was going to do it. We have been waiting to give him an initiation and we haven't been able to do that. Freckleton: Well, good morning, Madam Mayor and Council. We have a proposal that includes four modifications to some permit fees that we have. First being a modification of the methodology for calculating residential electrical permit fees. The second is an increase in the re -inspection fees for structural, electrical, plumbing and mechanical disciplines. The third is an increase for residential spa, hot tub, hydro massage and swimming pool electrical permit fees. And the fourth is a rate increase for temporary construction power pole permits. We put this proposal together and on the 31st of Meridian City Council April 18, 2006 Page 94 of 99 is March I forwarded a copy of the entire proposal to Jason Ronk over at the BCA. He turned around and forwarded out the proposal to all their members and asked for any comments on that. I followed up with Jason this morning via e-mail. He responded back basically stating that he got no response and -- but he forwarded my e-mail from this morning out to their member group as well. He later followed up this afternoon about 4:15 and said that he didn't hear anything back from anybody, so -- De Weerd: They are all out in the field I think. Freckleton: Well, they have had since March 31st. His canned response was, you know, basically BCA isn't crazy about having any fees increased, but they have no comment. So, I will stand for any questions and leave it at that, unless you want me to go into great detail with these. De Weerd: No. Any questions from Council? Rountree: I have none. Bird: I have none. De Weerd: Okay. Thank you. Freckleton: Thank you. De Weerd: Since I have to ask and don't see any person, I don't think there is any public testimony on this item. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the Public Hearing on Building Department fee changes. Rountree: Second. De Weerd: Okay. Motion to close the Public Hearing. All those in favor? MOTION CARRIED: ALL AYES. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council April 18, 2006 Page 95 of 99 Bird: I move we approve the public -- or the Building Department fee changes as published and bring forth a resolution. Rountree: Second. De Weerd: Okay. The motion is to approve and to ask staff to prepare a resolution. Freckleton: Madam Mayor? De Weerd: Yes. Freckleton: If I might, I would like to suggest an effective date of June 1st. That will give us a little over 30 days -- less than six weeks to prepare notices to be posted on our website and on the counter and that sort of thing. Bird: With the effective date of June 1 st, 2006. Rountree: Second agrees. De Weerd: Thank you. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 22: Ordinance No. 06-1226 AZ 05-063 Request for Annexation and Zoning of 5.03 acres from RUT to R-8 zone for Quenzer North Subdivision by Brighton Development, Inc. — north of East Ustick Road and west of North Locust Grove Road: Item 23: Ordinance No. 06-1227 AZ 05-066 Request for Annexation and Zoning of .50 acres from R-12 to C -G zone for Meridian Veterinary Clinic by Architecture Northwest — 415 West Franklin Road: Item 24: Ordinance No. 06-1228 AZ 06-002 Request for Annexation and Zoning of 0.43 acres from RUT to L -O (Limited Office District) for Strada Bellissima Subdivision Outaarcel by Strada Bellissima, LLC — 3015 South Meridian Road: De Weerd: Mr. Berg, will you, please, read Ordinances 22 through 25, in rapid order, by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 06-1226, an ordinance for annexation of property located in the southeast quarter of the northeast quarter of Township 31 -- or, excuse me, Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain Meridian City Council April 18, 2006 Page 96 of 99 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 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance No. 06-1227, an ordinance for annexation of property located on a portion of the northeast quarter of the northwest quarter of the northeast of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from R-12 to C -G in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance No. 06-1228, an ordinance for annexation of property located in the southeast quarter of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to L -O in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Those are the ordinances. De Weerd: Thank you. Berg: Those are the three ordinances. De Weerd: Thank you. You have heard these ordinances read by title only. Since there is no one in our public, I don't think anyone wants to hear it read in entirety. Okay. I'd entertain a motion. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move to approve Items 22, 23, and 24 with suspension of rules. Borton: Second. Meridian City Council April 18, 2006 Page 97 of 99 De Weerd: Okay. Motion to approve Items 22 through 24. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 25: Resolution No. 06-514 Establishing the Meridian Parks & Recreation Commission and Adopting the By -Laws of the Meridian Parks & Recreation Commission: De Weerd: Item 25 is Resolution No. 06 -- oh, I'm song, I don't know the number. Bird: 514. De Weerd: Yes. Wardle: Has everyone had an opportunity to read it? De Weerd: Yes. In fact, they almost got a motion earlier tonight -- or last night. Mr. Borton. Rountree: Yesterday. Borton: I move we approve Items 25, Resolution 06-504. Bird: 514. Borton: 514. De Weerd: Do I have a second? Wardle: Second. De Weerd: Okay. All those -- oh, I'm sorry. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Council, just to remind you that we have Every 15 Minutes on Thursday and Friday. You're certainly invited. There is information about it in your material and we are another Tree USA city. We just got that announcement. And I'm sure you got the copies of Michael's of Oregon. They are closing their doors by the end of the year. I have been in contact with their COO and we will help them in any way we can. Meridian City Council April 18, 2006 Page 98 of 99 Bird: And Arbor Day is Thursday. 9 De Weerd: Arbor Day is Thursday. I would entertain a motion to adjourn. Rountree: So moved. Will has something. De Weerd: Oh, yeah. I'm sorry, Will. Berg: Madam Mayor, if I could, a reminder from last meeting. I asked about the Public Hearing for the budget on August 29th, if that would accommodate everyone, because I do need to send a letter to the county commissioners. That is a 5th Tuesday of August, so it isn't a regular planned meeting. I need to know if that's okay and what time you want to have the hearing. Bird: It's okay with me to go for 6:00 o'clock, so we are out of here at 7:00. Rountree: I'm for that. 6:15. De Weerd: It is a Public Hearing on our budget, so just to remind you. Does that work for everyone? Rountree: That works for me at this point. De Weerd: Okay. And did everyone see the rest of the hearing dates on the budget presentation? Rountree: Yeah. Will sent us the -- De Weerd: Okay. And if there is no comment, we will solidify all of that. Okay. So, do you need a motion to set that date? Berg: No. I think just discussion is okay. De Weerd: Okay. Berg: We just will have it there or else we won't get the new construction or annexation rolls if we don't have a -- get it to the county commissioner on time. De Weerd: Okay. I'd entertain a motion to adjourn. Rountree: So moved. Wardle: Second. Bird: Second. Meridian City Council 40 April 18, 2006 Page 99 of 99 De Weerd: All those in favor? MOTION CARRIED: ALL AYES. De Weerd: Thank you. MEETING ADJOURNED AT 12:36 A.M. CJ (TAPE ON FILE OF THESE PROCEEDINGS) MAYOR -IAM"-IV AMD EERD �eet�t''� �1tti�seos��'d�si DATE APPROVED of7 fft TE ILIAM G. BERG J ,CITY CLERK f�f��,��t%aaPPiPito9t����a�4a�+a • April 14, 2036 MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT REM NO. S-A REQUEST Approve Minutes of April 4, 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. April 14, 2006 MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT ITEM NO. S -B REQUEST Sanitary Sewer and Water Main Easement Agreement for Monica Subdivision with B2 Investments 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: me 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. e. + • ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ! SOME IDAHO 04/21106 23 PM DEPUTY ECO DED-nREQUEST of RIII IIIIiIIIIIIIIlIIIIIIIIIIIIIII II III Meridian Pub0o Works 1860616.6.6. THIS INDENTURE, made this' day of &G , 20o5 -between 1 AVeSf W*A LLC, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) aivo C *vo D) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successois and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT•S&W 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 fin then effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons -whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANT President Secretary STATE OF IDAHO ) ) ss County of Ada ) Sanitary rh On this 4I day of Aec� 312t)o —, before me, the undersigned, a Notary Public in and for said State, personally appeared QagV=i K,. /h inostar— and ' _Zam p -wee-Mi , known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within" instrument, . and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. NOTARY P LIGFOR Tmj4j Residing at: Commission Expires: E.SMT.S&W t. _ w • GRANTEE: CITY OF MERIDIAN `,h%, t,1:1 s W( : ( ! Tammy de Weerd, Mao I �&� AA� I --- :a__ l,� A - Attest by William G. Berg, fr., City ClerkT °! "� Approved By City Council On: STATE OF IDAHO, ) : ss. County of Ada ) On this�day ofL , 20*before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to the 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) SKIA 4.4 QT�R�, ; NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Sanitary Sewer and Water Main Easement EASMT.S&W Moi • neer Greg L. Skinner, PLS �'j��s� (�, Jj�a Michael Byrns, PLS 2512 S Georgia Ave. Rodney Kahle-Clark PE Caldwell, Idaho 83605 (208) 454-0933 "Exhibit A" Fax (208) 454-9492 Water Line Easement Description for the Proposed Monica Subdivision An easement over that parcel, hereinafter called "Proposed Monica Subdivision", described in Warranty Deed 104086063, records of Ada County, Idaho, situate in the southeast quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian, Meridian City, Ada County, Idaho, being more particularly described as follows: Commencing at a 5/8" rebar marking the southeast corner of the southeast quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian; Thence N00058'55"W, 1,122.82 feet along the east boundary of said southeast quarter and the centerline of North finder Road; Thence S89°00'52"W, 48.00 feet to the west right-of-way line of said North Linder Road, the POINT OF BEGINNING: Thence S00°5855"E, 15.00 feet along said right-of-way line; Thence S89°00'.52"W, 78.00 feet; Thence S00058'55"E, 162.49 feet; Thence S89000'57"W, 167.69 feet; Thence S00°58'55"E, 3.00 feet; Thence S89000'57"W, 132.00 feet; Thence N00058'55"W, 10.00 feet; Thence S89000'57"W, 7.82 feet; Thence S01000'50"E, 104.50 feet; Thence S89°00'57"W, 20.00 feet; Thence N01 000'50"W, 104.50 feet; Thence S89000'57"W, 124.98 feet; Page 1 of 2 q Water Line Easement Description Continued... Thence S00°58'55"E, 22.52 feet; Thence S89°00'52"W, 20.00 feet; Thence N00°58'55"W, 193.00 feet; Thence N89°00'52"E, 20.00 feet; Thence S00°58'55"E, 150.48 feet; Thence N89°00'57"E, 284.80 feet; Thence N00058'55"W, 3.00 feet; Thence N89°00'57"E, 130.69 feet; Thence N00°58'55"W, 28.00 feet; Thence N89000'57"E, 17.00 feet; Thence N00058'55"W, 104.49 feet; Thence S89°00'52"W, 156.00 feet; Thence.N00°58'55"W, 15.00 feet; Thence N89°00'52"E, 254.00 feet along the said north line to the POINT OF BEGINNING. The above-described easement contains 24,933 square feet, more or less. Page 2 of 2 r tt PQ w NORTH LINGER ROM Np0_58'55'W _ _ _ c� �- _ 800'88WE 18249' I I I Icy IN I I 300'58,65'E 182.49 I 104,49- -- - - - r - ---N00'58'559N I I _ N00'88 W W I� I � I I � I I I I I I I So('5s'5WE L,3.00' - J 3.00'1 II N00°58'55'WI I s.W 100' I I S8'S8'W I I I 0 I I CA > N 8 o I QIAi � I I � I I � I I 0 N�'58'66'W I 10 2J Imo. ----5°7 °°--50-E W-- -, 104.50' _ d �I 104.50' Jc O I vi I- - - - N01'00'-56 - C I I I I I I I I $I� I �Ir I I � I I I I I I I S005&55'E ------ 150.48' ----- SOD"58'57E I qt 193.00' N fO N00'58'55'W 384.98' 182.50' • 0 Skin err°Lan Greg L. Skinner, PLS Survey oho znc. Michael Byrns, PLS 2512 S. Georgia Ave. Rodney Kahle -Clark, PE Caldwell, Idaho 83605 (208) 454-0933 "Exhibit C" Fax (208) 454-9492 Sewer Line Easement Description for the Proposed Monica Subdivision An easement over that parcel described in Warranty Deed 104086063, records of Ada County, Idaho, situate in the southeast quarter of Section 11, Township -3 North, Range 1 West, Boise Meridian, Meridian City, Ada County, Idaho, being more particularly described as follows: Commencing at a 5/8" rebar marldng the southeast comer of the southeast quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian; Thence N00058'55"W, 1,122.82 feet along the east boundary of said southeast quarter and the centerline of North Linder Road; Thence S89°00'52"W, 48.00 feet to the west right-of-way line of said North Linder Road; Thence S00°58'55"E, 157.49 feet along said right-of-way line to the POINT OF BEGINNING: Thence S00058'55"E, 20.00 feet along said right-of-way line; Thence S89°00'57"W, 245.69 feet; Thence S00058'55"E, 3.00 feet; Thence S89000'57"W, 132.00 feet; Thence N00058'55"W, 30.00 feet; Thence N89000'57"E, 132.00 feet; Thence N00°58'55"W, 3.00 feet; Thence N89000'57"E, 167.69 feet; Thence S00058'55"E, 10.00 feet; Thence N89000'57"E, 78.00 feet to the POINT OF BEGINNING. The above-described parcel contains 10,551 square feet, more or less. WA O 1097ft 9.99.89.00S A&M,89.00N ISYM 3.95,89.005 M6Ss.89.00N MH M90NI1 z 1 1 2r b is 0 -, i Gj 2� 2L C ISYM 3.95,89.005 M6Ss.89.00N MH M90NI1 z 1 1 2r b Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File PA City of Meridian Public Works Dept. Date: 4/6/2006 Re: Proposed Agenda Items for 4/18/06 City Council Meeting �;ity Of Meridian dad Clerk Office The Public Works Department respectfully requests that the following items be placed on the 4/18/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Monica Subdivision by B2 Investments. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Monica Subdivision by B2 Investments and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 SAN TARK SEVER AND VMHR ANN FASFMW v'h THIS INDENTURE, made this 0-1 day of 4Ve- , 20o5 -between 1b1 lnyesfwYA LLC - the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) A vo C A,vo D) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement F MT.S&W 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 lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANT Q�t - President Secretary STATE OF IDAHO ) ss County of Ada ) On this off? rh day of Peccw'e-r , 2009—before me, the undersigned, a Notary Public in and for said State, personally appearedf}7-t2;ttC and Scb P/Z tv e-[T.e� known or identified to me to be the President and Secretary, 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. 1�...._ * y���i_ W2 �� ►- • O Z f• NOTARY P LIGFOR ID O Residing at: k �� Commission Expires: Sanitary SeAZdV&MP50 q`�'ement EASMT.S&W C_J GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, Jr., City Clerk Approved By City Council On: STATE OF IDAHO, ) : ss. County of Ada ) On thus day of , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Sanitary Sewer and Water Main Easement NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: EASMT.S&W • Skinner Land (�Greg L. Skinner, PLS "L urve 'y Co. Inc. Michael Byrns, PLS 2512 S. Georgia Ave. Rodney Kahle -Clark, PE Caldwell, Idaho 83605 (208) 454-0933 "Exhibit A" Fax (208) 454-9492 Water Line Easement Description for the Proposed Monica Subdivision An easement over that parcel, hereinafter called "Proposed Monica Subdivision", described in Warranty Deed 104086063, records of Ada County, Idaho, situate in the southeast quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian, Meridian City, Ada County, Idaho, being more particularly described as follows: Commencing at a 5/8" rebar marking the southeast comer of the southeast quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian; Thence N00°58'55"W, 1,122.82 feet along the east boundary of said southeast quarter and the centerline of North Linder Road; Thence S89°00'52"W, 48.00 feet to the west right-of-way line of said North Linder Road, the POINT OF BEGINNING: Thence S00°58'55"E, 15.00 feet along said right-of-way line; Thence S89°00'52"W, 78.00 feet; Thence S00°58'55"E, 162.49 feet; Thence S89°00'57"W, 167.69 feet; Thence S00°58'55"E, 3.00 feet; Thence S89°00'57"W, 132.00 feet; Thence N00°58'55"W, 10.00 feet; Thence S89°00'57"W, 7.82 feet; Thence SOI°00'50"E, 104.50 feet; Thence S89°00'57"W, 20.00 feet; 'Thence N01°00'50"W, 104.50 feet; Thence S89°00'57"W, 124.98 feet; Page 1 of 2 .g �� ®E®t° 0 Water Line Easement Description Continued... Thence S00°58'55"E, 22.52 feet; Thence S89°00'52"W, 20.00 feet; Thence N00°58'55"W, 193.00 feet; Thence N89°00'52"E, 20.00 feet; Thence S00°58'55"E, 150.48 feet; Thence N89°00'57"E, 284.80 feet; Thence N00°58'55"W, 3.00 feet; Thence N89°00'57"E, 130.69 feet; Thence N00°5855"W, 28.00 feet; Thence N89°00'57"E, 17.00 feet; Thence N00°58'55"W, 104.49 feet; Thence S89°00'52"W, 156.00 feet; Thence N00°58'55"W, 15.00 feet; Thence N89°00'52"E, 254.00 feet along the said north line to the POINT OF BEGINNING. The above-described easement contains 24,933 square feet, more or less. Page 2 of 2 NORTH LINDER ROAW N008'5 °55"W_ 1,122.82' i ,nib ojo co tnl� �I S00°5855'E 182.49' v 0 v I j CCD N+ Co C6 J olo I CR \ I m L--------S00°56'5----------I N d 162.49' _104.49'_ — — ——N00°58'55'W LLJ I g I r 00 I I o�L-- o 28.00, m N00 -58-55-W I l I \J s Z � I I �I � Z 0 o f coolo UJ oleco cb mC3 zl� I oI co W I I I I yl I I I I I S00°58'56"E 3.00 L3.00' — J N00°58'55°V111 I 5.00' I 100°58'55"W I I ZO I I l I cn I I to I oIN o I m co �I W I Q I I I � I I Z I NPO'58'55"W I p LU I 10.00J §----S01°00_0E b —ccn I owL Im oI's -, 14.50'_--- EDI ZI e ICN oGO 104.50' nJm0_ —coO w F I I � I I i I I I I I I I I I 1Iio CD l �I� I I I rn coI I I I I I I � S00°58'— ST iD --------- c 150.48' --- 22.52100 S00°58'55°E I c m N 19300' INS N00°58'55"W 364.98' CD c ]r J C On N aw o � � I C I ai CD I J 182.50' �+ Greg L. Skinner, PLS t y �rl ey Co. Inc. nc. Michael Byrns, PLS 2512 S. Georgia Ave. Rodney Kahle -Clark, PE Caldwell, Idaho 83605 "Exhibit C" (208) 454-0933 Fax (208) 454-9492 Sewer Line Easement Description for the Proposed Monica Subdivision An easement over that parcel described in Warranty Deed 104086063, records of Ada County, Idaho, situate in the southeast quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian, Meridian City, Ada County, Idaho, being more particularly described as follows: Commencing at a 5/8" rebar marking the southeast corner of the southeast quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian; Thence N00°58'55"W, 1,122.82 feet along the east boundary of said southeast quarter and the centerline of North Linder Road; Thence S89°00'52"W, 48.00 feet to the west right-of-way line of said North Linder Road; Thence S00°58'55"E, 157.49 feet along said right-of-way line to the POINT OF BEGINNING: Thence S00°58'55"E, 20.00 feet along said right-of-way line; Thence S89°00'57"W, 245.69 feet; Thence S00°58'55"E, 3.00 feet; Thence S89°00'57"W, 132.00 feet; Thence N00°58'55"W, 30.00 feet; Thence N89°00'57"E, 132.00 feet; Thence N00°58'55"W, 3.00 feet; Thence N89°00'57"E, 167.69 feet; Thence S00°58'55"E, 10.00 feet; Thence N89°00'57"E, 78.00 feet to the POINT OF BEGINNING. The above-described parcel contains 10,551 square feet, more or less. AdIlk ,86't 8£ MAS185s00N iA m 0 CA �7 O a O U) M.95,85.00N m v r ,00'os l I I 3 I 0 Iz co Z I I to I� D W I I = (/) C2 I co Im I v_ Z owlo l q I I < Fn R a OI IN O N IO I Z m I lO v_ I MS4.85.00N �00'£ .00•£1 3.9S.85.00S I I 105'ZSL 3.99.89.00S I 1 I I I I cCD cn I I I Z co I Q I i o C2 o' 8 41 I I 3 d 1 ip im CO =.t m o CD m p (7 I o I 1 N j 3 m ca $ n Z c IE fn I CD m D I p • \ m PR pF w Im roo'J 0L I 13.55,89.00S I ' IZm N o W I I o10 C2IM i o a Im ,00'0Z Isv'�5L .6479L 3.55,89.00S C. y ~ PD SIN c; is, �• ~ —�— ZS'ZZL`L _ r,IN M.SS85.00N OVON- 82GNl"j HidO_N April 14, 2006 MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT ITEM NO. S -C REQUEST Water Main Easement Agreement for Heritage Middle School with Meridian School District AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See attached Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. o ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 8 BOISE IDAHO 04121!08 12:39 pMDEPUTY Bonnie obeul RECORDED REQUEST OF Meridian public Works 106061662 WA + R MAIN EASEMENT THIS INDENTURE, made this 3L day of4A 20doet een HJT, �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 water main is to he provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessaryto maintain, service and subsequentlyconnectto said pipeline from time to time by the Grantee; SNOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration,the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the constructio4 operation, maintenance, repair, replacement ola 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 al lied 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, ifs 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 propertyto that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacingor 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 intrfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further Water Main Easement' Page I WTR school distnct.doc EASMT 0 o effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties ofthe firstparthave hereunto subscribedtheir signatures the day and year first herein above written. GRANTOR: Dr. Lin Clark, Superintendent STATE OF IDAHO ) ) ss County of Ada ) On this 304A day of X&AIM 20 & before me, the undersigned, a Notary Public in and for said State, personally appearjd Li Vid Q dAcw - and . known or identified to me to be the Superintendent of Joint School District No. 2 that executed the within instrument, and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year FAQ �OT,"JI,► N TARY PUBLI JR IDAHO p��1,t�i Residing at 4P Commission Expires: 3 -;t - 0 9 O op %in GRANTEE: CITY OF MERIDIAN Tammy de, Attest by William G. Approved By City Council On: Water Main Easement Page 2 WTR school district.doc 0 • STATE OF IDAHO, ) ss. County of Ada ) On this IXday of , 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. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: an( b , Jc4 MY COMMISSION EXPIRES: IDAHO 145Q Etv tom- st. suite 150 SURVEY Meridian, Idaho 83642 GROUP Phone (208) 846-8570 Fax (208) 04-53" Project No. 05-372 Heritage Middle School Water Easement January 9, 2006 A 20.00 foot wide strip of land located in the SW 1/4 of Section 30, TAN., R.IE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Southwest comer of Section 30, from which the West 1/4 corner of said Section bears North 00'23'00" East, 2640.13 feet; 'Thence North 00023'00" East, 673.85 feet; Thence South 89'37'00" East, 25.00 feet to a point on the East right-of-way of Meridian Road and the REAL POINT OF BEGINNING of a 20.00 foot wide strip of land being 10.00 feet left and right of the following described centerlines: South 99037'00" East, 317.49 feet; South 6804542" East, 33.18 feet; South 89°37'00" East, 11.19 feet; South 00023'00" West, 134.06 feet; South 45023'00" West, 42.10 feet; North 45023'00" East, 42.10 feet; North 0023'00" East, 134.06 feet; South 8937100" East, 270.71 feet; South 3204'33" East, 71.25 feet; South 22'07'00" East, 41.88 feet; South 00023'00" West, 135.55 feet; North 89037'00" West, 27.00 feet; South 89037'00" East, 27.00 feet; South 00023'00" West, 190.58 feet; South 45023'00" West, 49.56 feet; Professional Land Surveyors �(n'F North 8937'00" West, 166.81 feet; South 00'23'00" West, 33.00 fest; . North 00023'00" East, 33.00 feet; North 89°37'00" West, 128.32 feet; South 00°23'00" West, 18.50 feet; North 00°23'00" East, 18.50 feet; North 89°37'00" West, 4.55 feet; North 44037'00" West, 165.55 feet; North 89037'00" West, 232.87 feet to the terminus of said lines on the East right- of-way of Meridian Road, said point bears South 0023100" West, 354.74 feet from the Point of Beginning of this description. Sidelines shortened or extended as required to form a continuous 20.00 foot wide strip of land closing on said East right-of-way. Prepared Br.. Idaho Surv": P.C. =� 4431 D. Terry Peugh, PLS -.- C�_.l0 ug ng POOFPOPY , a Ell Ya I �� i XO Nil Nd SIL P p00L B +�P•PI` loll iP 9 Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 4/6/2006 Re: Proposed Agenda Items for 4/18/06 City Council Meeting UJ City of Meridian Public Works Dept. City Of Xleridia City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 4/18/06 City Council agenda, on the Consent Agenda, for Council's consideration: IT1) Water Main Easement for Heritage Middle School by Meridian School District. Typical Water Main Easement. Recommended. Council Action: Approve the Water Main Easement for Heritage Middle School by Meridian School District and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer Easement for Heritage Middle School by Meridian School District. Typical Sanitary Sewer Easement. Recommended Council Action: Approve the Sanitary Sewer Easement for Heritage Middle School by Meridian School District 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 the parties of the first part, and .hereinafter called the Grantors, and the City of Meridian, Ada. County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises. and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessaryto 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 ightof-way for an easement for the construction} operation, maintenance, repair, replacement offa water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easementhereby 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 propertyto that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way ightof- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further Water Main Easement Page 1 EASMT WTR school district.doc effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Dr. Lin da—Clark Superintendent STATE OF IDAHO ) ) ss County of Ada ) On this day of . 20 01_o before me, the undersigned,a No and for said State, personally appear d Liyld a C'� "k- Notary Publicin . known or identified to me to be the Superintendent of Joint School District No. 2 that executed the within instrument, and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year _..62222.._ �.•`•1G1A A' �U'''. f"it$L�G • OF GRANTEE: CITY OF MERIDIAN Tammy de Weerct Mayor Attest by William G. Berg, City Clerk Approved By City Council On: N,qTARY PUBLII R IDAHO 1Q'.�t ji; L� . Residing at Commission Expires: Water Main Easement Page 2 EASMT WTR school district.doc Heritage Middle School Water Easement 1450 East Watertower St. Suite 150 Meridian, Idaho 83642 Phone (208) 846-8570 Fax (208) 884-5399 January 9, 2006 A 20.00 foot wide strip of land located in the SW 1/4 of Section 30, TAN., R.IE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Southwest corner of Section 30, from which the West 1/4 corner of said Section bears North 0023'00" East, 2640.13 feet; Thence North 00°23'00" East, 673.85 feet; Thence South 89037100" East, 25.00 feet to a point on the East right-of-way of Meridian Road and the REAL POINT OF BEGINNING of a 20.00 foot wide strip of land being 10.00 feet Ieft and right of the following described centerlines: South 89037'00" East, 317.49 feet; South 68°45'42" East, 33.18 feet; South 89°37'00" East, 11.19 feet; South 00023'00" West, 134.06 feet; South 45°23'00" West, 42.10 feet; North 45023'00" East, 42.10 feet; North 00°23'00" East, 134.06 feet; South 89°37'00" East, 270.71 feet; South 32004'33" East, 71.25 feet; South 22°07'00" East, 41.88 feet; South 00023'00" West, 135.55 feet; North 89°37'00" West, 27.00 feet; South 89°37'00" East, 27.00 feet; South 00°23'00" West, 190.58 feet; South 45°23'00" West, 49.56 feet; Professional Land Surveyors North 89037'00" West, 166.81 feet; South 0023'00" West, 33.00 feet; North 00°23'00" East, 33.00 feet; North 89037'00" West, 128.32 feet; South 00°23'00" West, 18.50 feet; North 00°23'00" East, 18.50 feet; North 89037'00" West, 4.55 feet; North 44'37'00" West, 165.55 feet; North 89037'00" West, 232.87 feet to the terminus of said lines on the East right of -way of Meridian Road, said point bears South 00023'00" West, 354.74 feet from the Point of Beginning of this description. Sidelines shortened or extended as required to form a continuous 20.00 foot wide strip of land closing on said East right-of-way. Prepared By: Idaho Surve ou , P.C. D. Terry Peugh, PLS b .MEB& 'mxw— April 14, 2006 MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT ITEM NO. S -D REQUEST Permanent and Temporary Easement Contract for the Black Cat Phase 3 Trunk with Soo W. Lee AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See attached Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • 0 RECEID City Of Meridian City Clerk ®face Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Len Grady, City Engineer Date: 04/13/2006 Re: Proposed Agenda Item for April 18, 2006 City Council Meeting The Public Works Department respectfully requests the following item be placed on the April 18 City Council agenda, under Consent Agenda, for Council's consideration. 1. Permanent and Temporary Easement Contract for Soo W. Lee. A permanent and temporary easement has been signed Soo W. Lee for the construction of the sanitary sewer on his property for the Black Cat Phase 3 Trunk. 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 this property for the Black Cat Phase 3 Trunk 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 City of Meridian 33 East Idaho Street, Meridian, ID 83642 PERMANENT AND TEMPORARY EASEMENT CONTRACT Project # and Description: 10-05-135 Black Cat Sewer Phase 3 Parcel # and Owner: S1214346700 Soo W. Lee Date of Offer: March 14.2006 THIS RIGHT-OF-WAY CONTRACT, made this le day of March 2006, between the City of Meridian, acting by its Mayor and Council, herein called "CITY" and Soo W. Lee , 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 Exhibit "A": NOW THEREFORE, the parties hereto agree as follows: 1. A. CITY shall pay GRANTOR and the lien holder, if any, such sums of money and/or benefits as are set out below: ITEM DESCRIPTION AREA GROSS VALUE VALUATION EASEMENT VALUE (Ftz) ($/Ft2) FACTOR ($) Permanent Easement 4,704 $5.00 50% $11,760.00 Temporary Easement 21,344 $5.00 10% $5,336.00 TOTAL EASEMENT CASH SETTLEMENT AMOUNT $17,096.00 B. The CITY agrees to provide GRANTOR with block-outs from the trunk sewer manholes at mutually agreed to locations where the trunk sewer traverses the subject parcel. C. The CITY agrees to maintain irrigation delivery and waste drainage systems during construction. 2. As set forth in the City of Meridian's Easement Acquisition Policy, the Grantor may choose from two options for just compensation for both the permanent and temporary easements as determined by a certified real estate appraiser: ❑ Cash Payment* in the amount of $17,096.00 ❑ Donation value of the easement $0.00 *Grantor will receive payment for the permanent easement within four weeks following the recording of the easement and payment for the temporary construction easement at the expiration of the construction contract. 3. 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 further claims or obligations on that account or on account of the location, grade, construction and maintenance of the proposed sanitary sewer line. 4. 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. Page 1 of 2 FAProjectManagetsNPfiK\10-05-135 -Black Cat Phase 3\Easementsll.eeV,ee contrsa.doc IN WITNESS WEREOF, the parties have executed this contract the day and year first above written. CITY OF MERIDIAN 0 Tammy de Weerd, Mayor ATTEST: William Berg, Jr., City Clerk Date approved by Council: GRANTOR Lee, wner Date:ig F7— Page 2 of 2 FAP -OS -135 -Bleck Cat Phase 3\Eesements\Lez\I.ee contcact.doc ADA COUNTY RECORDER J. DAV VARRO AMOUNT .00 • BOISE IDAHO 08h0/07 11 DEPUTY Bonnie rbO III I'II'�'III'll'III'�IIII'II�I'II'I� RECORDED—REQUU REQUEST OF MeridianCi 107113631 SANITARY SEWER ewS-MENT THIS INDENTURE, effective this 14a' day of March, 2006, by the undersigned Soo W. Lee, who maintains a mailing address of 5402 Overland Rd., Boise, ID 83705, hereafter referred to as "GRANTOR" for the 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 properly 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, B-1, and 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. 1. 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 easement. SANITARY SEWER EASEMENT, Page 1 of 2 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) ) ss County of Ada ) On this a94 day of � , 2006, before me , personally appeared Soo W. Lee, proved to me on the basis f satisfactory evidence to be the persons whose names is subscribed to the within instrument, and acknowledged that they executed the same. Beneficiary: CITY OF MERIDIAN By C -7(L NOTARY PUBLIC FOR IDA140 My Commission Expires on o. '?1 Tammy de rd, Mayor 1 ATTEST - i liam Berg, Jr., City erk Date approved by Council: ra 1 I 7,0 SANITARY SEWER EASEMENT, Page 2 of 2 ����OF �gglllEtlfEE¢��p` _ E ;•. re l7 /ppp�rg'�',•� 9B941tkk •• Project: 11873 Date: March 23, 2006 EXHIBIT A-1 PARCEL DESCRIPTION PERMANENT SEWER EASEMENT •* That portion of the Southeast %a of the Southwest % of Section 14, 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 Southeast corner of said Southeast % of the Southwest % of Section 14; thence North 00°35'50" East, 959.15 feet along the Easterly boundary line of said Southeast V/ of the Southwest 1/4 to the POINT OF BEGINNING; thence North 52036'26" West, 78.81 feet; thence parallel with said Easterly boundary line, North 00035'50" East, 95.62 feet to a point being on the Southerly right-of-way line of 1-84; thence along said Southerly right-of-way line South 89°33'51" East, 32.00 feet; thence parallel with said Easterly boundary line, South 00035150" West, 79.68 feet; thence South 52036126" East, 38.85 feet to a point on said Easterly boundary line; thence along said Easterly boundary line, South 00"35'50" West, 39.96 feet to the POINT OF BEGINNING. Containing 0.108 acres, more or less. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. RMH/geh:lhc PAPHK\10-05-135 - Black Cat Phase REasementALEE-PERM.doc Project: 11873 Date: March 23, 2006 N EXHIBIT B-1 TEMPORARY CONSTRUCTION EASEMENT EXHIBIT B-1.1 That portion of the Southeast 1/4 of the Southwest 1/4 of Section 14, 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 Southeast comer of said Southeast Y4 of the Southwest %4 of Section 14; thence North 00°35'50" East, 959.15 feet along the Easterly boundary line of said Southeast Y4 of the Southwest 1/4 to the POINT OF BEGINNING; thence parallel with and 143.00 feet South of the Southerly right-of-way line of 1-84 North 89 ° 33'51" West, 182.00 feet; thence parallel with and 182.00 feet West of said Easterly boundary line North 00°35'50" East, 143.00 feet to a point on the said Southerly right-of-way line; thence along said Southerly right-of-way line South 89°33'51" East, 118.89 feet; thence South 00°35'50" West, 95.62 feet; thence South 52"3626" East, 78.81 feet to the POINT OF BEGINNING. Containing 0.425 acres, more or less. TOGETHER WITH: EXHIBIT B-1.2 That portion of the Southeast % of the Southwest 1/4 of Section 14, 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 Southeast comer of said Southeast % of the Southwest % of Section 14; thence North 00°35'50" East, 999.11 feet along the Easterly boundary line of said Southeast % of the Southwest 1/4 to the POINT OF BEGINNING; thence North 52'3676" West, 38.85 feet; thence North 00°35'50" East, 79.68 feet to a point on the Southerly right-of-way line of 1-84; thence along said right-of-way South 89°33'51" East, 31.11 feet to a point on said Easterly boundary line of the Southeast 1/4 of the Southwest 1/4 of Section 14; thence along said Easterly boundary of the Southeast 1/4 of the Southwest 1/4, South 00'35'50" West, 103.04 feet to the POINT OF BEGINNING. Containing 0.065 acres, more or less. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. Ronald M. Hodge, a( 8575 �C> ,nom 2.'Z5•o(oao 0 F \� ` 4• V Nq� D M RMH/geh:lhc P:\PHK\10-05-135 - Black Cat Phase 3\Easements\LEE-TEMP.d0c .wa eR MRAW N 1-84 b. FILE LM-TEXP4 UK b 50 0 50 SCALE: 1"=50' SE. COR, SE. 1/4, SW. 1/4 SEC. 14 LEE TEMPORARY CONSTRUCTION EASEMENT 'OF 2 April 14, 2006 MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT ITEM NO. S -E REQUEST Sanitary Sewer Easement for Heritage Middle School with Meridian School District AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: V-4) MERIDIAN SCHOOL DISTRICT: oe 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. �¢y February 15, 2006_nE, - CITY OF R_ _ _ �Yll�-� � Kerby S Kirkham, P.E. FEB 2 4 2006 ,Lombard —Conrad Architects _ IDAHO 1221 Shoreline Lane GITY Y OF MERIDIAN �c 10' P V Sw Boise ID 83702 x'(71 Y rLFR� nF�IrF 18 3 MAYOR RE: Heritage Middle School Tammy de Weerd Dear Kirby: CITY COUNCIL MEMBERS Keith Bird We reviewed the sanitary sewer and domestic water construction plans Joseph W. Borton you submitted for this development and approve of them for construction Charles M. Rountree purposP5. By stamping and signing the improvement plans, the Shaun Wardle Registered professional Engineer ensures the City that the plans conform to all City standards and policies. The City must specifically and CITY DEPARTMENTS previously approve any variances or waivers to these standards and City Attorney/HR Policies in writing. Acceptance of the improvement plans by the City does not relieve the Registered Professional Engineer of these responsibilities. 703 Main Street 898-5506 (City Attorney) This approval shall expire one year from the date of this letter. If 898-5503 (HR) construction has not commenced by the expiration date, plans must be Fax 884-8723 resubmitted for review and approval before construction may proceed. You may schedule a pre -construction meeting with us after you receive Fire roadway plan approval from Ada County Highway District, plan approval 540 E. Franklin Road 888-1234 /fax 895-0390 from the State of Idaho Department of Environmental Quality, and pressurized irrigation Ian Pp approval from the entity having jurisdiction over Parks & Recreation its design and construction. 11 W. Bower Street 888-3579 / fax 898-5501 This development is within the City's urban service planning boundary. Planning Our water distribution system can provide domestic water services, and 660 E. Watertower Lane the minimum required fire flow (1500GPM), and we can accept the Suite 202 sanitary sewage wastes for treatment at our sewage facility. These 884-5533 / fax 888-6844 determinations have been made by use of computer models developed Police for our facility plan 1401 E. Watertower Lane Please " 888-6678 / fax 846-7366 Provide six(6) sets of Construction Plans to my office for distribution. AN plans being used on the job site must have the City of Public Works Meridian Approved for Construction stamp affixed to them. Please note SuiteE. Watertower Lane that the contractor selected for the work associated with this approval Suite 2ao 898-5500Jfax 895-9551 must hold a valid State of Idaho Public Works Contractors License with the appropriate license for installation of public sewer and water facilities. - Building At job completion, record drawings (print and electronic media) and final 660 E. Watertower Lane construction costs must be submitted to the Public Works Department. Suite 150 The new mains will not be considered final until these items are received. 887-2211 / fax 887-1297 Please call ifu have any ny questions. - Wastewater 3401 N. Ten Mile Road Sin y 888-2191 / fax 884-0744 - Water 2235 N.W. 8th Street 888-5242 / fax 884-1159 Len Grady, P.E. Meridian City Engineer cc: File, Water Dept, Sewer Dept. CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK— FAX 888-4218 FINANCE & UTILITY BILLING —FAX 887-4813 MAYOR'S OFFICE— FAX 884-8119 Printed on recycled paper ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 1 BOISE IDAHO 04121108 130 PM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIII�IIIIIIIIIIlII I III RECORDED—REQUEST OF Meridian Public Works 110606166 SEWER MAIN EASEMENT THIS INDENTURE, made this day of, ZObetween.eh t�J . *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 sewer main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sewer main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way ightof-way for an easement for the construction, operation, maintenance, repair, replacement of a sewer main over and across the following described property: (SEE ATTACHED EX M BI T A and B) The easement hereby granted is for the purpose of construction and operation of a sewer 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, ifs successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that atter construction, making repairs, performing other maintenance or making subsequent connection to the sewer line, Grantee shall restore the area of the easement and adjacent propertyto that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way ight-ofway and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further Sewer Main Easement Page 1 EASMT SWR -school distdct.doc effect and shall be completely relinquished THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and descnibed 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: Dr. L da C uperin dent STATE OF IDAHO ) )ss County of Ada ) On this 16+ day of M are -V) , 20*before me, the undersigned, a Notary Public in and for said State, personally appeared DY. LiNdA 94AA!, and known or identified to me to be the Superintendent of Joint School District No. 2 that executed the within instrument, and acknowledged to me that such entity executed the same. IN WTaM&,�7HEREOF, I have hereunto set my hand and affixed my official seal the day and year NOTARY PUBLIC FOR IDAHO jj 'k .•• PUB1,80 a0 .417 Residing at Lr1_�i-�. l� • - •. .• .+ Commission Expires: 3 -A7-d f 9 .,��J�9TE OF iq,$��• GRANTEE: CITY OF MERIDIAN Tammy de Attest by William G. Berg, Approved By City Council On: Sewer Main Easement Page 2 EASMT SWR.school districLdoc j • STATE OF IDAHO, ) : ss. County of Ada ) J On this day of ' , 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. (SEAL) *•• 0�� �•.* NOTARY PUBLIC FOR IDAHO RESIDING AT: MC Wp, , .3..,L I MY COMMISSION EXPIRES: 10-tt-- j • 0 • ear -10 elo WE - �rr _THE LAND GROUP, INC. March 29,2006 -- Project No. 05046 - .Legal Description Sanitary. Sewer Easement Meridian School District Heritage Middle School 0.62 acres EIIEI[BIT "A", ... An easement for the purpose of construction,-access and maintenance of sanitary sewer_ facilities, situated in U.S. Government Lot 4 of Section 30; Towrhip 4North, - Range 1 East, Boise Meridian, City of Meridian,-A& County,. Idaho, described as follows: Commencing at a found brass cap monumenting-the Southwest Corner of said U.S. Government"Lot .4 on the- centerline of North Meridian Road, thence following the westerly line of said U.S. Government Lot 4 and the centerline of North Meridian Road, -North 00023'00" East a distance of 1;0-25.00-feet"to.a found 5/8-inch steel pin; Thence leaving said westerly.line and said centerline, South 8904614" East a distance of 757.61 feet to the POINT OF BEGINNING. Thence continuing South 8904614" East a distance of 62.12 feet to a point: Thence South 00°13'96".. West a distance. of 16.55 feet to a point; Thence South 66040133" West a distance. of 162.90'feetto a point; Thence South 00°46'00"-West ,a distance of 83.34 feet to a point; _ Thence South 10048'22" .East a distance of 312.29 feet to a point; Thence South 00°23'00" West a distance of 328.48 feet to a point; Thence South 45°23'00" -West a'distance of 66.37 feet to a point; Thence North 89°37'00" West a distance of 246.77 feet to a point; Thence North 00°23'00" East a distance of 20.00. feet to a point; Thence South 89°37'00" East a-distance. of 238.49 feet to a point; Thence North 45°23'00" East a distaince of 49.81 feet to a point; - 'Thence North-00°23'00" East a distance of318.24 feet to a point; - Thence North 1004.8'22" West a distance of 312.36 feet'to a point; Thence North 00°46'00" East a distance of-120.25 feet to a point; ZeadW*#'4nbitedM • Site PA"Ido • OWEN • Ga�Come lirigatioe Engtnaeniag • Gropbu Commanieation 462 E. Shore Drive, Ste: 100; Eaglg Idaho 836.16 • P 208.959.4041 F.208.939-4445 • www.thelandgfoupmc.com G-.\2005\05046\Cad\TLG\legals\06046ss-amt-adoc 1 ... THE "LAND GAO-UP, INC. • . ''thence North 66°..40'33" East a distance of 116:59 foet to the POINT DF BEGINNING. -'The above-described easement 0,62 acres, more •or less; subject to-aff existing easements - and rights-of-w- ay.' _ .. Attached hereto is. Exhibit "B" and by this reference is made -a part hereof. Prepared By: THE LAND- GROUP; INC. - 462 B. SHORE. DRIVE, SUITE 100. EAGLE, IDAHO 83616 20.8-939-4041 208=939-4445 (FAX)._ .. s� 01 I dndrrafie.9rti&kdwre +Bile Planning + Ciyil Engineering +.Golf Core lerigarion & Enginse»ng • Gra,Z& Commmsiodon 462 E. Shore Drive, Ste.100, Eagle, Idaho 83616 • P 208.939.4041 F.208-939-4445 • wwwAclandgroupin-com G:\2005\05046\Cad\TLG\legals\06046ss-esmt-a.doc G^� Pop EIlUA A ROR'T10N OF U.S: CO . LOT 4; - SECTlUN -. -saw,T.411, rL I ml Euvin. - CITY OF .MERDIAK ADA AUNTY, IDAHO _ ... 2006 �a' spa .moi mm q1r STM Sp'4s'14'E• L75450' N00'48' I 'SEE DETAIL ."A" I t X83. �N1 S89'48'14'E .. _ �i � -- - ,.�'' 821 • SCALE: 1 =200.'. '� I • . DETAIL A �I NOT TO SCALE N457SOC "E ! , LEQEND • I. _ N -_ A. - CALCULATED .POINT r- .-FOUND BRASS CAP. oo'w -2'18' FOUND 5/8" STEEL PIN 31W sur - . WITH ORANGE PLASTIC CAP -"LS- 4431 PROPERTY • LINE I ----=---- -- SANITARY SEWER- EASEMENT UNE - - SECTION. UNE/ROAD- CENTERLINE I _ ASPHALT SIDEWALK 25 30�LE. N1C NiILL_AN-ROAD _ 3 31 - � _ �'^►e , FOLNO BRASS CAP $�o 42 uwCOMM OF E RN LOT 4 - �►\ /�..�' THE LAND GROUP', INC. I �1 0=9109 rw"fum. EXHIBIT'B . 06646 a e SAN. -SEWER -EASEMENT HERITAGE MIDDLE. SCHOOL _SH - T Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 4/6/2006 Re: Proposed Agenda Items for 4/18/06 City Council Meeting Cl City of Meridian Public Works Dept. Cater Of Meridian &ty Clem Office The Public Works Department respectfully requests that the following items be placed on the 4/18/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Heritage Middle School by Meridian School District. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Heritage Middle School by Meridian School District and authorize the Mayor to sign and City Clerk to attest. %A 2) Sanitary Sewer Easement for Heritage Middle School by Meridian School District. Typical Sanitary Sewer Easement. Recommended Council Action: Approve the Sanitary Sewer Easement for Heritage Middle School by Meridian School District and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 9 0 SEWER MAIN EASEMENT THIS INDENTURE, made this day of , 20 between 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 sewer main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sewer main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a sewer 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 sewer 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 sewer line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further Sewer Main Easement Page 1 EASMT SW -school district.doc effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Dr. L da Cl upeni dent STATE OF IDAHO ) ) ss County of Ada ) On this 16'h day of M Gt-rC-k . 20-9&, before me, the undersigned, a Notary Public in and for said State, personally appeared. DY. L Ada Cltcyk- and . known or identified to me to be the Superintendent of Joint School District No. 2 that executed the within instrument, and acknowledged to me that such entity executed the same. IN�QHEREOF, I have hereunto set my hand and affixed my official seal the day and year 0. 5�oT`4R NOTARY PUBLIC FOR IDAHO * Z p V att�' .• Residing at V ] 40•� �.•'o��•` Commission Expires: 3 OF'�9.° GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Sewer Main. Easement Page 2 EASMT SWR -school districtdoc March 29, 2006 Project No. 05046 Legal Description Sanitary Sewer Easement Meridian School District Heritage Middle School 0.62 'acres 05 THE LAND GROUP, INC. EZMIT "A" An easement for the purpose of construction, access and maintenance of sanitary sewer facilities, situated in U.S. Government Lot 4 of Section 30, Township 4 North, Range 1.East, Boise Meridian, City of Meridian,"Ada County,, Idaho, described as follows: Commencing at a found brass cap monumentiiig the Southwest Corner of said U.S. Government Lot 4 on the centerline of North Meridian Road, thence following the Westerly line of said U.S. Government Lot 4 and the .centerline. of North Meridian Road, North 00°23'00" East a distance of 1,025.00 feet to a found 5/8 -inch steel pin; Thence leaving said -westerly line and said centerline, South 89°46'14" East a distance of 757.61 feet to the POINT OF BEGINNING.-` Thence continuing South 89°46'14" East a,distance of 62.12 feet to a point: Thence South 00'13'46"- West a distance of 16.55 feet to ,a point; Thence South 66°40'33" West a`distanee of 162.90 feet to a point; Thence South 00146'00" West a distance of 83.34 feet to a point; Thence South 10048'22" East a distance of 312.29 feet to a point; Thence South 00°23'00" West a distance of 328.48 feet to a point; Thence South 45°23'00" West a distance of 66.37 feet to a point; Thence North 890.37'00" West a distance of 246.77 feet to a point; Thence North 00°23'00" East a distance of 20.00. feet to a point; Thence South 8903700." East a distance of 238.49 feet to a point; Thence North 45°23'00"-E6st a distance of 49.81 feet to a point; Thence North 00°23'00" East a distance of 318.24 feet to a point; Thence North 10048'22" West,a distance of 312.36 feet to a point; Thence North 00046'00" East a distance of 120.25 feet to a point; or LnrdreapeAff&teaun Site Plammxg • C 1 Engineering v Golf Co—e Irrigation eh' Engineering - Graphic Communication 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 F 208.939.4445 • www.thelandgroupinc.com G:\2005\05046\Cad\T'LG\legals\06046ss=esmt-a.doc 0 OW Ain THE LAND GROUP, INC. Thence North 66°40'33" East a distance of 116.59 feet to the POINT OF BEGINNING. The above-described easement 0.62 acres, more or less, subject to all existing easements and rights-of-way. Attached hereto is Exhibit "B" and by this reference is made a part hereof. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 20.8-939-4041 208-939-4445 (FAX) Ar I ondtcapeArcbitedun • Site Plomring •Civil Engineering • Golf Course briga&on dr Engineering •Graphic Commumicotion 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 F 208.939.4445 • www.thelandgroupinc.com G:\2005\05046\Cad\TLG\legals\06046ss-esmt-a.doc SITUA 757.61' =DVI A PORTION OF U.S. OOVMMENT LOT 4, SECTION 30, T.4 Nn R.1 E.9 B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2006 FOUND 5/lr 9 46'14T 1754:50' 93477' 25t!33'1 0 E. Mc MILLAN ROAD 36 — — FOUND BRASS C P SOUTHWEST CORNER OF U.S.' GOVEMMENT LOT 4. SEE DETAIL 'A' 83.3 9-W I �{ UZ1TJ 934.7T soR15? I I s� I DETAIL 'A' NOT TO SCALE LEGEND A CALCULATED POINT FOUND BRASS CAP S452S007w FOUND • 5 8" STEEL- PIN 66.x7' / WITH ORANGE PLASTIC CAP -"LS 4431 — PROPERTY UNE --------=----- SANITARY_ SEWER EASEMENT LINE - SECTION UNE/ROAD CENTERLINE ASPHALT SIDEWALK _�i�+ LA RE` 13IO �; f, Z THE LAND GROUP, INC. II �� 03/29/06 .L.,. = 4 c� EXHIBIT"B" c=,.;t �;�es 05046 SAN. -SEWER -EASEMENT HERITAGE_ MIDDLE_ SCHOOL S H E ET1 INW46809'E; I I. ' I W SCALE: 1'=200' N45 -2100'E N00 7S 'E 49.81' 20.00° ses37'oD'� 236_ 31w _ al d 'Z 't F4.1 F4 25t!33'1 0 E. Mc MILLAN ROAD 36 — — FOUND BRASS C P SOUTHWEST CORNER OF U.S.' GOVEMMENT LOT 4. SEE DETAIL 'A' 83.3 9-W I �{ UZ1TJ 934.7T soR15? I I s� I DETAIL 'A' NOT TO SCALE LEGEND A CALCULATED POINT FOUND BRASS CAP S452S007w FOUND • 5 8" STEEL- PIN 66.x7' / WITH ORANGE PLASTIC CAP -"LS 4431 — PROPERTY UNE --------=----- SANITARY_ SEWER EASEMENT LINE - SECTION UNE/ROAD CENTERLINE ASPHALT SIDEWALK _�i�+ LA RE` 13IO �; f, Z THE LAND GROUP, INC. II �� 03/29/06 .L.,. = 4 c� EXHIBIT"B" c=,.;t �;�es 05046 SAN. -SEWER -EASEMENT HERITAGE_ MIDDLE_ SCHOOL S H E ET1 0 April 14, 2006 MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT ITEM NO. S -F REQUEST Water Main Easement Agreement for Silverstone Town Square with Sundance Co. 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. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 1 BOISE IDAHO 0412110 12:20 PM RDPUTY Bonnie ECO DED-REQUbEST OF III II�I�IIII�'�I�II'�I�I('III'I II�'I� Meridian Public Works 106061664 WATER MAIN EASEMENT THIS INDENTURE, made this Ad day of February, 2006 between The Sundance Company, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance 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, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTORS 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. Water Main Easement Page 1 C056184 EASMT. WTR.doc I 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. N. A4ptt-x�� Chris Anderson, Vice President Authorized Agent for Sundance Investment LP STATE OF IDAHO ) ) ss County of Ada ) On this dUoW, day of February, 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Chris Anderson, known or identified to me to be the Vice President, respectively, of The Sundance Company 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 first above written. •••, .0 " I. I,., cd• %011A*k % � Au�LtiG •.,•9r OF �� NOTARY PUBLIC FQR IDAHO Residing at:''-_,..�r� Commission Expires: i4/. /ia Water Main Easement Page 2 C056184 EASMT.WTR.doc CITY OF MERIDIAN William G. Berg, Jr., City Clerk Approved by Council on: STATE OF IDAHO, ) SS. County of Ada, ) of �. T - v .. pts. On this W day of 206 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 nae to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the withinn instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my band and affixed my official seal the day and year first above written. SEAL Notary Public for Idaho Residing at: /�`YiA.i��u... 2c{ My Commission Expires: 1 n --1 S- 1 1="W-1�a • EXHIBIT "A" WATERLINE EASEMENT SILVERSTONE CAMPUS SUBDIVISION A permanent waterline easement over under and across a portion of Parcel A of Record of Survey No. 7123 recorded as Instrument No. 105170551, records of Ada County, Idaho located in Lot 4 and 5 Block 2 of Silverstone Campus Subdivision as shown on the Official Plat recorded in Book 89 of Plats at pages 10,295 thru 10,299 records of Ada County, Idaho, in the NE1/4 of the NW1/4 of Section 21, Township 3 North., Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows; Commencing at a 1/2 inch rebar marking the SW comer of Parcel A of said Record of Survey, thence along the line common to the West line of said Parcel A and East right-of- way line of South Jade Way, N00013'16"B a distance of 60.87 feet to a point marking the POINT OF BEGINNING; Thence continuing along said common line N00°13'16"E a distance of 32.04 feet to a point, from which a 5/8 inch rebar marking an angle point of said common line bears N00°13' 16"E a distance of 168.61 feet; Thence leaving said common line S89'1 925"E a distance of 62.84 feet to a point; Thence S00°40'35"W a distance of 45.79 feet to a point; Thence S89043'00"E a distance of 67.84 feet to a point; Thence S00° 17'00"W a distance of 20.00 feet to a point; Thence N89°43'00"W a distance of 73.04 feet to a point; Thence N44'44'08 "W a distance of 48.36 feet to a point; Thence N89°44'08"W a distance of 23.08 feet to the POINT OF BEGINNING. Said easement contains 4116 square feet or 0.09 acres, more or less, and is subject to all existing easement and rights -of -ways of record or implied. C056184 WATER LINE EASEMENT KNS 060218_doc EXHIBIT "B" - WATERLINE EASEMENT A PORTION OF LOT 4 AND 5 BLOCK 2 SILVERSTONE CAMPUS SUBDIVISION SITUATED IN THE NE 1/4 OF THE NW 1/4 OF SECTION 21 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN O ADA CODUNTY, IDAHO NERAL LEGEND E. OVERLAND RD.~ - - BOUNDARY LINE - ROAD CENTER LINE I ROAD RIGHT-OF-WAY 1 — — EASEMENT LINE ` SECTION LINE -W($")----- WATER LINE OQ FOUND 5/8 INCH REBAR O FOUND 1/2 INCH REBAR O _ _ ❑ CALCULATED POINT rI�O� QM WATER METER WATER MANHOLE FIRE HYDRANT wv O D4 WATER VALVE Cly a I I I I EMN I �I � ao i W s i � M 0 of ■ 2 IIE e�-S89' 19'25"E 62.84' o Lu ■ ■ ■ ■ S(6„) FS( ”' W(2 w M —o 1- 1N89'44'08"W !o .3� o =23.08' ,l,'N � o 00 IS \ J cQr) �a I �0dS89'43'00"E ' a N '�L� 67.84 v7 LJ N89'43'007W 73.04' of PARCEL A RECORD OF Z SURVEY NO. 7123 3 I I PARCEL C—RECORD O�w — S89.13'46"E 206.64' SURVEY NO. 7123 DRAWN BY: SCALE: 1'=30' ANDERSON SILVERSTONE -I- IM: FR EAEM E M ENT Fiud��r. 4! A��tsot4t�• ■ ,,T - i Engineers, Inc. 12M a Emu.. m., sm. s. 8d . um. ay" (=l as -rm 0 City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 4/11/2006 Re: Proposed Agenda Items for 4/18/06 City Council Meeting APR 1 1 2006 City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 4/18/06 City Council agenda, on the Consent Agenda, for Council's consideration: it 1) Water Main Easement for Silverstone Town Square by Sundance Co.. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Silverstone Town Square by Sundance Co. and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer and Water Main Easement for Paramount Village Center by Brighton Commercial Inc. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Paramount Village Center by Brighton Commercial Inc and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 9 WATER MAIN EASEMENT THIS INDENTURE, made this day of February, 2006 between The Sundance Company, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the parry of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance 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, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTORS 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. Water Main Easement Page 1 C056184 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. Chris Anderson, Vice President Authorized Agent for Sundance Investment LP STATE OF IDAHO ) ss County of Ada ) On this 9 day of February, 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Chris Anderson, known or identified to me to be the Vice President, respectively, of The Sundance Company 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 first above written. �a paax r:tseo�y t t, 14 [ . �4, 1 {� 9 �• A� •••••�0•• kf }}♦I G cOF 1101" NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement Page 2 C056184 EASMT. WTR.doc CITY OF MERIDIAN Tammy de Weerd, Mayor William G. Berg, Jr., City Clerk Approved by Council on: 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 Notary Public for Idaho Residing at: My Commission Expires: EXHIBIT "A" WATERLINE EASEMENT SILVERSTONE CAMPUS SUBDIVISION A permanent waterline easement over under and across a portion of Parcel A of Record of Survey No. 7123 recorded as Instrument No. 105170551, records of Ada County, Idaho located in Lot 4 and 5 Block 2 of Silverstone Campus Subdivision as shown on the Official Plat recorded in Book 89 of Plats at pages 10,295 thm 10,299 records of Ada County, Idaho, in the NE1/4 of the NW1/4 of Section 21, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows; Commencing at a 1/2 inch rebar marking the SW corner of Parcel A of said Record of Survey, thence along the line common to the West line of said Parcel A and East right-of- way line of South Jade Way; N00°13'1 6'T a distance of 60.87 feet to a point marking the POINT OF BEGINNING; Thence continuing along said common line N00°13'16"E a distance of 32.04 feet to a point, from which a 5/8 inch rebar marking an angle point of said common line bears N00°13' 16"E a distance of 168.61 feet; Thence leaving said common line S89°19'25"E a distance of 62.84 feet to a point; Thence S00°40'35"W a distance of 45.79 feet to a point; Thence S89°43'00"E a distance of 67.84 feet to a point; Thence S00'1 7'00"W a distance of 20.00 feet to a point; Thence N89°43'00"W a distance of 73.04 feet to a point; Thence N44°44'08"W a distance of 48.36 feet to a point; Thence N89°44'08"W a distance of 23.08 feet to the POINT OF BEGINNING. Said easement contains 4116 square feet or 0.09 acres, more or less, and is subject to all existing easement and rights -of -ways of record or implied. C056184 WATER LINE EASEMENT KNS 060218.doc tQ in E. EXHIBIT "B" WATERLINE EASEMENT A PORTION OF LOT 4 AND 5 BLOCK 2 SILVERSTONE CAMPUS SUBDIVISION SITUATED IN THE NE 1/4 OF THE NAY 1/4 OF SECTION 21 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN ADA COUNTY, IDAHO 2006 GENERAL LEGEND OVERLAND RD. - - BOUNDARY LINE - ROAD CENTER LINE ROAD RIGHT-OF-WAY — — O W A T E R SECTION LINE �I WATER LINE o � O FOUND 1/2 INCH REBAR ❑ w 9 WATER METER ® WATER MANHOLE 8 FIRE HYDRANT WATER VALVE �I o ' o' o T zl �S89' 19'25' E 62.84' o Lj FS( n�O M -0 d g z PN�9'44'08"W n 0 o =23.08'_Q 0\ Io - - BOUNDARY LINE - ROAD CENTER LINE ROAD RIGHT-OF-WAY — — EASEMENT LINE W A T E R SECTION LINE -w(8")- - - - - WATER LINE QO FOUND 5/8 INCH REBAR O FOUND 1/2 INCH REBAR ❑ CALCULATED POINT 9 WATER METER ® WATER MANHOLE 8 FIRE HYDRANT WATER VALVE S89'43'00"E 67.84' o X\ W(8") i L I N89'43'00"W ro of PARCEL A RECORD OF z SURVEY NO. 7123 I _ S89'13'46_E PARCEL C RECORD 0F�— SURVEY NO. 7123 73.04' 0 _ 00 �o 0 O N o 1; iOLi- 0 0 n 0-1 0- U Of m z w w— Q� 0-U) 206.64' ANDERSON EMSN JDATE-18-06 BY: PINNACLE E: Engineers, Inc. W A T E R 73.04' 0 _ 00 �o 0 O N o 1; iOLi- 0 0 n 0-1 0- U Of m z w w— Q� 0-U) 206.64' ANDERSON SILVERSTONE PINNACLE Engineers, Inc. W A T E R E A S E M E N T 1=2 W. E.—c Dr., B'. B. BN , Waho Rud--- dC A�oo oTotrr 7- (aaB) .HB)-lT6D 9 April 14, 2006 MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT ITEM NO. S -G REQUEST Sanitary Sewer and Water Main Easement Agreement for Paramount Village Center with Brighton Commercial, 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meefings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 1 BOISE IDAHO 04121106 ME PM DEPUTY Bonnie OberbilUg RECORDED -REQUEST OF III IIIIIIII{1111111111111111111111 II Meridian Public Works 106061665 SANITARY SEWER AND WATER MAIN EASEMENT n THIS INDENTURE, made this � t� day of 200la between i I?PCIG�he`���' " parties of the first part, and hereinafter called the Grantors, and theziq4 Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, (Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT SW • 0 THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structuress, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the tide 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. Presi n !�eCre y. - STATE OF IDAHO ) ss County of Ada ) On this day of 7 24YV fore me, he undersigned, a Notary Public in and for said State, personally appeared ,P.�' 'eIt ✓,M and ',c-&-acGAvv"-w-5 'known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me than such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year Sanitary Sewer and 130Tq 'P� NT Y PU LIC F AHO Ap Residing at: /fie • e Commission Expires: -5/M6 �a EASMT SW r • GRANTEE: CITY OF MERIDIANCA- R) r r Tammy de We rd ayor _ p PQ 'A'rr Attest by William G. Berg, Jr., +�,ity erk ''//,,,4,,tiadv', Approved By City Council On: r T U STATE OF IDAHO, ) . ss. County of Ada ) On thisday of , 2003,; before me, the undersigned, a Notary Public in and for said State, personal; appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Sanitary Sewer and Water Main. Easement (.511 QA (�q NOTARY PUBLIC FOR IDAHO Residing at: )'ke (bR JW Commission Expires: In ---/ �-- EASMT SW Engineering North West 423 N. Ancestor Place, Suite 180 • LLC Boise, Idaho 83704 (208) 376-5000 a Fax (208) 376-5556 .Project No. 04-041-01 FICA 164T A Date: March 23, 2006 PARAMOUNT VILLAGE VENTER SUBDIVISION SEWER AND WATER EASEMENT DESCRIPTION An easement located in the SW 1/4 of the NW 1/4 of Section 25, T. 4 N., R. 1 W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section comer common to Sections 23, 24, 25 and 26 of said T. 4 N., R. 1 W.; Thence South 00055'15" West, 2657.66 feet on the section line common to said Sections 25 and 26 to the 1/4 section corner common to said Sections 25 and 26; Thence leaving said section line, North 55007'35" East, 261.63 feet to a point on the northerly right-of-way line of West Cayuse Creek Drive, as shown on the Plat of Paramount Subdivision No. 1, as said Plat is recorded in Book 88 of Plats at Page 10163 of Ada County Records, said point also being the REAL POINT OF BEGINNING; Thence North 00036'28" East, 136.12 feet; Thence North 89°25'53" West, 25.09 feet; Thence South 00034'07" West, 30.43 feet; Thence North 89°25'53" West, 10.00 feet; Thence North 00034'07" East, 30.43 feet; Thence North.89025153" West, 101.52 feet; Thence North 00034'07" East, -35.00 feet; Thence South 89°25'53" East, 45.61 feet; Thence North 00034'07" East, 30.52 feet; Thence South 89025'53" Easy, 18.00 feet; Thence South 00034'07" West, 30.52 feet; Thence South 89025'53" East; 73.02 feet; Thence North 0003678" East, 194.33 feet; Thence North 89025'53" West, 73.16 feet; Paramount Village Center Utility Ease Desc.doc i i . i PaREL— Page T o Thence South 00°34'()7" West, 30.43 feet; Thence North 89025'53 " West, 18.00feet; Thence North 001134107'~ East, 30.43 feet; Thence North 89°25'53" West, 12.84 feet; Thence North 00034107" East, 24.94 feet; Thence South 89004'45" East, 70.08 feet; Thence North 00034'07' East, 4093 feet; Thence South 89025'5.3" East, 10.00 feet; Thence South 00034'07" West,. 40.99 feet; Thence South 89004'45" East, 14.39 feet; Thence North 00°34'07" East, 24.14 feet; Thence South 89°2553" East, 10.00 feet; Thence South 00°34'07" West, 24.20 feet; Thence South 89"04'45" East, 54.67 feet; Thence North 00155'15" East, 41.51 feet; Thence South 89°04'45" East, 10.00 feet; Thence South 00155'15" West, 41.51 feet; Thence South 89°04'45" East, 76.85 feet-, Thence South 00°34'07" West, 23.42 feet; Thence North 89°25'53"' West, 15.89 feet; Thence South 00°34'07"1 West, 30.43 feet; Thence North 89°25'53" West, 17.64 feet; Thence North 001134'07" East, 30.43 feet; Paramount Village Center Utility Ease Dese.doc • PmLb_vLO__ Page 2 of 3 Thence North 89025'53" West, 73.48 feet; Thence South 00°3628" West, 189.33 feet; Thence South 89025'53" East,,- 10.23 feet; Thence South 00°34'07" West, 5.00 feet; Thence South 89025'53" East, 63.38 feet; Thence North 00034'07" East, 30.43 feet; Thence South 89125'53" East, 18.00 feet; Thence South 00034'07 West, 30.43 feet; Thence South 89°25'53" East, 36.59 feet; Thence South 00034'07" West, 35.00 feet; Thence North 89°25'53" West, 98.49 feet; Thence South 00034'07" West, 30.43 feet; Thence North 89°25'53" West, 10.00 feet; Thence North 00034'07" East, 30.43 feet; Thence North 89°25'53" West, 19.74 feet; Thence South 00°36'28" West, 136.11 feet to a point on the northerly right-of-way line of said West Cayuse Creek Drive,; Thence North 89°27'08" West, 35.00 feet on the northerly right-of-way line of said West Cayuse Creek Drive to the real point of beginning. PREPARED BY: yt, LLC "v 880 • sy► -��' OP I�p� James R. Washburn, PLSf Paramount Village Center Utility Ease Desc.doc Page 3 of 3 PARAMO 5.2'S.24 S.26 S.25 I- VILLAGE CENTER SUBDIVISION UTILITY EASEMENT EXHIBIT B 7 L -1S i L -M ri I .I I„ I Ir. 2rI1- 91,12-21311, SO2-1 IIITJ I I-- se8'044S'E,1 L-17 — L` I I N89'79'97•WKH8'3.45 7118' I W Z9 I I � 77.46 �`J! I L-18 I I L-27 I 1 I I» I� II rraI I I r' I I TI 1 L-29 I L-8 O z z O O N Z it O L ----cc - 'r 101.sT i in—iae9'7ss's'r q 9&49' LJ., r 1 4 1 L-7 LJ I IN 1 I I I z I z REAL POINT OF BEGINNING I aggA,�S� W. CAYLISE CREEK DR. PARAMOUNT S U 8 Q`I V I S I O N No. 1 1/4 S.26 S.25 SCALE. 1' o too' LINE TABLE LIKE u BEnRtNG..I LENGTM 1 L -1s I sag• E8T sj• E 110. 00, 1 3/1S/2999 4147- 41 PM NST BRIGHTON CORPORATION April 17, 2006 Ms. Anna Canning, AICP Planning Director City of Meridian 660 E. Watertower, Ste 202 Meridian, Idaho 83642 Re: City Council Meeting, April 18, 2006 City Of Meridian City Clerk Office Items: G. Sanitary Sewer and Water main Easement Agreement for Paramount Village Center with Brighton Commercial, Inc. H. Development Agreement: AX 05-063 Request for Annexation and Zoning of 5.03 acres from RUT to R-8 zone for Quenzer North Subdivision by Brighton Development, Inc. — north of East Ustick Road and west of North Locust Grove Road. Dear Ms. Canning: A representative from Brighton Corporation will not be able to attend tomorrow nights City Council meeting. This letter is to advise you that we are in agreement with the conditions imposed on the above listed agenda items. Please contact me if you have any questions. Best Regards, Jay Walker, PM Brighton Corporation RrLahton Cnrnnradon 12601 W. Emlarer Drive -Suite 201. Raic- Idaho 8-3713 Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 4/11/2006 Re: Proposed Agenda Items for 4/18/06 City Council Meeting City of Meridian Public Works Dept, City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 4/18/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Silverstone Town Square by Sundance Co.. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Silverstone Town Square by Sundance Co. and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer and Water Main Easement for Paramount Village Center by Bnghton Commercial Inc. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Paramount Village Center by Brighton Commercial Inc and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 I"] SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this , %� day of 20o(o between t -4t ltixf o2 , P -C - parties of the first part, and hereinafter called the Grantors, and the City oo Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT SW 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 lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Pres ecretaU.L `~ STATE OF IDAHO ) ss County of Ada ) On this day of Aer, 1 20W -fore me, the undersigned, a Notary Public in and for said State, personally appeared �Pi ®lit/ 1 and ?Z- 611=CCA k.&JKS known or identified to me to be the President and Secretary, 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 Sanitary Sewer and NT Y PUBLIC F AHO Residing at: Ida Az� Commission Expires: 5131j6 EASMT SW GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, Jr., City Clerk Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) On this day of , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Sanitary Sewer and Water Main Easement EASMT SW EngineeringEngineefing North West, LLC 423 N. Ancestor Place, Suite 180 Boise, Idaho 83704 (208) 376-5000 • Fax (208) 376-5556 Project No. 04-041-01 E Y,�A t&tT k Date: March 23, 2006 PARAMOUNT VILLAGE CENTER SUBDIVISION SEWER AND WATER EASEMENT DESCRIPTION An easement located in the SW 1/4 of the NW 1/4 of Section 25, T. 4 N., R. 1 W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section comer common to Sections 23, 24, 25 and 26 of said T. 4 N., R. 1 W.; Thence South 00055'15" West, 2657.66 feet on the section line common to said Sections 25 and 26 to the 1/4 section comer common to said Sections 25 and 26, Thence leaving said section line, North 55°07'35" East, 261.63 feet to a point on the northerly right-of-way line of West Cayuse Creek Drive, as shown on the Plat of Paramount Subdivision No. 1, as said Plat is recorded in Book 88 of Plats at Page 10163 of Ada County Records, said point also being the REAL POINT OF BEGINNING; Thence North 00°3628" East, 136.12 feet; Thence North 89°25'53" West, 25.09 feet; Thence South 00°34'07" West, 30.43 feet; Thence North 89°2553" West, 10.00 feet; Thence North 00°34'07" East, 30.43 feet; Thence North.89°25'53" West, 101.52 feet; Thence North 00°34'07" East, 35.00 feet; Thence South 89°25'53" East, 45.61 feet; Thence North 00°34'07" East, 30.52 feet; Thence South 89°25'53" East, 18.00 feet; Thence South 00°34'07" West, 30.52 feet; Thence South 89°25'53" East, 73.02 feet; Thence North 00°3628" East, 194.33 feet; Thence North 89°25'53" West, 73.16 feet; Paramount Village Center Utility Ease Desc.doc Page 1 of 2 Thence South 00°34'07" West, 30.43 feet; Thence North 89°25'53" West, 18.00feet; Thence North 00034107" East, 30.43 feet; Thence North 89025153" West, 12.84 feet; Thence North 00034107" East, 24.94 feet; Thence South 89004'45" East, 70.08 feet; Thence North 00034'07" East, 40.93 feet; Thence South 89025'53" East, 10.00 feet; Thence South 00034'07" West,. 40.99 feet, Thence South 89°04'45" East, 14.39 feet; Thence North 00034107" East, 24.14 feet; Thence South 89025153" East, 10.00 feet; Thence South 00°34'07" West, 24.20 feet; Thence South 89°04'45" East, 54.67 feet; Thence North 00055'15" East, 41.51 feet; Thence South 89°04'45" East, 10.00 feet; Thence South 00°55'15" West, 4151 feet; Thence South 89°04'45" East, 76.85 feet; Thence South 00134'07" West, 23.42 feet; Thence North 89025153" West, 15.89 feet; Thence South 00034107" West, 30.43 feet; Thence North 89°25'53" West, 17.64 feet; Thence North 00°34'07" East, 30.43 feet; Paramount Village Center Utility Ease Desc.doc Page 2 -of 3 Thence North 89°25'53" West, 73.48 feet; Thence South 00°36'28" West, 189.33 feet; Thence South 89°25'53" East; 10.23 feet; Thence South 00°34'07" West, 5.00 feet; Thence South 89°2553" East, 63.38 feet; Thence North 00034'07" East, 30.43 feet; Thence South 89°25'53" East, 18.00 feet; Thence South 00034107" West, 30.43 feet; Thence South 89°25'53" East, 36.59 feet; Thence South 00034'07" West, 35.00 feet; Thence North 89025'53" West, 98.49 feet; Thence South 00°34'07" West, 30.43 feet; Thence North 89°25'53" West, 10.00 feet; Thence North 00°34'07" East, 30.43 feet; Thence North 890,25'53" West, 19.74 feet; Thence South 00°36'28" West, 136.11 feet to a point on the northerly right-of-way line of said West Cayuse Creek Drive; Thence North 89°27'08" West, 35.00 feet on the northerly right-of-way line of said West Cayuse Creek Drive to the real point of beginning. PREPARED BY: t, LLC James R. Washburn, PLS Paramount Village Center Utility Ease Desc.doc Page 3 of 3 7 mw PARAMOUNT VILLAGE CENTER SUBDIVISION UTILITY EASEMENT S.23 S.24 EXHIBIT B S.26 S.25 1 t: L-15 ri L-23 ri .I ImL-19 s89'04'45•E 1 1 rl n �I i_ 71 1 1 70.08' 1 1 I I I I -- 11 1- S89 -04'45'E 1 L-17L-J Ji --, o� L-12 N89'2S'S3"W , r— w ( —r73 F 2S " I 15 73.16' 1 I 4aa m l 1 5 `a 1 1 L-27 s1 Im ml NI gl Im i Im I IN 1 1 L -7 I I L_29 L-32 n 589'25'S3'E J 1 1 nvil $n , L--------- 1�$ I N89'25'53•w i rl 11 L-78 . la f-1 r ---------Jami 101.32' T1 1« 1 J 1" 1 I n N89'2553'w 98.49" .� I LJ 1 L-3 = I ` j 1 1 L-]8 61 el Im 19 I z1 1 � 1 I I REAL POINT OF BEGINNING NeurGaaeL— I 7 \ CAYUSE CREEK DR. 1 O z z O D D In SCALE: 1' = 100' WN89'Z5 TABLE NG LENGTH 53' V 25. 09' 07' V 30. 43' S3' V 10. 00'07' E 30. 43' ]a -E 145. 61' 1 IL -37 I N00'34'07' E 130. 43.1 31,916 sq. ft. P A R A M O U N T S U 8 D'I VI S 1 0 N N 0. t aTs� 1/4 0. 3.26 S-25 ---- --- �, OF xo'V wi 3/15/2008 4:47:41 PM MST • 0 April 14, 2006 AZ 05-063 MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT Brighton Development, Inc. ITEM NO. 5-H REQUEST Development Agreement — Request for Annexation and Zoning of 5.03 acres from RUT to R-8 zone for Quenzer North Subdivision — north of East Ustick Road and west of North Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached 1--, off"e marenais presemea Date: bei i/ / 0 Phone: --coIS ff Inals: shall me property of the City of Meridian. rat RIG HTO LETTER OF TRANSMITTAL To: Mayor Tammy de Weerd Company: City of Meridian Address: 33 E. Idaho Ave. Meridian, ID 83642 ENCLOSURES INCLUDE: r- Plans r- Specifications r Copy of Letter 0 Transmittal Via: r- r Fed Ex .11 S Mail r- UPS r Hand Delivery From: Lynn Jenkins Date: April 10, 200 Project: Quenzer North Subdivision r- Samples i Submittal Data r Change Order Copies Description 2 Development Agreement for signature TRANSMITTED FOR: r- f° Your Use r As Requested NOTES: F- For Bid r- Construction r- For Correction I— Other r H"%ECE1VE1Y)' APR 12 2006 City Of Meridian City Clerk Office 12601 W. Explorer Drive, Suite 200, Boise, ID 83713 Phone: (208) 378-4000 Fax: (208) 377-8962 Q BRIGHTON CORPORATION April 17, 2006 Ms. Anna Canning, AICP Planning Director City of Meridian 660 E. Watertower, Ste 202 Meridian, Idaho 83642 Re: City Council Meeting, April 18, 2006 Art" ��;!!fj C,Of Meridian ity CClerk Office Items: G. Sanitary Sewer and Water main Easement Agreement for Paramount Village Center with Brighton Commercial, Inc. H. Development Agreement: AX 05-063 Request for Annexation and Zoning of 5.03 acres from RUT to R-8 zone for Quenzer North Subdivision by Brighton Development, Inc. — north of East Ustick Road and west of North Locust Grove Road. Dear Ms. Canning: A representative from Brighton Corporation will not be able to attend tomorrow nights City Council meeting. This letter is to advise you that we are in agreement with the conditions imposed on the above listed agenda items. Please contact me if you have any questions. Best Regards, Jay Walker, PM Brighton Corporation Rr&hinn ("ordoradon 72607 W. Emlorer Drive, ,4uite 200. )Ww- Idaho 8-3713 ADA COUNTY RECORDER 1. %0- BOISE IDAHO 04/27/06 02:02 PM NAVARRO AMOUNT 00 38 DEPUTY Neave Haney III I'II'II'II'IItIIIIIIII'lll"'II III RECORDED -REQUEST OF Meridian City 106064914 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Brighton Development Inc, Owner/Developer 3. Vanessa M. Klaus, Owner THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this- 64 day of Y , 2006, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY', Brighton Development Inc, whose address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713 hereinafter called "OWNER/DEVELOPER", and Vanessa M. Klaus, whose address is 4055 N. Locust Grove Road, Meridian, Idaho 83642, hereinafter called "OWNER". RECITALS: 1.1 -WHEREAS, "OWNER/DEVELOPER" and/or "OWNER" are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the "Owner/Developer" and/or "Owner" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WIIEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R-8) Medium Density Residential, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner/Developer" and/or "Owner" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City DEVELOPMENT AGREEMENT (AZ 05-063) QUENZER NORTH SUBDIVISION PAGE 1 OF 12 Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 28`'' day of February, 2006, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owner/Developer" and/or "Owner" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER/DEVELOPER" and/or "OWNER" deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, "City" requires the "Owner/Developer" and/or "Owner" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re -zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: DEVELOPMENT AGREEMENT (AZ 05-063) QUENZER NORTH SUBDIVISION PAGE 2 OF 12 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER/DEVELOPER": means and refers to Brighton -Development Inc., whose address is 12601 West Explorer Drive, Suite 200, Boise, Idaho 83713, the party developing said "Property" and shall include any subsequent owners and/or developer(s) of the "Property„ 3.3 "OWNER": means and refers to Vanessa M. Klaus, whose address is 4055 N. Locust Grove Road, Meridian, Idaho 83642, the party who owns a portion of said "Property" and shall include any subsequent owner(s) of the "Property". 3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-8 (Medium Density Residential) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (D) which are herein specified as follows: Construction and development of a Certificate of Zoning Compliance shall be submitted to the City of Meridian prior to a future development in the R-8 zone, and the pertinentprovisions of DEVELOPMENT AGREEMENT (AZ 05-063) QUENZER NORTH SUBDMSION PAGE 3 OF 12 the City of Meridian Comprehensive Plan are applicable to this AZ 05-063 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has submitted to "City" an application for conditional use permit site plan dated November 11, 2005, and shall be required to obtain the "City"' approval thereof, in accordance to the City's Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. No new buildings are approved for construction under this conceptual CUP/PD application. All future buildings shall require approval of a detailed CUP prior to submittal of any Certificate of Zoning Compliance application and/or building permit 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. "Owner/Developer" and/or "Owner" shall develop the "Property" in accordance with the following special conditions: 1. 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. 2. That all future development of the. subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. 4. That the applicant be responsible for all costs associated with the sewer and water service extension. 5. That 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. DEVELOPMENT AGREEMENT (AZ 05-063) QUENZER NORTH SUBDIVISION PAGE 4 OF 12 0 • 6. That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 7. That horses shall only be allowed on Lot 7, Block 31; and the livestock shall cease to be housed on said lot upon vacancy of the property by the current owner (Vanessa M. Klaus). The number of horses shall not increase above the number housed on the property as of March 1, 2006. 7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner/Developer" and/or "Owner" or "Owners/Developers" and/or "Owners" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner/Developer" and/or "Owner" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner/Developer" and/or "Owner and if the "Owner/Developer" and/or "Owner" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner/Developer" and/or "Owner" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. DEVELOPMENT AGREEMENT (AZ 05-063) QUENZER NORTH SUBDIVISION PAGE 5 OF 12 10. DEFAULT: 10.1 In the event "Owner/Developer" and/or "Owner", or "Owner/Developer's" and/or "Owner's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owner/Developer" and/or "Owner" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent -breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner/Developer's" and/or "Owner's" cost, and submit proof of such recording to "Owner/Developer" and/or "Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner/Developer" and/or "Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner/Developer" and/or "Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which DEVELOPMENT AGREEMENT (AZ 05-063) QUENZER NORTH SUBDIVISION PAGE 6 OF 12 0 • cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner/Developer" and/or "Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Owner/Developer" and/or "Owner" agree to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" and/or "Owner" agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner/Developer" and/or "Owner" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" and/or "Owner" agree to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17• NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER/DEVELOPER: DEVELOPMENT AGREEMENT (AZ 05-063) QUENZER NORTH SUBDIVISION PAGE 7 OF 12 c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 OWNER: Vanessa M. Klaus 4055 N. Locust Grove Road Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue - Meridian, ID 83642 • Brighton Development Inc. 12601 West Explorer Drive, Suite 200 Boise, ID 83713 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner/Developer" and/or "Owner" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing DEVELOPMENT AGREEMENT (AZ 05-063) QUENZER NORTH SUBDIVISION PAGE 8 OF 12 0 0 herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner/Developer" and/or "Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner/Developer" and/or "Owner" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and/or "Owner" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and/or "Owner" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing re -zoning of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ 05-063) QUENZER NORTH SUBDIVISION PAGE 9 OF 12 0 • ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER /DEVELOPER BRIGHTON DEVELOPMENT, INC. By: David W. Turnbull OWNER - Jal� AAAk= I Vanessa M. Klaus CITY OF MERIDIAN BY:�� MAYOR T de WEERD .►>ti+,� ®,ti1B®1ld11711Id@ �P Attest: ED CITY CLERKYZL� S+" DEVELOPMENT AGREEMENT (AZ 05-063) QUENZER NORTH SUBDIVISION PAGE 10 OF 12 LJ • STATE OF IDAHO, ) ss County of Ada, ) On this day of ey A. , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared David W. Turnbull, known or identified tome to be the of acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official year in this certificate first above written V • Z+IO T,I .t. •_ A%f. dpyp t STATE OF IDAHO, ) ss County of Ada, ) Residing at: My Commission L On this ay of - c%C`� , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Vanessa M. Klaus, known or identified to me to be the person who signed the instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have here to set my hand and affixed my official seal the day and year in this certificate first al?veewritten. 5•,x.5 C :•A• NoT'dR �• ; t° : *otary11A,11icIdaho • Residing u'�,, :•$ L i C My Commission xpires: i • • EVEL3ftW 1Y�AGREEMENT (AZ 05-063) QUENZER NORTH SUBDIVISION PAGE 11 OF 12 • STATE OF IDAHO ) ss County of Ada ) On thus ( day of -Apt , 2006, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ®"""same°•o OT . (SAS) ; Legal Description Eek ► f %A' AV -in inee� Orth West, LLC 11 Ancest_ Pla�:c, Suite 180 n_ , — Project No. 01-045-01 QUENZER NORTH REZONE DESCRIPTION 376-5000 � 1'ax (208} 376 SSj6 Date: November 10, 2005 A Parcel of land being Parcel No. 1, as shown on Record -of --survey Number 3774 of Ada County Records, which Parcel is a portion of Lot 13 of Crestwood Ada County No. 1, all located in the SE 1/4 of the NE 1/4 of Section 31, T. 4 N., R 1 ad B.M„ Ada County, Idaho, more particularly described as follows: Commencing at the section comer common to Sections 31 and 32 of said T. 4 and Sections 5 and 6 of T. 3 N., R I E., B.M.; N, R 1 Thence North 00°31'35" East, 2659-04 feet on the section line common 31 and 32 to the 1/4 section corner common to said Sections 31 and 32; to said Sections Thence leaving said section -Be, North 89"46'20" Wes feet on the _ mid-section line of said Section 31 to the center -east 1/16 th soctioalcom6er of said Sec rl on 3�t said point being the REAL, POINT OF HF,CININING. Thence leaving said mid-section line, North OQ°35'27" , described as Nort►i QOab jT52H East 332.36 feet (fotmerlY Section 31, said line also )ori the north -south 1/16 th section line of the 14— i%4 of said being the westerly boundary line of Crnstw same is shows on the Plat thereof retarded in Book 28 of Plats at Page 1757 ofAda County Records, to the northwest co °Od Subdivision No. 1, as comer l3 of said Crestwood Subdivision No, 1; Thence South 89°46'20" East, 658.79 feet (Berl described on the lot line common to bots 12 and 13 of said Cr Y North 89°40'05" ,East corner of said Parcel No. I ofRecord of-Surve� Subdivision No. 1 W the northeast Y Nuoiber 37'14; Thence South 00°3431 I' WC34 332.36 feet (formed on the parcel line common to Parcel No. 1 and P Y d bee as South 00°00'56" West southerly comer common to said P cel No. 2 of said Record to the ) mid-section line of said S Parcel No. 1 and Parcel No. 2, said point bangon the See 31; cast -west Thence Notch 890-46-20" West, 658,88 feet on the cast -west southerly Parcel line of said Parcel No. I to the real Point of he ' mid-section lint and the 5.03 saes more or less, ginning. Said ptircel contains Wass, Nn to tt rete Ao PREPARED BY: F:nRinerriug lurth�tr�t. LI_C James R Washburn, PLS P.S. 1 of 1 ®EY.VAt6+` 8 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER i hu -61. V DIJ MAR 0 3 2006 City f Meridian Jerk office 17Y 1F yy iLD.17i21 �� In the Matter of Annexation and Zoning (AZ) from RUT to R-8 and Preliminary Plat (PP) approval of 12 building lots and 1 common/other lot on 5.47 acres, by Brighton Development. Case No(s).: AZ -05-063 and PP -05-063 For the City Council Hearing Date of: February 28, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 28, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 28, 2006 incorporated by reference) 3, Application and Property Facts (see attached Staff Report for the hearing date of February 28, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 28, 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 pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-063 / PP -05-063 - PAGE 1 of 4. Due consideration has been given to the comments) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed developmentwill not impose expense upon the public if the attached conditions of approval are imp©sed. 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 Ply requesting notice. 7. That this approval is subject to the Legal Description, Preliminary plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of February 28, 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: I. The applicant's Preliminary plat as evidenced by having submitted the preliminary plat dated November 11, 2005 is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the February 28, 2006 City Council hearing: a. Modify the last bullet of the Development Agreement to read: "That horses shall only be allowed on Lot 7, Block 31; and the livestock shall cease to be housed on said lot upon either 1) vacancy of the property by the current owner (Vanessa. M. Klaus) or 2) the life span of the current horses on the property, whichever occurs first. The number of horses shall not increase above the number housed on the pwRerty as o"Fe ruary 28 2006 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 28, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat Within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NON. AZ -05-063 / PP -05-063 - PAGE 2 of 4 and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals Of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-613- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months, Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of MeridianCity Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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. F. Attached: Staff Report for the hearing date of February 28, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-063 / PP -05-063 - PAGE 3 of 4 By action of the City Council at its regular meeting held on the a d fih % 2006. day of COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MAYOR TAMMY de WEERD VOTED __--- ATTEST: G. BERG Copy served upon: MAY%PRI de WEERD ULE Applicant''%r,,d, d t: , i l' �11•ti�```• PPlanni gDepartment ublic Works Department ��City Attorney $ 'Dated: �'�- ou zty Clerk's O ce CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-063 / PP -05-063 - PAGE 4 of 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAR G DATE G OF FEBRUARY 28, 2006 STAFF REPORT City Council Hearing Hearing Date: 2/28/2006 TO: Mayor, City Council FROM: Josh Wilson, Associate City Planner SUBJECT: Quenzer North Subdivision * AZ -05-063 (NO(6 ridix Annexation and Zoning of 5.03 acres from RUT to R-8 zone * PP -05-063 Preliminary Plat of 12 single family building lots and 1 common lot on 5.47 acres in a proposed R-8 zone " SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Brighton Development, has applied for Annexation and Zoning (AZ) of 5.03 acres from RUT (Ada County) to R-8 (Medium -Density Residential) and Preliminary plat approval of 12 single family residential lots and 1 common lot on 5.47 acres. The site is located north of Leigh Field Drive and west of N. Locust Grove. This site currently contains a rural residence, and a portion of the property has been previously annexed and platted as Lot 10, Block 13 of Quenzer Commons Subdivision No. 9. 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on January 19, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing; i. 7n favor: Jay Walker ii. In opposition: Mike Sweet iii. Commenting: None. iv. Staff presenting application: Josh Wilson v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. Percentage of site dedicated to landscaped open space and removal of an open space from a previous platted phase of Heritage Commons Subdivision. c. Key Commission Changes to Staff Recommendation: i. Add a condition which states: Lot 6, Block 31 and Lot 16, Block 13 sball be restricted to single story homes. ii. Add a condition which states: Vinyl fencing shall be installed by the applicant on the north and east boundaries of the subdivision. iii. Amend the last bullet of the Development Agreement to state: That horses shall only be allowed on Lot 7, Block 31; and the livestock shall cease to be housed on said lot upon either 1) vacancy of the property by the current owner (Vanessa M. Klaus) or 2) the life span of the current horses on the property, whichever occurs first. No new horses shall be added to the property. d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTIONS Recommend Approval (All Applications) Quenzer North Subdivision AZ -05-063, PP -05-063 PAGE I CITY' OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FO 0 It THE HEARING DATE OF FEBRUARY 28, 2006 I move to approve File Numbers AZ -05-063 and PP -05-063 as presented in the staff report for the hearing date of February 28, 2006, and the preliminary plat dated November 11, 2005 with the following modifications to the conditions of approval: (add any proposed modifications). Recommend Denial (All Applications) I move to deny File Numbers AZ -05-063 and PP -05-063 as presented in the staff report for the hearing date of February 28, 2006, and the preliminary plat dated November 11, 2005 for the following reasons: (You must state specific reasons for denial). Continue (All Applications) certain). I move to continue the public hearing for File Numbers AZ -05-063 and PP -05-063 to (date 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: North of Leigh Field Drive, west of N. Locust Grove Road El/2, Section 31, T4NR1E b. Owners: 1. Brighton Development 12601 W. Explorer Drive, Ste 200 Boise, Idaho 83713 2. "Vanessa M. Klaus 4055 N. Locust Grove Road Meridian, ID 83642 c. Applicant: Brighton Development 12601 W. Explorer Drive, Ste 200 Boise, Idaho 83713 d. Representative: Jason Davies, Engineering Northwest, LLC e. Present Zoning: RUT f. Present Comprehensive Plan. Designation. Mixed Use Neighborhood (Neighborhood Center) g. Description of Applicant's Request: 1. Date of Preliminary Plat (attached as Exhibit Al): November 11, 2005 2. Date of Landscape Plan (attached as Exhibit A2): December 1, 2005 5. PROCESS FACTS a. The subject application will in fact constitute a conditional use as determined. by City Ordinance. By reason of the provisions of UDC 11-5B-6, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: January 2 and 16, 2006 c. Radius notices mailed to properties within 300 feet on: December 23, 2005 Quen= North Subdivision AZ -05-063, PP -05-063 PAGE 2 CITY OF MERIDIAN PLANNING pEPARTMENT STAFF REPORT FOR THE HEARING ARING DATE OF FEBRUARY 28, 2006 d. Applicant posted notice an site by. January 9, 2dp6 6. LAND USF, a. Existing Land Use(s): Vacant land, common landscape lot for Quenzer Commons Subdivision No. 9, and a rural residence b. Description of Character of Surrounding Area: c. Adjacent Land Use and Zoning 1. North: Existing rural residence, zoned RUT (Ada County). 2. East: Existing rural residence, zoned RUT (Ada County). 3, South: Quenzer Commons Subdivision, zoned R-8. 4. West: Cobre Basin Subdivision, zoned R-4. d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Extension of mains in E. Leigh Field Drive. Location of water. Extension of mains in E. Leigh Field Drive. Issues or concerns: None. 2. Vegetation: Existing mature trees 3. Flood plain: NA 4. Canals/Ditches Irrigation: No major facilities. 5. Hazards: None. 6. Proposed Zoning. R-8 7. Size of Property: 5.74 acres f. Subdivision Plat Information L Residential Lots: 12 2. Non-residential Lots: 1 3. Total Building Lots: 12 4. Common Lots: 1 5. Other Lots. N/A 6. Total Lots: 13 7. Open Lots: 1 8. Residential Area: 5.74 9. Gross Density: 2.19 units per acre (2.41 net density) g. Landscaping I. Width of street bufkr(s): None required. Street buffers are not required on any internal, local streets. Quenzer North Subdivision AZ -05-063, PP -05-063 PAGE 3 CITY OF MERIDIAN PLANNINGD PAP STAFF REP 0 ORT FOR THE HEARING DATE OF FEBRUARY 28, 2006 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: .12 acres/2.17% 4. Other landscaping standards: Landscaping adjacent to micro -paths should comply with UDC 11-3B-12. Common open space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11 -3G -3E2). h. Proposed and Required Non -Residential Setbacks: per the R-8 zone for detached single family R-8 Standard Front (Living area) 15 feet Front (Garage) 20 feet Side 4 feet Rear 12 feet Max. Building Height 35 feet Mica. Lot Size 5,000 square feet Min. Street Frontage 50 feet i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the development will be from Leigh Field Drive and the proposed extension to N. Quenzer Way. Please see ACRD report for details. 7. COMMENTS MEETING On December 30, 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 as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed -Use Neighborhood (Neighborhood Center)" on the Comprehensive Plan Future Land Use Map. Mixed Use Neighborhood areas are anticipated to containfrom three to eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 12 single-family lots on 5.74 acres for a gross density of 2.19 dwelling units/acre (2.41 net). Staff finds that the large lot proposed to remain around the existing residence reduces the density significantly and the development substantially complies with the intent of the density range for the designation. At such time that Lot 7, Block 31 redevelops, the density of the development will fall with the three to eight units per acre noted for Mixed Use Neighborhood areas of the Comprehensive Plan. Staff finds that the following Comprehensive Plan policies apply to this application: • Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner. - Sanitary sewer and water service will be extended to the project at the developer's expense. The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Quenm North Subdivision AZ -05-063, PP -05-063 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT • T FOR THE HEARING DATE OF FEBRUARY 28, 2006 Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada county Sheri s Once annexed the lands will be serviced by the Meridian Police Department Bice. • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRD), This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Milling Services, and Sanitary Services Company. ' Chapter VII, Goal 1, Objective D, Action 9 - Require new residential development to provide Permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. A six-foot tall closed fence has been proposed around a portion of the perimeter of the development, and there is existing fencing on the remainder. Prior to house construction, fencing Should be constructed around the perimeter of this site. • Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Stafffinds finds that the existing residential properties to the south and west are compatible with the proposed development. • Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi -family, townhouses, duplexes, apartments, condanAniums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request for the R-8 zone. Staff finds that the requested zoning designation contributes to the variety of residential zoning categories in this area and is generally consistent with the Comprehensive Plan designation far this site. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists multifamily developments as a Conditional Use. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS Quenzer North Subdivision AZ -05-063, PP -05-063 PAGE 5 CIT"' OF MERIDIAN PLANK DEPARTMENT STAFF REPO • REPORTFOR THE HEARING DATE OF FEBRUARY 28, 2006 a. Analysis of Facts Leading to Staff Recommendation ANN IXATION ANALYSIS• Based on the policies and goals contained in the Comprehensive Plan. and the general compliance of the proposed development with the Zoning O dinance, staff believes that this is a good location for the proposed multifamily development, please see Exhibit for detailed analysis of facts and findings. The annexation legal description submitted with the application (prepared on November 11, 2005 by Gregory Carter, PLS) shows the property as the City of Meridian. contiguous to the existing corporate boundary of That the applicant will be responsible for all costs associated with the sewer and water servi extension. Any existing domestic wells and/or septic systems wice thin this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517when 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, firmes, glare or odors. 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 arnslicant shall contact the Cit -Attorney, Bill Nary, at 888-4433 to initiate this 00 -cess within 18 n of r;ftr COun ' a oval of the annexation r uest. incorporate the following: The DA shall 0 That all future uses shall not involve uses, activities, processes, materials conditions of operation that will be detrimental to an equipment and y 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 the applicant will be responsible for all costs associated with the sewer and water service extension. • That 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 r landscape irrigationas • That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. • That horses shall only be allowed on Lot 7, Block 31; and the livestock shall cease to be housed on said lot upon either 1) vacancy of the property by the current owner (Vanessa M. Klaus) or 2) the life span of the current horses on the property, whichever occurs first. number of horsey sh it not increase aboThe ve the number ho aed on the pruperty as of February 28, 2006, LU EVQNARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Qualw North Subdivision AZ -05-063, PP -05-063 PAGE 6 CITY OF MERIDIAN PLANNING9EPARTMENT STAFF REPORT FOR THE HEART G DATE O • F FEBRUARY 2i3, 2006 Ordinance, staff believes that this is a good location for the proposed townhouse residential products. Please see Exhibit D for detailed analysis of facts and findings. 1. Liv stopk. The property currently contains livestock (horses) that the applicant has requested be allowed to remain on Lot 7, Block 31 which is the existing home. Staff recommends that the horses should be allowed to stay until either vacation of the property by the current owner ar January 1, 2010, whichever occurs first. This stipulation shall be made part of the Development Agreement. 2. Parkways and Landscaped Oren Snace The applicant is Proposing to set aside .12 acres (2.1% of the property) for open space. UDC 11-3G-3 requires that all subdivisions of 5 acres or more shall provide a minimum of 5% of the gross land area in landscaped open space. The applicant is also proposing parkways which are five feet in width and are proposed to contain Class II trees. UDC 11-3A-17 requires that parkways which contain Class H trees be a minimum of eight feet in width without root barriers, or six feet in width with root barriers which meet specific requirements. Any parkways of at least eight feet in width which contain street trees may be counted toward the five percent landscaped open space requirement (UDC 11-30-5), provided that driveway cuts are subtracted. The area of the plat depicted as Lot 11, Block 13 and Lot 1, Block 31 was platted as a common open space lot in Quenzer Commons Subdivision No. 9, which lies immediately to the south of the subject property. The applicant has received Alternative Compliance approval from the Meridian Planning Department to place a portion of N. Quenzer Way across the open space lot. Staff has not, however, approved the conversion of the west half of the common lot to a building lot, as shown on the submitted preliminary plat. The Commission and Council should consider whether the elimination of the approved open space lot from Quenzer Commons Subdivision No. 9 is appropriate. Staff recommends that the preliminary plat and landscape plan be modified to increase the parkways to eight feet in width, and the applicant should provide the Planning Department with revised open space calculations that reflect the included parkways. The applicant should be prepared to demonstrate at the public hearing how the 5% minimum landscaped requirement will be met. 3. No Parkin&: N. North Quenzer Way is proposed as a 29 foot street section and parking shall not be allowed on either side of the street. The street shall be signed as "No Parking" per the Meridian Fire Department's comments. 4. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point cormection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer, An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 5. Fencin : The applicant has submitted a detailed fencing plan (on the landscape plan dated December 1, 2005) with the preliminary plat application for the subdivision. Staff Quenwr North Subdivision A2r05-063, PP -05-063 PAGE 7 CITY OF MERIDIAN PLANNINqGEPARTIVIENT STAFF REPORT FOR THEE H ARING DATE OF FEBRiJARY 28, 2006 is supportive of the fencing proposed, All perimeter fencing must be completed prior to issuance of building permits. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A-7. 6. Common Area Maintenance of all common areas shall be the responsibility of the Quenzer North Home Owners' Association. 7. Ditches. Laterals and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. b. Staff Recommendation: Staff recommends approval of AZ -05-063 and PP -05-063 for Quenzer North Subdivision as presented in the staff report for the hearing date of January 19, 2006 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. 11..EXHMffS A. Drawings 1. Preliminary Plat (dated: November 15, 2005) 2. Landscape Plan (dated: November 11, 2005) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department S. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance Quen= North Subdivision AZ -05-063, PP -05-063 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEA.RING DATE 4F FEBRUARY 28, 2006 A. Drawings 1. Preliminary Plat (dated: September 13, 2005) Exhibit A -' ..__-:� B 1 G• � f Li r -71 I r� �s i .' 1 C'J L•fiY a r ..__-:� B CITY OF MERIDIAN PLANNING STAFF REPORT FOR THE REARING DATE OF FEBRUARY 28, 2006 2. Landscape Plan (dated: September 9, 2005) � C9 � � �� � -- -• s�+aei4i%oya Exhibit A e Jill C- f P v till v r—...--.•:-..,R>-r•.•a L. i >�� �& �j � c r �8 �I I 9 I •i ^7 � � j CC � � a � •i y � � yy f O iY jr> if y � I_ t=, •- `• �r• r i •� } e�iar.oun BYBDIYIS.o► � yes 10 � C9 � � �� � -- -• s�+aei4i%oya Exhibit A e CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 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 City 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 the applicant will be responsible for all costs associated with the sewer and water service extension. • That 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 prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. • That horses shall only be allowed on Lot 7, Block 31; and the livestock shallcease to be housed on said lot upon either 1) vacancy of the property by the current owner (Vanessa. M. Klaus) or 2) the life span of the current horses on the property, whichever occurs first. The number of horses shall not increase above the number housed on the property as of February 28.2006. 1.2 SITE SPECIFIC REQUIREMENTS—pRELIMTNARy PLAT 1.2.1 The preliminary plat labeled as Sheet No. 1 prepared by Engineering Northwest, dated November 11, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ -05-063) shall also be considered conditions of the Preliminary Plat (PP -05-063). 1.2.2 Maintenance of all common areas shall be the responsibility of the Quenzer North Subdivision Homeowners' Association. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. Exhibit B CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEA VG DATE OF FEBRUARY 28, 2U46 1.2.4 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, the Ridenbaugh Canal, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. 1.3 GENERAL REQIJI mENTS—PRELIMINARY PLAT 1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.3.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.6 All irrigation ditches, laterals or canals, exclusive of the Ten Mile Stub cross or lying � �� intersecting, mg ymg adjacent and contiguous to the area being subdivided shall be tiled per UDC 11- 3A-6, unless otherwise approved by Nampa Meridian Irrigation District. Plans will need to be oapproved by the appropriate . irrigation/drainage district, or lateral users association (ditch wners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.3.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension ofmains located in E. Leigh Field Drive. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in E. Leigh Field Drive. The applicant shall be responsible to install water mains to and through this development, coordinate Exhibit B CITY OF MERIDTAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARG DATE OF FEBRUARY 28, 2046 main size and routing with Public Works. 2.3 The applicant shall be responsible for payment of assessments and the actual physical hook-up for the existing house to municipal services. 2.4 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then evidence of alicense agreement shall be submitted prior to scheduling of a pre -construction meeting. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3B-6). The applicant should be required to use any existingsurf ace or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.6 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.7 Revise note 2, to dedicate an easement for public utilities as well as for drainage and irrigation. Also graphically depict on the face of the final plat where these easements will dedicated. 2.8 Any existing domestic wells and/or septic systemswithin this project shall be removed from domestic service per City Ordinance Section 9-1 A and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.9 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.11 All development improvements, including but not limited to sewer, fencing, micro paths, Pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.12 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. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.16 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building Pads receiving engineered backfill, where footing would sit atop fill material. ExWbit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY ZS, 2006 2.18 The engineer shall be required to -certify that th 3 -feet above the highest established peak groue street centerline elevations are set a minimum of ndwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.19 One hundred watt, high-pressure sodium streetlights shall be required at locations designated the Public Works Department. All streetlights shall be installed at subdividers expense. locations are at street intersections and/or fire hydrants. Final design locations and quantityy aTypical 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. 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 Mart. International Fire Code Appendix C. 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 5. All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 6. insure that all yet undeveloped parcels are maintained free of combustible vegetation. 7. 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. 8. Building setbacks shall be per the International Building Code for one and two story construction. 9. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 10. The fire department requests that any £afire signalization installed as the result of the development of this project be equipped with. Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. Exhibit B CITY OF MERIDIAN PLANNINDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006 11. The applicant shall. work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 12. Provide exterior egress lighting as required by the International Building & Fire Codes. 4. POLICE DEPARTMENT 1. The Police Department has no concerns related to the site design submitted with the application. 5. PARKS DEPARTMENT L Standard for Mitigation of trees: The standard established in the City of .Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. SANITARY SERVICE COMPANY 1. Provide a minimum 28' inside and 48' outside radius for all alleys and private streets, where they intersect a public street. 7. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions of Approval 1. Construct a 5 -foot attached (or detached) concrete sidewalk on the north side of Leigh Field Drive abutting the site. Dedicate adequate right-of-way for the sidewalk OR Provide the District with an easement for the sidewalk. 2. Construct North Quenzer Way to intersect East Leigh Field Drive approximately 115 -feet east of the west property line and in alignment with North Quenzer Way, as proposed. 3. Construct the internal street as a 29 -foot street section with curb, gutter and a 4 -foot detached concrete sidewalk that is separated from the curb by 5 -feet. Obtain fire departmental approval for the reduced street section. ***If the applicant wishes to place trees within the landscape strip, • Provide a minimum planter width of 6 -feet for class H tress with the installation of root barriers on both sides of the planter strip or • Provide a minimum planter width of 8 -feet without the installation of a root barrier or • Provide a minimum of a 10 -foot wide planter for Class I and Class III trees. 4. Extend North Quenzer Way to the north property line as a stub street approximately 155 -feet west of the east property line, as proposed. Provide a temporary turnaround at the terminus of the roadway. Install a sign at the terminus of the roadway stating, "This road will be extended in the future." 5. Utilize the existing 25 -foot wide driveway that intersects Leigh Field Drive approximately 230 - feet west of the east property line, as proposed. Pave the driveway its full width and a minimum of 30 -feet into the site beyond the edge of pavement of Leigh Field Drive. 6. Place a note on the final plat stating that Lot 11 of Block 13 will be required to take access to North Quenzer Way as opposed to Leigh Field Drive. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006 7. Comply with all Standard Conditions of Approval. Standard Conditions ofApproval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction. Services at 387-6280 (with file number) for details. 5. Comply with the District's Tree Planter Width Interim Policy. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 9• Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Exhibit B • CANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2046 CITY OF MERIDIAN P B. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to co other regulatory and legal restrictions mply with all rules, regulations, ordinances, plans, or in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B CITY OF MERIDIAN PL gNN11VG DDEPARTMENT ENT STAFF REPORT 0 FOR THE HEARING DATE OF FEBRUARY 28, 2006 C. Legal Description �n ,ineerut a Moral �'� , 423 N, Anct stnr Plare. Suite 1 tit) Project No. 01-045-01 * LLC Guise, lid 133104 (208)3f('-5()00 • Fax (208) 3 ;G-5556 QGENZER NORTH REZONE DESCRIPTION Datc: Nummber 10, 2005 A parcel of land being Parcel No. 1, as shown on Record -of -Survey Number 3774 ofAda County Records, which parcel is aportion of Lot 13 of Crestwood Subdivision No. 1, all located in the SE 1/4 ofthe NE 1/4 of Section 31, T. 4 N., R. 1 E., a.m., County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 31 and 32 of said T. 4 N., R. I and Sections 5 and 6 of T. 3 N., R. 1 E., B.M.; Thence North 00'31'35" East, 2659.04 feet on lite section line common to said Sections 31 and 32 to the 1/4 section corner common to said Sections 31 and 32; Thence leaving said section line, North 89146'20" West, 1317.76 feet on the east -West mid-section line of said Section 31 to the center -east I/16 th section comer of said Section 31, said point being the REAL POINT OF BEGINNING; Thence leaving said mid-section line, North 0_0_35'27" East, 332.36 feet (formerly de§cribed' irs Ntirfli OOb01'S2"esf) on the north -south 1/16th section line of the IVl? .i%4 of said Section 31, said line also being the westerly boundary line. of Crestwood Subdivision No. I, as same is shown on the plat thereof recorded in Book 28 ofPlats at Page 1757 ofAda County Records, to the northwest corner of Lot 13 of said Crestwood Subdivision No. 1; Thence South 8904670" East, 658.79 feet (formerly described as North 89°40'05" East) on the lot line common to Lots 12 and 13 ofsaid Crestwood Subdivision No. I to the northeast comer of said Parcel No. 1 ofRecord-ofSurvey Number 3774, Thence South 0003431" West, 332.36 feet (fomterly described as South (30°00'56" West) on the parcel line common W Parcel No. I and Parcel No. 2 ofsaid Record-of-Sturaey to the southerly comer Common to said Parcel No. I and Parcel No_ 2, said point being ry mid-section line of said Section 31; the east -west Thence North 8946'20" West, 658.88 feet on the east -west mid-sec(ion lute and the southerly parcel line of said parcel No. 1 to the real point of hcginning. Said parcel contains 5.03 acres mare or less. QUML r N- 10Neayrt l) drn Exhibit C PREPARED BY: nt inctrriot; !�urth t�'r.,t_ 11C James R. Washburn, PLS Not 1 oi I 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFFREP ORT FOR THE HEARING DATE OF FEBRUARY 28, 2006 Exhibit C I s t = I I I t J ' r I 1 I � t � R its O f O C O tl � O O I I 3 6 3`^ C m tl � N I p ' t w � I■ � p Z � t m $$ Exhibit C CITY OF MERIDIAN PLANNING EPARTMSTAFF ST REPORT FOR THE HEARING DACE OF FLI3ItCJAIiY 28, 2004 D. Required Findings from Zoning ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-8. 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 single family detached residential uses are allowed within the requested zoning district of R-8 as a principally Permitted Use. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. 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. 5. The annexation is in the best of interest of the City (UDC 11 -5R -3.E). The R-8 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. Staff finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, City Council finds that Annexation and Zoning of thisynroerty to R-8 would be in the best 'merest of the Cid_ 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision maldng body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; City Council finds that the proposed application is in substantial compliance with the Exhibit D 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFFREPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006 adopted Comprehensive Plan. City Council generally supports the proposed plat layout and proposed density as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive flan, Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development, City Council finds that public services are available to accommodate the proposed development. (See finding Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled, public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; See finding "Items 3 and 4 above under Annexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail. 4. The development will not be detrimental to the public health, safety or general welfare; and City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. 5. The development preserves significant natural, scenic or historic features. City Council is unaware of any natural, scenic or historic features on this site. Therefore, staff finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Exhibit D • April 14, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT Architecture Northwest April 18, 2006 AZ 05-066 ITEM NO. 5-1 REQUEST Development Agreement — Request for Annexation and Zoning of .50 acres from R-12 to C -G zone for Meridian Veterinary Clinic — 415 West Franklin pnnrl AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: P / Date: ® Phone: Emailed: R o,('C-Pkf S aff 1 itials: Materials presented at public meetings shall become properly of the City of Meridian. I ADA COUNTY RECORDER J.D NAVARRO AMOUNT .00 25 BOISE IDAHO 04127/08 02:0W DEPUTY Neava Haney RECORDED -REQUEST OF III I'lllll'IIIIIIIIII'IIiIIIII' III II Meridian City 10606491 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Scott Higer, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of rri / , 2006, by and between City of Meridian, a municipal corporation of the State of fda ho, hereafter called "CITY', and Scott Higer, whose address is 415 West Franklin Road, Meridian, Idaho 83642 hereinafter called "OWNER/DEVELOPER". 1. RECITALS: 1.1 WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-6511 A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the "Owner/Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (C -G) General Service and Retail Commercial, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner/Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ 05-066) MERIDIAN VETERINARY CLINIC PAGE 1 OF 10 f 0 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 7t' day of March, 2006, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER/DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use ofthe "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002 Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title l l .and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (AZ 05-066) MERIDIAN VETERINARY CLINIC PAGE 2 OF 10 • 0 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a parry to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER/DEVELOPER": means and refers to Scott Higer, whose address is 415 West Franklin Road, Meridian, ID 83642 the party developing said "Property" and shall include any subsequent owners and/or developer(s) of the "Property". - 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned C -G (General Service and Retail Commercial) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 j which are herein specified as follows: Construction and development of a Certificate of Zoning Compliance shall be submitted to the City of Meridian prior to a future development in the C -G zone, and the pertinentprovisions of the City ofMeridian Comprehensive Plan are applicable to this AZ 05-066 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has submitted to "City" an application for conditional use permit site plan dated December 13, 2005, and shall be required to obtain the "City"' approval thereof, in accordance to the City's DEVELOPMENT AGREEMENT (AZ 05-066) MERIDIAN VETERINARY CLINIC PAGE 3 OF 10 0 0 Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. No new buildings are approved for construction under this conceptual CUP/PD application. All future buildings shall require approval of a detailed CUP prior to submittal of any Certificate of Zoning Compliance application and/or building permit 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: 1. 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. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. 3. That the applicant will be responsible for all costs associated with sewer and water service extension. 4. That 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. 5. That prior to issuance of a Certificate of Zoning Ordinance for construction of the new building, the applicant shall submit a recorded cross access and parking easement between the two parcels. 7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner/Developer" or "Owners/Developers" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Properly" DEVELOPMENT AGREEMENT (AZ 05-066) MERIDIAN VETERINARY CLINIC PAGE 4 OF 10 0 0 of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in Idaho Code § 67- 6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner/Developer" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner/Developer" and if the "Owner/Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner/Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owner/Developer", "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owner/Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: `City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at DEVELOPMENT AGREEMENT (AZ 05-066) MERIDIAN VETERINARY CLINIC PAGE 5 OF 10 • a "Owner/Developer's" cost, and submit proof of such recording to "Owner/Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner/Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non - breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner/Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Owner/Developer" agrees to provide, if required by the "City". DEVELOPMENT AGREEMENT (AZ 05-066) MERIDIAN VETERINARY CLINIC PAGE 6 OF 10 15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner/Developer" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de - annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER/DEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 Scott Higer 415 West Franklin Road Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a DEVELOPMENT AGREEMENT (AZ 05-066) MERIDIAN VETERINARY CLINIC PAGE 7 OF 10 separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner/Developer" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner/Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing re -zoning ofthe subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public DEVELOPMENT AGREEMENT (AZ 05-066) MERIDIAN VETERINARy CLINIC PAGE 8 OF 10 hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. O 1 •Scott _- CITY OF MERIDIAN • 'v -WEERD Attest: ,,��* N CITY CLERK 3 ✓��� � o�q.�l"a DEVELOPMENT AGREEMENT (AZ 05-066) MERIDIAN VETERINARY CLINIC PAGE 9 OF 10 • 0 STATE OF IDAHO, ) ss: County of Ada, ) On this 1 7�, day of '1 ,: 2006, before me, the undersigned, a Notary Public in and for said State, perso ally appeared Scott Higer, known or identified to me to be the person who signed the instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 1W 8:M D. LAUG7HRIDGE Notar; We* of Idaho STATE OF IDAHO ) ss County of Ada ) Notary Public for Idaho , Residing at: My Commission Expires:,—,-,- _ _ o -ZD--) On this`b _. °' day of 2006, before me, a Notary Public, personally appeared Tammy de Weer and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate st above written ®,0860*00 A M• C♦•. (SEC1®Tl�J e ;, ® Notary Public for Idaho ® o: Residing at:1 D ® ' Commission expires: (n4 -{ j s a • DEVELOPMENT AGREEMENT (AZ 05-066) MERIDIAN VETERINARY CLINIC PAGE 10 OF 10 • Legal Description ARROW GH- TC)P,_ C%=.pW r.�y p. L. LA S ^'n : EY5 Land Surveying, Inc. Crxj..,r ;i; 11E1 6 SFa1e Street Sint* Igg Ea94. Idaho 83616 offleb: 1-208-934.737$ Fax 1-M.939.7- 321 LFAAL DESCRIPTION FOR SCOTT HIC.ER a-N-*%'E`ATj() A gonion of the .Notth.Ast 114 o'Ehe Nonhwesl r 14 Or the Northeast c: Scor, ;n t ;- ollow tip 3 North. Rwtgc ; %%'Cst cl•thc Bois, b;cridlan..lda County. !data. de.sz6bed as fn!Inuti: CatrunoncinS ar the 1`orher- corner of Scelon 13- Township 3 Nonh, Range I West of the Bois: feridian, .Aria Cau:tt}. Idaho. and rutudqj otenee W' M 1452.13 rete ; logg ttie Nonh line ofuld suctioa!o the POINT 0"BEGINNING; :hence 1.901,1314g"w a tett: thence):ast 134.00 reel: then a 3'- 8 ;Jo.00 Ieet; thence West 9v A4 Feat fhcn`c V0°l3'4ti`L' 163.'C feet :o she \orth line of said section thence West 23 :f0 feet: W L-�e point ofbedinning. Parc el COtuain. 0.5; acres .shirt. iw.luJcs ►voaosed right of --+ray along frattkiir, Zoac CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER i F IVED 1� r, v An fleridian k Office frn• nr 6err 144 d. In the Matter of a request for Annexation and Zoning of .50 acres from R-12 to C -G (General Service and Retail Commercial) at 415 West Franklin Road, by Meridian Veterinary Clinic. Case No(s). AZ -05-066 For the City Council Hearing Date of. March 7, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 7, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 7, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 7, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 7, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-066 - PAGE 1 of 3 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction_ 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description and the Conditions of Approval all in the attached Staff Report for the hearing date of March 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 March 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 March 7, 2006 By action of the City Council at its regular meeting held on the 7 day of 2006. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-066 - PAGE 2 of 3 0 0 COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MAYOR TAMMY de WEERD VOTED ------ ATTEST: LRAM G. BERG, JR., C C RK Copy served upon: ✓ Applicant —� Planning Department ✓ Public Works Department —� City Attorney By'} 1 Dated: 3,0u1 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-066 - PAGE 3 of 3 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 STAFF REPORT City Council Hearing Hearing Date: 3/7/2006 TO: Mayor and City Council FROM: Josh Wilson, Associate City Planner SUBJECT: Meridian Veterinary Clinic e AZ -05-066 ��rall =% y +' i Annexation and Zoning of .50 acres from R12 (Ada County) to C -G zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Joe Thompson of Architecture Northwest, has applied for Annexation and Zoning (AZ) of .50 acres from R12 (Ada County) to C -G (General Retail and Service Commercial) for the construction of a new building at an existing veterinary clinic. The site is located on the south side of Franklin Road, west of N. Meridian Road. The site is currently vacant and a veterinary clinic exists on the property which is adjacent. 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on February 2, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor. Joe Thompson ii. In opposition: None. iii. Commenting: Larry Rackham iv. Staff presenting application: V. Other staff commenting on application: b. Key Issues of Discussion by Commission: i. Alternative Compliance for required landscaping along the west property line and the desire to see landscaping along Franklin Road c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTIONS Approve I move to approve File Number AZ -05-066 as presented in the staff report for the hearing date of March 7, 2006, with the following modifications to the conditions of approval: (add any proposed modifications). Deny I move to deny File Number AZ -05-066 as presented in the staff report for the hearing date of March 7, 2006, for the following reasons: (you must state specific reasons for denial). Continue I move to continue the public hearing for File Number AZ -05-066 to (date certain). 4. APPLICATION AND PROPERTY FACTS Meridian Veterinary Clinic AZ -05-066 PAGE I I; CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 a. Site Address/Location: South side of Franklin Road, west of N. Meridian Road/ 415 W. Franklin Road NE V4, NE %, Section 13, T3N R1W b. Owners: Scott Higer 415 W. Franklin Road Meridian, Idaho 83642 c. Applicant: Joe Thompson, Architecture Northwest 224160i Avenue S. Nampa, Idaho 83651 d. Representative: Joe Thompson e. Present Zoning: R12 (Ada County) f. Present Comprehensive Plan Designation: Commercial g. Applicant's Justification Statement (from application materials): "We feel that developing the Property as commercial would be a better fit with the surrounding land uses. Conceptually, our client is Proposing to use the parcel expand his Veterinary facilities to meet our increased customer demand. The proposed 7,200 sq. ft. facility would be located on the south end of the subject parcel!, 5. PROCESS FACTS a. The subject application will in fact constitute a annexation as determined by City Ordinance. 13y reason of the provisions of UDC 11-5B-3, a public hearing is required before the Planning and Zoning Commission and City Council on this matter. b. Newspaper notifications published on: January 16 and 30, 2006 c. Radius notices mailed to properties within 300 feet on: January 6, 2005 d. Applicant posted notice on site by: January 24, 2006 6. LAND USE a. Existing Land Use(s): Vacant with existing veterinary clinic on adjacent parcel which fronts on Franklin Road b. Description of Character of Surrounding Area. The area along this portion of Franklin Road is developed as mostly commercial, with some industrial and residential uses to the west of the site. c. Adjacent Land Use and Zoning 1. North: Louisiana Pacific manufacturing plant, zoned C -G and U. 2. East: Existing residence and vacant land, zoned C -G. 3. South: Existing office building in Troutner Business Park, zoned C -G. 4. West: Existing office building in Troutner Business Park, zoned C -G. d. History of Previous Actions: None. Meridian Veterinary Clinic AZ -05-066 PAGE 2 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 e. Existing Constraints and Opportunities 1. Public Works Location of sewer: In W. Franklin Road Location of water: In W. Franklin Road Issues or concerns: None. 2. Vegetation: None. 3. Flood plain: NA 4. Canals/Ditches Irrigation: No major facilities. 5. Hazards: None. 6. Proposed Zoning: C -G 7. Size of Property. .50 acres h. Proposed and Required Non -Residential Setbacks; per the L -O zone C -G Standard Front 0 feet Side 0 feet Rear - 0 feet Max. Building Height 65 feet Min. Lot Size None Min. Street Frontage None i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the site will be from an existing curb cut on Franklin Road. 7. COMMENTS WETING On January 13, 2006 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 as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as °commercial'. In Chapter VII of the Comprehensive Plan, `Commercial' areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and Office uses, multi -family residential, as well as appropriate public uses such as government offices. Staff finds that the requested C -G zoning generally conforms to this stated purpose and intent of the commercial designation within the Comprehensive Plan. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics belowpolicy): • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) Meridian Veterinary Clinic AZ -05-066 PAGE 3 i 0 CJTY Ola MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 The applicant is not specifically proposing to install any landscaping with the subject annexation application. The applicant will be required to submit a development application prior to constructing any use on the site. When the future development application(s) are processed by the City, the applicant will be required to construct landscaping which complies with the Unified Development Code. ' "Permit new ...commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal 1, Objective A, Action item 6) The subject site can be serviced by the City ofMeridian's sanitary sewer and water systems. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter V1I, Caoal 1, Objective B) The proposed use does contribute to the variety o the Comprehensive Plan. f commercial uses in this area, as envisioned with Stafffinds that a C -G zone is harmonious with and in accordance with the Comprehensive Plan. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2B-2 lists animal care facilities as a permitted use in the C -G zone. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ALYSIS_ 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 annexation and veterinary clinic. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (prepared on December 13, 2005 by Darren Leavitt, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. That the applicant will be responsible for all 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 Meridian Veterinary Clinic AZ -05-066 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Special Considerations• Staff is generally supportive of the proposed site design as presented in the conceptual site plan labeled as Sheet A-1.0, dated August 12, 2005, with the following comments: Perimeter Landscape Stp,_p• UDC 11 -313 -Cl requires a five-foot minimum perimeter landscape buffer along all interior lot lines adjacent to parking, loading, or other paved vehicular use areas. This landscape buffer shall be planted with one tree per thirty-five lineal feet and shrubs, lawn, or other vegetative groundcover. The submitted site plan does not depict the required landscape strip along the western property line. It appears that due to the location of the existing building, there is insufficient space to provide the required five-foot strip and Alternative Compliance may be appropriate. The applicant should be aware that they will be required to submit an Alternative Compliance application with the application for Certificate of Zoning Compliance and the Planning Director will make the determination whether the proposal meets the requirements of UDC 11-5B-5. Fire Department and SSC Access• The Meridian Fire Department and Sanitary Services Company (SSC) have commented that the drive aisle on the west side of the proposed building must be twenty feet in width and marked as "No Parking". Parkins Adiacent to New Md;nIV The submitted conceptual site plan shows ten parking spaces adjacent to the proposed building, including one handicap accessible space. The Meridian Fire Department and SSC have commented that the turning radius at the corner of the parking spaces and the drive aisle on the west side of the building is insufficient. The applicant should eliminate the western -most space along the proposed building to address this concern. The Unified Development Code also requires that a landscape planter be placed at the end of the row of parking, which contains vegetative groundcover and at least one tree. With the elimination of the one parking space and the placement of a planter at the end of the row of parking, the turning radius will be sufficient for the Fire Department and SSC. The applicant shall submit plans for the required Certificate of Zoning Compliance which address and remedy these concerns, and comply with the Unified Development Code. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The Mplicant shall contact he Citv AttorneyBill Nary at 88$-433 to initiate this process within 18 months of City_ Council amoval of the an exation reguest. 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 the applicant will be responsible for all costs associated with the sewer and water service extension. • That 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. Meridian Veterinary Clinic Az -05-066 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 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. b. Staff Recommendation: Staff recommends approval of AZ -05-066 for Meridian Veterinary Clinic as presented in the staff report for the hearing date of March 7, 2006 based on the Findings of Fact as listed in Exhibit D and subject to the approval comments as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. 11. EXHr US A. Drawings 1. Conceptual Site Plan B. Conditions of Approval L 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 Meridian Veterinary Clinic AZ -05-066 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 A. Drawings 1. Conceptual Site Plan Exhibit A , CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 W. FRANKLIN RD. - - - t IoNf��tIi1AL K oMY�j�mWqu.0 Exhibit A SE. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 B. Conditions of Approval L PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS .Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, Propertyowner (at the time of annexation ordinance adoption), and the developer. Thea Lica t shall nnntnnt the i-;+.,Atto BillN at 888-4433 t initiate this Process n 18 months of City withiCouncil approval annexation reauest_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,ro reason of excessive production of traffic, noise, smoke fumes property or general welfare by •That all future development of the sub'Property m � glare or odors. Of Meridian ordinances in effect at the time of development.elshall be constructed in accordance with City • That the applicant will be responsible for all costs associated with the sewer and water service extension. • That any existing domestic wells and/or septic systems within this removed from their domestic service, per CitProject will have to be City Ordinance Section is is prPr 7, when services are landscape irrigation. available from the City of Meridian.Wells may be used for non-domestic purposes such as • That prior to issuance of a Certificate of Zoning Compliance forconstruction 0 the new building, the applicant shall submit a recorded cross access and Parking easement between the two parcels. 2. �LICWORKSDEPARTMENT 1. The proposed project has no public Works concerns. 3. FIRE DEPARTMENT 1. The proposed project has no Fire Department concerns. 4. POLICE DEPARTMENT 1. The Police Department has no concerns related to the application. 5. PARKS DEPARTMENT 1. The Parks Department has no concerns related to the application. 6. SANITARY SERVICES COMPANY 1. SSC has no concerns relate to the application. 7. Am COUNTY HIGHWAY DISTRICT 1. Approved with no conditions. Exlubit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Counc l shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to C -G. 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 animal care facilities are allowed within the requested zoning district of C -G as a Principally Permitted Use. The applicant will be required to submit for approval of a Certificate of Zoning Compliance prior to commencement of any construction on the property, 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. 5. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. bn accordance with the findings listed above, staff finds thatnn xatioXLand Zoning of this vronertv to C -G would be in the best interest of the Cites Exhibit D i s April 14, 2006 AZ 06-002 MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT Strada Bellissima, LLC ITEM NO. 5-1 REQUEST Development Agreement — Request for Annexation and Zoning of 0.43 acres from RUT to L -O zone for Strada Bellissima Subdivision Outparcel — 3015 South Meridian Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: / Emailed: 11 E,.� COMMENTS See attached Materials presented at public become property of the City of Meridian. 0 PINNACLE Engineers, Inc. 12552 W. EXECUTIVE DR., SUITE B, BOISE, ID 83713 PH (208) 887-7760 (208) 887-7781 FAX TO: my 'k G LETTER OF #RIANSMITTAL DATE: JOB NO: ATTENTION: ci.xo._ ►r-s0n RE: .1 WE ARE SENDING YOU 1g Attached ❑ Under separate cover via ❑ Shop drawings ✓✓✓❑ Blueprints ❑ Sepias/Vellums ❑ 11 x 17 drawing(s) ❑ 3 1/2" disk ❑ Mylar/Ammonia Mylar ❑ Copy of letter ❑ Change Order ❑ Calculations ❑ Specifications ❑ Field Report ❑ the following items ❑ 8-1/2 x 11 Drawing(s) THESE ARE TRANSMITTED as checked below: AFor review ❑ For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE ❑ No exceptions taken ❑ Resubmit ❑ Make corrections noted ❑ Submit _ ❑ Revise and Resubmit ❑ Return _ _ copies for approval copies for distribution corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS City Of Meridian 1 Y Ulerk Office COPY TO: SIGNED: \k"S S enc. - Water 2235 N.W. 8th Street 888-5242/fax 884-1159 CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK- FAX 8884218 FINANCE & UTILITY BILLING- FAX 8874813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper fad 01 /01 CITY OF $�1W C� IDAHO CF, R %Bir 'rRE:\SL'RE V•uy"Y SINCE 1903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton April 11, 2006 Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Chris Hobbs City Attorney/HR Pinnacle Engineers, Inc. 703 Main Street 12552 West Executive Drive 898-5506 (City Attorne)) 898-5503 (HR) Boise, ID 83713 Fax 884-8723 Fire Re: Development Agreement — Strada Bellissima Subdivision 540 E. Franklin Road Outparcel 888-1234 / fax 895-0390 AZ 06-002 Parks & Recreation 11 W. Bower Street Dear Mr. Hobbs, 888-3579 / fax 898-5501 Planning Enclosed please find the original Development Agreement for Strada 660 E. Watertower Lane Bellissima Subdivision Outparcel, which is ready for your review and Suite 202 signatures of the appropriate parties. Please sign where indicated and 884-5533 /fax 888-6844 return to the City of Meridian City Clerk's Office for placement on the next Police available City Council Agenda for approval. 1401 E. Watertower Lane 888-6678/fax 846-7366 Please call me if you have any questions at 208-888-4433. Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 895-9551 Sincerely, - Building 660 E. Watertower Lane tjox&'� Suite 150 887-2211 / fax 887-1297 Tara Green - Wastewater Deputy City Clerk 3401 N. Ten Mile Road 888-2191/fax 884-0744 enc. - Water 2235 N.W. 8th Street 888-5242/fax 884-1159 CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK- FAX 8884218 FINANCE & UTILITY BILLING- FAX 8874813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper e • ADA COUNTY RECORDER J.1910 NAVARRO AMOUNT .00 27 BOISE IDAHO 04/27/06 02:02 PM EY D -R Haney RIII IIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIII ECORCORQED-REQUEST OF Meridian City 106064913 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Strada Bellissima, LLC, Owner/Developer THIS DEVELOP NT AGREEMENT (this "Agreement"), is made and entered into this day of TY%L 2006, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY', and Strada Bellissima, LLC, whose address is 9560 W. Pebble Brook Lane, Garden City, Idaho 83714 hereinafter called "OWNER/DEVELOPER". 1. RECITALS: 1.1 WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the "Owner/Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (L -O) Limited Office District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner/Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ 06-002) STRADA BELLISSIMA SUBDMSION OUTPARCEL PAGE 1 OF 10 • 0 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 4' day of April, 2006, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER/DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (AZ 06-002) STRADA BELLISSIMA SUBDIVISION OUTPARCEL PAGE 2 OF 10 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER/DEVELOPER": means and refers to Strada Bellissima, whose address is 9560 Pebble Brook Lane, Garden City, Idaho 83714, the party developing said "Property" and shall include any subsequent owners and/or developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned L -O (Limited Office District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11 7-2 (G) which are herein specified as follows: Construction and development of a Certificate of Zoning Compliance shall be submitted to the City of Meridian prior to a future development in the L -O zone, and the pertinentprovisions of the City ofMeridian Comprehensive Plan are applicable to this AZ 06-002 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has submitted to "City" an application for conditional use permit site plan dated December 13, 2005, and shall be required to obtain the "City"' approval thereof, in accordance to the City's DEVELOPMENT AGREEMENT (AZ 06-002) STRADA BELLISSIMA SUBDIVISION OUTPARCEL PAGE 3 OF 10 i 0 Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. No new buildings are approved for construction under this conceptual CUP/PD application. All future buildings shall require approval of a detailed CUP prior to submittal of any Certificate of Zoning Compliance application and/or building permit 6• CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: 1. 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. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. 3. That the applicant will be responsible for all costs associated with sewer and water service extension. 4. That 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. 5. No direct access to Victory Road shall be allowed. 7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner/Developer" or "Owners/Developers" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the DEVELOPMENT AGREEMENT (AZ 06-002) STRADA BELLISSIMA SUBDIVISION OUTPARCEL PAGE 4 OF 10 "City" has complied with the notice and hearing procedures as outlined in Idaho Code § 67- 6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner/Developer" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner/Developer" and if the "Owner/Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner/Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owner/Developer", "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement maybe modified or terminated by the "City upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owner/Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner/Developer's" cost, and submit proof of such recording to "Owner/Developer", prior DEVELOPMENT AGREEMENT (AZ 06-002) STRADA BELLISSIMA SUBDIVISION OUTPARCEL PAGE 5 OF 10 0 to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner/Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non - breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (3 0) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner/Developee, or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Owner/Developer" agrees to provide, if required by the "City". DEVELOPMENT AGREEMENT (AZ 06-002) STRADA BELLISSIMA SUBDIVISION OUTPARCEL PAGE 6 OF 10 15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner/Developer" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de - annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER/DEVELOPER: c/o City Engineer Strada Bellissima, LLC City of Meridian 9560 Pebble Brook Lane 33 E. Idaho Ave. Garden City, ID 83714 Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as DEVELOPMENT AGREEMENT (AZ 06-002) STRADA BELLISSIMA SUBDIVISION OUTPARCEL PAGE 7 OF 10 • 0 determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner/Developer" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner/Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22• FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing re -zoning of the subject "Property" herein provided for can be modified or amended without DEVELOPMENT AGREEMENT (AZ 06-002) STRADA BELLISSIMA SUBDIVISION OUTPARCEL PAGE 8 OF 10 the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk, ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER /DEVELOPER: STRADA BELLISSIMA, LLC —Z4 — By: RIUAP-1p E✓A K5, PQE5idEAJT OF 5114 IS .vl i(4/ACf.K�.rrT coat PO4A� y , A *l -c4fsc C 99 - CITY 9 - CITY OF MERIDIAN CONS1V"Cr1,0A f 5-rKA4 ( BY:d MAYOR T~ de WEERD g68t111111!ltt,, / /J`� �I_�w B �/QO� Attest: _pTyF�A `A CITY CLERK � 7� E��calsa�asg'�, DEVELOPMENT AGREEMENT (AZ 06-002) STRADA BELLISSIMA SUBDIVISION OUTPARCEL PAGE 9 OF 10 STATE OF IDAHO, ) ss: County of Ada, ) On this U-14 day of�W �t , 2006, before me, the undersigned, a Notary Public in and for said State, pe4sonally appeared , C s -t A 2 & �✓a N known or identified to me to be the Mgvs o �y `'` cA of Strada Bellissima, LLC who signed the instrument, and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this,#9"eirst above written. (SEAL) STATE OF IDAHO ) ss County of Ada ) J4 ncn Q NO 40TAJ? �4 XXOT pula co i Notary Publi for Id o Residing at: My Commission Expires: 03-15-2011 On this IV.' ' day of. , 2006, before me, a Notary Public, personally appeared Tammy de Weer and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the da and year in this certificate f t above written eggs.;.I "== 00� (SEAL° J Notary Public for Idaho Residing at: Ca I d k rirA 1 ® Commission expires: s*/y DEVELOP - ® NT (AZ 06-002) STRADA BELLISSIMA SUBDIVISION OUTPARCEL PAGE 10 OF 10 0 0 Legal Description A parcel of land located in the Southeast 1/4 of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and more particularly described as follows: Commencing at an aluminum cap monument marking the southeast corner of said Section 24; thence along the South line of said Section 24 (also being the centerline of W. Victory Road) N89920'52"W a distance of 213.69 feet to a point of curvature from which an aluminum cap monument marking the southwest corner of the Southeast 1/4 of said Southeast I/4 bears N89°20'52"W a distance of 1106.41 feet; thence leaving said South line and continuing along said centerline of W. Victory Road along the arc of a 200.00 foot radius curve to the right having a length of 137.23 feet, a central angle of 39018'48" and a long chord of 134.55 feet bearing 1469°4177 West to a point of tangency; thence N49°37'30"W a distance of 41.65 feet to a 5/8 inch iron rod; thence N49032'50"W a distance of 16.41 feet to a S/8 inch iron rod marling the POINT OF BEGINNING; Thence continuing along said centerline of W. Victory Road and the arc of a 319.41 foot radius curve to the left having a length of 113.32 feet, a central angle of 20°19'39" and a long chord of 112.73 feet bearing N5604 1'35"W to a point of cusp marked by a 5/8 inch iron rod on the boundary line of Strada Bellissima Subdivision No. l as shown on the plat thereof, recorded in Book 93 at pages 11265 through 11268 ofplats, Ada County, Idaho; thence leaving said centerline and along said boundary line N00°43' 18" E a distance of 73.24 feet to a S/8 inch iron rod; thence S89°47'19" H a distance of 189.78 feet to a S/8 inch iron rod; thence S05°36'09"W a distance of 56.62 to a 5/8 inch iron rod; thence S28°10'13"W a distance of 30.42 feet to a SB inch iron rod; thence S56012'13"W a distance of 92.17 foot to the POINT OF BEGINNING. Said parcel contains 18,897 sq. & or 0.43 acres more or less and is subject to any and all casements and/or rights -of -ways of record or implied. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER � DECEIVED MAR 31 2006 Ciiy Of Meridian. erk Office CIT" IF * Y� C�Weddixn � 113.1HU ,y! In the Matter of Annexation and Zoning of .43 acres from RUT to L -O (Limited Office) by Strada Bellissima, LLC - Case No(s). AZ -06-002 For the City Council Hearing Date of: April 4, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 4, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 4, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 4, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 4, 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 pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comments) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-002- PAGE I of 3 0 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description and the Conditions of Approval all in the attached Staff Report for the hearing date of April 4, 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: The applicants request for Annexation is approved subject to the Development Agreement in the attached Staff Report for the hearing date of April 4, 2006 incorporated by reference. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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 April 4, 2006 By action of the City Council at its regular meeting held on the 2006. day of C[TX OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-002- PAGE 2 of 3 0 COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD MA'Y'A ' ATTEST: .� a4" 4 • VOTED VOTED VOTED_ VOTED_g!?'-- VOTED _.�.--- de WEERD WfLIAAM G. B Copy served upon: Applicant f�',�,`V� �� ' �.�•`��``` Flanning Depattixiezit Public Works Department _ ✓ City Attorney B Dated: 4 -U -0to Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-002- PAGE 3 of 3 • MY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRII, 4, 2006 STAFF REPORT City Council Hearing Hearing Date: 4/4/2006 TO: Mayor and City Council FROM: Josh Wilson, Associate City Planner SUBJECT: Strada Bellissima Outparcel a AZ -06-002 cm 'IFrill L V Annexation and Zoning of .43 acnes from RUT to L -O zone I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Strada Bellissima, LLC, has applied for Annexation and Zoning (AZ) of .43 acres from RUT (Ada County) to L -O (Limited Office). The site is surrounded on three sides by land zoned as L -O which was approved with Strada Bellissima Subdivision, and the annexation and development of this Property will complete the proposed office development which was conceptually presented with the subdivision approval. The site is luted at 3015 S. Meridian Road, near the intersection of S. Meridian Road (SH 69) and Victory Road. 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on March 2, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Chris Hobbs ii. fn opposition: None Commenting: None iv. Staff presenting application: Josh Wilson V. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. None. G Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTIONS Approve After considering all staff, applicant and public testimony, I move to approve File Number AZ - 06 -002 as presented in the staff report for the hearing date of April 4, 2006, with the following modifications to the proposed development agreement: (add any proposed modifications.) Deny After considering all staff, applicant and public testimony, I move to deny File Number AZ -06- 002 as presented in the staff report for the hearing date of April 4, 2006, for the following reasons: (you should state specific reasons for denial of the annexation request.) Continuance Strada Beffissima Outparcel AZ -06-002 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006 After considering all staff, applicant and public testimony, I move to continue File Number AZ - 06 -002 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 3015 S. Meridian Road Section 24, T3N Rl W b. Owners: Strada Bellissima, LLC 9560 W. Pebble Brook Lane Garden City, Idaho 83714 c. Applicant: Strada Bellissima, LLC 9560 W. Pebble Brook Lane Garden City, Idaho 83714 d. Representative: Chris Hobbs, Pinnacle Engineers e. Present Zoning: RUT f. Present Comprehensive Plan Designation: Low Density Residential 5. PROCESS FACTS a. The subject application will in fact constitute an annexation 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. c. Newspaper notifications published on: February 13 and 27, 2006 d. Radius notices mailed to properties within 300 feet on: February 8, 2006 e. Applicant posted notice on site by: February 20, 2006 6. LAND USE a. Existing Land Use(s): Existing residence b. Description of Character of Surrounding Area: Approved as part of Strada Bellissima Subdivision for office uses along Meridian Road, with a single family residential development on the remainder of the property. c. Adjacent Land Use and Zoning 1. North: Strada Bellissima Subdivision, zoned L-0. 2. East: Strada Bellissima Subdivision, zoned L -O. 3. South: Rural properties, zoned RUT (Ada County). 4. West: Strada Bellissima Subdivision, zoned L-0. d. History of Previous Actions: None. Strada BelGssima Outparcel AZ_06-002 PAGE 2 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006 e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Already serviced through Strada Bellisima #1. Location of water: Already serviced through Strada Bellisima #1. Issues or concerns: None. 2. Vegetation: None. 3. Floodplain: NA 4. Canals/Ditches Irrigation: No major facilities. 5. Hazards: None known. 6. Proposed Zoning: L-0 7. Size of Property: .43 acres g. Landscaping 1. Width of street buffer(s): 25 feet on Victory Road. 2. Width of buffer(s) between land uses: NA 3. Percentage of site as open space: NA 4. Other landscaping standards: NA h. Proposal and Required Non -Residential Setbacks: per the L -O zone L-0 Standard Front 20 feet Side 10 feet Rear 20 feet Max. Building Height 35 feet Min. Lot Size None Min. Street Frontage None i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the site will be from an existing public roadway (W. Galvani Drive) and commercial drive aisles within Strada Bellissima Subdivision. 7. COMMENTS MEETING On February 10, 2005 Planning Staff held an agency comments meeting. The agencies and departments Present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. S. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is currently designated `Low Density Residential' on the 2002 Comprehensive Plan Future Land Use Map. The City approved Resolution No. 04-0454, which amended Chapter VII, Section 1, of the Comprehensive Plan to include the following language: "At the discretion of City Council, areas with a Residential Comprehensive Plan designation may request office uses if the property has frontage on an arterial street or a section line road and is 3 acres in size or less in size." In this instance, no Spada Bellissima Outparcel AZ -06-002 PAGE 3 U • --.1-.-- MY ._ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL, 4, 2006 ancillary commercial uses shall be permitted." Staff finds that the subject property has frontage on an arterial street, Victory Road, and is less than 3 acres in size (43 acres). According to Resolution No. 04- 0454, the subject parcel is eligible for an office usclzone, if the Commission and Council find the zonin is appropriate for this site. Please see the following facts and circumstances and the Spg ecial Considerations below for fiuther analysis of the proposed zoning designation. Staff finds the following Goals, Comprehensive Plan to be applicable to Objectives, and Action items contained in the 2002 this application (staff analysis is in italics below policy); Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A. Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the darrdc Proposed to be annexed in the following manner. • Sanitary sewer and water service will be extended to the project at the developers expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian Cfty Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada C Office. Once annexed the lands will be serviced by the Meridian � ode Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Ulity Billing Services, and Sanitary Services Company. ti "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal I, Objective B) Staff believes that the proposed zone, which allows of%ice uses, does contribute to the variety of uses in this area. Provide for non-exclusive residential zoning that allows for low -impact neighborhood commercial areas to develop in residential districts. Develop standards to regulate neighborhood commercial uses to minimize the impact on the integrity of the residential district (Chapter.' VII, Goal IV, Objective C, Action'). The proposed development will be restricted to professional and medical oJfaces uses through the Comprehensive Plan teat amendment. The office uses will have a low impact on the Strada Bellissima outparael AZ -06-002 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOP THE HEARING DATE OF APRIL 4, 2006 surrounding properties and will not compromise the integrit disy of the surrounding residential district. he project will take vehicular access from W. Galvani Drive, and will not disrupt the nature or character of the neighborhood Staff finds that the proposed L -O zoning designation is harmonious with and in accordanc the Comprehensive Plan and the recent Comprehensive Plan text amendment. e with 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2B-2 lists personal and professional services as a Permitted Use in the L -O zone. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation A VEXATION 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 office development. Please see Exhibit D for detailed analysis of facts and findings. S e i I Considerations: Victory Road Access: Per the applicant's conceptual site plan, no direct lot access to Victory Road shall be allowed. This will minimize traffic interference and impact on Victory Road. The annexation legal description submitted with the application (prepared on December 12, 2005 by Stephen Lee, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 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 app-licant shall Ontact the CitvAttorn B" N at 88? -4433 to ini "ate s roces within S months of Citv Counc'1 approy oche annexation r incorporate the following: �N The DA shall • All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • All future development of the subject Properly shall be constructed in accordance with City - of Meridian ordinances in effect at the time of development. • 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. • No direct lot access to Victory Road shall be allowed. b. Staff Recommendation: Staff recommends approval of AZ -06-002 for Strada Bellissima Outparcel as presented in the staff report for the hearing date of April 4, 2006 based on the Strada Bellissima outparcel AZ -06-002 PAGE 5 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006 Findings Of Fact as listed Exhibit D B as attached and subject to the approval Comments as listed in Exhibit 1;1. EXHIBXT'S d to this report.Staff has prepared findings consistent with this recommendation. A. Drawings 1. Conceptual Site Plan (dated; December 13, 2005) B. Approval 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 Strada Bellissima Outparcel AZ -06-002 PAGE 6 CITY OF MERIDIAN.PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL, 4, 2006 A. Drawings 1. Conceptual Site Plan (dated : December 13, 2005) Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL, 4, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT I .l ANNEXATION COMMENTS 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 2LCaA shall contact the Ciy Attorney Bill Nary- at 8884433 to initiate this s within 18 no--nft of City CQWcit a oval of the annexation r gest The DA shall incorporate the following: • All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • 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. • No direct lot access to Victory Road shall be allowed. 2. Punic WORKS DEPARTMENT 2.1 Public Works has no concerns with this annexation. All comments will be reserved for during the plan review process for any proposed development. 3. FARE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Y2." 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'. 1 Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 4. All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 5. Provide a 20 -foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 6. For all Fire Lanes, provide signage "No Parking Fire Lane". 7. Insure that all yet undeveloped parcels are maintained, free of combustible vegetation. 8. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 9. Operational fire hydrants, temporary or permanent stmt signs and access roads with an all weather surface are required before combustible construction is brought on site. Exhibit B CITY OF MERIDIANPL.4NTVJN" DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APR1Z 4, 2006 10. Building setbacks shall be per the International Building Code for one and two story construction. 11. The roadways shall be built to Ada County Highway Standards cross sections requirements shall have a clear dnvmg surface, available at all times, which is 20' wide. Streets l and a 29' street width shall have no pazking. Streets with less than 33' shall than side- These measurements shall be based on the face of curb dimension.vThe adx roadway shall be able to accommodate an imposed load of 75,000 GVW. 12. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be laced per 13. The fire department requests that any future si p p Appendix D. development of this project be gn��ion installed as the result of the ti response by fire and emergency medicalm �vehicles.Com This cost of thtisensors to e installation is a safe and e to b borne by the developer,e 14. Maintain a separation of 5' from the building to the 15. Provide a Knox box az enclosure. 16. The first digit of the A system for the complex prior to occupancy. Apartment/Office Suite shall correspond to the floor level. 17. The applicant shall work- with and a sign which meets the Planning Department staff to provide an address identification plan intersection(s). rents of the City of Meridian signs ordinance at the required 18. All aspects of the building systems (including be required to comply with the International Fire Clod �twz)' processes & storage practices spall 19. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 20. Provide exterior egress lighting as require by the International Building & Fire Codes. 21. Where a portion of the facility or building hereafter jurisdiction is more than 400 feet 122 m g constructed or moved into or within the ( ) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buil ugout with an approved automatic sprinkler system installed in accordance withsSection 903.equipped 3..1 nor 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 3 and Group U occupancies, the distance Mquiretnwt shall be 600 feet (183 nn). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 22. There shall be a fire hydrant within 100' of all Fire 23. Buildings over 30' in height are Department connections. Section D105. required to have access roads in accordance with Appendix D 24. Emergency response routes and fire lanes shall not be allowed to have speed bumps, 25. Buildings or facilities exceeding 30 feet (9 144 mm) or three stories in height shall have at least three means of fire apparatus access for each structure. (Remoteness Required) 4. POLICE TIEPARTMENT 1. The Police Department has no concerns with the site design as submitted with the application. 5. PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-313-10) will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006 6. SANITARY SERVICE COMPANY 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application 7. ADA COUNTY EUGHWAY DISTRICT 1- No comments received. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006 C. Legal Description A parcel of land located in the Southeast 1/4 of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and more particularly described as follows: Commencing atan n Scetion 24; thence aluminum cap monument marking the southeast corner of said ce along the South line of said Section 24 (also being the centerline of W. Victory Road) N89°20'52"W a distance of 213.69 feet to a point of curvature from which An aluminum cap monument marking the southwest Cotner of the Southeast 114 of said Southeast I14 bears N89°20'52"W a distance of 1106.41 feet; thence leaving said South line and continuing along said centerline of W. Victory Road along the are of a 200.00 and a long chord of 134.55 feet bearngl N6g 41 �2g••West to a feet �D�e of 39°18'48" N49037'30"W A distance of 41.65 feet to a 5/8 inch iron point of tangency, thence distance of 16.41 feet to a 5/8 inch iron rod marking the POINT O BEG 3INNWG; a Thence continuing along said centerline of W. Victory Road and the arc of a 319.41 foot radius curve to the left having a length of 113.32 feet, a central angle of 20°19'39" and a long chord of 112.73 feet bearing N56041'35"W to a point of cusp marked by a 518 inch iron rod on the boundary line of Strada Bellissima Subdivision No. I as shown on the plat thereof recorded in Book 93 at pages 11265 through 11268 ofplats, Ada County, Idaho; chance leaving said centerline and along said boundary line N00°43' 18")r a distance ah 73.24 feet to a 518 inch iron rod; thence S89°47' 19"E a distance of I89.78 feet to a 518 of inch iron rod; thence S05°36'09"W a distance of 56.62 to a 518 inch iron rod; thence S28°I0'13"W a distance of 30.42 feet to a 5/8 inch iron rod; thence S56012'13"W distance of 92.17 feet to the POINT OF BEGINNING, a Said parcel contains 18,897 sq. R. or 0.43 acres more or less and is subject to any and all Cumnents and/or rights -of --ways of record or implied CO"123 OY ANMHx LEGAL 112120 &L4. Exhibit C 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE FEARING DATE OF APRIL, 4, 2006 LIM EXHIBIT "B" ANNEXATION OF A POM70N OF T88 SE1/4 OF THE SE 1/4 OF SECTION 24 TOWNSHIP 3 NORTH. RANGE 1 �{. gOL4E MERIDIAN CITY OF MERIDIAN, ADA COpNTY, IDAHO 2008 v LEGEND SECTION UNE y STRADA SEWSSIMA SUBDIVISION ROM CENTER UNE ® BOOK 93. PAGES 11268•-11268 ® FOUND 5/8' mew AS SHOWN FOUND BRASS CAP ITO RIGHT—OF—WAY MONUMENT 189.78__T_'__ M a dol. r �1 Z� N a 18,897 sq. ft. ni o i blh ±0.43 acres y^ R N O' ` 1 OIL 0' 3-W ``ro•�-P 30.42' a N39.5 'S6'E N48'3 'S0'W � ��• N49'37'3�'W Gig' •� 18.41 � 41.65 to tti_ _ Jf46.f1� _tri ss' 24 19 NBC °20'SE E1/16 COR 1320.10 SECTION JV 9ZO52"W ZS C.I f+dcF 901016193 i1iF0� 0 CALC POINT (NOTHING SET) P.O.H. POINT OF BEGINNING Exhibit C C.P.&F. 9149709 LEGEND SECTION UNE --`"""--�— BOUNMY UNE ROM CENTER UNE ® FOUND ALUMINUM CAP ® FOUND 5/8' mew AS SHOWN FOUND BRASS CAP ITO RIGHT—OF—WAY MONUMENT 0 CALC POINT (NOTHING SET) P.O.H. POINT OF BEGINNING Exhibit C C.P.&F. 9149709 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006 D. Required Findings from Zoning ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application, In order to grant an annexation and/or rezone, the Council shall make the foIlowing findings; 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to L -O. City Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plaul. 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 service uses are allowed within the requested zoning district of L -O as a Principally Permitted Use. 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. 5. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). City Council fads that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, City Council Rids at AgRexation and Zoning of this property to L-0 would be in the best interest of the City, Exhibit D April 14, 2006 MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT ITEM NO. S -K REQUEST Resolution — Adopting Purchasing Policy for the City of Meridian AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached oe vj---" ob'sit CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION ADOPTING THE PURCHASING POLICY FOR THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 11, 2006, the City Council of the City of Meridian received a staff report regarding the revised City of Meridian Purchasing Policy; and WHEREAS, after receiving said report, the City Council directed that the City of Meridian Purchasing Policy be brought forward in Resolution form to revise and update the Purchasing Policy for the City of Meridian. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the revised City of Meridian Purchasing Policy be adopted, a copy of which is attached to this Resolution and incorporated herein by this reference. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. / ADOPTED by the City Council of City of Meridian, Idaho this 6 8�4-d aY of irk , 2006. APPROVED by the Mayor of the City of Meridian, Idaho, this Z8�—day of l 52006. APPROVED: ,oa ,,�m,s� \e�vi 0 ATTEST:Cy : d� 9L CITY CLERK 5, 76 {Fd��dP9i539SE����'�0 � Resolution for City of Meridian Purchasing Policy Page 1 of 1 • P P y'. (11 CITY OF 044 eYId&77 It IDAHO CITY OF MERIDIAN • PURCHASING POLICY Adopted: 4-18-06 Resolution: 04,� `.5-11 Purpose: Commodities and services purchased in the public sector represent a direct cost to the taxpayer. Every purchase that City employees make is subject to public scrutiny. Competition and best value are the central principles of public procurement. The rules and regulations in this policy were developed to encourage competitive solicitation for sound value, guard against favoritism and profiteering and promote the interest of local economies by providing equal opportunities to compete for government business. References: See Attachment A PURCHASING POLICY Page 1 of 20 Table of Contents Definitions............................................................................................................. 3 Purchasing Ethics and Vendor Relationships....................................................... 3 PurchasingAuthority.............................................................................................4 Semi -Formal Bidding............................................................................................6 FormalBidding......................................................................................................8 Requestfor Proposal..........................................................................................12 Determination of Need to Contract......................................................................13 Leases(City as Lessee).....................................................................................13 Risk Management and Insurance Requirements................................................14 Exceptions to Competitive Bidding......................................................................14 PaymentProcess................................................................................................16 SurplusProperty.................................................................................................18 Attachment«A......................................................................................................20 PURCHASING POLICY Page 2 of 20 I. DEFINITIONS A. Public Purchasing: The purchasing or procurement of an item or a service that meets the need of the City, at the best price, from the most responsive and responsible vendor. B. Idaho Code (I.C.): This policy refers to several Idaho Statutes. See Appendix A for a list of all statutes that impact public purchasing. C. Public Works Construction: Public works construction does not pertain only to those projects undertaken by the Public Works Department. Statute and this policy cover any construction, repair or reconstruction of any public work (including, but not limited to, buildings, pipelines, irrigation, drainage facilities, curbing, and numerous "specialty construction" types of work). See I.C. §54-1901 for further definition and types of work subject to the requirements of this policy. D. Bid Documents: A set of documents, made available to bidders that may include an invitation to bid, instructions to bidders, bid form, general conditions, supplemental general conditions, special provisions, technical specifications, drawings, or other information necessary to adequately convey the characteristics of the item or service being sought. II. PURCHASING ETHICS AND VENDOR RELATIONSHIPS Every City employee has a personal responsibility to conduct government business in an ethical manner and assure the integrity of the City purchasing and procurement processes. Department managers are responsible for adherence to City and State purchasing rules and regulations, A. Prohibitions The City has adopted the following state statutes in regard to purchasing prohibitions: 1. I.C. §67-5726 — Conflict of interest regarding the holding of contracts or selling to the City property or supplies by City employees. 2. I.C. §67-5726 — Prohibition regarding the influencing or conspiring to influence public purchasing decisions and contract awards. Attempts at influence may include kickbacks and bribes, peddling or payment of a fee, back door selling, hard -sell tactics, fraternization, or offering gifts to avoid following published procedures or gain advantages. 3. I.C. §67-5726 — Circumventing Purchasing Authorization — Prohibits efforts by PURCHASING POLICY Page 3 of 20 0 employees to obtain products or services by avoiding the competitive process by splitting purchases, creating false emergency situations and non-use of City-wide contracts. B. Code of Ethics All City of Meridian employees responsible for procuring goods or services shall: 1. Follow the rules and regulations of the City of Meridian and the laws of the state of Idaho. 2. Avoid activities that would compromise or give the perception of compromising the best interests of the City. 3. Reduce the potential for any charges of preferential treatment by actively promoting the concept of competition. 4. Act as good custodians of public money by obtaining maximum benefit for funds spent. 5. Never solicit or accept money, loans, credits or prejudicial discounts, gifts or entertainment material in nature (generally exceeding $50), favors or services from your present or potential suppliers, which might influence or appear to influence purchasing decisions. C. Vendor Relationships Developing and maintaining good relationships with our suppliers is important. Maintain and practice, to the highest degree possible, business ethics, professional courtesy, and competence in all transactions. Adhere to and protect the supplier's business and legal rights to confidentiality for trade secrets, and other proprietary information. III. PURCHASING AUTHORITY Each Department Director or designee within the City shall have the authority to acquire goods or services in accordance with the following guidelines. A. Goods and Services. Purchases Up To $1,000 Each Department Director or designee can make purchases up to $1,000 at their discretion without competitive bidding as long as the expenditure is within their appropriated budget. 2. Purchases From $1,000 to $5,000 Such purchases can be made with the approval of the Department Director and must be accompanied by a signed purchase order. The approval should take place when the purchase order is issued, before any obligation has been PURCHASING POLICY Page 4 of 20 incurred. If the item is already on contract or an open purchase order, a purchase order is not required but the initial contract purchase order should be referenced on the invoice. 3. Purchases More Than $5,000 and Less Than $25,000 Such purchases can be made with the approval of the Department Director and must be accompanied by a signed purchase order. The approval should take place when the purchase order is issued, before any obligation has been incurred. If the item is already on contract or an open purchase order, a purchase order is not required but the initial contract purchase order should be referenced on the invoice. Each Department's City Council Liaison must sign all purchase orders in this range. 4. Purchases More Than $25,000 and Less Than $50,000 These purchases require semi -formal, written bids in accordance with I.C. 67- 2806(1). Also required is the issuance of a purchase order. Each Department's City Council Liaison must sign all purchase orders in this range. See Section IV. See I.C. 67-2803 for exclusions. 5. Purchases $50,000 or Greater Expenditures at this level must go through a formal bid process in compliance with I.C. 67-2806(2). See Section V. See I.C. 67-2803 for exclusions. 6. Specialized Repair More than $25,000 and Less than $50,000 Repair of specialized equipment that is NOT considered a "public work" as defined by statute may utilize semi -formal bidding. Examples of repair work that may qualify under this provision include supply well pumps, heavy rolling stock, previously sole -sourced process equipment and specialty wastewater equipment. Examples of repair work that would not qualify under this provision are passenger vehicles, office buildings, pipelines, and irrigation facilities. The Department Director must secure approval from their department liaison prior to proceeding with semi -formal bidding under this provision. B. Public Works Construction 1. Projects Up To $25,000 Contracts that are less than twenty-five thousand have to be semi- or formally bid, provided such guided by the best interests of the City. dollars ($25,000) may not contracts or purchases are PURCHASING POLICY Page 5 of 20 0 • 2. Projects From $25,000 To $100,000 Contracts require semi -forming bidding. See Section IV. 3. Projects Greater Than $100,000 Contracts require formal bidding. See Section V. 4. Public Works Licensure Statute requires that all public works contractors hold a valid and work -specific public works license from the State of Idaho where the cumulative value of the work to be completed exceeds $10,000. The City also encourages the use of licensed public works contractors for projects under this statutory limit. IV. SEMI -FORMAL BIDDING A. Minimum Requirements. At least three bids must be obtained if possible and at least three of those must be from vendors with a significant Idaho presence (if possible). There is no maximum number of bids. Semi -formal bidding must comply with I.C. 67-2806(1). Idaho Code Section I.C. 67-2349 defines significant Idaho presence as follows: "For the purposes of this section, any bidder domiciled outside the boundaries of the state of Idaho may be considered as an Idaho domiciled bidder, provided that there exists for a period of one (1) year preceding the date of the bid a significant Idaho economic presence as defined herein. Significant Idaho presence shall consist of the following: 1. That the bidder maintain in Idaho fully staffed offices, or fully staffed sales offices or divisions, or fully staffed sales outlets, or manufacturing facilities, or warehouse or other necessary related property; and 2. If a corporation be registered and licensed to do business in the state of Idaho with the office of the secretary of state." B. Format. The request for bid must be written. It must be documented with the date, company name and person providing the bid and be signed by the City employee obtaining the bid. At least three (3) days must be allowed, unless an emergency situation exists, for a written response. Allow one (1) business day after deadline for receiving bids for objections. PURCHASING POLICY Page 6 of 20 0 0 C. Splitting of Requirements. Acquisition requirements shall not be divided to avoid compliance with bidding statutes, rules, or policies. I.C. 59-1026 provides for a $5,000 civil penalty to an entity for willfully and knowingly "splitting" or separating purchases to avoid bid statutes. D. Award of Bid. The award shall be made to the bidder offering the lowest acceptable bid. If a bid is not acceptable, retain written explanation of the reason. This provides support documentation in the event of challenge by an unsuccessful bidder. If the lowest bid is not acceptable, all bids must be refected. Awards may be made in any of the following ways. (Documentation demonstrating the semi -formal bid process was followed must be forwarded to the Finance Department with the first request for payment.) 1. Lowest Cost. Generally, awards are made to the lowest cost responsible bidder. Responsible bidder is defined as the vendor whose bid conforms in all material respects to the request for bid and reflects the lowest acquisition price. Comparisons of costs should include all costs, including such items as delivery costs, setup charges, removal charges, labor charges, and any additional materials required, and other elements described in the bid. 2. Best Value or Weighted Cost. To determine best value a weighted analysis may be used. In a weighted analysis, cost is only one factor in determining the award. Other factors may include evaluation of specifications, comparative performance examinations, vendor references, product usability, flexibility, maintenance, company resources, previous experience, etc. To assure a fair determination of award, identified factors are weighted according to importance in the overall purchasing decision. Relative scores are assigned to each factor, including price, to determine the lowest acquisition cost. All identified factors to be used in awarding the bid must be contained in the written Request for Bid. 3. Life—Cycle Costing. Awards may also be made to bidders offering the lowest life cycle cost. Life -cycle costing means the total cost of an item for its entire life span. It includes initial purchase price, operating supplies, maintenance, repairs, salvage value, and disposal costs. E. Tax Commission Requirements. Within thirty (30) calendar days after Council awards a contract to a public works contractor, the Finance Department shall notify the state tax commission that the contract has been awarded and shall provide to the state tax commission the name and address of the prime contractor. See I.C. §54-1904A. PURCHASING POLICY Page 7 of 20 0 2. If material or equipment is purchased or supplied by the City of Meridian, who is exempt from sales and use taxes, for subsequent use or installation by a public works contractor, then the use by the contractor is subject to use tax. For example, if a contractor has a public works contract to build a structure using materials owned and supplied by the City, the contractor is the consumer of the materials and is subject to a use tax on their value. This tax falls directly upon the contractor and not the owner of the property. See Idaho Administrative Rules 35.01.02.12 V. FORMAL BIDDING Formal bidding is generally used for construction projects, tangible property and in instances where the purchaser knows what they want and the goal is to obtain the best price. Requests for proposals are generally used for services and in cases where the need is known but the solution is not (examples: consulting engineers, architects, project manager, planning consultants). Formal bidding must comply with I.C. §67-2806(2). Bidding must follow the following applicable steps: A. Develop Specification. The term "specification" refers to a description of the characteristics or a commodity or service required. It is the explicit requirement fumished with a solicitation upon which a purchase order or contract is to be based. Specifications are written not to restrict bidding but to encourage open competition. The goal is invite maximum reasonable competition. See Section X for allowable exceptions to formal bidding. Checklist for Specifications: 1. Specifications should be clear and accurate, yet simple. They should not be so specific that a loophole eliminates competition and allows a vendor to take advantage of the purchaser. 2. Specifications should be as flexible as possible. Inflexible specifications defeat the competitive bid process. 3. Specifications must be written so it is easy to check that the product or service meets the specification. 4. Specifications should be reasonable. 5. Specification should be as fair as possible and allow for competitive bidding by several bidders. B. Procedure for Bid Solicitation 1. Notice. The notice inviting bids must set the date and place for the bid opening. The first publication shall be at LEAST two (2) weeks before the date of the bid opening. A longer time period might be preferable. Notice must be published at least twice, not less than one (1) week apart, in the official newspaper of the City. The bid opening must be at least one (1) week PURCHASING POLICY Page 8 of 20 0 9 after the second notice publication. The notice should succinctly set forth the project to be done. Bid notice information must be forwarded to the City Clerk at least one full week before the first public notice is to appear. The Public Works Department is responsible for publishing that department's bid notices. The notice must list the location of for obtaining Bid Documents as well as the name of the project manager. The City may require a deposit or charge for bid documents. 2. Pre -Bid Conference. Pre-bid conferences may be held to explain the item or project requirements. They should be announced to all prospective bidders known to have received an Invitation to Bid. The conference should be held long enough after the Invitation to Bid has been issued to allow bidders to become familiar with the project but long enough before the bid date to allow consideration of the conference results in bid preparation. Nothing in the pre-bid conference can change the Invitation to Bid or Bid Documents unless a change is made by written addendum. If a transcript is made, it shall be a public record. A pre-bid conference is an opening. Bidders have specifications or provide benefit the City. C. Addenda to Bid Documents excellent way to receive bidder input prior to a bid the opportunity to point out inconsistencies in suggestions on technical specifications that may Addenda Format. Addenda to bid documents shall be identified as such and shall ask that the bidder acknowledge receipt of all addenda issued. The addendum shall reference the portions of the Invitation for Bid it amends. 2. Addenda Distribution. Addenda shall be sent to all prospective bidders known to have received the invitation to bid. The City Clerk or Project Manager shall notify all prospective bidders by fax or mail. 3. Addenda Timelines. Addenda shall be distributed within a reasonable time to allow prospective bidders the opportunity to adjust bid preparation. If the date and time previously set for the bid opening do not accommodate such preparation the bid opening time must be increased and once again all prospective bidders notified by the City Clerk or Project Manager. A bid opening time should be documented in the addendum. D. Bid Opening and Evaluation PURCHASING POLICY Page 9 of 20 1. All bids must be received in the City Clerk's office by the date and time specified in the Invitation to Bid. 2. All bids must be signed. 3. No bid received by the City may be withdrawn after the time set in the notice for the opening. 4. The project manager prepares the bid tabulation sheet before the bid opening. 5. The City Clerk publicly opens the bids at the time and place stated in the public notice. No person is denied the right to be present at the opening of bids. The first items read are the signature and the bid security information. If this information is not available the bid is void and cannot be considered. 6. The City Clerk hands the bids to the Project Manager for review. The Project Manager: a. Checks that bid security is included, if required. b. Checks that acknowledgement of addenda is included. c. Reference HVAC/Mechanical/Electrical subs if required. d. Fills out and totals bid schedule. e. Reads responsive bid amount out loud. f. States who the apparent low bid is. g. States that all bids will be evaluated for arithmetic correctness and other items as deemed appropriate. h. Announces the date that a recommendation of award will be presented to the City Council. 7. Bid results are available in the City Clerk's Office to all interested parties. 8. If the lowest responsible bid is less than or equal to $25,000 Council action is not required. (The Mayor must sign all City contracts) 9. If two or more bids are the same, the City Council may accept the one it chooses. If no bids are received the Council may make the expenditure without further compliance with this section. E. Council Action For Formal Bid Decisions 1. City Council Agenda. Staff recommendations are placed on the Consent agenda. If the item is controversial or reflects policy that has not been addressed it can be added to the Council agenda for discussion. Council may also pull Consent items and ask for discussion with staff. At their PURCHASING POLICY Page 10 of 20 discretion staff may choose to not place the item on the consent agenda and may present the contract to the Council as a regular agenda item. 2. City Council Action. The City Council may: a. Accept staff recommendation. b. Approve an alternate bid in accordance with state statute and City policy c. Defer action and request more information. d. Reject all bids and re -advertise. e. After rejecting bids the City Council may, after finding it to be a fact, pass a resolution declaring that the purpose of the expenditure can be realized more economically by day labor, or the materials or supplies furnished at a lower price in the open market. Upon adoption of the resolution, it may fulfill the purpose of the expenditure in the manner stated without further compliance with competitive bidding requirements. f. If no bids are received the City may make the expenditure without further compliance with competitive bidding; requirements. This includes buying the material and supplies and/or having City employees do the work. g. The Project Manager shall notify the successful bidder of the award of the bid. F. Mistakes in Bids. Reference Idaho Code §54-1904 (B - E) for specific reasons for (and ramifications of) withdrawing a bid. G. Additional Requirements for Public Works Construction. 1. Public works contractors have additional requirements for construction projects: a. Must be bondable for performance and payment; b. Must have a valid Public Works license through the State of Idaho; c. Must have class of license specific to dollar value of project; d. Must satisfy additional insurance requirements as stated in the project specifications or bid documents; e. Hold certain specialty license, as required by State of Idaho. H. Tax Commission Requirements. Within thirty (30) calendar days after Council awards a contract to a public works contractor, the Finance Department shall notify the state tax commission that the contract has been awarded and shall provide to the state tax commission the name and address of the prime contractor. See I.C. 54- 1904A. 2. If material or equipment is purchased or supplied by the City of Meridian, who is exempt from sales and use taxes, for subsequent use or installation by a public works contractor, then the use by the contractor is subject to use tax. PURCHASING POLICY Page 11 of 20 r 0 For example, if a contractor has a public works contract to build a structure using materials owned and supplied by the City, the contractor is the consumer of the materials and is subject to a use tax on their value. This tax falls directly upon the contractor and not the owner of the property. See Idaho Administrative Rules 35.01.02.12 IV. REQUEST FOR PROPOSAL A. Purpose. A request for proposal is generally utilized in the acquisition of services or complex purchases. A RFP describes a problem or need in general terms and seeks a written response including pricing information, which describes the solution or means of providing the property requested by the request for Proposal. Price might be an evaluation criterion for proposals, but will not necessarily be the predominant basis for contract award. B. Specific Statutory Requirements. Specific criteria are applicable to professional service contracts with design professionals (engineers, architects and landscape architects), construction managers, and professional land surveyors. These criteria are described in Idaho Code §67-2320 State Government and State Affairs, Chapter 23, Miscellaneous Provisions, Professional Service Contracts With Design Professionals, Construction Managers And Professional Land Surveyors. C. Procedure. To choose between a request for proposal or competitive formal or semi -formal bidding, consider the following factors: 1. Whether the relative skills, expertise, or technical capability of the offers will have to be evaluated. 2. Whether the cost is secondary to the characteristics of the property or service sought, as in a work of art. 3. Whether the conditions of the service, property or delivery conditions are unable to be sufficiently described in the Invitation to Bid. 4. Whether the acquisition is for highly complex or technical property of services and evaluation of the vendor's approach, management capabilities, innovation, or other technical factors are secondary to cost. D. Problem Statement. The RFP is written so that potential offerers understand the problem they are being asked to address or service they are to provide. Any limits or conditions that apply must be included. The RFP must state in general terms all of the evaluation factors and their relative importance, including price. E. Evaluation of Proposals. The evaluation must be based on the evaluation factors set forth in the RFP. Numerical rating systems are generally used but are not PURCHASING POLICY Page 12 of 20 0 i required. Factors not specified in the Request for Proposal shall not be considered in evaluating offers or determining award of contract. F. Award. 1. A written determination shall be made explaining how the award was found to be most advantageous for the agency based on the evaluation criterion set forth in the Request for Proposal. 2. If only one proposal is received in response to a Request for Proposal, the City, as it deems appropriate, may make an award, reject the proposal, or if time permits, re -solicit for the purpose of obtaining additional proposals. VII. DETERMINATION OF NEED TO CONTRACT A. A contract may be established as the result of a bid or a RFP. Agreements where someone is performing a service defined by the City that will exceed $5,000 generally require a written contract. B. The Mayor must approve contracts for $50,000 or less. C. All contracts exceeding $50,000 shall be placed on the City Council consent agenda. If the Council requires discussion they can be pulled from the consent agenda and discussed. Staff may also request such contract not be placed on the consent agenda. D. The City Attorney must review all contracts for legal adequacy. E. All contracts must be signed by the Mayor, with City Clerk attestation to Mayor's signature. F. The original signed copy of every contract must be retained in a central file in the City Clerk's office. The City Clerk shall forward a signed copy to the Finance Department for payment verifications. G. The City Attorney should be consulted on any decision made to declare a breach of contract due to failure to perform. XIII. LEASES (City as Lessee) A. The City may enter into lease agreements. If practical, the City is encouraged to use the competitive bidding process. Market conditions and the urgency of the City's needs are factors to be considered in determining whether to use a competitive bidding process. PURCHASING POLICY Page 13 of 20 0 B. All leases exceeding $25,000 will be placed on the City Council consent agenda. If the Council requires discussion they can be pulled from the consent agenda and discussed. C. The City Attorney must review all lease agreements for legal adequacy. D. The Mayor must sign all lease agreements and City Clerk attest to Mayor's signature. E. The original signed copy of every lease agreement must be retained in a central file in the City Clerk's office. The City Clerk will forward a copy to the Finance Department for payment verifications. * Leases of City -owned property shall be governed by the provisions of I.C. §50- 1409 XIII. RISK MANAGEMENT AND INSURANCE REQUIREMENTS A. Public Works Department Projects. The Public Works Department is responsible for ensuring that all insurance requirements are met for their projects. Public Works will maintain necessary documentation in their offices and have available for audit upon request. B. Non Public Works Department Projects. Project Managers for all other City contracts that require insurance will be responsible for obtaining proof of insurance and having the documents available for audit upon request. C. Worker's Compensation Insurance. Providers of services to the City may be required to file a certificate of Workers Compensation Insurance. Each department is responsible for ensuring a copy of the certificate is filed with the contract if appropriate. Contact the City Treasurer to determine if the certificate is necessary. X. EXCEPTIONS TO COMPETITIVE BIDDING A. Cooperative Bidding The Department may use the established state, federal, city, or county contracts to make purchases. The Division of Purchasing contract information is located at: hftp://www2.state.id.us/adm/purchasina/a-qyinfo.htm In accordance with I.C. §67-2803(1) and §67-2807(1), departments may also piggyback on other city or county bids within six months of the original bid award if the pricing is consistent the original bid and the bid process followed I.C. Title 67. All bid documentation must accompany the purchase order. PURCHASING POLICY Page 14 of 20 0 i City employees are strongly urged to use State of Idaho contracts. State contracts are developed to include price, delivery, reporting capability and other beneficial services. They meet the important competitive bidding criteria and save the time and effort the employee spends shopping around. B. Emergency Purchasing Per I.C. §67-2808(1), any sum may be expended by the City in the event of an emergency such as "extraordinary fire, flood, storm, epidemic or other disaster, of it is necessary to do emergency work to prepare for national or local defense or to safeguard life, health, or property." The Mayor must declare the emergency and provide expenditure approval. Such contracts may not be for a period that exceeds one year. C. Sole Source Purchasing — Purchases under $50,000 Per I.C. §67-2808(2), competitive bidding requirements may be waived if the there is only one vendor for the goods or services to be acquired: Sole source acquisitions must be approved by the department's liaison prior to purchase. Examples of sole source purchases: • Where the compatibility of equipment, components, accessories, computer software, replacement parts, or service is the paramount consideration • Where a sole supplier's item is needed for trial use or testing • Purchase of video's, books, or other copyrighted materials • Purchase of property for which it is determined there is no functional equivalent • Purchases of public utility services D. Professional or Consultant Services — Contracts Less Than $50,000 Professional service contracts less than $50,000 may be entered into without formal bidding or a request for proposal. Professional service contracts require review by the City of Meridian Attorney for legal adequacy and also require the Mayor's signature. Consultant Services. Work rendered by either independent individuals or firms who possess specialized knowledge, experience, and expertise including but not limited to such areas as management, personnel, finance, accounting, planning and data processing. The consultant's work will be performed according to the consultant's methods without being subject to the control of the City. PURCHASING POLICY Page 15 of 20 0 • Professional Services. Work rendered by an independent contractor who has a professional knowledge of some department of learning or science. This includes but is not limited to accounting and auditing, legal, education, engineering, architecture, and research. Special conditions exist for professional service contracts/agreements with design professionals (engineers, architects and landscape architects), construction managers, and professional land surveyors. See I. C. §67-2320 E. Use of Correctional Industries The City can purchase Correctional Industry furniture and other goods or services without competitive bidding. The City may also utilize Idaho Department of Correction labor crews without competitive bidding. F. Procurement of an interest in real property. I.C. §67-2803(5). G. Procurement of insurance. I.C. §67-2803(6). XII. PAYMENT PROCESSING A. Access Purchase Order System. This system was designed to bring uniformity to the City's purchase orders and to give Departments their actual budget balance at any given time. To maintain accuracy it is important that all purchases be entered into the system, regardless of amount. Purchases under the purchase order requirement dollar limit may be entered in the system without generating an actual purchase order. This system is not linked to the City's accounting system so the balance in the purchase order system must be balanced to the accounting system financial reports on a monthly basis. B. Purchase Order Requirements The purpose of a purchase order is to obtain and document approval to purchase BEFORE the purchase is made. The purchase order should be completely filled out prior to approval. 2. All fields on the purchase order should be filled out: a. Bill To: City Hall address b. Ship To: Purchaser's Location c. Complete vendor name and address d. Item description, account coding and price e. Reason for purchase 3. There is a cost associated with generating purchase orders. Recognizing that the City does not require purchase orders for purchases under $1,000 items PURCHASING POLICY Page 16 of 20 0 on an existing contract (reference original purchase order number on invoice), or utility charges. C. Invoice Routing. All invoices will be processed and paid by the City's Finance Department. All vendors should be directed to use one address, the City Hall address: City of Meridian Attn Accounts Payable 33 East Idaho Meridian, Idaho 83642 D. Invoice Processing. Central accounts payable will open mail and distribute invoices to the correct departments. Statements will be retained and reviewed in Accounts Payable. 1. All receiving documents must be initialed and dated and included with the payment invoice. 2. Upon receipt of invoice, departments will match receiving documents, purchase orders if appropriate, bid documents if appropriate, to invoices. 3. Each invoice will be stamped with a stamp that provides Accounts Payable with the information necessary to enter the invoice in the accounting system. This information includes Account number or numbers, Purpose of Purchase, and Approval Signature 4. Completed invoices should be sent back to the City Hall Accounts Payable office as soon as necessary documents are assembled. All invoices for the month MUST be received in Accounts Payable by the 5th of the following month. 5. Purchase orders or either the department head or the City Council liaison must sign invoices before they are sent to Finance. 6. Accounts Payable will batch department payment requests and generate and mail vendor payments. Invoice is paid the 10th of the month following the date of the invoice. 7. Review of Purchases. The accounting department will review invoices for compliance with City and statutory rules and regulations. However the primary responsibility for the propriety of the expenditure rests with the Department Director who signed the invoice. PURCHASING POLICY Page 17 of 20 0 E. Opening Credit Accounts For purposes of good internal control the use of store lines of credit shall be discouraged. The decision to open a line of credit is the responsibility of the Finance Director. City employees are not authorized to open lines of credit and apply for and receive charge cards. Such accounts shall be canceled. XIII. SURPLUS PROPERTY A. Definition of Surplus Property. Personal property owed by the City where the cost of maintenance, transportation, storage, or other costs exceed the economic or useful life of the property. B. Disposal. Surplus property will be disposed of in the manner that maximizes the value received by the City of Meridian in accordance with the following guidelines: All employees of the City, including their spouses, dependents, or any person acting on the employee's behalf, are prohibited from acquiring surplus property form the City UNLESS the property is acquired through a competitive bid process, such as an auction or sealed bid. C. Guidelines. The following guidelines determine the method used to dispose of property. 1. Nominal Value: a. Item has a value of zero or less than what it would cost to dispose of the property. b. Dispose of item by donating to charitable organization that qualifies under Section 501(c) and 501(c)(19) of the Internal Revenue Service or to any state or local government pursuant to LC §50-1405 or: c. Dispose of item at local refuse site or have it removed by outside party willing to pay for removal. 2. Less Than $1,000 Value a. Sell or transfer to another state or local government pursuant to I.C. 50- 1405 without public advertisement or competitive bid or: b. Sell at public auction conducted by a licensed auctioneer or: c. Sell to the highest bidder in response to notice of public sale advertised for at least one week in a newspaper of general circulation. PURCHASING POLICY Page 18 of 20 0 9 3. Greater Than $1,000 Value a. Sell at public auction conducted by a licensed auctioneer or: b. Sell after receipt of sealed bids to the highest responsible bidder after notice of public sale. D. Exceptions. With approval from the City Council and the Mayor items of greater than nominal value may be donated to 501(c)(3) and 501(c) (19) charitable organization or to the state or other local governments pursuant to I.C. §50-1405. E. Procedures for Disposal. 1. To dispose of an item a Property Disposal Authorization Request must be completed. See Attachment B, Property Disposal Authorization Request. 2. Once the form is complete it should be routed as follows: a. Signature (and date) of Department Director. b. Send to Finance Department. Accounting will review the form for completeness, sign, and date. c. Accounting will route to Mayor for approval, Mayor will sign and date and return to accounting. d. Accounting will return the Property Disposal Authorization Form to the requesting Department so they can proceed with disposal. A copy of the form will be maintained in Accounting. e. Once the property is disposed of the Department will note on the form the final disposition of the property and forward to Accounting with asset change form. f. It is the responsibility of each Department to document actual final disposal of the property. Failure to do so will be noted on the monthly property disposal report prepared for the Mayor and Council. g. Accounting will update the fixed asset system and remove the item. Accounting will retain the documentation for audit purposes. h. Once a month accounting will prepare a report for the Council summarizing the month's disposal requests and actions. The Council President will initial the report indicating that it has been reviewed. H. SURPLUS REAL PROPERTY Follow requirements of I.C. Title 50, Chapter 14. PURCHASING POLICY Page 19 of 20 Attachment "A" Idaho Statutes Regarding Purchasing, Contracting and Procurement Public Works Contractor Licensure Requirements I.C. §54-1903 (i) Exemptions to Public Works Contractor Licensure I.C. §54-1903 (i) & (k) Public Works Construction Bidding I.C. §67-2803 (2) & (3) Public Procurement of Goods and Services Bidding I.C. §67-2803 (2) I.C. §67-2805 (2) & (3) Purchasing By Political Subdivisions I.C. Title 67, Chapter 28 Exemptions to Public Procurement of Goods and Services Bidding I.C. §67-2803 (1) through (7) I.C. §67-2806 I.C. §67-2808 (1) Joint Purchasing Program I.C. §67-2807 (1) Penalties — Political Subdivisions/Public Officials I.C. §54-1914 (2) I.C. §54-1920 (2) I.C. §59-1026 Penalties — Contractors I.C. §54-1914 (1) I.C. §54-1920 (1) & (3) Related Statutes I.C. Title 54, Chapter 19: PUBLIC WORKS CONTRACTORS I.C. §67-2309: WRITTEN PLANS AND SPECIFICATIONS FOR WORK TO BE MADE BY OFFICIALS — AVAILABILITY I.C. §67-2320: PROFESSIONAL SERVICE CONTRACTS WITH DESIGN PROFESSIONALS, CONSTRUCTION MANAGERS AND PROFESSIONAL LAND SURVEYORS I.C. Title 50, Chapter 14: DISPOSAL OF SURPLUS REAL PROPERTY PURCHASING POLICY Page 20 of 20 April 14, 2006 MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT ITEM NO. S -L REQUEST Resolution — Ratifying Council's Approval of Meridian Parks Recreation Fees for 2006 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: of`�, CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: �' v SANITARY SERVICE COMPANY b' 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. 17J CITY OF MERIDIAN BY THE CITY COUNCIL: 0 RESOLUTION NO. ®✓ �lZ BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION RATIFYING THE CITY COUNCIL'S APPROVAL OF MERIDIAN PARKS RECREATION FEES FOR 2006; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 11, 2006, the City Council of the City of Meridian, held a hearing on the adoption of the 2006 Meridian Parks Recreation fees for various programs as shown by Attachment "A" and incorporated herein by reference; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said 2006 Meridian Parks Recreation fees for various programs; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the 2006 Meridian Parks Recreation fees for various summer programs are hereby adopted. A copy of the fee schedule is attached as Exhibit "A". Section 2. That the Director of Parks and Recreation is hereby authorized to implement and carry out the collection of said fees for the various programs. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of City of Meridian, Idaho, this l8 day of 1''/• , 2006. / APPROVED by the Mayor of the City of Meridian, Idaho, this 6 8 day of % , 2006. APPROVED: 1�,iauuotae CJP ATTE CYILL CITY CLERK10 RESOLUTION 2006 MERIDIAN PARRS, RE eC®TION FEES Page 1 of 1 Attachment "A" 10 Meridian Parks Recreation Fee Schedule 2006 Activity Current Fee Proposed Fee % Change VOLLEYBALL COMPETATIVE COED, MENS, & WOMENS Team Fee 10 games + toumament $260.00 $110.00 -58% Player Fees min. 10 $15.00 $15.00 0% Additional Players over 10 ASA Fees $15.0 $12.00 Remove Remove Late Fee team NA $30.00 New RECREATIONAL COED Team Fee NA $100.00 New Late Fee team NA $30.00 New BASKETBALL (MENS & WOMENS) Team 10 -games + toumament $500.00 $350.00 -30% Player Fees min. 10 $15.00 $15.00 0% Addittional Players over 10 $15.00 Remove USSSA Fee NA $20.00 New ASA Fees $12.00 Remove Late Fee team NA $50.00 New SUMMER SOFTBALL COED Team Fee 10 -games + toumament $350.00 $400.00 14% Player Fees min. 15 $14.00 $15.00 7% Additional Players over 15 $14.00 Remove ASA Fee $25.00 $26.00 4% Late Fee team NA $50.00 New MENS Team Fee I 67game + toumament $700.00 Player Fees min. 15 NA $15.00 New ASA Fee NA $26.00 New Late Fee team NA $50.00 New MENS SENIOR 50+ Team Fee 16games) NA $550.00 New Player Fees min. 15 NA $15.00 New ASA Fee NA $26.00 New Late Fee team NA $50.00 New FALL SOFTBALL Team (8 -games) $400.00 $200.00 -50% Player Fees min. 15 NA $15.00 New Additional Players over 15 $10.00 Remove ASA Non -Championship Eligible Fee $12.00 $12.00 0% Late Fee team NA $50.00 New Toumament $150.00 Remove NON-LEAGUE SOFTBALL TOURNAMENTS Entry Fee Parks & Rec. Hosted $175.00 $175.00 0% Field rental for toumament per game $15.00 $15.00 0% Girls Fastpitch Softball (U10, U12, U14) Team Fee 10games) N/A $350.00 New ASA Fee(per player) N/Al New Meridian Parks Recreation Fee Schedule 2OU6 SHELTER FEES: Extra Picnic Tables $3.00 $4.00 33% STOREY PARK Blue & Green Shelter Shelter Rental 1-50 people) $30.00 $30.00 0% Shelter Rental 51-100 people $45.00 $45.00 0% Shelter Rental 101-150 people) $60.00 $60.00 0% Shelter Rental 151-200 people) $75.00 $75.00 00/0 Softball Field(per hour $8.00 $10.00 25% Softball Field Lights(per hour $10.00 $15.00 50% Volleyball E ui ment r da $10.00 $10.00 0% TULLY PARK Small Shelter Rental 30 people max. $30.00 $30.00 0% Large Shelter Rental 1-150 people) $60.00 $60.00 0% large Shelter Rental 151-200 people) $75.00 $75.00 0% Large Shelter Rental 201-250 people) $90.00 $90.00 0% Large Shelter Rental 251-300 people) $105.00 $105.00 0% Softball Fields(per hour $8.00 $10.00 25% Volleyball Equipment (per da $10.00 $10.00 0% CHATEAU PARK Shelter Rental 30 people max. $30.00 $30.00 0% Multi -Use Field(per hour NA $10.00 New SETTLERS PARK Shelter Rental 1-50 people) $30.00 $30.00 0% Shelter Rental 51-100 people) $45.00 $45.00 0% Shelter Rental 101-150 people) $60.00 $60.00 0% Shelter Rental 151-200 people) $75.00 $75.00 0% Multi -Use Fields(per hour $8.00 $10.00 25% HEROES PARK Multi -Use Field(per hour NA $10.00 New SEASONS PARK Multi -Use Field(per hour NA $10.00 New KIWANIS PARK Shelter Rental 50 people max. NA $30.00 New Multi -Use Fields er hour NA $10.00 New BEAR CREEK PARK Shelter Rental 1-50 people) NA $30.00 New Shelter Rental 51-100 people) NA $45.00 New Shelter Rental 101-150 people) NA $60.00 New Shelter Rental 151-200 eo le NA $75.00 New Softball Fields(per hour $8.00 $10.00 25% Multi -Use Fields(per hour NA $10.00 New CHAMPION PARK Shelter Rental 30 people max. NA $30.00 New Multi -Use Fields(per hour NA $10.00 New Meridian Parks Recreation Fee Schedule 2O0 SPECIAL EVENTS MERIDIAN BARN SOUR 1 Mile Fun Run $8.00 $8.00 0% 5K Run $18.00 $18.00 0% 10K Run $18.00 $18.00 0% 5k/10k Late Registration $23.00 $23.00 0% SUMMER SIZZLER Basketball- 4 players max.(per team $30.00 $40.00 33% Volleyball - 4 players max.(per team $30.00 $40.00 3311/6 Inline Skating $12.00 $12.00 0% ACTIVITY GUIDE SUMMER CAMP Plan A Full Da - 2 weeks $124.00 Remove Plan A Full Da - 2 weeks Late Registration $144.00 Remove 2nd Child Plan A $94.00 Remove 2nd Child Plan A Late Registration $114.00 Remove Plan B 1/2 Das - 2 weeks $84.00 Remove Plan B 1/2 Das - 2 weeks Late Registration $104.00 Remove 2nd Child Plan B $54.00 Remove 2nd Child Plan B Late Registration $74.00 Remove Pian A - Per Da $15.00 Remove Plan B - Per Da $10.00 Remove 1 week 7:30am - 5:30pm) NA $72.00 New 1 week 7:30am - 5:30pm) Late Registration NA $82.00 New 1 week 9:OOam - 3:00pm) NA $52.00 New 1 week 9:OOam - 3:00pm) Late Registration NA $62.00 New ACTIVITY GUIDE CLASSES -Pump It Up NA $30.00 New "Hunter Education NA $10.00 New "*Adult Dance ie ballroom, swing, salsa NA $20.00 New Golf Lessons Adult/Youth NA $48.00 New "Horseshoes Adult/Youth NA $5.00 New "Football Cam(Youth) NA $79.00 New "Rafting NA $59.00 New "Tennis NA $22.00 New "Tennis Team NA 0.001 New "Arts & Crafts(Youth) NA $ 0.00 New "Adult Gardening NA $10.00 New "Jump & Jive(Youth) NA $47.00 New "Tram oline/Tumblin NA $55.00 New "Adult Painting (Watercolor, acrylic) NA $35.00 New Pumpkin Carvin NA $15.00 New "Scra bookin (Beginning Album Makin NA $5.00 New ""Scra bookin Power Sort NA $15.00 New "Scra bookin Mini Album For Youth NA $12.00 New "Creative Writing NA $50.00 New "Indoor Soccer NA $50.00 New "*Archery NA $30.00 New ACTIVITY GUIDE ADS Back Cover Full color NA $400.00 New Full Pae NA $320.00 New 1/2 Pae NA $160.00 New 1/4 Pae NA $80.00 New 1/8 Pae NA $40.00 New Special Events "*Boise Hawks Fun Day NA $5.50 New ""Indicates 80/20 Contractors. These fees were set by the organization/vendor who provides the service. i April 14, 2006 MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT ITEM NO. S -M REQUEST Resolution — Public Works Fee Changes AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: I SANITARY SERVICE COMPANY l CENTRAL DISTRICT HEALTH: 6 0 NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: n �Q(d IDAHO POWER: U' US WEST: ` INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented of public meetings shall become properly of the City of Meridian. • CITY OF MERIDIAN BY THE CITY COUNCIL: • RESOLUTION NO. BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION RATIFYING THE CITY COUNCIL'S APPROVAL OF PUBLIC WORKS FEE SCHEDULE FOR WATER METERS AND APPURTENANCES, AND WATER SYSTEM ITEMIZED DAMAGE FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 11, 2006, the City Council of the City of Meridian, held a hearing on the adoption of the updated Public Works Fee Schedule for water meters and appurtenances, and water system itemized damage fees as shown by Attachment "A" and incorporated herein by reference; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said updated Public Works Fee Schedule; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the updated Public Works Fee Schedule for water meters and appurtenances, and water system itemized damage fees is hereby adopted. A copy of the fee schedule is attached as Attachment "A". Section 2. That the Director of Public Works is hereby authorized to implement and carry out the collection of said fees. Section 3. That this Resolution shall be in full force and effect on the l day of ALAI , 2006 upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho /$ day of <''/V� 12006. APPROVED by the Mayor of the City of Meridian, Idaho, this A day of 2006. A , e �; t 4 15e, WILLIAM G. BERG, JR. PER MAY 77, PUBLIC WORKS FEE SCHEDULE FOR WATER° S%XKD APPURTENANCES, AND WATER SYSTEM ITEMIZED DAMAGE FEES - 1 of I de WEERD MN 9 Attachment "A" 2006 City of Meridian Public Works Department Fee Update April 2006 Summary of Proposed Fee Updates Water New Construction (1) Required on some commercial projects when developer's engineer/architect specifies a larger meter setter than the meter that is initially required. For example, a 2 -inch setter is specified and a 2 -inch meter will be used when the project is built -out. However, only a 1 1/2 —inch meter is initially needed, requiring the adaptor kit that the Water Division presently pays for. (2) Recovers cost of radio read transmitter unit on all new meters set. (3) Recovers full cost of a single MXU unit in situations where two meters cannot share a single meter vault. MXU units for most residential serve two meters serving two houses. Water System Repair Fees (Ord. 9-1-12.E) Damage — Item Repaired Ordinance Section Existing Fee Proposed Fee Percent Change 1 Meter Adapter Kit 9-1-12 $80 $80 0% (2) Meter MXU Transmitter 9-1-12 $85 $85 0% (3) Meter MXU for 1- inch & lar er meters 9-1-12 $85 $144 69% Meters rices do not include MXU transmitter $183.41 $183.00 3/ inch meter 9-1-12 $165 $146 -13.0% 1 inch meter 9-1-12 $220 $183 -20.2% 1 'h inch meter 9-1-12 $420 $399 -5.3% 2 inch meter 9-1-12 $550 $542 -1.5% 3 inch meter 9-1-12 None $1,058 NA 4 inch turbo meter 9-1-12 $2,100 $2,052 -2.3% 4 inch compound 9-1-12 $3,000 $2,884 -4.0% Pressurized Irrigation Assessment for Secondary Connection 9-1-12,28 $664 $449 -32% (1) Required on some commercial projects when developer's engineer/architect specifies a larger meter setter than the meter that is initially required. For example, a 2 -inch setter is specified and a 2 -inch meter will be used when the project is built -out. However, only a 1 1/2 —inch meter is initially needed, requiring the adaptor kit that the Water Division presently pays for. (2) Recovers cost of radio read transmitter unit on all new meters set. (3) Recovers full cost of a single MXU unit in situations where two meters cannot share a single meter vault. MXU units for most residential serve two meters serving two houses. Water System Repair Fees (Ord. 9-1-12.E) Damage — Item Repaired Existing Fee Proposed Fee Percent Change 5/8 and 3/ inch angle valves $14.66 $15.00 2.3% Meter heads $71.59 $72.00 0.6% 5/8 x % inch meter $119.25 $119.00 -0.2% % inch meter $147.98 $146.00 -1.3% 1 inch meter $183.41 $183.00 -0.2% 1 % inch meter $385.92 $399.00 3.4% 2006 City of Meridian Public Works Department Fee Update (April 2006) Page 1 of 2 2 inch meter $538.11 $542.00 0.7% 3 inch meter $1041.90 $1,058.00 1.5% 4 inch turbo meter $2124.01 $2,052.00 -3.4% 4 inch compound $2985.00 $2,884.00 -3.4% Padlock $4.35 $4.35 0.0% X43 meter lid $105.60 $93.00 -11.9% Hydrant Meter None $1,049.00 NA 2 inch meter valve None $79.00 NA Swivel Adaptor None $91.00 NA 1 % to 2 inch Adaptor None $80.00 NA 384 Freeze Plates None $6.11 NA Single Port MXU None $129.00 NA Dual Port MXU None $150.00 NA Touch Coupler Extension Cable None $16.00 NA Truck Fee(per tri $25 $25 0.0% Equipment (backhoe or dump truck), per hour $25 $25 0.0% Other Miscellaneous Fees (Ord. 9-1-14) Item Existinq Fee Proposed Fee Percent Change Meter Lockout of Illegal Tum -On $50.00 $50.00 0% Hourly Charge, Service Call $35.00 $35.00 0% Meter Reinstall Fee (does not include actual meter $20.00 $20.00 0% Hydrant Meter, Daily Rental $2.50 $2.50 0%cl Engineering/Development Services QA/QC Plan Review Fee Applies to all subdivision projects and commercial projects with public water or sewer mains. Subdivisions 0 to 50 building lots: $100 51 to 100 building lots: $175 More than 100 building lots: $250 Commercial $50 per project 2006 City of Meridian Public Works Department Fee Update (April 2006) Page 2 of 2 April 14, 2006 MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT ITEM NO. S -N REQUEST First Addendum to Contract to Commission an Artwork between Sculptures by BJH, LLC and the City of Meridian AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: 19 MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. i FIRST ADDENDUM TO CONTRACT TO COMMISSON AN ARTWORK THIS ADDENDUM provides additional terms to that certain Agreement executed in January, 2006 between Sculptures by BJH LLC (hereinafter referred to as the "Artist'), located at 3175 N. Ten Mile Road, Meridian, ID 83642-5307 (208) 887-9632 and the City of Meridian (hereinafter referred to as the "Purchaser"), located at 33 East Idaho Avenue, Meridian ID, 83642. WHEREAS, the January, 2006 agreement commissioned the fabrication of the artwork to be placed upon a separately constructed base; and, WHEREAS, the parties anticipated the commissioning of the "WELCOME" sign to be affixed to the base as depicted in Exhibit "A" attached hereto; and, WHEREAS, the parties did not include the commissioning of the "WELCOME" sign in the January, 2006 agreement because the additional work was separately and details about its design were required. WHEREAS, the parties wish to have the creation of this additional work of art governed by the mutual obligations, covenants, and conditions contained in the January, 2006 agreement. NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable considerations, the parties hereto agree this FIRST ADDENDUM as follows: Additional Design and Price. The Artist hereby agrees to reproduce the design for the "WELCOME" portion of the base of the Meridian Gateway sculpture and fabricate the Additional Work as depicted in Exhibit "A" attached hereto and incorporated herein. The Additional Work shall be made of stainless steel with the letters to be boxed using the font specified by the project architect. The letters are to be one foot high fabricated with a rectangular sheet of stainless steel for a background with attachments for separately -provided internal lighting. The letters are to be powder -coated black and the background is to be natural finished polished stainless steel. The Purchase Price for the Additional Work commissioned by this First Addendum shall be Three Thousand Five Hundred Dollars ($3,500.00). The above listed price does not include lighting, installation, or the foundation into which it is to be mounted (such as a rock, dirt, or masonry foundation). The price does include the proper mount needed within the sculpture to allow the piece to be installed. FIRST ADDENDUM TO AGREEMENT TO COMD'IISSION AN ARTWORK ALL OTHER TERMS AND CONDITIONS OF THE JANUARY, 2006 AGREEMENT REMAIN THE SAME. IN WITNESS WHEREOF, the parties hereto have signed this Addendum on this " day of April, 2006. Purchaser: City of Meridian Sculptures by BJH LLC FIRST ADDENDUM TO AGREEMENT TO COMMISSION AN ARTWORK 2 Mayor T e Weerd , , „'„ ,qa4,; s • . Attest: ® '71 - City Clerk Artist: Sculptures by BJH LLC FIRST ADDENDUM TO AGREEMENT TO COMMISSION AN ARTWORK 2 April 14, 2006 MERIDIAN CITY COUNCIL MEETING April 19, 2006 APPLICANT ITEM NO. S -O REQUEST Original Pump Station Operation and Maintenance Agreement for Chateau Park with Nampa & Meridian Irrigation District AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Emailed: JTaTr mmais: Materials presented at public meetings shall become property of the Clay of Meridian. Phone: RINGERT CLARK HARTERED LAWYERS March 2, 2006 Elroy Huff Parks Superintendent City of Meridian 11 W. Bower St. Meridian, ID 83642 Re: Chateau Park Dear Mr. Huff: Laura E. BUM Jeffrey R. Christenson David P. Claiborne D. Blair Clark S. Bryce Farris Jon C. Gould David Hammerquist Charles L. Honsinger James P. Kaufman Jennifer Reid Mahoney James G. Reid Daniel V. Steenson William F. Ringen, of Counsel Allyn L. Sweeney of Counsel Samuel Kaufman (1921-1986) APR 13 2106 City Of Meridian City Clerk Office Enclosed please find the original Pump Station Operation and Maintenance Agreement for Chateau Park. This Agreement has been prepared to include Chateau Park in the pressurized irrigation system pump station owned by Nampa & Meridian Irrigation District. If the Agreement is acceptable, please present the Agreement to the appropriate parties so that it may be approved by the City of Meridian. Please let me know if you have any questions or comments pertaining to the enclosed Agreement. Sincerely, Laura E. Bum LEB/el Enc. Cc: Donna Moore John Anderson MAR p 32006 455 South Third Street ♦ P.O. Box 2773 ♦ Boise, Idaho 83701 ♦ 208/342-4591 FAX 342-4657 d�9 CITY OF IDAHO F•ce �� SER CKs TREASURE V �11�Y &INCE 7903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579/fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6844 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 895-9551 - Building 660 E. Watertower Lane Suite 150 887-2211/fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N.W. 8th Street 888-5242/fax 884-1159 April 21, 2006 Nampa & Meridian Irrigation District 1503 1St Street South Nampa, Idaho 83651 RE: Pump Station Operation and Maintenance Agreement for Chateau Park Dear Nampa & Meridian, Enclosed please find the above document ready for your signature. Please return the original to my office after signing, and we will return a completed copy to you after recording. Please contact our office if you have any concerns. Sincerely, fi-7 Sharon Smith Senior Deputy City Clerk City of Meridian cc: file CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper PUMP STATION OPERATION AND MAINTENANCE AGREEMENT FOR CHATEAU PARK 1. DEFINITION. In this Agreement certain words appear which have the following meaning: "Owner" or "Owners" means the City of Meridian, a municipal corporation, the owner of the land to which irrigation water will be distributed by the urban irrigation system that is the subject of this Agreement. "Agreement" means this written and signed Agreement (contract) entered into between the Owner and Nampa & Meridian Irrigation District. "Subject Property" means the real property specifically described in Paragraph 2 below which is approximately 6.7 acres and is known as Chateau Park. "NMID" means Nampa & Meridian Irrigation District. 2. PROPERTY COVERED BY THIS AGREEMENT. This Agreement is intended for the benefit of the Subject Property which is more particularly described in Exhibit A attached hereto and incorporated herein by reference. 3. PUMP STATION. The pump station to serve the Subject Property is located in Devlin Place Subdivision No. 1. 4. PUMP CAPACITY. In the event the capacity of the pump station or facilities owned by NMID are not sufficient for delivery of pressurized irrigation water to the Subject Property, as PUMP STATION OPERATION AND MAINTENANCE AGREEMENT - PAGE 1 0 well as all other properties served by the pump station at the date of this Agreement, Owner agrees to install, at its own expense, additional pump(s) or facilities reasonably necessary to adequately serve the Subject Property and the other properties served by the pump station. Such additional pumps or facilities must be installed with the prior notice and approval of the Water Superintendent of NMID. 5. OWNERSHIP OF DISTRIBUTION SYSTEM. Owner intends to construct own, operate, maintain, repair and replace the pressurized irrigation distribution system which will be located within the Subject Property. NMID shall own, operate, maintain, repair and replace the pump station, pumps, electrical panels and related fixtures, together with the mainlines, distribution lines, connections, valves and fittings, that distribute irrigation water from the pump station to the connection point at the boundary of the Subject Property. The system owned by NMID does not include any pipelines, connections, valves or fittings installed within the Subject Property to distribute irrigation water. The work to connect the Subject Property to the pressurized irrigation distribution system shall be done to the satisfaction of the Water Superintendent of NMID with his prior consent and approval. 6. IRRIGATION WATER. NMID will provide irrigation water to the pump station during the regular irrigation season. The irrigation water to be provided to the Subject Property shall be in the amount and in accordance with the water rights of the Subject Property. Owner will then be responsible for distribution of the irrigation water in its own distribution system within the Subject Property. 7. OPERATION AND MAINTENANCE; AGREEMENT FORASSESSMENT FOR OPERATION AND MAINTENANCE. Owner agrees that NMID may levy and collect annual assessments against the Subject Property to defray the cost and expense of the operation, maintenance, repair and replacement of the pump station and distribution lines owned by NMID to the Subject Property. If additional land other than the Subject Property is served by the pump station, such costs will also be levied and assessed against each tract of land served by the pump station and irrigation system owned by NMID to defray the cost and expense of such operation, maintenance, repair or replacement by NMID. The Board of Directors of NMID shall apportion to each tract of land a portion of the cost of operation, maintenance, repair and replacement of PUMP STATION OPERATION AND MAINTENANCE AGREEMENT - Page 2 this irrigation system, on the basis of the ratio between the acreage in that property and the total acreage in all properties served by the pump station and distribution lines. 8. WATER QUALITY. Neither Owner or its successors and assigns shall make any cross -connection or tie in or allow a cross -connection to exist between pipes or conduits carrying domestic water supplied by any public or private water service system, and any pipes, conduits or fixtures containing or carrying any used water, irrigation water, or any water or substance from any other source whatsoever, without prior approval of NMID. 9. NO LIABILITY FOR LACK OF WATER. The parties acknowledge that the availability of irrigation water is not always reliable. Irrigation water may not be available due to drought, harsh weather conditions, governmental actions or other causes. District shall have the right to shut off the irrigation water supply to the Subject Property or any part thereof, at any time, without notice, for repairs or any other maintenance and operation procedures, including but not limited to the end of the irrigation season. District shall have no liability whatsoever to Owner, a tenant or others for any damages to, or loss of lawns, landscaping or the like caused from shutting off the irrigation water supply or for lack of water. 10. SUPPLEMENTAL WATER. Supplemental water (water provided both before and after the regular irrigation season) may be provided to the Subject Property by the City of Meridian. The City of Meridian will not charge NMID for any of the costs associated with the City of Meridian providing supplemental water to the Subject Property. 11. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter of this Agreement. 12. GOVERNING LAW. This Agreement shall be construed under, and governed by, the laws of the State of Idaho. 13. BINDING EFFECT. This Agreement shall bind the parties hereto and their respective heirs, personal representatives, successors and assigns. PUMP STATION OPERATION AND MAINTENANCE AGREEMENT - Page 3 17J 0 IN WITNESS WHEREOF, the parties have hereunto caused their names to be subscribed this day of By=rig City Clerk ATTEST: THE CITY OF MERIDIAN 'Tam d Weerd, Mayor - 1 1 _ 1, a9 `'`N. P &,MERIDIAN IRRIGATION DISTRICT LIZ PUMP STATION OPERATION AND MAINTENANCE AGREEMENT - Page 4 • 0 STATE OF IDAHO ) ss: COUNTY OF Ada ) On this ,' % � `day of A;?vJt , 2006, before me, the undersigned, a notary public in and for said state, personally appeared TAMMY DE WEERD and --4'1 , Mayor and City Clerk of the City of Meridian, know to me to the Mayor and City Clerk of the City of Meridian that executed the foregoing 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 in this certificate first above written. STATE OF IDAHO ) ) ss: COUNTY OF CANYON ) Notary Public for the State of Idaho Residing at �W"�a(_ �1��y� , Idaho My commission expires: On this day of Notary Public in and for said State, personally appeared 2006, before me, the undersigned, a and known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at , Idaho My Commission Expires: PUMP STATION OPERATION AND MAINTENANCE AGREEMENT - PAGE 5 • OHATEAT J Ttzat ce M,tuzicipal park owned and opera by PAJRK.the City of Meridian more particularly described as follows: Lot 1 in Block 14 of SU'NNYBROOK FARMS NO. 4, according to the Official Flat thereof, filed in Book 53 of Plats at Fage(s) 4682 - 4683, records of Ada County, Idaho. Said parcel contains 2.1 acres, more or less. M All that cerWn real property situated in Section 2, UN., R. 1W., B.M., Ada County, Idaho, described as follows: A portion of the W I/2 of the E sh of the SW 1/4 as shown on Record of Surrey No. 3916 filed as Instrument No. 9704743.2 dated June 16, 1997, of Ada County Records fi=her described as follows: Commencing at a found Brass Cap Monument marking the SW corner of Section 2 from which a found Brass Cap Monument rnarldng the 1/4 comer of Sections 2 and I I .bears South 88°38'31" East, 2,653.49 feet; Thence South 88°38'31" East 1,326.75 feet to a set 5/8 -inch iron pin with cap stamped "G -k Lee, PE/LS 3260", marling the W 1/16 comer and the Southeast corner of Sunburst Subdivision No. 2 as filled in Book 60 of Plats, page 5844, Ada County Records; Thence along the West 1116 line and East boundary line of said Sunburst Subdivision No. 2 and the East boundary line of Sunburst Subdivision No. 4 as filed in Book 62 of Plats,.page 621.7, Ada County Records, and the Past boundary line of Kent Field Manor as filed in Book 68 of Plats, page 6913, Alda County Records, North 00°1.7'24" East, 2,144.15 feet to a found '/a -inch iron pin with cap stamped "LS 493 1 " on the North right-of-way of West Chateau Drive, marldng the Southwest comer of Parcel 3 and the REAL POINT OF BEGINNING; Thence continuing along said iffiest 1/16 line and said East boundary line of Vent Field Manor North 00°17'24° East, 511.98 feet to a found 5/8 inch iron pin with cap stamped "LS 4931" marking the CW ill 6 comer and the Northwest comer of said Parcel 3; Thence along the 1/4 Section line South 89012'32" East, 414.67 feet to a set 5/8 -inch iron pin with cap stamped "GA- Lee, PE/LS 3260" marking the Northwest corner of Sunny Brook Farms No. 4 as filed Book 53 of Plats, page 4682, Ada County Records, and the Northeast coater of Parcel 3; Thence along the West boundary line of said Sunny Brook Farms No. 4, South 00017'24" West, 469.23 feet to found r/2 -inch iron pini with noEXt-firrr f 4� I 'i I , 0 cap on the North right-of-way of West Chateau Drive marldng the Southeast comer of said Parcel 3; Thence South 88°34' l5" West, 100.00 feet. to set 5/8 -inch iron pin with cap stamped "G. A. Lee, PE/LS 3260"; Thence North 89°9:236" West, 106.37 feet to•a set 5/8 -inch iron pin with cap stamped -G. A., Lee, PE/LS 3260' Thence along a tangent curve to the left with delta 19059'16", radius 330.00 feet, tangent length 58.15 feet, arc length 115.12 feet and chord bearing South 80017146" West, 114.54 feet to a set 5/8 -inch iron pin with cap stamped "G. A., Lee PEILS 3260" and marldng a point of reverse curvature; Thence along said reverse curve with delta 20140'29", radius 270.00 feet, tangent length 49.25 feet, arc length 97.43 feet, and chord bearing South 80°38'23" West 96.90 feet to found '/--inch iron pin with cap stamped "LS 4931." marking the Southwest corner of said Parcel 3 and REAL POINT OF BEGINNING; Said parcel contains 4.60 acres, more or less. SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. 0 April 14, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST United Water Certificated Area Agreement 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: pe 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: • April 18, 2006 ITEM NO. S -P Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall 09come property*of the City of Meridian. Memo Page 1 of 1 Tara Green From: Len Grady Sent: Thursday, April 13, 2006 5:22 PM To: Tara Green Cc: Brad Watson (watsonb@meridiancity.org); Clint Doisby Subject: Consent Agenda Item - Sony I'm Late Attachments: Meddlan Stipulation, v4.doc; Cert Proposed.pdf City of Meridian Public Works Dept. Memo Ta William Berg, Jr. Frowns Lenard Grady CCs Brad Watson Dates 4/13/2006 Re Proposed Agenda Items for April 18, 2006 City Council Meeting RE"GEN-711V City of Doer dian City Clerk Office The Public Works Department respectfully requests the following item(s) be placed on the April 18 City Council consent agenda: United Water Certificated Area Agreement Attached is an agreement with United Water. This agreement was discussed at the April 11 City Council meeting. Recommended Council Action: The Public Works Department recommends that City Council approve United Water Agreement adjusting United Water's proposed Certificated Area 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. 4/14/2006 Dean J. Miller (ISB No. 1968) MCDEVITT & MILLER LLP 420 West Bannock Street P.O. Box 2564-83701 Boise, Idaho 83702 Tel: 208-343-7500 Fax: 208-336-6912 i oe(u,mcdevitt-miller.com Attorneys for United Water Idaho, Inc. BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF ) CASE NO. UWI-W-05-04 UNITED WATER IDAHO INC., TO AMEND ) AND REVISE CERTIFICATE OF ) STIPULATION BETWEEN CONVENIENCE AND NECESSITY NO. 143 UNITED WATER IDAHO AND THE CITY OF MERIDIAN This Stipulation is made by and between United Water Idaho Inc., ("United Water") and the City of Meridian Idaho ("Meridian") an Idaho municipal corporation, (collectively, the "Parties"). RECITALS On or about October 21, 2005 United Water filed an Application with the Commission seeking to add seven (7) separate areas to its certificated service territory. In the Application, the areas were denominated as: 1.) Cloverdale Road; 2.) Eagle & McMillan; 3.) Hidden Springs/Cartwright Ranch; 4.) LDS Church at Eagle Road; 5.) LDS Church at Linder Road; 6.) Lexington Meadows Subdivision; and 7.) Iron Horse. STIPULATION BETWEEN UNITED WATER IDAHO AND THE CITY OF MERIDIAN - 1 The seven areas were depicted on Exhibit A to the Application. A revised copy of Exhibit A is attached hereto. 2. On or about December 1, 2005 Meridian filed with the Commission a Protest. 3. On or about December 30, 2005 the Commission issued Order No. 29941 authorizing United Water to amend its certificate to include the areas denominated as Hidden Springs/Cartwright Ranch and Lexington Meadows, as these areas were not contested. 4. Since that time representatives of United Water and Meridian have met on several occasions to negotiate a mutually acceptable resolution with respect to the remaining areas. As a result of those negotiations United Water and Meridian have reached and agreement, set forth below, with respect to the amendment of United Water's certificate of convenience and necessity. STIPULATION 1. The areas denominated in the Application as Iron Horse, LDS Church and Linder and Cloverdale may be included in United Water's service territory as requested in the Application. 2. With respect to the area denominated as Eagle & McMillan, the boundary of this expansion shall be re -drawn so that it does not overlap with the boundary of Meridian's area of city impact. A revised description of the Eagle & McMillan expansion is attached as Exhibit B. 3. United Water's request for expansion into the area denominated as LDS Church at Eagle is hereby withdrawn. STIPULATION BETWEEN UNITED WATER IDAHO AND THE CITY OF MERIDIAN - 2 4. United Water further requests that a portion of the area previously added to its service territory in Order No. 29785, known as the Blackrock Area, be deleted from certificate No. 143 such that the western boundary of United Water's certificated area is upon a North—South line as depicted on Revised Exhibit A. The area being withdrawn is described in Exhibit C attached hereto. United Water is not presently providing service to any customers within this area. 5. The area depicted on Exhibit A as "Lake Hazel/Columbia" may be added to United Water's certificate No. 143. This area a described in Exhibit D attached hereto. 6. The Parties submit this Stipulation to the Commission and recommend approval in its entirety pursuant to RP 274. Parties shall support this Stipulation before the Commission, and no Party shall appeal a Commission Order approving the Stipulation or an issue resolved by the Stipulation. If this Stipulation is challenged by any person not a party to the Stipulation, the Parties to this Stipulation reserve the right to file testimony, cross-examine witnesses and put on such case as they deem appropriate to respond fully to the issues presented, including the right to raise issues that are incorporated in the settlements embodied in this Stipulation. Notwithstanding this reservation of rights, the Parties to this Stipulation agree that they will continue to support the Commission's adoption of the terms of this Stipulation. 7. If the Commission rejects any part or all of this Stipulation, or imposes any additional material conditions on approval of this Stipulation, each Party reserves the right, upon written notice to the Commission and the other Parties to this STIPULATION BETWEEN UNITED WATER IDAHO AND THE CITY OF MERIDIAN - 3 0 • proceeding, within 14 days of the date of such action by the Commission, to withdraw from this Stipulation. In such case, no Party shall be bound or prejudiced by the terms of this Stipulation, and each Party shall be entitled to seek reconsideration of the Commission's order, file testimony as it chooses, cross- examine witnesses, and do all other things necessary to put on such case as it deems appropriate. In such case, the Parties immediately will request the prompt convening of a prehearing conference for purposes of establishing a procedural schedule for the completion of the case. The Parties agree to cooperate in development of a schedule that concludes the proceeding on the earliest possible date, taking into account the needs of the Parties in participating in hearings and preparing briefs. 8. The Parties agree that this Stipulation is in the public interest and that all of its terms and conditions are fair, just and reasonable. DATED this Charles L. Honsinger RINGERT CLARK CHTD. day of April, 2006. Dean J. Miller MCDEVITT & MILLER LLP STIPULATION BETWEEN UNITED WATER IDAHO AND THE CITY OF MERIDIAN - 4 EXHIBIT B Description for Eagle Road and McMillan. Parcels of land being: all of the Northeast 1/4 of the Northeast 1/4; all of the Northeast 1/4 of the Northwest 1/4 of the Northeast 1/4; all of the East 1/2 of the Southeast 1/4 of the Northeast 1/4; all of the Northeast 1/4 of the Northeast 1/4 of the Southeast 1/4; (continued on following page) and all of the East 1/2 of the Northwest 1/4 of the Northeast 1/4 of the Southeast 1/4; all in Section 32, Township 4 North, Range 1 East, Boise Meridian; Ada County, Idaho. EXHIBIT C Description for Black Rock Adjustment Area. A parcel of land being all of the East 1/2 of Section 33; Township 3 North, Range 1 East, Boise Meridian; Ada County, Idaho. EXHIBIT D Description for Lake Hazel/Columbia A parcel of land being all of the East 1/2 of Section 4, Township 2 North, Range 1 East, Boise Meridian; Ada County, Idaho. April 14, 2006 MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT ITEM NO. S -Q REQUEST Memorandum of Understanding between the City of Meridian and the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. r- ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 7 BOISE IDAHO OM1106 01:62 PRNDEPUTY Ronnie I RECORDED—REQUESTOFg Meridian Cly 106073888 This sheet has been added to the document to accommodate recording information. Memorandum of Understanding between the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter -Day Saints and The City of Meridian Regarding construction of off-site water lines and intent to seek annexation Approved by the Meridian City Council on April 18, 2006. 0 MEMORANDUM OF UNDERSTANDING BETWEEN CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS AND THE CITY OF MERIDIAN, IDAHO THIS MEMORANDUM OF UNDERSTANDING is made and entered into this day of April, 2006, by and between Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints, a Utah corporation sole (CPB), and The City of Meridian, Idaho (City), to establish a mutual understanding of the duties and responsibilities pertaining to the hookup to City's sewer and water system outside city limits at the "Property" (as defined below). WHEREAS, CPB is the sole owner, in law and/or in equity, of a certain tract of land in the County of Ada, State of Idaho, generally depicted in Exhibit A and legally described in Exhibit B, (hereinafter referred to as the Property); and WHEREAS, Idaho Code § 60-323 provides and empowers cities to establish, create, develop, maintain and operate Sewer/Water systems; and and WHEREAS, City operates and maintains and develops a Sewer/Water system; WHEREAS, City has enacted an ordinance governing its Sewer/Water system codified in Meridian City Code § 9-4-26 and 9-1-16; and WHEREAS, CPB is the owner of the Property, which is presently located outside of the city limits of City; and WHEREAS, CPB is desirous of obtaining connection to the Sewer/Water to serve the Property, ' and City is willing to provide that connection to the Sewer/Water service to CPB, subject to the terms and conditions and consideration of this agreement, and it is specifically agreed that as a specific consideration of City's willingness to enter into this agreement that City's Ordinance and Policy/Regulations which govern its Sewer/Water system be included as terms and conditions of this agreement and that CPB consent to annexation of the Property Into City; 1 of 6 0 i NOW, THEREFORE, the parties hereby agree as follows: Water CPB will extend a 12" water main south along Eagle Road from City's water system at the Blackrock development. CPB will also construct a 10" water line from the Blackrock booster station to the 12" main on Eagle Road. The design will include valves connecting the lines so that the north end of the new 12" main can be closed to the 10" line and opened to the existing 12" main on Eagle Road in the future. CPB will obtain a 20' x 30' easement adjacent to the right-of-way along the water main extension at a location suitable (at the bottom of the hill) for a pressure -reducing valve (PRV) station. Design of the 12" water main will include valves and 12" stubs to the edge of right-of-way at the PRV location to enable installation of a PRV in the future. A steel casing will be installed across Eagle Road at the PRV location to enable future service by a 12" line. CPR's costs associated with the extension of the 12" water main will be reimbursed according to the Meridian City Code. The cost of the 10" water line from the Blackrock booster station to the 12" main may be eligible for reimbursement if it proves to be a benefit to the City. City agrees to work cooperatively with CPB to resolve this issue. City agrees to pay for the valves, pipes, and casing that are installed to enable the installation of a PRV and service across Eagle Road. Inspection City will inspect construction of all utilities to ensure that they meet City specifications. CPB will pay for all overtime which may be reasonably required for this service. 2of6 Annexation At such time as the Property becomes legally eligible for annexation into the City, CPB or by any successor or successors agree to give consent to annexation, to pay the annexation application fee, apply for annexation, and diligently pursue annexation into the City. Agreement to Negotiate to Final Agreement The parties contemplate that further negotiations will take place regarding the subject matter of this agreement and that the parties will execute a more detailed final development agreement containing additional details and provisions. IN WITNESS WHEREOF, the parties do execute this Memorandum of Understanding as of the day and year first above written. CPB CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a Utah corporatkn sole By CITY OF MERIDIAN, IDAHO By: '"— Tam a Weerd, Mayor Attest: William Berg, Jr., tyyFe_6 3 of 6 ,�trtttin::,� r 41r -rte .iiti 0 0 STATE OF IDAHO, ) ss. County of Ada, ) On this �/�day of ,2006, before me, the undersicned, a Notary Public In and for th State of Idaho. Dersonaliv aooeared John Koudelke, known or identified to me to be a Project Manager of the Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints who executed this instrument on behalf of said Limited Liability Corporation 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 first above written. SEAL ,&JAC. � �OTAp y -r- iii..,_ OF STATE OF IDAHO, ) : ss. County of Ada, ) On this day of�L' 2006, before me, the undersigned, a Nota Public in and for the State of Idaho, personally appeared Tamm de Weegrd 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 4of6 %O-A otaPu Iic for Idaho + Residng at: • $ My commission Expires: jo- /s-- 1( r r� A Exhibit A — Waterline Extension 5 of 6 11 Exhibit B — CPB Properly Legal Description A portion of the Northeast 1/4, of the Northeast 1/4 of Section 5, Township 2 North, Range 1 East of the Boise Meridian described as follows: Commencing at the Northeast comer of Section 5, Township 2 North, Range 1 East of the Boise Meridian and running thence South 585.38 feet along the East line of said section to the POINT OF BEGINNING; thence West 908.00 feet; thence South 480.00 feet; thence East 908.00 feet to said East line; thence North 480.00 feet to the point of beginning. Parcel contains 10.00 acres and is subject to County Road right-of-way along the East side. 6of6 Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer Ax— CC: xCC: File REG- -- -��yi�� i . CA Y OF MERUINi� ! Date: 4/13/06 Re: Proposed Agenda Item for April 18, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the April 18 City Council agenda, under Public Works Reports, for Council's consideration: Memorandum of Understanding (MOU) between the City of Meridian and the Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints CPB CPB desires to build a Church on their property which is located on the west side of Eagle Road about 600 feet south of Lake Hazel Road. CPB had originally applied to United Water for water service as United Water was attempting to expand the certificated area. The City protested this action and United Water has since withdrawn this effort. CPB therefore desires to serve this property with City Water and Sewer and intends to pursue annexation into the City when it is appropriate. Since water and sewer are not yet available this far south, this MOU addresses construction of a 12" water main on Eagle Road and a 10" water line from the Blackrock Booster Station by CPB and reimbursement of costs of this construction by the City. Recommended Council Action: The Public Works Department recommends that City Council entertains discussion on this item including a brief presentation from Public Works and decide whether or not to approve the MOU for signature by the Mayor. CPB's representative will be available to respond to any questions / concerns. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 1 MEMORANDUM OF UNDERSTANDING BETWEEN CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS AND THE CITY OF MERIDIAN, IDAHO THIS MEMORANDUM OF UNDERSTANDING is made and entered into this day of April, 2006, by and between Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints, a Utah corporation sole (CPB), and The City of Meridian, Idaho (City), to establish a mutual understanding of the duties and responsibilities pertaining to the hookup to City's sewer and water system outside city limits at the "Property" (as defined below). WHEREAS, CPB is the sole owner, in law and/or in equity, of a certain tract of land in the County of Ada, State of Idaho, generally depicted in Exhibit A and legally described in Exhibit B, (hereinafter referred to as the Property); and WHEREAS, Idaho Code § 50-323 provides and empowers cities to establish, create, develop, maintain and operate Sewer/Water systems; and WHEREAS, City operates and maintains and develops a Sewer/Water system; and WHEREAS, City has enacted an ordinance governing its SewerM/ater system codified in Meridian City Code § 9-4-26 and 9-1-16; and WHEREAS, CPB is the owner of the Property, which is presently located outside of the city limits of City; and WHEREAS, CPB is desirous of obtaining connection to the Sewer/Water to serve the Property, and City is willing to provide that connection to the Sewer/Water service to CPB, subject to the terms and conditions and consideration of this agreement, and it is specifically agreed that as a specific consideration of City's willingness to enter into this agreement that City's Ordinance and Policy/Regulations which govern its Sewer/Water system be included as terms and conditions of this agreement and that CPB consent to annexation of the Property into City; 1 of 6 0 • NOW, THEREFORE, the parties hereby agree as follows: Water CPB will extend a 12" water main south along Eagle Road from City's water system at the Blackrock development. CPB will also construct a 10" water line from the Blackrock booster station to the 12" main on Eagle Road. The design will include valves connecting the lines so that the north end of the new 12" main can be closed to the 10" line and opened to the existing 12" main on Eagle Road in the future. CPB will obtain a 20' x 30' easement adjacent to the right-of-way along the water main extension at a location suitable (at the bottom of the hill) for a pressure -reducing valve (PRV) station. Design of the 12" water main will include valves and 12" stubs to the edge of right-of-way at the PRV location to enable installation of a PRV in the future. A steel casing will be installed across Eagle Road at the PRV location to enable future service by a 12" line. CPB's costs associated with the extension of the 12" water main will be reimbursed according to the Meridian City Code. The cost of the 10" water line from the Blackrock booster station to the 12" main may be eligible for reimbursement if it proves to be a benefit to the City. City agrees to work cooperatively with CPB to resolve this issue. City agrees to pay for the valves, pipes, and casing that are installed to enable the installation of a PRV and service across Eagle Road. Inspection City will inspect construction of all utilities to ensure that they meet City specifications. CPB will pay for all overtime which may be reasonably required for this service. 2 of 6 0 • Annexation At such time as the Property becomes legally eligible for annexation into the City, CPB or by any successor or successors agree to give consent to annexation, to pay the annexation application fee, apply for annexation, and diligently pursue annexation into the City. Agreement to Negotiate to Final Agreement The parties contemplate that further negotiations will take place regarding the subject matter of this agreement and that the parties will execute a more detailed final development agreement containing additional details and provisions. IN WITNESS WHEREOF, the parties do execute this Memorandum of Understanding as of the day and year first above written. CPB CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a Utah corporation sole M John Koudelka, Project Manager CITY OF MERIDIAN, IDAHO 0 Attest: 3 of 6 Tammy de Weerd, Mayor William 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 John Koudelka, known or identified to me to be a Project Manager of the Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints who executed this instrument on behalf of said Limited Liability Corporation 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 first above written. SEAL Notary Public for Idaho Residing at: My commission Expires: 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. Notary Public for Idaho Residing at: My commission Expires: 4of6 i 0 Exhibit A — Waterline Extension 5 of 6 0 • Exhibit B — CPB Property Legal Description A portion of the Northeast 1/4, of the Northeast 1/4 of Section 5, Township 2 North, Range 1 East of the Boise Meridian described as follows: Commencing at the Northeast comer of Section 5, Township 2 North, Range 1 East of the Boise Meridian and running thence South 585.38 Feet along the East line of said section to the POINT OF BEGINNING; thence West 908.00 feet; thence South 480.00 feet; thence East 908.00 feet to said East line; thence North 480.00 feet to the point of beginning. Parcel contains 10.00 acres and is subject to County Road right-of-way along the East side. 6 of 6 April 14, 2006 MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT ITEM NO. S -R REQUEST Approve Beer, Wine, and Liquor License Renewals 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 Initi(]IS: Materials presented at public meetings shall become properhr of the City of Meridian. COMMENTS See attached me� i 9 Beer, Wine & Liquor License Renewals for Approval by City Council on April 18, 2006 Business Address Type of License Applebee's Neighborhood Grill 1460 N. Eagle Road Bill N Lynn's Place 229 W. Franklin Road Harvest Buffet 48 E. Fairview Avenue JB's Restaurant Lakeview Golf Club Maverick Country Store Maverick Country Store Meridian Bowling Lanes Muggsy's Sports Bar Pier 49 Pizza Pier 49 Pizza Ram Restaurant Round Table Pizza. Sidelines Sports Bar Tobacco Connection Top Shelf LLC Vina Restaurant Wal-Mart Stores, Inc. Winco Foods #48 Updated 4-14-07 1565 S. Meridian Road 4200 W. Talamore 1605 W. Cherry Lane 1540 E. Overland Road 324 S. Meridian Road 501 S. Main Street 1551 W. Cherry Lane #102 3665 E. Overland Road 3272 E. Pine Avenue 499 S. Main Street 1767 W. Franklin Road Ste. 180 450 S. Meridian Road 127 E. Idaho Avenue 1534 N. Main Street 4051 E. Fairview Avenue 1050 S. Progress Avenue Beer & Liquor Beer & Liquor Beer & Wine Beer & Wine Beer & Liquor Beer & Wine Beer & Wine Beer & Liquor Beer & Liquor Beer Beer Beer & Liquor Beer & Wine Beer & Wine Beer & Wine Beer & Liquor Beer Beer & Wine Beer & Wine Ll April 14, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT Parks Department - Doug Strong / Elroy Huff _ ITEM NO. 6-A-1 REQUEST Discussion of Cost Estimate and Concept Plan for Meridian Settler's Village Square 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 vvto ,4P r4 1, %0 Contacted: Date: See attached Phone: Emailed: Staff Ini§31S: Materials presented at public meetings shall become properly► of the City of Meridian. �J Memo To: Mayor and City Council CC: Will Berg From: Doug Strong, Director kottl Date: April 11, 2006 Re: Meridian Settler's Village Square L APR 12 2006 Lily of -Meridian 7 ity Clerk office During the August 10, 2005 Parks and Recreation Commission meeting the commission approved the preliminary drawing for the proposed Village Square located in the SE comer of Meridian Settler's Park. After a presentation by John Bracken, representing The Land Group on September 13, 2005 during pre -council meeting, council recommended staff to bring back the costs supporting the site development consisting of earthwork, storm water drainage, buildings, landscaping and etc. Staff would like this item to be placed on the April 18, 2006 City Council agenda under Department Report. Staff is requesting council approval of the concept plan t:) proceed with site development planning. The supporting documentation is attached including site development cost estimates as of December 28, 2005 and the site plan layout map. Page 1 0 0 Meridian Settler's W1Ilage Square _�_ 00006 Total Area = Site Development - Cost Estimate ITEMS QUANITY UNITS UNIT COS •$0.00 SITE CLEARING / DEAMOL rnal Mix, Demo 1 EA $5,000.00 $5,000.00 EARTHWORK $0.00 REMOVE / STOCKPILE TOPSOILISUBSOILS 6,773 CY $250 $16,932.50 ROUGH GRADE 182,870 SF $0.10 $18,287.00 LANDSCAPE TOPSOIL AND PLACED 141,900 SF $3.00 $425,700.00 BUILDING PAD - 3/4' CRUSHED GRAVEL 26,600 SF $1.10 $29,260.00 FOOTING EXCVT. / BACKFILL 850 LF $12.00 $10,200.00 CONCRETE PAVING - 4' FLAT WORK 52,480 SF $3.00 $157,440.00 GRASS PAVE 825 SF $8.00 $6,600.00 STORM WATER DRAINAGE SEEPAGE BEDS 450 CY $20.00 $9,000.00 CATCHBASINS 13 EA $2,500.00 $32,500.00 12' PIPE 150 LF $18.00 $2,700.00 8' PIPE 500 LF $14.00 $7,000.00 PIPE 400 LF $1200 $4,800.00 4' PIPE 1,000 LF $10.00 $10,000.00 CONCRETE PAVERS 17,470 SF $9.50 $165,965.00 CONCRETE BANDING 1,050 LF $7.50 $7,875.00 FLAG POLE 3 EA $3,500.00 10,500.00 CONCRETE SEAT WALLS 5,860 LF $80.00 800.00 BENCHES 27 EA $1,200.00 $32,400.00 TRASH RECEPTACLES 20 EA $500.00 $10,000.00 PICNIC TABLES 4 EA $800.00 $3,200.00 SIGNS 20 EA $65.00 $1,300.00 BIKE RACKS 4 EA $1,000.00 $4,000.00 FOUNTAIN 1 EA $8,000.00 $8 000.00 TENNIS COURTS 8 EA $5,000.00 $40,00D.00 HORSE SHOE COURTS 16 EA $1,000.00 $16,000.00 GAZEBO 600 SF $60.00 $36,000.00 MAINTENANCE BUILDING 2,100 SF $100.00 $210,000.00 HISTORY CENTER & COMMUNITY BUILDING 20,000 SF $115.00 $2,300,000.00 PICNIC SHELTER 800 SF $65.00 $52,000.00 COVERED BREEZEWAY & CURVED ARBORS 3,105 SF $20.00 $62,100.00 ENTRY ARCHWAY & CLOCK TOWER 1 EA $20,000.00 $20,000.00 6'4r C.L. FENCING 280 LF $13.00 $3,640.00 10'-0' C.L FENCING 1,824 LF $22.00 0,128.00 3'-0' C.L. GATES 16 EA $400.00 $6,400.00 UTILITIES SANITARY SEWER 410 LF $20.00 $8,200.00 MANHOLES 3 EA $1,500.00 $4,500.00 WATER LINES 675 LF $25.00 $16,875.00 FIRE HYDRANT 2 EA $2,000.00 $4,000.00 ELECTRICAL- UNDERGROUND 350 LF $50.00 $17,500.00 ELEC. SERVICE DISTRIBUTION 1 EA $10,000.00 $10,000.00 ELEC. WIRING DISTRIBUTION 1 EA $25,000.00 $25,000.00 TRANSFORMERS 2 EA $5,000.00 $10,000.00 LANDSCAPE $0.00 2'TREES 107 EA $300.00 $32,100.00 SHRUBS BEDS 9,100 SF $3.00 $27,300.00 TURF SOD 132,800 SF $0.50 $66,400.00 MULCH 85 CY $40.00 $3,400.00 IRRIGATION 141,900 SF $0.50 $70 950.00 $0.00 Nate: Not Including off-site improvements, fighting, utilities, permits, mobilization and play equipment. SUB -TOTAL Woo $4,529,952.50 10% CONTINGENCIES ,99525 I TOTAL $4,982,947.75 Ivaazo MAM 9 • avaa �a .......................................... 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I i - ae Bio E Cos �, o_o_o_000 000�000 o 0 i I MAIN ENTRY_ ALC ri /. ■■minim■■■■on: ENTRY ARCHWAY o WITH CLOCK THE LAND GROUP UNTICK ROAD TOWER •Landseuye AitAiletnee 1.� � fwi! £ngvwem,g -sae rrm.n� •cod cen...e r..ym;�n e: enyin..+ins •nine e�,n.�a<.emn 462 Eest Shore Dma: sub 106 Ln 89616 O li) Phyte (208)639L041 1 Fmc (208)0394446 CD rrneeaWirc•aom N 1 co Pj-om 0®IWe W m �6r Z SCALE: 1"=40'-m � Z SITE PLAN J W L1.0 a April 14, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT Parks Department - Doug Strong / Elroy Huff ITEM NO. 6-A-2 REQUEST Impact Fee Request for Completion of Season's Park Pump House 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 it iv See attached �b Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. Memo To: Mayor / City Council Cc: Will Berg From: Doug Strong 6,1 je&hA Date: April 13, 2006 Re: Season's Park Pump House OCEIVE0 APR 13 2006 City of Clerk OffaLe City The Parks Staff is requesting approval of impact fees for the completion of Season's Park Pump House in the amount of $80,005.18. The department has been working with Nampa Meridian Irrigation District since August 2005 to work out an irrigation system that would help water the park efficiently. We are working on partnering with Hubble Homes and Nampa Meridian Irrigation District to help with the costs. We would like to complete the pump station so we can run surface water irrigation instead of fresh water. The breakdown of the partnership costs would be as follows: Meridian City Costs $35,640.18 ➢ Hubble Homes Costs $26,365.00 (Reimbursed to the City) > Nampa Meridian Costs $18,000.00 (Reimbursed to the City) TOTAL COSTS UPFRONT $80,005.1 a Elroy Huff will report to the council on this impact fee request for the completion of Season's Park Pump House. Staff is requesting that this item go before the City Council under department reports for discussion at your April 18, 2006 meeting. April 14, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT Parks Department - Doug Strong / Elroy Huff ITEM NO. 6-A-3 REQUEST Discussion of Resolution Establishing the Meridian Parks & Recreation Commission and Adopting the By -Laws of the Meridian Parks & Recreation Commission AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: See attached MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: 6d SR)p SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become properly of the City of Meridian. Memo To: CC: From: Date: Re: i Mayor and City Council Will Berg Doug Strong, Director k#'U, Parks & Recreation Commission Bylaws RECEIVED APR 14 2006 City of Meridian City Clerk Off ice During the April 12, 2006 Parks and Recreation Commission meeting the commission reviewed and discussed the bylaws as presented. The commission made a motion to approve the bylaws and forward to the Mayor and Council for their approval. The Parks Staff is requesting this item be put on the agenda for your April 18, 2006 meeting. Staff Summary of Parks & Recreation Commission Recommendation to City Council and the bylaws, which were presented that evening, are attached. Page 1 STAFF SUMMARY OF PARKS AND RECREATION COMMISSION RECOMMENDATION TO CITY COUNCIL Project Name: - 4 Park: Applicant: %`—/s x A� �sP P&R Commission Meeting Date: Recommendation: / `Iy Summary of Public Hearing: Key Commission Changes to Staff Recommendation: Outstanding Issues for City Council: APPRnV1Zn- 8,. ruce Mac Co , President Revised February 27, 2006 Z4-", Creg St ele, Vice President • • BY-LAWS OF THE MERIDIAN PARKS & RECREATION COMAUSSION ARTICLE I Section 1. NAME OF THE COMMISSION The name of the commission shall be: "MERIDIAN PARKS & RECREATION COMMISSION", hereinafter referred to as the "Commission". Section 2. PRESIDENT and VICE-PRESIDENT These titles are interchangeable whenever they may appear within the Articles of the By -Laws when the titles are used within their respective context. ARTICLE II Section 1. POWERS OF THE COMMISSION In addition to the duties as specified in Meridian City Code § 2-2-3, the Commission shall have the duty to study, propose ordinances for, and comment on all public issues pertaining to Meridian city parks. All such studies, proposed ordinances, and comments shall be forwarded to the Meridian City Council for consideration when making decisions for the city pertaining to parks, park policies, and parks recreation programs. ARTICLE III Section 1. DUTIES OF THE PRESIDENT The President shall: 1) preside at all meetings of the Commission; 2) call special meetings of the Commission in accordance with the Idaho Open Meeting Law; 3) sign documents of the Commission; 4) see that all actions of the Commission are properly taken; and 5) make commission appointments to sub- committees as required. Section 2. DUTIES OF THE VICE-PRESIDENT The Vice -President shall perform the duties of the President in the absence or incapacity of the President, and in the case of the resignation or death of the President, the Vice -President shall perform such duties as are imposed on the President until such time as the Commission shall elect a new President. BY-LAWS OF THE MERIDIAN PARKS & RECREATION COMMISSION - page 1 of 1 Section 3. SUBCOMMITTEES Subcommittees shall be established and appointed by the President to assist the Commission in performance of its function and shall follow all public meeting requirements. Each subcommittee shall consist of at least two (2) Commission members. Citizens and public officials may be appointed to serve as members on the subcommittees by the Commission President, Subcommittee Chairperson, or Mayor. ARTICLE IV Section 1. MEETINGS No meeting shall run longer than three (3) hours unless the Commission members present, through a majority vote, approve that particular meeting to exceed the time limit. Section 2. VOTING Each regularly appointed member shall be entitled to one vote on any matter that may come before the Commission. The vote of the majority of the members present at any meeting attended by a quorum of its members shall be necessary to decide any items. The President of the Commission is a member of the body and has the same rights and privileges as the other members. The President of the Commission may enter into the discussion of items before the Commission and may vote on any item of business to come before the Commission. Section 3. RULES OF ORDER The Commission shall operate under the precepts of Robert's Rules of Order. The order of business for the Commission shall be as follows: A. Call to Order B. Roll Call C. Agenda Approval, Minutes D. Unfinished Business, New Business E. Reports, Presentations, Subcommittee Reports, Staff Reports F. Next Meetings' Agenda, Adjournment BY-LAWS OF THE MERIDIAN PARKS & RECREATION COMMISSION - page 2 of 2 April 14, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT Police Department — Bill Musser ITEM NO. 6-B-1 REQUEST update on Current Hiring Challenges and Change to Current MPD Hiring Policy to Drop Requirement for Intermediate Certification to Basic Certification 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 Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. is Tara Green From: Bill Musser Sent: Wednesday, April 12, 2006 4:00 PM To: Tara Green Subject: RE: Draft Agenda for 4/18 C/C Meeting Attachments: Hiring Revision 406.doc Tara, 0 Page 1 of 1 I would like a department report on the agenda for the Police Department. The discussion is for an update on our current hiring challenges and a change to the current MPD hiring policy to drop the requirement for an Intermediate Certification to that of a Basic certification. See attachment for the policy section and change. Thanks, Bill M. From: Tara Green Sent: Wednesday, April 12, 2006 9:14 AM To: (kanee@meridiancity.org); (watterss@meridiancity.org); Anna Canning (canninga@meridiancity.org); Barb Shiffer (E-mail); Bill Musser (E-mail); Bill Nary (E-mail); Brad Watson (E-mail); Bruce Freckleton (E-mail); Craig Hood (E-mail); Diane Stewart (E-mail); Doug Strong (E-mail); Elroy Huff (E-mail); Jessica Johnson (E-mail); Joe Borton (jwborton@foleyfneeman.com); Joe Guenther (E-mail); Josh Wilson (E-mail); Karie Glenn (E-mail); Kenny Bowers (E-mail); Kristy Vigil (E-mail); Len Grady (E-mail); Machelle Hill (E-mail); Michelle Albertson (E-mail); Reta Cunningham (E-mail); Rick Clinton (E-mail); Ron Anderson (andersor@meridiancity.org); Shaun Wardle (shaunwardle@yahoo.com); smiths@meridiancity.org; Stacy Kilchenmann (E-mail); Steve Siddoway (E-mail); Tammy de Weerd (deweerdt@meridiancity.org); Ted Baird (E-mail); Will Berg (E-mail) Subject: Draft Agenda for 4/18 C/C Meeting Comments / Additions / Recommendations? Deadline is Thursday 4-13-06 at 5:00 p.m. Thanks and have a great day!!! Tara Green Deputy City Clerk City of Meridian City Clerk's Office 208-8884433 Ext. 210 4/14/2006 MERIDIAN POLICE DEPARTMENT (DRAFT) 2-1-6 HIRING AND RECUITMENT. (see proposed change on page 3 at 2-1-6 D. p.) It shall be the goal of the City of Meridian and the Meridian Police Department to hire the most qualified persons to serve as its police officers. In addition to the City of Meridian standards we shall follow the standards for hiring that are promulgated by the State of Idaho Peace Officer Standards and Training Council, and all other pertinent state and federal law. A. Recruitment. The Meridian Police Department shall recruit in a manner as to attract the most qualified applicants. This department shall meet all equal opportunity employment guidelines and established procedures on police recruitment. The department shall also be governed by and adhere to the City of Meridian recruitment requirements. Additionally, the department will make its recruitment and application process available to all qualified persons and is nondiscriminatory in the application of its recruitment policy. B. Meridian Police Department Actions. 1. All elements of any selection process for personnel will be administered, scored, evaluated and interpreted in a common and uniform manner. 2. Candidates for sworn positions determined to be ineligible for hire as a police officer will be notified in writing. 3. Only trained investigators will conduct background investigations. Background investigations will be professional and complete. 4. Failing a polygraph may not in and of itself be a disqualifier. 5. Failing a Computer Voice Stress Analysis may not in and of itself be a disqualifier. 6. No member of the Meridian Police Department shall attempt to interpret the results of a psychological or medical evaluation without consultation with the selected professional. C. Procedures. Pre -offer testing and investigations 1. Appropriate testing for initial consideration 2. Criminal History 3. Physical fitness testing 4. Oral interview. 5. Completion of the additional background information sheets. 6. Complete background investigation consisting of at least: a. Criminal History; b. Driving Record; c. Verification of previous employment and history; d. Verification of personal references; e. Verification of educational qualifications; f. Verification of all details listed by the applicant in the background investigation package; Draft Change 4/18/06 Page 1 of 3 MERIDLAN POLICE DEPARTMENT (DRAFT) g. Verification of the details of the background investigation by polygraph examination. (11/04) h. Psychological assessment will be conducted on all applicants for a sworn position after a contingent offer of employment is tendered. The assessment is to further verify the information obtained in the background investigation and polygraph as well as providing for a personality inventory as it relates to the position of police officer. 7. Truth verifications testing, if applicable. a. Polygraph and computer voice stress analysis (CVSA) examinations are required as a further validation of the information obtained in the background investigation. Polygraphs will be conducted on all applicants for sworn positions having moved to that step in the hiring process. CVSA will be completed on all applicants for non -sworn positions having moved to that step in the hiring process. (10/04) Post -offer of employment testing. 1. Medical physical examinations and evaluation 2. Drug screening 3. Psychological testing. D. Standards. a. Must be a citizen of the United States. b. Must have a high school education or equivalent. c. Not less than two years of responsible work experience following high school graduation. d. No criminal conviction for any felony, and certain misdemeanors convictions shall disqualify. e. Must have a valid drivers license. f. Must be of good moral character, and successfully undergo a thorough background investigation. g. Must be able to pass the P.O.S.T. required physical fitness test for sworn positions. h. Each applicant must successfully pass a truth verification test as administered by the department. i. Each applicant must pass the psychological testing process for sworn positions. j. Each applicant must pass the appropriate initial test given by the department. k. Those accepted that are not presently P.O.S.T. certified or certifiable must attend and pass the Idaho P.O.S.T. academy. 1. All applicants hired must successfully complete the department's field- training program. Draft Change 4/18/06 Page 2 of 3 MERIDPOLICE DEPARTMENT (s DRAFT) in. Each new member must successfully complete a one-year probationary period. n. Each applicant must possess a basic ability to operate computers. o. Each applicant must meet all other requirements of the Minimum Standards for Employment of the P.O.S.T. rules and regulations. Must have 60 academic college credits or an_ ediate-basic certificate from POST.' E. Disqualifiers. 1. Documented abuse of sick leave with previous employers. 2. Proven allegations or admissions of domestic violence, whether criminally charged or not (striking or battering a wife, domestic partner, or someone with whom the applicant has children in common). (10/04) 3. Allegations of moral turpitude (sexual deviancy, sexual encounters with underage persons, voyeurism, indecent exposure, etc. 4. Lying on the application, background information or failing to complete the form. 5. Stealing or theft from present or past employers. 6. Documented disciplinary problems, of a serious nature, with previous employers. 7. Documented history of continued financial difficulty within the last five years. 8. Elicit use of drugs. i. Anyone who has on any occasion illegally manufactured or delivered a controlled substance, as defined by Section 37- 2701, of the Idaho Code. ii. Who has illegally used any controlled substances defined in the Uniform Controlled Substances Act, Article H including but not limited to amphetamines, methamphetamine, cocaine, anabolic steroids, hallucinogens (including LSD), opiates or other narcotics within a five (5) year period immediately preceding application to the Meridian Police Department. (10/04) Draft Change 4/18/06 Page 3 of 3 April 14, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT Public Works Department - Len Grady ITEM NO. 6-C-1 REQUEST Public Works Zip Code Addition for the City of Meridian AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See attached Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • Memo To: Will Berg; Tara Green From: Vicki Heugly, Dept. Specialist CC: Len Grady, City Engineer • RECEIVED APR 0 7 2006 City Of Meridian City Clerk Office Date: 4/7/06 Re: Proposed Staff Report Item for April 11, 2006 City Council Meeting The Public Works Department respectfully requests the following item be placed on the April 11 City Council agenda, under Staff Reports, for Council's information: The Meridian Postmaster has advised the Public Works Dept. of the upcoming addition of a second Zip Code for the City of Meridian, effective July 1, 2006. Those being affected by the change will receive their first notification of the change by means of a letter being distributed on April 12. The new Zip Code of 83646 will apply to properties north of Fairview/Chevy to Chinden Blvd., with the exception of those that have a Fairview or Chevy Ln address These will retain their existing Zip Code of 83642, as will properties south of Fairview/Cheng. I have attached the letter and map that will be going out to the public. Thank you. Please contact me if you have any questions regarding any of these items. 0 Page 1 . . � � . Af . . H 7-T q _ tipIrTl 2 k � � k � � R 22k22© � � 0■��R m � �■©�2 ff��f -6-m w Lu C',o POSTAL CUSTOMER MERIDIAN ID 83642 RE: NEW ZIP CODE Because of growth in the Meridian Post Office delivery area, it has become necessary to assign an additional ZIP Code for Meridian. Your ZIP Code will be affected by this need. Effective July I" 2006, your ZIP Code will change to 83646. All other elements of your address will remain the same. On the reverse side ppf this letter is a list of businesses you may v)pnt to contact regarding this ZIP Code change. Please notify these correspondents as appropriate, as well as other correspondents of your new ZIP Code. You do not need to submit a change of address card to the Meridian (Post Office. Meridian residents currently using ZIP Code 83642 and living within the area will switch to 83648. -- That area is bounded by Fairview/Cheng Lane on the south. Customers with a Fairview/Cherry Lane address will remain in 83642, while all customers north of Fairview/Cherry Lane to Chinden Boulevard will change to the new ZIP Code. (See attached map.) This is an informational letter only. Please do not start notifying your correspondents of this change until June. That will allow enough time for your correspondents to change the 23P Code for the July a effective date. The Postal Service will recognize both ZIP Codes for your First Class, Periodicals and Package Services Mail for one year. After that time, all correspondents should use your new ZIP Code of 83646. If you have any questions, please contact me at 208-887-1620. Sincerely, IcharL Buttram d stmaster 1200 N. Main St Meridian ID 83642-9998 1200 N tiMw Sr S ID B3W-9M 20&W--1620 • 0 April 14, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT Planning Department — Anna Canning ITEM NO. 6-D-1 REQUEST Budget or Line Item Amendment for Planning Department 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: Dote: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. mZ m n rn o y�y i- 'e 50O A O 1 n M N p Op NNA G O ��AOOOO m r3� D l0�1 Z m Q w A�i y v rq;rq c p!3 :E � O m m Ao m m Q' �O r� o c � m c On rn 0 3 � O m 1 � Q C: v m v m m� m~ X m �p m � �9 Q m CL � 3 v� m m rn v► vi Qz ire rn a m I AM c m 4A Im�w z g 0 0 o ° �r y�y i- A A A A O 1 n M N p Op NNA G O ��AOOOO m (p er (p ad m l0�1 Z W e A�i y 0 S c p!3 :E O 5SQ C* Ao m m Q' r� o c � c 3 0 3 � m 1 � m m~ X m m � Q CL � 3 m m rn v► vi is ire a m AM c m 4A Im�w a> an 0 CL o'U y�y i- A A A A A A� 1 n M N p Op NNA G O ��AOOOO y (per N (p er (p ad m l0�1 Z W c p!3 :E m�cgm Ao ai c = 3 0 � � O m m~ X m � Q CL � m �n rn v► vi is 3� c a> an o wz o ° AmO s mZ a ZEq SL i►o�� �mI'D�o.° mcgg C.Rp �. p p n O I O m p C_ a m e a e m cp v C4a m m m 47 m m = cmo W cu m tl.p Smm=an 3 mmm 18"S a�sm3IS1Qa o= mm _ ro ;. 3 m � a �m CD 0 m9c ���amm 2—'8 gm ZL A8 i JR gr,- m m_ ,� m g m ENE - o ,' m g a g m� Q �n-is ca m = c 3 -?OrCL m 9?m a°�, 3 mmv m o FL m agw m z v m ego 0 0 P. s z C4 C� M+� J 0 April 14, 2006 E MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT ITEM NO. S REQUEST Pretermination Hearing for Rozann & Douglas Anderson, 52 Rose Circle 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 Date: 4 k ®(P Phone: 25'9 Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 April 11, 2006 City Councilmen L� �f,JECEIVEV), APR 1 12006 LIf Y OF MERIDIANI Dear Sir, The reasons that we haven't been able to keep up with our water bill, are My husband's checks are being garnished, my husband as been missing work because of his herniated disk in his back. We have a water leak that we haven't been able to get fixed. We have our 22 months old grandson living with us. I have medical condition that keeps me from working. Payments will be resumed on Monday April 24, 2006 in the amount of $50.00 Sincerely Rozann and Douglas Anderson �kzCk �ec 6 CITY OF MERIDIAN SERVICE ORDER �COF Created By. JC SERVICE ORDER # 83160 Date: 04/10/2006 Customer Information: Account No: 307410261 Customer Name: ANDERSON, DOUGLAS Mailing Address: ROZANN ANDERSON 52 ROSE CL City, State, Zip: MERIDIAN ID 83642 Service Information: Info Code: OFFICE REQUEST TURN OFF Location: 52 ROSE CL Due Date: 04/11/2006 Assigned To: OPERATOF Title Company: Old Meter Information: Meter No: 13353403 Size: 5/8 Meter Reading: 449 New Meter Information: Meter No: Size: Meter Reading: Mfg # Special Instructions: PLEASE TURN OFF. CUSTOMER DID NOT KEEP ARRANGEMENT TO PAY $50.00 ON 4/7/08. Contact Occupant Y or N Operator Comments: Left Door Hanger Y or N Service Person Signature Date Completed 10 • • f e MY OF j PAYMENT ARRANGEMENT AGREEMENT This is a Payment Agreement between the City of Meridian and Name: L Service Address: 15 <;k, 'R cO s 2. Cl Q:A e . MERIDIAN UTHM BnJ ING 33 EAST IDAHO AVENUE MERIDIAN, ID 83642-2631 (208) 888-4439 Account #: W: -f4_(( Cc . � Phone #15t -- - (p C4S-a I wish to have an extension for the payment of my water bill. I understand and further acknowledge that non-compliance may result in the disconnection of my Utility Services without further notice. This includes Water, Sewer, and Garbage. Failure to keep these arrangements will result in No Future Arrangements with the City of Meridian. ARRANGEMENTS Amount To Be Paid po-�d $ S0 $ 00 $ 5"0 - $ Date To Be Paid c3/ ad L Notes: _ 1 1 �r�n2d �.c 9 Sim, m �'�'LGI� �X�, U-)DokA nPPA 'hP eN ^4 4-*%^ L n..._ 1 . _ .. t 1 1 -- +0 Cart- -1 n f, `jan Sr hedu i eUri �-jl Cy tre,.,,Pl J Customer Signature: Billing Dept. Signatui Date of Arrangement. Past Due Amount Billing Date Past Due Amount Billie Date TOTAL AMOUNT OF ARRANGEMENT: $ Revised 7/4/04 9 CITY OF MERIDIAN O D SERVICE ORDER Created By. JN SERVICE ORDER # WMI) Date: 04/11/2006 Customer Information: Account No: 307410261 Customer Name: ANDERSON, DOUGLAS Mailing Address: ROZANN ANDERSON 52 ROSE CL City, State, Zip: MERIDIAN ID 83642 Service Information: Info Code: OFFICE REQUEST TURN ON Location: 52 ROSE CL Due Date: 04111/2006 Assigned To: OPERATOI Title Company; Old Meter Information: Meter No: 13353403 Size: 5/8 Meter Reading: 448 New Meter Information T Meter No: Size: Meter Reading: Mfg # Special Instructions: WE REQUESTED A TURN-OFF FOR BROKEN ARRANGEMENT, SO 83160, BUT CUSTOMER CAME IN AND REQUESTED A PRE -TERMINATION HEARING, SO UNTIL THE COUNCIL DECIDES ON THIS, PLEASE TURN THE WATER ON ASAP Contact Occupant Y or N Left Door Hanger Y or N Operator Comments: Service Person Signature Date Completed CaseUe Ap... Utility 61111... 1 Utility Bill... inbox - mi. , 11 t15 Ai ti Service Or. Utility 0141 ®CaseUe Sc... Tues1a3 CITY OF MERIDIAN Customer History - Account by Name Report Date(s): 01/01/2005 to 04/20/2006 APR 18 2006 Page: 1 Apr 18, 2006 11:58am Report Criteria: City Of !Meridian Water Current Rate Customer.Cust No = 307410261 City Clerk Office Period Read Date Meter Id Beg Read End Read Usage Demand Muliplier Amount Status 30.74.1026.1 ANDERSON, DOUGLAS 12/22/2004 13353403 52 ROSE CL 212 16,000 .0000 Account Summary: 19.16 02/05/2005 01/25/2005 13353403 212 230 18,000 .0000 1000.0000 21.12 Water 02/18/2005 Sewer Garb Toter Tax RetCk 1000.0000 16.22 Period 03/21/2005 TnOn Dump 261 18,000 .0000 Billings Adj Payments Oth Balance 12/31/2004 13353403 261 282 21,000 .0000 1000.0000 24.80 2.38 01/05/2005 19.16 48.55 10.15 2.41 .14 80.41 - 82.77 02/05/2005 21.12 54.11 10.15 2.41 .14 - 87.93 74.50- 96.20 03/05/2005 16.22 40.21 10.15 2.41 .14 - - 69.13 98.20- 69.13 04/05/2005 21.77 55.86 10.15 2.41 .14 - - - 90.33 - 159.46 05/05/2005 24.80 49.40 10.15 2.41 .14 - 30.00 - 116.90 70.00- 206.36 06/05/2005 18.74 47.25 10.15 2.41 .14 - - - 78.69 89.46- 195.59 07/05/2005 21.77 49.40 10.15 2.41 .14 - - 83.87 117.00- 162.46 08/05/2005 22.78 49.40 10.75 2.41 .12 - - 85.46 78.59- 169.33 09/05/2005 13.69 32.90 10.75 2.41 .12 - - 59.87 169.33- 59.87 10/05/2005 16.72 41.51 10.75 2.41 .12 - - - 71.51 - 131.38 11/05/2005 20.76 49.40 10.95 2.41 .14 - 30.00 - 113.66 - 245.04 12/05/2005 17.73 44.38 10.95 2.60 .14 - - - 75.80 100.00- 220.84 01/05/2006 19.75 50.12 10.95 2.46 .14 - - - 83.42 - 304.26 02/05/2006 21.77 55.86 10.95 2.46 .14 - 30.00 - 121.18 221.00- 204.44 03/05/2006 17.73 44.38 10.95 2.46 .14 - 30.00 - 105.66 108.26- 201.84 04/05/2006 16.72 41.51 10.95 2.46 .14 - - - 71.78 50.00- 223.62 05/05/2006 - - - - - - - - 223.62 Totals: 311.23 754.24 169.00 38.95 2.18 - 120.00 - 1,395.60 1,174.34 - Metered Services: Water Current Rate Table: 101 Water Period Read Date Meter Id Beg Read End Read Usage Demand Muliplier Amount Status 01/05/2005 12/22/2004 13353403 196 212 16,000 .0000 1000.0000 19.16 02/05/2005 01/25/2005 13353403 212 230 18,000 .0000 1000.0000 21.12 03/05/2005 02/18/2005 13353403 230 243 13,000 .0000 1000.0000 16.22 04/05/2005 03/21/2005 13353403 243 261 18,000 .0000 1000.0000 21.77 05/05/2005 04/25/2005 13353403 261 282 21,000 .0000 1000.0000 24.80 0 . CITY OF MERIDIAN Customer History - Account by Name Page: 2 Report Date(s): 01/01/2005 to 04/20/2006 Apr 18, 2006 11:58am 30.74.1026.1 ANDERSON, DOUGLAS 52 ROSE CL (Continued) Period Read Date Meter Id Beg Read End Read Usage Demand Muliplier Amount Status 06/05/2005 05/20/2005 13353403 282 297 15,000 .0000 1000.0000 18.74 07/05/2005 06/24/2005 13353403 297 315 18,000 .0000 1000.0000 21.77 08/05/2005 07/22/2005 13353403 315 334 19,000 .0000 1000.0000 22.78 09/05/2005 08/24/2005 13353403 334 344 10,000 .0000 1000.0000 13.69 10/05/2005 09/23/2005 13353403 344 357 13,000 .0000 1000.0000 16.72 11/05/2005 10/25/2005 13353403 357 374 17,000 .0000 1000.0000 20.76 12/05/2005 11/22/2005 13353403 374 388 14,000 .0000 1000.0000 17.73 01/05/2006 12/22/2005 13353403 388 404 16,000 .0000 1000.0000 19.75 02/05/2006 01/27/2006 13353403 404 422 18,000 .0000 1000.0000 21.77 03/05/2006 02/24/2006 13353403 422 436 14,000 .0000 1000.0000 17.73 04/05/2006 03/20/2006 13353403 436 449 13,000 .0000 1000.0000 16.72 05/05/2006 04/05/2006 13353403 449 04/05/2006 13,000 41.51 05/05/2006 .00 253,000 311.23 Non -metered Services: 01/05/2005 Current Rate Table: Sewer Current Rate Table: 301 Sewer -residential Period Usage Amount Status Period Usage Amount Status 01/05/2005 0 .00 01/05/2005 16,000 48.55 02/05/2005 0 .00 02/05/2005 18,000 54.11 03/05/2005 0 .00 03/05/2005 13,000 40.21 04/05/2005 0 .00 04/05/2005 18,000 55.86 05/05/2005 0 .00 05/05/2005 15,750 49.40 06/05/2005 0 .00 06/05/2005 15,000 47.25 07/05/2005 0 .00 07/05/2005 15,750 49.40 08/05/2005 0 .00 08/05/2005 15,750 49.40 09/05/2005 0 .00 09/05/2005 10,000 32.90 10/05/2005 0 .00 10/05/2005 13,000 41.51 11/05/2005 0 .00 11/05/2005 15,750 49.40 12/05/2005 0 .00 12/05/2005 14,000 44.38 01/05/2006 0 .00 01/05/2006 16,000 50.12 02/05/2006 0 .00 02/05/2006 18,000 55.86 03/05/2006 0 .00 03/05/2006 14,000 44.38 04/05/2006 0 .00 04/05/2006 13,000 41.51 05/05/2006 0 .00 05/05/2006 0 .00 0 .00 241,000 754.24 Garb Current Rate Table: 501 Garbage 10.95 RES Toter Current Rate Table: 701 TOTERS Period Usage Amount Status Period Usage Amount Status 01/05/2005 0 10.15 01/05/2005 0 2.41 02/05/2005 0 10.15 02/05/2005 0 2.41 03/05/2005 0 10.15 03/05/2005 0 2.41 04/05/2005 0 10.15 04/05/2005 0 2.41 05/05/2005 0 10.15 05/05/2005 0 2.41 06/05/2005 0 10.15 06/05/2005 0 2.41 07/05/2005 0 10.15 07/05/2005 0 2.41 08/05/2005 0 10.75 08/05/2005 0 2.41 09/05/2005 0 10.75 09/05/2005 0 2.41 CITY OF MERIDIAN Customer History -Account by Name Page: 3 Report Date(s): 01/01/2005 to 04/20/2006 Apr 18, 2006 11:58am 30.74.1026.1 ANDERSON, DOUGLAS 52 ROSE CL (Continued) Period Usage Amount Status Period Usage Amount Status 10/05/2005 0 10.75 11/05/2005 0 10.95 12/05/2005 0 10.95 01/05/2006 0 10.95 02/05/2006 0 10.95 03/05/2006 0 10.95 04/05/2006 0 10.95 05/05/2006 0 .00 0 169.00 10/05/2005 0 2.41 11/05/2005 0 2.41 12/05/2005 0 2.60 01/05/2006 0 2.46 02/05/2006 0 2.46 03/05/2006 0 2.46 04/05/2006 0 2.46 05/05/2006 0 .00 Tax Current Rate Table: 801 Residential Toter RetCk Period Usage Amount Status Period 01/05/2005 0 .14 01/05/2005 02/05/2005 0 .14 02/05/2005 03/05/2005 0 .14 03/05/2005 04/05/2005 0 .14 04/05/2005 05/05/2005 0 .14 05/05/2005 06/05/2005 0 .14 06/05/2005 07/05/2005 0 .14 07/05/2005 08/05/2005 0 .12 08/05/2005 09/05/2005 0 .12 09/05/2005 10/05/2005 0 .12 10/05/2005 11/05/2005 0 .14 11/05/2005 12/05/2005 0 .14 12/05/2005 01/05/2006 0 .14 01/05/2008 02/05/2006 0 .14 02/05/2006 03/05/2006 0 .14 03/05/2006 04/05/2006 0 .14 04/05/2006 05/05/2006 0 .00 05/05/2006 0 2.18 0 38.95 Current Rate Table: 1101 Returned Check Fee Usage Amount Status 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 TnOn Current Rate Table: 1301 Tumon Fee Dump Current Rate Table: 1501 Dumpster - Misc Period Usage Amount Status Period Usage Amount Status 01/05/2005 0 .00 01/05/2005 0 .00 02/05/2005 0 .00 02/05/2005 0 .00 03/05/2005 0 .00 03/05/2005 0 .00 04/05/2005 0 .00 04/05/2005 0 .00 05/05/2005 0 30.00 05/05/2005 0 .00 06/05/2005 0 .00 06/05/2005 0 .00 07/05/2005 0 .00 07/05/2005 0 .00 08/05/2005 0 .00 08/05/2005 0 .00 09/05/2005 0 .00 09/05/2005 0 .00 10/05/2005 0 .00 10/05/2005 0 .00 11/05/2005 0 30.00 11/05/2005 0 .00 12/05/2005 0 .00 12/05/2005 0 .00 01/05/2006 0 .00 01/05/2006 0 .00 02/05/2006 0 30.00 02/05/2006 0 .00 03/05/2006 0 30.00 03/05/2006 0 .00 CITY OF MERIDIAN Customer History -Account by Name Page: 4 Report Date(s): 01/01/2005 to 04/20/2006 Apr 18, 2006 11:58am 30.74.1026.1 ANDERSON, DOUGLAS 52 ROSE CL (Continued) Period Usage Amount Status Period Usage Amount Status 04/05/2006 0 .00 04/05/2006 0 .00 05/05/2006 0 .00 05/05/2006 0 .00 0 120.00 0 .00 Transaction Detail: Date Type Ref No Service Description Check No Source Id Usage Amount Status 01/05/2005 Bill 16143 Water Utility Reading -12/22/04 16,000 19.16 01/05/2005 BIII 44182 Sewer Auto Billing - 01/05/05 17:43 16,000 48.55 01/05/2005 Bill 44182 Garb Auto Billing - 01/05/05 17:43 0 10.15 01/05/2005 Bill 44182 Toter Auto Billing - 01/05/05 17:43 0 2.41 01/05/2005 Bill 44182 Tax Auto Billing - 01/05/05 17:43 0 .14 01/18/2005 Pmt 473 UTILITY PAYMENT 45763999479 2.306576 0 74.50- 02/05/2005 Bill 14085 Water Utility Reading - 01/25/05 18,000 21.12 02/05/2005 Bill 30412 Sewer Auto Billing - 02/04/05 09:53 18,000 54.11 02/05/2005 Bill 30412 Garb Auto Billing - 02/04/05 09:53 0 10.15 02/05/2005 Bill 30412 Toter Auto Billing - 02/04/05 09:53 0 2.41 02/05/2005 Bill 30412 Tax Auto Billing - 02/04/05 09:53 0 .14 02/15/2005 Pmt 1495 UTILITY PAYMENT 45804315326 2.315750 0 46.20- 02/15/2005 Pmt 1496 UTILITY PAYMENT 45804303578 2.315751 0 50.00- 03/05/2005 Bill 4781 Water Utility Reading - 02/22/05 13,000 16.22 03/05/2005 Bill 13564 Sewer Auto Billing - 02/23/05 14:10 13,000 40.21 03/05/2005 Bill 13554 Garb Auto Billing - 02/23/05 14:10 0 10.15 03/05/2005 Bill 13554 Toter Auto Billing - 02/23/05 14:10 0 2.41 03/05/2005 BIII 13554 Tax Auto Billing - 02/23/05 14:10 0 .14 04/05/2005 Bill 7703 Water Comp Metered - 03/31/05 12:05 18,000 21.77 04/05/2005 Bill 65001 Sewer Auto Billing - 04/05/05 12:30 18,000 55.86 04/05/2005 Bill 65001 Garb Auto Billing - 04/05/05 12:30 0 10.15 04/05/2005 Bill 65001 Toter Auto Billing - 04/05/05 12:30 0 2.41 04/05/2005 Bill 65001 Tax Auto Billing - 04/05/05 12:30 0 .14 04/20/2005 Pmt 1118 UTILITY PAYMENT 6.016236 0 70.00- 05/05/2005 Bill 11044 Water Comp Metered - 05/05/05 15:08 21,000 24.80 05/05/2005 Bill 14524 TnOn Manual Bill - 05/04/05 14:46 0 30.00 05/05/2005 Bill 35499 Sewer Auto Billing - 05/05/05 16:26 15,750 49.40 05/05/2005 Bill 35499 Garb Auto Billing - 05/05/05 16:26 0 10.15 05/05/2005 Bill 35499 Toter Auto Billing - 05/05/05 16:26 0 2.41 05/05/2005 BIII 35499 Tax Auto Billing - 05/05/05 16:26 0 .14 05/23/2005 Pmt 1761 UTILITY PAYMENT 46339241113 2.329725 0 89.46- 06/0512005 Bill 5003 Water Utility Reading - 05/20/05 15,000 18.74 06/05/2005 Bill 34097 Sewer Auto Billing - 06/04/05 11:44 15,000 47.25 06/05/2005 Bill 34097 Garb Auto Billing - 06/04/05 11:44 0 10.15 06/05/2005 Bill 34097 Toter Auto Billing - 06/04/05 11:44 0 2.41 06/05/2005 Bill 34097 Tax Auto Billing - 06/04/05 11:44 0 .14 06/21/2005 Pmt 395 UTILITY PAYMENT 46650262989 2.332990 0 117.00- 07/05/2005 Bill 5594 Water Utility Reading - 06/24/05 18,000 21.77 07/05/2005 Bill 27505 Sewer Auto Billing - 07/05/05 15:02 15,750 49.40 07/05/2005 BIII 27505 Garb Auto Billing - 07/05/05 15:02 0 10.15 07/05/2005 Bill 27505 Toter Auto Billing - 07/05/05 15:02 0 2.41 07/05/2005 Bill 27505 Tax Auto Billing - 07/05/05 15:02 0 .14 07/18/2005 Pmt 48 UTILITY PAYMENT 46800725268 2.335289 0 78.59- 08/05/2005 Bili 7132 Water Utility Reading - 07/22/05 19,000 22.78 08/05/2005 Bill 17775 Sewer Auto Billing - 08/04/05 18:03 15,750 49.40 08/05/2005 Bill 17775 Garb Auto Billing - 08/04/05 18:03 0 10.75 08/05/2005 Bill 17775 Toter Auto Billing - 08/04/05 18:03 0 2.41 0 CITY OF MERIDIAN Customer History - Account by Name Page: 5 Report Date(s): 01/01/2005 to 04/20/2006 Apr 18, 2006 11:58am 30.74.1026.1 ANDERSON, DOUGLAS 52 ROSE CL (Continued) Date Type Ref No Service Description Check No Source Id Usage Amount Status 08/05/2005 Bill 17775 Tax Auto Billing - 08/04/05 18:03 0 .12 08/29/2005 Pmt 9 UTILITY PAYMENT 4681188514 1.053202 0 169.33- 08/29/2005 Pmt 104 Voids Receipt -1.053202 4681188514 1.053251 0 169.33 08/29/2005 Pmt 105 UTILITY PAYMENT 4681188514 1.053252 0 169.33- 08/2912005 Pmt 106 Voids Receipt -1.053252 4681188514 1.053253 0 169.33 08/29/2005 Pmt 107 UTILITY PAYMENT 4681188514 1.053254 0 169.33- 09/05/2005 Bill 6563 Water Utility Reading - 08/24/05 10,000 13.69 09/05/2005 Bill 16441 Sewer Auto Billing - 09/06/05 19:37 10,000 32.90 09/05/2005 Bill 16441 Garb Auto Billing - 09/06/05 19:37 0 10.75 09/05/2005 Bill 16441 Toter Auto Billing - 09/06/05 19:37 0 2.41 09/05/2005 Bill 16441 Tax Auto Billing - 09/08/05 19:37 0 .12 10/05/2005 BIII 5118 Water Utility Reading - 09/23/05 13,000 16.72 10/05/2005 Bill 16555 Sewer Auto Billing -10/05/05 18:26 13,000 41.51 10/05/2005 Bill 16555 Garb Auto Billing -10/05/05 18:26 0 10.75 10/05/2005 BIII 16555 Toter Auto Billing -10/05/05 18:26 0 2.41 10/05/2005 Bill 16555 Tax Auto Billing -10/05/05 18:26 0 .12 11/05/2005 Bill 4963 Water Utility Reading -10/25/05 17,000 20.76 11/05/2005 Bill 16945 Sewer Auto Billing -11/05/05 18:09 15,750 49.40 11/05/2005 Bill 16945 Garb Auto Billing -11/05/05 18:09 0 10.95 11/05/2005 Bill 16945 Toter Auto Billing -11/05/05 18:09 0 2.41 11/05/2005 Bill 16945 Tax Auto Billing -11/05/05 18:09 0 .14 11/05/2005 Bill 16946 TnOn Manual Bill -11/06/05 19:29 0 30.00 11/07/2005 Pmt 51 UTILITY PAYMENT 4719213224 1.055756 0 100.00- 12105/2005 Bill 1 Water Utility Reading -11/22/05 14,000 17.73 12/05/2005 BIII 3 Sewer Auto Billing -12/04/05 17:51 14,000 44.38 12/05/2005 Bill 5 Garb Auto Billing -12/04/05 17:51 0 10.95 12/05/2005 Bill 7 Toter Auto Billing -12/04/05 17:51 0 2.60 12/05/2005 Bill 8 Tax Auto Billing -12/04/05 17:51 0 .14 01/05/2006 Bill 1 Water Utility Reading -12/23/05 16,000 19.75 01/05/2008 Bill 3 Sewer Auto Billing - 01/06/06 09:38 16,000 50.12 01/05/2006 BIII 5 Garb Auto Billing - 01/06/08 09:38 0 10.95 01/05/2006 Bill 7 Toter Auto Billing - 01/06/06 09:38 0 2.46 01/05/2006 BIII 8 Tax Auto Billing - 01/06/06 09:38 0 .14 01/18/2006 Pmt 268 UTILITY PAYMENT 6.022000 0 221.00- 02/05/2006 Bill 1 Water Utility Reading - 01/27/06 18,000 21.77 02/05/2008 Bill 3 Sewer Auto Billing - 02/05/06 16:09 18,000 55.86 02/05/2006 Bill 5 Garb Auto Billing - 02/05/08 16:09 0 10.95 02/05/2006 Bill 7 Toter Auto Billing - 02/05/06 16:09 0 2.46 02/05/2006 Bill 8 Tax Auto Billing - 02/05/06 16:09 0 .14 02/05/2006 BIII 13 TnOn Manual Bill - 02/05/06 21:39 0 30.00 02/15/2006 Pmt 118 UTILITY PAYMENT 1.058441 0 83.26- 02/28/2008 Pmt 1394 UTILITY PAYMENT 1.058681 0 25.00- 03/05/2006 Bill 1 Water Utility Reading - 02/24/06 14,000 17.73 03/05/2006 Bill 3 Sewer Auto Billing - 03/03/06 16:59 14,000 44.38 03/05/2006 Bill 5 Garb Auto Billing - 03/03/06 16:59 0 10.95 03/05/2006 Bili 7 Toter Auto Billing - 03/03/06 16:59 0 2.46 03/05/2006 Bill 8 Tax Auto Billing - 03/03/06 16:59 0 .14 03/05/2006 Bill 13 TnOn Manual Bill - 03/03/06 16:41 0 30.00 03/27/2006 Pmt 4 UTILITY PAYMENT 47770956156 1.059260 0 50.00- 04/05/2006 Bill 1 Water Utility Reading - 03/21/06 13,000 16.72 04/05/2006 Bill 3 Sewer Auto Billing - 04/05/08 14:04 13,000 41.51 04/05/2006 Bill 5 Garb Auto Billing - 04/05/08 14:04 0 10.95 04/05/2006 Bill 7 Toter Auto Billing - 04/05/06 14:04 0 2.46 04/05/2006 Bill 8 Tax Auto Billing - 04/05/06 14:04 0 .14 CITY OF MERIDIAN Customer History - Account by Name Page: 6 Report Date(s): 01/01/2005 to 04/20/2006 Apr 18, 2006 11:58am 30.74.1026.1 ANDERSON, DOUGLAS 52 ROSE CL (Continued) Date Type Ref No Service Description Check No Source Id Usage Amount Status Certification History: Year Date Type Ref No Service Description Amount .00 Customer Notes: 04/17/06 - 02:44 PM — holmanj BILL NARY IS GOING TO CALL THE ANDERSONS AND SEE IF WE CAN WORK WITH THEM ON THIS. 04/11/06 -11:19 AM — naryj GAVE REQUEST AND COPIES OF THE NEEDED INFO TO THE CLERKS OFFICE, SO THAT SHE CAN GET ON THE COUCIL AGENDA FOR NEXT WEEK 04/11/06 -11:07 AM — naryj ROZANN CAME DOWN AND BROUGHT IN A LETTER REQUESTING A PRE-TERMINTATION HEARING. UNTIL THE COUNCIL DECIDES WHAT TO DO ON THIS MATTER, WE REQUESTED A SERVICE ORDER FOR TURN -ON. 04/10/06 - 05:14 PM — holmanj CUSTOMER DID NOT KEEP AGMT TO PAY $50.00 ON 4/7/06. DID S.O. FOR SHUTOFF ON 4/11/06. 03/27/06 - 08:06 AM — holmanj 3/24 ARRANGEMENTS KEPT. 03/14/06 - 05:12 PM — naryj ROZANN ANDERSON CAME IN TODAY AND MADE PAYMENT ARRANGMENTS, TO HELP UNTIL ST. VINCENTS IS ABLE TO ASSIST WITH THE BILL. THE ARRANGMENTS ARE AS FOLLOWS $50.00 3/24 $50.00 4/7 $50.00 4/21 $50.00 5/5 CUSTOMER HOPES TO CONTINUE THIS SCHEDULE THROUGH THE SUMMER. THEY HAVE A BIG LEAK AT THEIR PROPERTY, AND CANNOT AFFORD TO HAVE A PLUMBER, SO HOPEFULL ST VINCENTS WILL HELP WITH THEIR PLUMBING SO THAT THEY WOULD BE ABLE TO STAY CURRENT. PUT CHECK MARK ON ACCT 03/13/06 - 04:04 PM — nicholse A VOLUNTEER FROM ST. VINCENT DE PAUL CALLED. THEY ARE TRYING TO HELP. SHE ASKED FOR THE PAST DUE AMT AND I TOLD HER IT WOULD NEED TO BE PAID BEFORE 2:00 ON THE 21st. 03/13/06 - 03:52 PM — naryj DOUG ANDERSON CALLED. HE WAS WANTING A PYMT ARRANGEMENT. I TOLD HIM THAT WE COULD DO AN ARR. BUT WE NEEDED HIM TO COME INTO OUR OFFICE. HE WILL SEND HIS WIFE TOMORROW IF SHE IS FEELING WELL. WARNED HIM THAT NEXT WEEK IS SHUT-OFF WEEK AND ANY ARRANGMENTS NEED TO BE MADE THIS WEEK TO ENSURE HE WONT BE TURNED OFF. HE IS WANTING TO PAY $50.00 ON 3/24, AND $50.00 EVERY OTHER WEEK UNTIL THEY ARE CAUGHT UP. TOLD HIM THAT WE NEEDED A SIGNATURE. 02/28/06 - 11:53 AM — nicholse ROZANN CAME IN AND PAID $25 LEAVING A BALANCE OF $96.18. 1 TOLD HER THAT NEEDS TO BE PAID BEFORE 2:00 3/21. SHE WROTE IT DOWN AND SAID SHE WILL TELL HER HUSBAND. SHE SAID HER HUSBAND TALKED TO SOMEONE HERE YESTERDAY ABOUT PAYMENTS, BUT THERE ARE NO NOTES. 02/21/06 -10:17 AM — BalderaM ROZANN CALLED THE OFFICE AND STATED THAT SHE WILL PAY THE 50.00 ON 2-27-06 THEN THE REMAINING ON 2-13-06 TOLD HER THE LASTEST WILL BE ON 3-14-06 AT 2:00 PM AND THAT SHE WOULD NOT BE TURNED OFF SHE STATED THAT SHE WOULD PAY BY THEN 02/21/06 - 08:32 AM — holmanj ROSEANN CALLED AND LEFT A MESSAGE THAT SHE WILL NOT BE ABLE TO PAY $121.00. SHE CAN ONLY PAY $50.00 ON 2/27/06. SHE DOESN'T WANT TO BE SHUT OFF. 02/15/06 - 03:20 PM — nicholse TOLD ROZANN THAT THE 121.90 WILL BE DELINQUENT IN MARCH AND THAT IF SHE NEEDS TO MAKE ARRANGEMENTS THEY HAVE TO BE DONE NO LATER THAN MARCH 20TH 02/15/06 -10:56 AM — BalderaM rozann called wanted to know If she could make a payment arrangment told her that i was not able to do that for her we have told her that arrangments needed to be done before shut off 01/18/06 - 03:02 PM — holmanj CUSTOMER FAXED OVER THE SAME MEDICAL CERTIFICATE FROM KYLE PALMERS OFFICE. DOES NOTAPPLY. I EXPLAINED TO HER LAST TIME SHE WAS IN HERE THAT SHE NEEDED TO MAKE PMT ARRANGEMENTS BEFORE SHUTOFF IF SHE NEEDED HELP DUE TO HER MEDICAL CONDITION. IF SHE 0 ! CITY OF MERIDIAN Customer History - Account by Name Page: 7 Report Date(s): 01/01/2005 to 04/20/2006 Apr 18, 2006 11:58am 30.74.1026.1 ANDERSON, DOUGLAS 52 ROSE CL (Continued) CALLS BACK, REFER HER TO ME. 01/18/06 -12:52 PM — naryj IT LOOKS LIKE IN THE PAST WE DID A 1 TIME COURTESY TURN -ON BECAUSE OF A DR'S NOTE. SHE IS HOPING JAYCEE WILL DO THIS AGAIN FOR HER. 01/18/06 -12:51 PM — naryj MRS ANDERSON CALLED WANTING AN ARRANGEMENT. I TOLD HER THAT WE COULDNT TAKE ARRANGEMENT TODAY. I XPLAINED THAT IN ORDER TO HAVE THE WATER TURNED ON WE NEEDED A PAYMENT OF $220.84. SHE SAID THAT SHE WOULD FAX DOCTOR'S NOTE OVER. I TOLD HER THAT I HAD TO FOLLOW CITY CODE AND SHE COULD FILE A COMPLAINT WITH THE CLERKS. ASKED TO SPEAK TO SUPERVISOR, JAYCEE WAS AT LUNCH. MRS ANDERSON SAID SHE WOULD CALL BACK 01/18/06 - 12:30 PM — GrantD MR. ANDERSON CALLED TO SEE IF WE WILL TURN WATER ON IF HE PROMISED TO PAY AMOUNT BY CERTAIN DATE. I INFORMED HIM WE CAN NOT DO THAT AND WE NEED 220.84 IN OUR OFFICE BEFORE WE CAN TURN THE WATER BACK ON. HE ASKED ABOUT GIVING A DR. NOTE AND I LET HIM KNOW THAT WILL NOT GET IT TURNED ON EITHER. HE WILL SEE WHAT HE CAN DO. 11/07/05 - 03:08 PM — holmanj CUSTOMER MADE THE PMT. 11/07/05 - 08:06 AM — wigginst CUSTOMER CALLED AND WILL BE IN THIS MORNING TO MAKE 100.00 PAYMENT AS STATED SINCE THE 5TH WAS ON A SATURDAY 10/25/05 - 04:25 PM — holmanj ROZANN CAME IN TODAY AND MADE ARRANGEMENTS TO PAY $100.00 ON 11/5/05. 1 LET HER KNOW THAT THIS WAS A COURTESY BECAUSE WE DONT USUALLY HONOR MEDICAL WAIVERS AS A REASON FOR TURNING SOMEONE'S WATER BACK ON AFTER SHUTOFF. I LET HER KNOW THAT IN THE FUTURE, WE CAN ONLY DO ARRANGEMENTS BEFORE SHUTOFF DAY. I ALSO TOLD HER THAT HER ACCOUNT WILL BE CHECKMARKED UNTIL 11/5/05 AND SHE MUST PAY THAT DAY OR SHE WILL BE SHUTOFF ON THE 6TH. 10/25/05 - 08:58 AM — holmanj I LEFT A MESSAGE AT 887-6452 ON 10/21/05 LETTING THE ANDERSONS KNOW THAT I NEEDED THEM TO PAY AT LEAST THE PAST DUE AMOUNT ON THIS ACCOUNT BY WEDNESDAY, 10/26. 1 LEFT THE MESSAGE AT 2:50 P.M. I STILL HAVE NOT RCVD PMT ON THIS ACCOUNT. I WILL SHUT IT OFF ON THURSDAY IF THEY HAVE NOT PAID. 10/19/05 -12:01 PM — BalderaM REC'D A FAX FROM DR KYLE PALMER AT SPORTS MEDICINE & ORTHOPAEDIC SURGERY IN REGARDS TO ROZANN ANDERSON THAT THE PATIENT WILL BECOME SERIOUSLY ILL DUE TO TURNING THE WATER OFF WILL TURN THE WATER ON ASAP 08/31/05 -11:19 AM — hillm ARRANGEMENTS WERE MADE ON 8/15/05 TO PAY 169.33 - KEPT ARRANGEMENTS AND REMOVED CHECK 07/05/05 - 09:52 AM — FrostK KEPT 06/14/05 -10:27 AM — FrostK NEW ARRANGEMENTS TO PAY 116.90 ON 6-20-05 06/10/05 - 04:44 PM — picketts PER DOUG ANDERSON (PHONE) WIFE WILL BE IN MONDAY, TO MAKE ARRANGEMENT FOR PAYMENT CONTACT #334-8908 DOUG 05/31/05 - 01:36 PM — TURNERS KEPT 05/17/05 - 08:04 AM — FrostK NEW ARRANGEMENTS TO PAY 89.46 5-23-05 05/13/05 - 04:48 PM — FrostK WILL BE IN MONDAY TO MAKE ARRANGEMENTS 08/16/04 - 10:00 AM — GrantD WILL BE IN TODAY TO PAY 66.56. 02/18/03 - 01:19 PM — FROSTK CUSTOMER CALLED TO SAY THAT HE WOULD BE IN TODAY TO MAKE PAYMENT ON ACCOUNT 02/14/03 -10:44 AM — BALDERAM CUSTOMER CALLED STATED THAT HE WILL BE PUTTING IN PYMT THIS WEEKEND TOLD HIM THAT THE PAYMENT HAS TO BE IN THERE TO AVOID SHUT OFF 02/02/01 -11:03 AM — KATYF PAYMENT IN NIGHT DEPOSITE BY MONDAY AM PER MRS DOUGLAS. HAS ARRANGEMENTS. Grand Totals: Usage Amount CITY OF MERIDIAN Customer History - Account by Name Page: 8 Report Date(s): 01/01/2005 to 04/20/2006 Apr 18, 2006 11:58am Water 253,000 311.23 Sewer 241,000 754.24 Garbage 0 169.00 Garbage - Bldr 0 .00 Toters 0 38.95 Container Tax 0 2.18 Fire Line 0 .00 Dumpster Tax 0 .00 Ret. Ck 0 .00 Tumon Fee 0 120.00 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 Report Criteria: Customer.Cust No = 307410261 April 14,2W6 AZ 05-057 MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT Red Cliff Development, LLC ITEM NO. 9 REQUEST Continued Public Hearing from March 14, 2006 -- Request for Annexation and Zoning of 17.25 acres from RUT to R1 to R-8, R-15, and C -G zones for Bienville Square Subdivision -- 2935 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 Previous Rom Packet / Minutes Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. L-1 April 14, 2006 • RZ 05-019 MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT Red Cliff Development, LLC ITEM NO. 10 REQUEST Continued Public Hearing from March 14, 2006 — Request for a Rezone of 10.05 acres from C -G to R-8, R-15, and C -G zones for Bienviile Square Subdivision — 2935 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 Previous Item Padcet / Minutes Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubOc meetings shaft became property of the City of Meridian. • April 14,2W6 PP 05-059 MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT Red Cliff Development, LLC ITEM NO. 11 REQUEST Continued Public Hearing from March 14, 2006 -- Request for Preliminary Plat approval of 54 single family residential lots, 22 multi -family residential lots, 14 common lots and 7 commercial lots for Bienville Square Sub --2935 N. Eagle Rd. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT. SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See Previous Item Packet J Minutes OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shcfl become property of the City of Meridlon. • April 14, 2006 CUP 05-052 MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT Red Cliff Development, LLC ITEM NO. 12 REQUEST Continued Public Healing from March 14, 2006 -- Request for a CUP for Mixed Use Regional Project within 300 feet of a residence for Bienville Square Subdivision -- 2935 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 Previous Item Packet / Mnutes Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubNc meetings shad become properly of ft Ctfy of Meridian. • 0 April 14, 2006 MI 05-013 MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT Red Cliff Development, LLC ITEM NO. 13 REQUEST Continued Public Hearing from March 14, 2006 — Miscellaneous Request for a Private Street application for multifamily and commercial development for Bienvilie Square Subdivision — 2935 North Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT. CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: See Previous Item Packet / Minutes SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: See attached SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings sholl become properly of the City of Meridian. • April 14, 2006 VAR 05-023 MERIDIAN CITY COUNCIL MEETING April 1$, 2006 APPLICANT Red Cliff Development, LLC ITEM NO. 14 REQUEST Continued Public Hearing from March 14, 2006 -- Requst for a Variance to allow access to a state hiahwav for Bienville Sauare Subdivision -- 2935 North Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT. SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See Previous Item Packet / Minutes See attached Date: Phone: Staff Initials: Materials presented at pubRe meetings shall become property of the City of Meridian. r April 14, 2006 AZ 05-058 MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT Todd Campbell ITEM NO. 15 REQUEST Continued Public Hearing from April 4, 2006 — Request for Annexation and Zoning of 49,95 acres in a proposed R-8 zone for Keego Springs Subdivision 5910 North Black Cat 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 Previous Item Packet / Minutes Date: Phone: Staff Initials: Materials presented at public meetings shall became property of the City of Meridian. 0 0 April 14,2W6 PP 05-060 MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT Todd Campbell ITEM NO. 16 REQUEST Continued Public Hearing from April 4, 2006 -- Request for Preliminary Plat approval of 201 building lots and 9 common lots on 49.95 acres in a proposed R-8 zone for Keego Springs Subdivision -- 5910 N. Black Cat Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT. SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Previous Item Packet / Minutes Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubpc meetings shop become property of the City of Meridian. April 14,2W6 VAR 05-024 MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT Todd Campbell ITEM NO. 17 REQUEST Continued Public Hearing from April 4, 2006 -- Request for a Variance to reduce fronfi garage setbacks to 15 feet from back of sidewalk in a proposed R-8 zone for Keego Springs Subdivision -- 5910 North Black Cat Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT. ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See Previous Item Packet / Minutes OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shoN become property of the City of Meridlan. April 14,2W6 PP 06-002 MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT Landmark Development ITEM NO. 1$ REQUEST Public Hearing — Regeust for Preliminary Plat approval for 23 commercial lots on 22.85 acres in a C -G zone for Gateway Marketplace Subdivision — southeast comer of Ustick Road and 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: COMMENTS See attached P&Z Item Packet / minutes See attached Recommendations / Findings OTHER: See attached Email from Jim Kissler & Tamara Thompson Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. April 14, 2006 VAR 06-002 MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT Landmark Development ITEM NO. 19 REQUEST Public Hearing — Regeust for a Variance for two access points to Eagle Rc SH / 55 for Gateway Marketplace — southeast comer of Ustick Road and 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: COMMENTS See attached Recommendations / Findings OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubUc meetings shag become property of the City of Meridian. • 0 April 14,2M6 VAR 05-027 MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT White -Leasure Development Co. ITEM NO. 20 REQUEST Public hearing — Regeust for a Variance to UDC 11-3.H requirements for access to State Highway 69 for Meridian Gateway -- 1601 South Meridian Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT. CITY BUILDING DEPT. CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT. SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS OTHER: See attached Letter from Farmers & Merchants Contracted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shop become property of the City of Meridian. 0 0 April 14, 2006 MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT ITEM NO. 21 REQUEST Public Hearing — Building Department Fee Changes AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: / MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 Page 1 of 1 Will Berg From: Bruce Freckleton Sent: Friday, March 31, 2006 11:52 AM To: Sharon Smith; Will Berg Cc: Brent Bjornson Subject: Building Permit Fee Proposal Packet Attachments: Room Count Memo.doc; BCA.3-31-06 Letter on Fees.pdf, hearing notice permit fees updated.doc; Temp Power Pole Memo.doc; Residential Pools Memo.doc; Reinspection Fee Memo.doc; image002.jpg Sharon and Will, Attached is the supporting documentation for our April 18 fee proposal. I have also attached the copy of the new letter that I sent to the BCA. Please let me know if you need anything else. Thanks, Bruce ------------------------------------------------------------------ �.{ Bruce Freckleton 4 Development Services Manager Meridian Public Works Department g §� 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 IVY Ph (208) 898-5500 Fax (208) 898-9551 E -Mail freckleb@meridiancity org------------------------------ 3/31/2006 -----^ 3/31/2006 Cl �rY� r+spa ('1''Icfilet77 Date: March 31, 2006 To: Mayor DeWeerd and City Council From: Bruce Freckleton, Development Services Manager RM Residential Electrical Permit Fee Structure Change 0 Memorandum This proposal effectively eliminates room counts in the electrical discipline of the building department. Currently the counting of each individual room is required to establish correct permit fees. The goal is to have a base fee that is consistent with the State of Idaho and other local jurisdictions. The "room count method" requires our customers submitting for permit to count every room on the building plans and then for inspectors to re-count every room in the field to verify accuracy, and often charging additional fees for rooms that were not counted and not paid. This always creates additional work for inspectors and building department staff. Many electrical sub contractors have asked if we could go to the State fee schedule. The flat fee would greatly improve customer service, reduce many discrepancies and improve overall staff time. Proposed Fees — the following three categories show the new proposed flat fees consistent with the State electrical and other local jurisdictions. In some cases new permit fee calculations may reflect a slight increase or decrease. The goal is a restructuring of fees — not raising fees. It should immediately prove to be a welcome change by all involved in the process. Residential Electrical Permits: 1. Service equipment up to and including 200 amps = $120.00 Over 200 amps and up to and including 400 amps = $210.00 401 amps and up see wiring costs based on value of project (current fee schedule in use) Example Under Current Fee Structure: 20 room dwelling (Room = any space that has electrical. Closets, attics, pantry, etc.): First room at $5.00 19 rooms at $3.50 ea = $66.50 1 A/C unit = $15.00 1 - 200 amp service = $25.00 $111.50 2. Multi -Family Dwellings, duplexes, triplexes, & apartments = $120 per building plus $60 per unit 3. Residential Remodels = Base fee of $40 plus $10 for each additional circuit 0 °k Tet..�.na V vit:� siact 4903 MAYOR March 31, 2006 Jayson Ronk Building Contractors Association 6206 N. Discovery Way, Suite A Boise, Idaho 83713 I] 1,11111m ale %\Cera RE: City of Meridian Building Department Fee Update Proposals CiTY COUNCIL MEMBERS Dear Jayson: Keith Bird c hri.til'e Doi,11ei1 We recently completed our proposals for updating a few of the permit fees that ('11a11eS M. ROLIntree we currently issue through the Building Department. My proposal includes four 1i`11t ��i11 c11i items: a modification to the methodology for calculating residential electrical permit fees; an increase in the re -inspection fees for the structural, electrical, CITY DEPARTMENTS plumbing, and mechanical disciplines; an Increase for residential spa, hot tub, I ire hydro massage, and swimming pool electrical permits; and a rate increase for x40 L. Franklin Road temporary construction power pole permits. I am forwarding our proposed fee 8 S-123-4 / fax 81)5-0390 updates to you for your review and comment. With Mayor De Weerd's permission, I hope to have City Council hold a public hearing on these fees Pork, `3 1""r`'`'tet,1��cr et April 18, 2006 at their regularly scheduled meeting. 1 b1'. Street I 1 ti88-3571) ! lay 898-;50I All other permit fees associated with building permits are not a subject of this 1'1.11111ing letter. We are currently evaluating those fees and will notify you as soon as hci0 1... watertttwer Lane that analysis is complete and a proposal formulated. Suite 202 St+ 4 -tis 33 / to \ 888-6844 Residential Electrical Permit Fee Structure Chanae Proposal: Pt1r«, 1401 E. Watertuwer Lane 888-6678 / 846-7366 This proposal effectively eliminates room counts in the electrical discipline of the building department. Currently the counting of each individual room is Public Works required to establish correct permit fees. The goal is to have a base fee that is 660 E. watertttcver Lane consistent with the State of Idaho and other local jurisdictions. Suite 200 898-5500 / fax 4198-9551 The "room count method" requires our customers submitting for permit to count every room on the building plans and then for inspectors to re-count every htleltii"� 000 E. I atertower Lane room in the field to verify accuracy, and often charging additional fees for Sueh' 150 rooms that were not counted and notalwa aid. This s creates additional work P y ," -2211 / fa), 887-1297 for inspectors and building department staff. Many electrical sub contractors have asked if we could go to the State fee schedule. - 4Va>1e1�'ater .W] N.10n Mile Road The flat fee would greatly improve customer service, reduce many 888 -2 1 `' 1 / (a\ S`4-0744 discrepancies and improve overall staff time. Wat``'Proposed `'235 N.bV. 8 11 Street Fees — the following three categories show the new proposed flat 888-52-42 / ra\ 4184-1159 fees consistent with the State electrical and other local jurisdictions. In some cases new permit fee calculations may reflect a slight increase or decrease. The goal is a restructuring of fees — not raising fees. It should immediately prove to be a welcome change by all involved in the process. Residential Electrical Permits: 1. Service equipment up to and including 200 amps = $120.00 Over 200 amps and up to and including 400 amps = $210.00 CITY FALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-1218 CITY ATTORNEI' / HR -FAX 884.8723 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884.8119 Printed on recycled paper 0 0 401 amps and up see wiring costs based on value of project (current fee schedule in use) Example Under Current Fee Structure: 20 room dwelling (Room = any space that has electrical. Example: Closets, attics, pantry, etc.): First room at $5.00 19 rooms at $3.50 ea = $66.50 1 A/C unit = $15.00 1 - 200 amp service = $25.00 $111.50 2. Multi -Family Dwellings, duplexes, triplexes, & apartments = $120 per building plus $60 per unit 3. Residential Remodels = Base fee of $40 plus $10 for each additional circuit Re -Inspection Fees Proposal: This proposal effectively raises the Building Department re -inspection fees. The total average re- inspection fee in all inspection categories (structural, plumbing, electrical, mechanical) in six municipalities is an average of $43.25. The City of Meridian total average is $34.31. (See Attached Exhibit A) Our inspectors are spending unnecessary time and fuel with wasted trips. Many contractors are calling in for re -inspection and when the inspectors arrive they find that the corrections have not been performed. The Building Department staff then is tasked with the additional phone calls for the respective inspections, duplicate processing and inspector dispatch. This proposal essentially will position the City of Meridian Building Department consistent with the other municipalities. It does not raise building permit fees. The intent is to reduce the number of wasted trips and staff time while promoting accountability and efficiency throughout. Permits Fee Increase Proposal for Residential Spa, Hot Tub, Hydro Massage, and Swimming Pools: Currently the City of Meridian charges $25.00 for a permit and electrical inspections of spas, hot tubs, hydro massage, and swimming pools. The life safety and relevant electrical codes and changes regarding pools, water, and electricity have necessitated lengthy and repeated inspection. This proposal effectively raises the City of Meridian permit fee to $40.00 plus $40.00 for any grounding grid where applicable. This fee increase will be consistent with the State of Idaho fees. New Language: Residential Spas, Hot Tubs, Hydro Massage Tubs, Swimming Pools: Basic permit fee of $40.00 plus an additional $40.00 for any grounding grid where applicable. (Other than residential, use existing fee section for commercial, industrial, and other permit fees not listed.) 0 E Permit Fee Increase Proposal for Temporary Construction Power Poles: Currently the City of Meridian charges $20.00 for a temporary power pole permit. The installed pole is required to meet life safety code criteria, as it is the sole power supply source during the majority of the construction, for all workers in all weather conditions. Currently an inspection of these power pole installations is not performed on residential construction. This proposal effectively raises the fee to $40.00 which is consistent with the State of Idaho fee. This fee increase will allow the City of Meridian to perform inspections of all temporary power poles before power is energized at the pole. New Language: Temporary Construction Services: To be installed for construction purposes only, for a period not to exceed one (1) year. a. Two hundred (200) amps or less, one (1) location....................................$40.00 b. All others to be calculated using the existing section for commercial, industrial, and other permit fees not listed. I hope to have City Council hold a public hearing on these fees April 18, 2006. Please contact me if you would like to discuss this proposal further or need additional information. Sin B r eton velopment Services Manager cc: Mayor De Weerd City Council City Clerk Enclosures 0 0 O pO O O O O O O y ti tri CA sY °D � � A O O O O O pO O O O O O O y 4 b M F � � A oa o .+ tNi� oWo pO O O O N to 0o � S O O pO O O Uft w O U O O p O O S O O O O W A A W — O opo O pO O to O A A W ? ? ►N► Cpl OD O O U O O O O x W J CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on April 18, 2006, for the purpose of reviewing and considering fee changes authorized in Title 10, Chapter 1 Building Codes of Meridian City Code. The public hearing for proposed updated fees includes a modification in the methodology for calculating electrical permit fees for residential, an increase in electrical permit fees for temporary construction power poles, an increase in electrical permit fees for spas, hot tubs, hydro massage, and swimming pools, and an increase in re- inspection fees for the Structural, Electrical, Plumbing, and Mechanical disciplines. A more particular and specific description of the above proposed amendments and new and updated fees is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. DATED this 31 st day of March, 2006. WILLIAM G. BERG, JR., CITY CLERK PUBLISH: The 3rd and 10th of April, 2006. Date: March 31, 2006 Memorandum To: Mayor DeWeerd and City Council From: Bruce Freckleton, Development Services Manager RE: Proposed Rate Increase for Temporary Construction Power Pole Permits Currently the City of Meridian charges $20.00 for a temporary power pole permit. The installed pole is required to meet life safety code criteria, as it is the sole power supply source during the majority of the construction, for all workers in all weather conditions. Currently an inspection of these power pole installations is not performed on residential construction. This proposal effectively raises the fee to $40.00 which is consistent with the State of Idaho fee. This fee increase will allow the City of Meridian to perform inspections of all temporary power poles before power is energized at the pole. New Language: Temporary Construction Services: To be installed for construction purposes only, for a period not to exceed one (1) year. a. Two hundred (200) amps or less, one (1) location..................................$40.00 b. All others to be calculated using the existing section for commercial, industrial, and other permit fees not listed. 0 0 ins ta. fe4'A=,° ll 4� Memorandum Date: March 31, 2006 To: Mayor DeWeerd and City Council From: Bruce Freckleton, Development Services Manager J4 RF- Proposed Rate Increase for Residential Spa, Hot Tub, Hydro Massage, and Swimming Pool Electrical Permits Currently the City of Meridian charges $25.00 for a permit and electrical inspections of spas, hot tubs, hydro massage, and swimming pools. The life safety and relevant electrical codes and changes regarding pools, water, and electricity have necessitated lengthy and repeated inspection. This proposal effectively raises the City of Meridian permit fee to $40.00 plus $40.00 for any grounding grid where applicable. This fee increase will be consistent with the State of Idaho fees. New Language: Residential Spas, Hot Tubs, Hydro Massage Tubs, Swimming Pools: Basic permit fee of $40.00 plus an additional $40.00 for any grounding grid where applicable. (Other than residential, use existing fee section for commercial, industrial, and other permit fees not listed.) 11 11, C lc;n, �fi? Date: March 31, 2006 To: Mayor DeWeerd and City Council L1 Memorandum From: Bruce Freckleton, Development Services Manager R: Re -Inspection Fee Proposal This proposal effectively raises the Building Department re -inspection fees. The total average re -inspection fee in all inspection categories (structural, plumbing, electrical, mechanical) in six municipalities is an average of $43.25. The City of Meridian total average is $34.31. The inspectors are spending unnecessary time and fuel with wasted trips. Many contractors are calling in for re -inspection and when the inspectors arrive they find that the corrections have not been performed. The Building Department staff then is tasked with the additional phone calls for the respective inspections, duplicate processing and inspector dispatch. This proposal essentially will position the City of Meridian Building Department consistent with the other municipalities. It does not raise building permit fees. The intent is to reduce the number of wasted trips and staff time while promoting accountability and efficiency throughout. c O d 2 R U) Q E m Z d O m 0 0 m LU O U m M Q C m 2 O 0 O 0 N O O o0 CV) I,� e= d�9 6It9 O O O O LO Ln 0 It d' CO M V -- LO 6R 6% 6% 69 69 0 O 0 0 O Or M O Or CRV C O C d d • C sd O O O O hl- d 0 N H LL M. 0 0 O O O O LO 69 It 69 CO 696c> Ln 69. m i '� V ` 69 O0)ff 0 CD CD ) d 6 oy�EE 0 0 0 0 0 0 0 0 Lt o m It 69 6% 69 ER 0 0 0 C%4• M E9 69 to 69 69 LL O �_ O CD CD 0 � C21 � 0 i•+ �� C O •Nl � '02 L— La LA V d 4 � `m vV 2 'C m Lin L cE � 2 _ � N v 'o ` H t' O d v c C C ca O u = U ++ L U) w FL Q a .__ Ri c= w a � 1 7-� Will Berg From: Will Berg Sent: Friday, March 31, 2006 11:08 AM To: 'Frank Thomason (historydoc@gwest.net)' Cc: Sharon Smith; Tara Green Subject: NOTICE OF HEARING for PW I-] Attachments: 2006 PW misc electrical fees updated 4-18-06 vt.doc 2006 PW misc electrical fees u... please publish April 3 and 10 - thanks. CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on Tuesday, April 18, 2006, for the purpose of reviewing and considering fee changes authorized in Title 10, Chapter 1 Building Codes of Meridian City Code. The public hearing for proposed updated fees includes a modification in the methodology for calculating electrical permit fees for residential, an increase in electrical permit fees for temporary construction power poles, an increase in electrical permit fees for spas, hot tubs, hydro massage, and swimming pools, and an increase in re- inspection fees for the Structural, Electrical, Plumbing, and Mechanical disciplines. A more particular and specific description of the above proposed amendments and new and updated fees is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. DATED this 31 st day of March, 2006. WILLIAM G. BERG, JR., CITY CLERK PUBLISH: The 3rd and 10th of April, 2006. 0 0 CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on Tuesday, April 18, 2006, for the purpose of reviewing and considering fee changes authorized in Title 10, Chapter 1 Building Codes of Meridian City Code. The public hearing for proposed updated fees includes a modification in the methodology for calculating electrical permit fees for residential, an increase in electrical permit fees for temporary construction power poles, an increase in electrical permit fees for spas, hot tubs, hydro massage, and swimming pools, and an increase in re- inspection fees for the Structural, Electrical, Plumbing, and Mechanical disciplines. A more particular and specific description of the above proposed amendments and new and updated fees is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. DATED this 31st day of March, 2006. I,W WILLIAM G. BERG, JIB", PUBLISH: The 3rd and 10th of April, 2006. Date: March 30, 2006 TO. Mayor DeWeerd and City Council • Memorandum From: Bruce Freckleton, Development Services Manager RE Re -Inspection Fee Proposal This proposal effectively raises the Building Department re -inspection fees. The total average re -inspection fee in all inspection categories (structural, plumbing, electrical, mechanical) in six municipalities is an average of $43.25. The City of Meridian total average is $34.31. The inspectors are spending unnecessary time and fuel with wasted trips. Many contractors are calling in for re -inspection and when the inspectors arrive they find that the corrections have not been performed. The Building Department staff then is tasked with the additional phone calls for the respective inspections, duplicate processing and inspector dispatch. This proposal essentially will position the City of Meridian Building Department consistent with the other municipalities. It does not raise building permit fees. The intent is to reduce the number of wasted trips and staff time while promoting accountability and efficiency throughout. c 0 d 'a L- m N W 0. E R Z d 0 m 0 Im m w c 0 U R a Q c O O O N O O O 06 I` � V: 6M% � O O O O cz 0 Lo IF O It c6 M : to 6% 69 69 69 69 O O O OCD O � � � � o _ M O c C c m i m m H 69 0 C p� • c C a M ca sm 0 0 0 o ti m m H LL 0 0 0 0 0 0 60 Nr 69 MO 69 6%= °'s (� ` d 0 69. 0 6R w v} 0 Ef} o N v E E 0 0 0 0 0 ui d' o ICT co t+9 ui d' 69 � 69 69 O O O CD N m M N M 6F3 69 69 6F? 69 V So mg ea69. c U. V ca c� C of E H t5 o _0 c U +�. .Q L M -O d 0 "� U � +� .0 w L cn w a. Q a= eo cn w a aY1`��Ill7i?' N It -kW, Date: March 30, 2006 To: Mayor DeWeerd and City Council From: Bruce Freckleton, Development Services Manager R: Residential Electrical Permit Fee Structure Change 10 Memorandum This proposal effectively eliminates room counts in the electrical discipline of the building department. Currently the counting of each individual room is required to establish correct permit fees. The goal is to have a base fee that is consistent with the State of Idaho and other local jurisdictions. The "room count method" requires our customers submitting for permit to count every room on the building plans and then for inspectors to re-count every room in the field to verify accuracy, and often charging additional fees for rooms that were not counted and not paid. This always creates additional work for inspectors and building department staff. Many electrical sub contractors have asked if we could go to the State fee schedule. The flat fee would greatly improve customer service, reduce many discrepancies and improve overall staff time. Proposed Fees — the following three categories show the new proposed flat fees consistent with the State electrical and other local jurisdictions. In some cases new permit fee calculations may reflect a slight increase or decrease. The goal is a restructuring of fees — not raising fees. It should immediately prove to be a welcome change by all involved in the process. Residential Electrical Permits: 1. Service equipment up to and including 200 amps = $120.00 Over 200 amps and up to and including 400 amps = $210.00 401 amps and up see wiring costs based on value of project (current fee schedule in use) Example Under Current Fee Structure: 20 room dwelling (Room = any space that has electrical. Closets, attics, pantry, etc.): First room at $5.00 19 rooms at $3.50 ea = $66.50 1 A/C unit = $15.00 1 - 200 amp service = $25.00 $111.50 2. Multi -Family Dwellings, duplexes, triplexes, & apartments = $120 per building plus $60 per unit 3. Residential Remodels = Base fee of $40 plus $10 for each additional circuit MAYOR Tammv do t'Vicerd CITY COUNUI MEMBERS VVilliam L. M. Nary Keith Bird Charles M. Rountree Shawn Wardle CrI Y DiT,\m M ENrS Fire 540 E. Franklin Road 888-1234/Fax 895-0390 Park; & Recreation 11 E. Bovver Street 888-3579/fax 898-55()1 Planning & Zoning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6854 Police 1401 E. Watertovver Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 898-9551 Building 660 E. Watertower Lane Suite 150 887-2211/fax 887-1297 - Sewer (WWTP) 3401 N. Ten Mile Road 888-_2191/fax 884-0744 Water 2235 N. W. 8th Street 888-5242/fax 88.3-1159 —IJ I 0 March 29, 2006 Jayson Ronk Building Contractors Association 6206 N. Discovery Way, Suite A Boise, Idaho 83713 RE: City of Meridian Building Department Fee Update Proposals Dear Jayson: We recently completed our proposals for updating a couple of the permit fees that we currently issue through the Building Department. The first is a modification to the methodology for calculating electrical permit fees, and the second is an increase in the re -inspection fees for the Structural, Electrical, Plumbing, and Mechanical disciplines. I am forwarding our proposed fee updates to you for your review and comment. With Mayor De Weerd's permission, I hope to have City Council hold a public hearing on these fees April 18, 2006 at their regularly scheduled meeting. All other permit fees associated with building permits are not a subject of this letter. We are currently evaluating those fees and will notify you as soon as that analysis is complete and a proposal formulated. Residential Electrical Penmit Fee Structure Change Proposal: This proposal effectively eliminates room counts in the electrical discipline of the building department. Currently the counting of each individual room is required to establish correct permit fees. The goal is to have a base fee that is consistent with the State of Idaho and other local jurisdictions. The "room count method" requires our customers submitting for permit to count every room on the building plans and then for inspectors to re-count every room in the field to verify accuracy, and often charging additional fees for rooms that were not counted and not paid. This always creates additional work for inspectors and building department staff. Many electrical sub contractors have asked if we could go to the State fee schedule. The flat fee would greatly improve customer service, reduce many discrepancies and improve overall staff time. Proposed Fees — the following three categories show the new proposed flat fees consistent with the State electrical and other local jurisdictions. In some cases new permit fee calculations may reflect a slight increase or decrease. The goal is a restructuring of fees — not raising fees. It should immediately prove to be a welcome change by all involved in the process. Residential Electrical Permits: 1. Service equipment up to and including 200 amps = $120.00 Over 200 amps and up to and including 400 amps = $210.00 401 amps and up see wiring costs based on value of project (current fee schedule in use) (:ITY 11:\LL 3:3 E,\S•I- I1):\110 \li:l1ll)1.\N. 11).1110 83642 (209) 888-4433 i ra i i.i.ltti-I 888-4-118 IRNM Itlaol Rc I s-ra% 8844173 1 1 n �xn .. I I n.l i a ran.l 1x7,-rae 887-481:3 %wm's mi wi -I %x 884.911O 0 Example Under Current Fee Structure: 20 room dwelling (Room = any space that has electrical. Example: Closets, attics, pantry, etc.): First room at $5.00 19 rooms at $3.50 ea = $66.50 1 AIC unit = $15.00 1 - 200 amp service = $25.00 $111.50 2. Multi -Family Dwellings, duplexes, triplexes, & apartments = $120 per building plus $60 per unit 3. Residential Remodels = Base fee of $40 plus $10 for each additional circuit Re -Inspection Fees Proposal: This proposal effectively raises the Building Department re -inspection fees. The total average re -inspection fee in all inspection categories (structural, plumbing, electrical, mechanical) in six municipalities is an average of $43.25. The City of Meridian total average is $34.31. (See Attached Exhibit A) Our inspectors are spending unnecessary time and fuel with wasted trips. Many contractors are calling in for re -inspection and when the inspectors arrive they find that the corrections have not been performed. The Building Department staff then is tasked with the additional phone calls for the respective inspections, duplicate processing and inspector dispatch. This proposal essentially will position the City of Meridian Building Department consistent with the other municipalities. It does not raise building permit fees. The intent is to reduce the number of wasted trips and staff time while promoting accountability and efficiency throughout. 1 hope to have City Council hold a public hearing on these fees April 18, 2006. Please contact me if you would like to discuss this proposal further or need additional information. Services Manager cc: Mayor De Weerd Enclosures 0 c C oo0� oC! vl 601) � 0 0 and meg} o 8 e0� H9 � b�4 b9 i- O O O S 6 bMR 6�4 O O o O in tn = EL C oo0� oC! vl 601) � 64 and S o 8 o Q � O O O N en m u • V'1 V1 vl and �.y L 0 0 • O O O O � V'1 V1 vl and o 0 0 O O O O � V'1 V1 vl 63-1311A. ADVERTISEMENT OF AND HEARING ON FEE INCREASES. No taxing district may make a decision approving a fee increase that exceeds one hundred five per cent (105%) of the amount of the fee last collected or a decision imposing a new fee, unless it first holds a hearing upon such proposed fee increase or fee imposition at a regular or special meeting of the district's governing body and after it gives public notice of such hearing in the manner provided in this section. Any taxing district that is required to hold a hearing and give public notice of the hearing as provided in this section, and which fails to do so, shall have the validity of all or a portion of the fee increase that it collects be voidable. The taxing district shall give public notice of its intent to make a decision on a proposed fee increase, that exceeds one hundred five per cent (105%) of the amount of fees last collected prior to such decision, or a decision to impose a new fee by giving public notice either by advertising in at least one (1) newspaper as defined in section 60-106, Idaho Code, or by holding three (3) public meetings in three (3) different locations in the district or by a single mailing notice to all district residents, providing that the same information is given and providing the meeting shall be held not less than seven () days after mailing of the notice. An advertisement used to satisfy the requirements of this section shall be run once each week for the two (2) weeks preceding the week during which the hearing required by this section will be held. The advertisement shall state that the taxing district will meet on a certain day, time and place fixed in the advertisement, for the purpose of hearing public comments regarding any proposed fee increase beyond the limits prescribed by this section, or imposition of a new fee and to explain the reasons for such action. Notice of New/Increased City Fees The City Council must provide public notice and hearing prior to adoption of a fee increase of more than 5 percent, or imposition of a new fee. Public notice for new/increased fees is satisfied by choosing one of the alternate methods listed below: ➢ Advertising in a newspaper of general interest, published in the State of Idaho (as defined in 60-106, Idaho Code), or ➢ Holding three public meetings in three different locations in the city, or ➢ By a single mailing notice to all city residents, providing that the same information is given and providing the meeting will be held not less than seven days after mailing of the notice. To satisfy the requirements of this section, an advertisement must be run once each week for the two weeks preceding the week of the public hearing. The advertisement must state: ➢ The date, time and place of the hearing. ➢ That the purpose of the hearing is to take public testimony regarding the new/increased fee and to explain the reasons for the new/increased fee. At the public hearing, citizens must be allowed to provide testimony on the new/increased fee. Any new/increased fee that is adopted without Public notice and hearing is invalid and void 0 Page 1 of 1 Will Berg From: Bruce Freckleton Sent: Wednesday, March 29, 2006 11:51 AM To: Sharon Smith; Will Berg; Tara Green Subject: Building Dept. Fee Proposals for 4/18/06 Attachments: image002.jpg; BCA.3-29-06 Letter on Fees.pdf, Reinspection Fee Memo.doc; Room Count Memo.doc Sharon, Will and Tara, Attached are the two proposals for permit fee modifications for the Building Department. I sent the Hearing Notice over yesterday. Also attached is a PDF file of a letter I sent to the Building Contractors Association to solicit their input on my proposals. I want to make sure that this letter also gets included in the packets for the Mayor and Council. Thanks a bunch, Bruce ciao ®AV Is 3/30/2006 Bruce Freck/eton Development Services Manager Meridian Public Works Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 Ph (208) 898-5500 Fax (208) 898-9551 E -Mail freckleb@meridiancity.org i CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE April 18, 2006 ITEM # 21 PROJECT NUMBER PROJECT NAME Building Department Fee Changes NAME (PLEASE PRINT) FOR AGAINST NEUTRAL RECEIVED APP 18 2006 City of Meridian 0 i April 14, 2006 AZ 05-063 MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT Brighton Development, Inc. ITEM NO. 22 REQUEST Ordinance — Request for Annexation and Zoning of 5.03 acres from RUT to R-8 zone for Quenzer North Subdivision — north of East Ustick Road and west of North Locust Grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: marenals COMMENTS See aftached a6c -Or� Staff Initials: shall become property of the CHy of Meridian. ADA COUNTY RECORDER �- AVID NAVARRO AMOUNT .00 BOISE IDAHO 04!27!06 (MM DEPUTY Neava Haney RECORDED -REQUEST OF Meridian CIN 106064911 CITY OF MERIDIAN ORDINANCE NO. �b—IZ945 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ -05-063 QUENZER NORTH SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN THE SE 1/ OF THE NE % OF SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-8 (MEDIUM 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: Brighton Corporation and Vanessa M. Klaus. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-8 (Medium 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 -05-063 QUENZER NORTH 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 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 91!�_ day of Awl L , 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of AWe Z , 2006. of MAYOR T de WEERD ANNEXATION OF AZ -05-063 QUENZER NORTH SUBDIVISION Page 2 of 3 (�i (6 ATTEST: •��``Cj`��� `% WILLIAM G. BERG, JR., CITY CLERIK -F,- STATE F, STATE OF IDAHO, ) : ) ss. County of Ada ) On this I&I day of r � , 2006, before me, the undersigned, a Notary Public in andfro said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. OTARY PUBLIC FOR IDAHO RESIDING AT: Cad= � i, to MY COMMISSION EXPIRES: I& i 1 ANNEXATION OF AZ -05-063 QUENZER NORTH SUBDIVISION Page 3 of 3 Legal Description ngineering North rest, LLC N. _-GM "r MCC. Suite I An Project No. 01-045-01 QUENZER NORTH REZONE DESCRIPTION 3;65556 Date: November 10, 2005 A Parcel of land being Parcel No. I. as shown on Record -of -Survey Number 3774 of Ada County Records, which Parcel is a portion of Lot 13 of Crestwood Subdivision No, 1, all located in the SE 1/4 of the NE 1/4 of Section 3l, T. 4 N., R_ 1 Ada County, Idaho, more particularly described as follows: Commencing at the section comer common to Sections 31 and 32 of said T. 4 N., R l and Sections 5 and 6 of T. 3 N, R. I E., B.M.; Thence North 00°31'35' East, 2659.04 feet on the section line common to said Sections 31 and 32 to the 1/4 section comer common to said Sections 31 and 32; Thence leaving said section line, North 89"46'20" West 1317.76 feet on the east -west mid-section line of said Section 31 to the center -east 1/16 th section corner of said Section 3 ], said point being the "AL POINT OF BEGINNING; Thence leaving said mid-section line, North 00035'27" East, 332.36 feet (fornicrlY_ described as North b0 bf 52 fast) ori the north -south 1/16th section luie of the NE U%4 of said Section 31, said line also being the westerly boundary, line of Crestwood Subdivision No. 1, as same is shown on the Plat thereof recorded in Book 28 of Plats at page 1757 ofAda County Records, to the northwest comer of Lot 13 of said Crestwood Subdivision No. 1; Thence South 89°46'20" East, 658.79 feet (formerly described as North 89°40'05" East) on the lot line common to Lots 12 and 13 of said Crestwood Subdivision No. 1 to the northeast corner of said Parcel No. 1 ofRecord-of--Survey Number 3774; Thence South 00°3431" West, 332.36 feet (formerly deacdbed as South 00°00'56" West) on the parcel line common to Parcel No. I and Parcel No. 2 of said Reeord_of-Survey to the southerly comer common to said Parcel No. 1 and Parcel No. 2, said point being on the east -west mid-section line of said Section 31; Thence North 8994670" West 658.89 feet on the cast -west mid-section line and the southerly Parcel line of said Parcel No. I to the real point of beginning• Said p;trcc] contains 5.03 acres more or Icss. Wwm N" lu RQWM ►bc Aa PREPARED BY: f.-nginerring tiurth�i cot, l.i_C` James R Washburn, PLS P -ST I of 1 I nl. t �tx�s BASS OF SEMOM--- I 4 142, NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 06- /, Z b PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the SE 1/ of the NE % of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 5.03 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 3 East Idaho Avenue, Meridian°T4and!'ghi4°ordinance shall become effective on the day of s Mayor and City Council 5f the tity U dia`n _ By: William G. Berg, Jr., City Clerk; First Reading: f �Wmg by suspension of the Rule as allowed pursuant to Idaho Code 5d-90�,,, „XfiS°' NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- / 2.2- 46 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- f X2-6 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 W day of A-� '2006 William. L.M. Nary, City Attorn y ORDINANCE SUMMARY — AZ -05-063 QUENZER NORTH SUBDIVISION Page 1 of 1 • April 14, 2006 AZ 05-066 MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT Architecture Northwest ITEM NO. 23 REQUEST Ordinance — Request for Annexation and Zoning of .50 acres from R-12 to C -G zone for Meridian Veterinary Clinic — 415 West Franklin Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Contacted: Date: Yr' l ? 04- Phone: W -7-33 7 i Emailed: fy�'f� .o LC- Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. ADA COUNTY RECORDgk. DAVID NAVARRO AMOUNT .00 . BOISE IDAHO 04/27/06W ` PM DEPUTY Neava Haney III I'VIII'IIII�'III'IIII'I'lIIIII'll RECORDED -R-REQUEST OF Meridian CNV 10606490+ CITY OF MERIDIAN ORDINANCE NO. ®� ®` BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ -05-066 MERIDIAN VETERINARY CLINIC) FOR ANNEXATION OF PROPERTY LOCATED IN A PORTION OF THE NE % OF THE NW 1/ OF THE NORTHEAST OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R-12 (ADA COUNTY) TO C -G (GENERAL SERVICE AND RETAIL COMMERCIAL) 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: Scott Higer. SECTION 2. That the above-described real property is hereby annexed and re- zoned from R-12 (Ada County) to C -G (General Service and Retail Commrcial) 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 -05-066 MERIDIAN VETERINARY CLINIC 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 Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of /_��►%i/ f/ , 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of �/ 7 , 2006. MAYOR T&W6 de WEERD ANNEXATION OF AZ -05-066 MERIDIAN VETERINARY CLINIC Page 2 of 3 �gie4�ttgflit1111!!J!!e!'0 Of d�eA�dd®�� ATTEST: a i — 0 r _ S WILLIAM G. BERG, JR., CITY CLERK ���®a��n�d•9�$!Q�$ �5����� 9a��§a`,`0. STATE OF IDAHO, ) : ) ss. County of Ada ) On this 190"' day of � ' , 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. 4T�RY PUBLI FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: 16-11 -11 ANNEXATION OF AZ -05-066 MERIDIAN VETERINARY CLINIC Page 3 of 3 Legal Description ARROW?n�•.7 �� .?.+iii , r.�j p. L.l'.A Land Surveying, Inc. S A Eve 11211- Stafe Street Suite IgS • Eagie, Idaho 83616 • offlee: 1-2818-939.73"3 fax 1-208-939-7321 Jon 'Jo.O159 - 12- I „-05 II.R.t•• LEGAL DESCRIPTION FOR "COTT HiGER ANIVEXATION A gonion �%t the .Nord"- St 114 o'the Northwest 4 of the Northeasr c; Secrc,n ; ;. owns tip 3 NOttl;. Range : West cl•thn Bois-., bletidium Ada Counn•, Idaho. des:ribed as fn4-1AN: Carrunonnintt Of the I`orhevbt :uimer of Set•:ion 13.Township 3 Nonh; ;tang I t1'est of tht Boise k4crieli4n, Ada Cauatl. Idaho. and rumbig dtettce Rest 1451.1; fent ,lottg -,h tronh Zine efsald sr>ltioato the POINT O' BEGMING; ;hence SO°13'46"W ;I j.: n feet: thence "t 14.00 feet: thence N00i 3'-97E ; 50.00 I•eer thence West 39.x) feet; then. -c NO"I3.46'-L'• 163.'0 tzrt'o ,he North line of Bald section: thence Rist 39.00 feet to L -w point of beginning. Parcel contain, 0" acres •..hint. i x.iudes rracosed right-of-way awing rrankiin Roac. -4-. ,0 t Lu 1 LU NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 06- Z Z PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in a portion of the NE '/ of the NW '/a of the Northeast of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains .52 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the day of a At�FyA AC d�'ei Mayor and City Council f th Cityf eridii _� By: William G. Berg, Jr., City Cleij �- First Reading: ��`�� f% � ' � � , � *`� ng by suspension of the Rule as _ allowed pursuant to Idaho Code 50-902:°ffff O Second Reading: '1'l&OIR ading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- / Z 2 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- 2Z 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. ("U1 I . , William. L.M. Nary, Ci orney ORDINANCE SUMMARY — AZ -05-066 MERIDIAN VETERINARY CLINIC Page 1 of 1 April 14, 2006 AZ 06-002 MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT Strada Bellissima, LLC ITEM NO. 24 REQUEST Ordinance — Request for Annexation and Zoning of 0.43 acres from RUT to L -O zones for Strada Bellissima Subdivision Outparcel — 3015 South Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: / ADA COUNTY HIGHWAY DISTRICT: a 6 SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: (�� Date: Emailed: Phone: Emailed: �e'is 1142 i2inaaef-e, ---� 72/ Si ff Initials: Materials presented at public meetings shall become pgorly of the City of Meridian. ADA COUNTY RECORDER J. AMD NAVARRO AMOUNT .00 BOISE IDAHO 04/27/06 0 NI ' DEPUTY Ns liam RECORDED - REQUEST OF Meridian City 10606 910 CITY OF MERIDIAN ORDINANCE NO. 12-2-46 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ -06-002 STRADA BELLISSIMA SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN THE SOUTHEAST % OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO L -O (LIMITED OFFICE DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Strada Bellissima, LLC. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to L -O (Limited Office District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. 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 -06-002 STRADA BELLISSIMA SUBDIVISION OUTPARCEL 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 Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of !_Z 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 46'�6 day of 2006. aor MAYOR MY de WEERD ANNEXATION OF AZ -06-002 STRADA BELLISSIMA SUBDIVISION OUTPARCEL Page 2 of 3 aa��at��tg�tttBllllllgp`�Pts�d� ATTEST: WILLIAM G. BERG, JR., CITY CLERK ���F9�aa�aagaaggas aa��9��,9®'taw STATE OF IDAHO, ) ) ss. County of Ada ) On this ! day of . 1 , 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:�dLWJ- MY COMMISSION EXPIRES: 10-11 1 ) ANNEXATION OF AZ -06-002 STRADA BELLISSIMA SUBDIVISION OUTPARCEL Page 3 of 3 Legal Description A parcel of land located in the Southeast 1/4 of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and more particularly described as follows: Commencing at an aluminum cap monument marking the southeast comer of said Section 24; thence along the South line of said Section 24 (also being the centerline of W. Victory Road) N89120'52"W a distance of 213.69 feet to a point of curvature from which an aluminum cap monument marking the southwest corner of the Southeast 1/4 of said Southeast 1/4 bears N89'20'52"W a distance of 1106.41 feet; thence leaving said South line and continuing along said centerline of W. Victory Road along the are of a 200.00 foot radius curve to the right having a length of 137.23 feet, a central angle of 39018'48" and a long chord of 134.55 feet bearing N69'41'28"West to a point of tangency; thence N49037130"W a distance of 41.65 feet to a 5/8 inch iron rod; thence N49'32'50"W a distance of 16.41 feet to a S/8 inch 'iron rod marling the POINT OF BEGINNING; Thence continuing along said centerline of W. Victory Road and the are of a 319.41 foot radius curve to the left having a length of 113.32 feet, a central angle of 20019'39" and a long chord of 112.73 feet bearing N5604 1'35"W to a point of cusp marked by a 5/8 inch iron rod on the boundary line of Strada Bel issima Subdivision No. l as shown on the plat thereof, recorded in Book 93 at pages 11265 through 11268 ofplats, Ada County, Idaho; thence leaving said centerline and along said boundary line N00'43' 18"E a distance of 73.24 feet to a 5/8 inch iron rod; thence S89'47'19"E a distance of 189.78 feet to a 518 inch iron rod; thence 505036109"W a distance of 56.62 to a 5/8 inch iron rod; thence S28'10'13"W a distance of 30A2 feet to a 5/8 inch iron rod; thence S56112'13"W a distance of 92.17 feet to the POINT OF BEGINNING. Said parcel contains 18,897 sq. f< or 0.43 acres more or less and is subject to any and all casements and/or rights -of -ways of record or implied. EXHIBIT "B" ANNEXATION OF A PORTION OF THE SEI/4 OF THE SE 1/4 OF SECTION 24 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN CITY OF MERIDIAN, ADA . COTJNTY, IDAHO 2008 zm Lj+r••+GEND C.P.&F. 9149709 �-' us 04 STRADA BELLISSIMA SUBDMSION - - — BOUNDARY LINE 5:— - BOOK 93, PAGES 11265--11268 ONp1. LAgJ mm V4 FOUND ALUMINUM CAP �� %S 00 N • _ _ _ _ S89'47'1 9"E 189.78' FOUND BRASS CAP ITD RIGHT-OF-WAY MONUMENT °' 1335 O P.O.D. CALC POINT (NOTHING SET) POINT OF BEGINNING �1+11-11 141 �O �• �E'p,rF or V)0 3i� wl c_pI, pW n ') C! CO 18,897 sq. ft. Ml � �' c,n as ±0.43 acres N� �m lrr- �m • m•m • �a S28' 10' 14. \ ap,� • 30.42' 13"W 4 00 01,1:0 Co � a • N39'57'56"E JA • 25.09' N49'32'50"W N49"37'30"W 18.41' Its 41.65' z 24 19 N89°20'52"1� 1320.10' � —"' E1/t6 COR 25- I 30 SECTION 24 N8920:52"W C.P.&F. 9018193 213.69' —'k BY: STRADA BELLISSIMA OUT PARCEL AN N6>CAT/_. S1iTR/►bA �C�.4S7SSIMA LLQ wo Lj+r••+GEND C.P.&F. 9149709 �-' SECTION LINE -^ - - - - — BOUNDARY LINE - - ROAD CENTER LINE ONp1. LAgJ FOUND ALUMINUM CAP �� %S 00 FOUND 5/8° REBAR AS SHOWN FOUND BRASS CAP ITD RIGHT-OF-WAY MONUMENT °' 1335 O P.O.D. CALC POINT (NOTHING SET) POINT OF BEGINNING �1+11-11 141 �O �• �E'p,rF or —'k BY: STRADA BELLISSIMA OUT PARCEL AN N6>CAT/_. S1iTR/►bA �C�.4S7SSIMA LLQ wo • • NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 06- /;-' 2- 9 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the Southeast % of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains .43 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is availo im pection at City Hall, City of Meridian, 33 East Idaho Avenue, �Meridi4; is P s 6r inance shall become effective on the day of'-\ Mayor and City Council f the City -:of eridi --� By: William G. Berg, Jr., City Clerk �0 f ls:: O First Reading: 4 - Rule as allowed pursuant to Idaho Code Second Reading: _-- tr �eing by suspension of the NO rd 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- / 2 ' ie 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. 1. William. L.M. Nfiry, City Attorne ORDINANCE SUAUKARY AZ -06-002 STRADA BELLISSIMA SUBDIVISION OUTPARCEL Page 1 of 1 April 14, 2006 MERIDIAN CITY COUNCIL MEETING April 18, 2006 APPLICANT ITEM NO. ZS REQUEST Resolution — establishing the Meridian Parks and Recreation Commission and Adopting the bylaws of the Meridian parks and recreation commission AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN CAI RESOLUTION NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION ESTABLISHING THE MERIDIAN PARKS & RECREATION COMMISSION AND ADOPTING THE BY-LAWS OF THE MERIDIAN PARKS & RECREATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is in the best interest of the City of Meridian to establish By -Laws of the Meridian Parks and Recreation Commission of the City of Meridian; and WHEREAS, on April 12, 2006, the Meridian Parks & Recreation Commission prepared and recommended approval of By -Laws, as attached Exhibit "A", to provide a framework for its actions and agenda; and WHEREAS, on April 18, 2006, the City Council of City of Meridian, upon the recommendation of the Meridian Parks & Recreation Commission approved adoption of said By -Laws; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. The City Council of the City of Meridian has approved the adoption of the By -Laws of the Meridian Parks & Recreation Commission attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of City of Meridian, Idaho, this �8 day of 2006. APPROVED by the Mayor of the City of Meridian, Idaho, this �� --day of Agy--a 12006. a ATTES ® G, ELL CITY CLERK 4 RESOLUTION ADOPTING Tlla� MF RECREATION COMMISSION z P4"Woil PARKS & Page 1 of 1 BY-LAWS OF THE MERIDIAN PARKS & RECREATION COMMISSION ARTICLE I Section 1. NAME OF THE COMMISSION The name of the commission shall be: "MERIDIAN PARKS & RECREATION COMMISSION", hereinafter referred to as the "Commission". Section 2. PRESIDENT and VICE-PRESIDENT These titles are interchangeable whenever they may appear within the Articles of the By -Laws when the titles are used within their respective context. ARTICLE II Section 1. POWERS OF THE COAUMSSION In addition to the duties as specified in Meridian City Code § 2-2-3, the Commission shall have the duty to study, propose ordinances for, and comment on all public issues pertaining to Meridian city parks. All such studies, proposed ordinances, and comments shall be forwarded to the Meridian City Council for consideration when making decisions for the city pertaining to parks, park policies, and parks recreation programs. ARTICLE III Section 1. DUTIES OF THE PRESIDENT The President shall: 1) preside at all meetings of the Commission; 2) call special meetings of the Commission in accordance with the Idaho Open Meeting Law; 3) sign documents of the Commission; 4) see that all actions of the Commission are properly taken; and 5) make commission appointments to sub- committees as required. Section 2. DUTIES OF THE VICE-PRESIDENT The Vice -President shall perform the duties of the President in the absence or incapacity of the President, and in the case of the resignation or death of the President, the Vice President shall perform such duties as are imposed on the President until such time as the Commission shall elect a new President. BY-LAWS OF TI -M MERIDIAN PARKS & RECREATION COMMISSION — page 1 of 2 11 Section 3. SUBCOIVEMIPI'TEES • Subcommittees shall be established and appointed by the President to assist the Commission in performance of its function and shall follow all public meeting requirements. Each subcommittee shall consist of at least two (2) Commission members. Citizens and public officials may be appointed to serve as members on the subcommittees by the Commission President, Subcommittee Chairperson, or Mayor. ARTICLE IV Section 1. MEETINGS No meeting shall run longer than three (3) hours unless the Commission members present, through a majority vote, approve that particular meeting to exceed the time limit. Section 2. VOTING Each regularly appointed member shall be entitled to one vote on any matter that may come before the Commission. The vote of the majority of the members present at any meeting attended by a quorum of its members shall be necessary to decide any items. The President of the Commission is a member of the body and has the same rights and privileges as the other members. The President of the Commission may enter into the discussion of items before the Commission and may vote on any item of business to come before the Commission. Section 3. RULES OF ORDER The Commission shall operate under the precepts of Robert's Rules of Order. The order of business for the Commission shall be as follows: A. Call to Order B. Roll Call C. Agenda Approval, Minutes D. Unfinished Business, New Business E. Reports, Presentations, Subcommittee Reports, Staff Reports F. Next Meetings' Agenda, Adjournment BY-LAWS OF THE MERIDIAN PARKS & RECREATION COMMISSION —page 2 of 2