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HomeMy WebLinkAbout2006-09-19�J a OF �r IDAHO Revised 9-18-06 Revised 9-19-06 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, September 19, 2006 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." Roll -call Attendance: Shaun Wardle Joe Borton Charlie Rountree Keith Bird K Mayor Tammy de Weerd 2. Pledge of Allegiance: A �,,,P,` C 3. Community Invocation by Pastor Kevin Moyer with Meridian First Baptist Church: T rt 4. Adoption of the Agenda:SVti1� S. Consent Agenda: A. Approve Minutes of August 22, 2006 City Council Regular Meeting: Af�. U -C, B. Approve Minutes essooff August 29, 2006 City Council Special Meeting: C. Approve Min tes of September 5, 2006 Pre -Council Meeting: U� D. Streetlight Agreement for Alexandria Subdivision by L&K Development: A��v E. Agreement for Professional Services with Civil Surve Consultants, Inc. for Design of Water Main Connections between Franklin Road, Lanark Street, Commercial Street, and Pine Avenue: Meridian City Council Meeting Agenda — September 19, 2006 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 9-18-06 Revised 9-19-06 F. Resolution No. Oto -3 : VAC 06-011 Request for a Vacation of the public utility, drainage and irrigation easement common to Lots 3 and 4, Block 3 for Jayden Village Subdivision by Beachwood Builders, Inc. — 3059 & 3077 N. Christian Way: 9 Yv L-'-�- G. Reimbursement Agreement between the City of Meridian and Hightower, LLC for Constructing Approximately 1500 feet of 10 -ince Water Main: AfPYDu--(-: H. Work Order with Idaho Power for Power to Serve New Cit Hall:12Z) lis4,�� I. Reimbursement Agreement between the City of Meridian and Ventana, L C for Construction of Oversized Water Main: J. Award Bid / Approve Contract for the Wastewater Treatment Plant Biosolids Improvement Project with The Ewing Company: Lp—C K. Addendum to Development Agreement: MI 06-005 Request for a Miscellaneous application to amend the previously approved Development Agreement (AZ 03-038 and concurrent files PFP 03- 007 & CUP 03-071) by removing a provision requiring all future uses on the site to be approved through the Conditional Use Permit process for Mussell Corner Subdivision by Brian Holleran — Northeast comer of Victory Road and Meridian Road: AWD� 6. Department Reports: A. City Council President — Shaun Wardle 1. Resolution No. Valley Regional Transit regarding Coalition for Public Transportation: B. Mayor's Office 1. Proclamation for Recovery Awareness Day: t 61- 2-61 20K4 C. Planning Department 1. Transportation Task Force Proiect Recommendations to ACHD: q"�'�� Meridian City Council Meeting Agenda — September 19, 2006 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 9-18-06 Revised 9-19-06 2. Discussion of Cross Access at the Southwest Corner of Meridian Road and Overland Road: S ('�, �S c 3. Request to Waive the Normal Transmittal Review Period for Ada County Comprehensive Plan b Ada County: D. Parks Department 1. Discussion of Proposed Fencing Changes at the Meridian Youth Baseball Complex: Lp - G l_ evt�ZV t?� c°�.f s- ��� ��°� t✓� c�c� iia �cS� C�1 M� r t 1 E t,�� ��' Cc. 7. Items Moved from Consbnt Agenda: 0 3141 G 8. Tabled from September 5, 2006: FP 06-038 Request for Final Plat approval for 5 single-family residential building lots on 1.06 acres in an R- 8 zone for Windsong Subdivision No. 2 by Landmark Engineering & Planning – north of Ustick Road and west of Linder Road: 9. FP 06-041: Request for Final Plat approval for 26 single-family residential building lots on 4.17 acres in an R-8 zone for Paramount Subdivision No. 14 by Paramount Development, Inc. – west of Meridian Road and north of McMillan Road.;L1,- 10. Public Hearing: Amendments for 2005 / 2006 Fiscal Year Budaet: 11. Ordinance No. Ob ---12-LrAmendments for 2005 / 2006 Fiscal Year Budget: 12. Continued Public Hearing from September 12, 2006: MI 06-007 Request for Modification of the Development Agreement for Cherry Lane Christian Church for removal of the Conditional Use Permit requirement for construction north of Ten Mile Creek by Cherry Lane Christian Church – northwest comer of W. Franklin Road and N. Ten Mile Road: CYv\--�_ ?(k- -K) SCp+e/vvvW 2t�12onc �, 13. Public Hearing: AZ 06-040 Request for Annexation and Zoning of 4.38 acres to an R-8 zone for Bellabrook Subdivision by JE Development, LLC – 300 South Locust Grove Road: 14. Public Hearing: PP 06-038 Request for Preliminary Plat approval of 20 residential lots and 4 common lots on 4.38 acres in a proposed R-8 zone for Bellabrook Subdivision by JE Development, LLC – 300 South Locust Grove Road:, ��f z, - RtC' PCNA F FC. L R✓ 15. Public Hearing: AZ 06-029 Request for Annexation and Zoning of 10.39 acres from RUT to an R-4 zone for Silversprinas Subdivision by Meridian City Council Meeting Agenda — September 19, 2006 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • Revised 9-18-06 Revised 9-19-06 Reed Kofoed - south side of McMillan Road and west of Locust Grove Road: C ��-� . I �h -t-o (�'k jAc,w41 L1 `Zt,c , Zcvo, 16. Public Hearing: PP 06-029 Request for Preliminary Plat approval of 29 single-family residential lots and 4 common / other lots on 9.88 acres in a proposed R-4 zone Silversprings Subdivision by Reed Kofoed - south side of McMillan Road and west of Locust Grove Road: �.6v1A Il k ­�_, l-kp4 ibvLV-3, �L, z(.o IZc�o ( 17. Public Hearing: AZ 06-036 Request for Annexation and Zoning of 10.94 acres from RUT to an R-4 zone for Bitterbrush Point Subdivision by Majestic, Inc. - east of Meridian Road and north of Victory Road: 18. Public Hearing: PP 06-039 Request for Preliminary kat approval of 27 single-family residential lots and 4 common lots on 10.94 acres in a proposed R-4 zone for Bitterbrush Point Subdivision by Majestic, Inc. - east of Meridian Road and north of Victory Roa._d/:}/ J- Y p� Y"1� �,� � `/ �,F _l� (;LJL-v � I C� J �l� ✓�iy� Y�L'C -��' 19. Public Hearing: AZ 06-037 Request for Annexation and Zoning of 4.85 acres from R-1 to C -G zone for Cope Subdivision by Ronald Van Auker - east of Meridian Road and north of Overland Ro d: 20. Public Hearing: PP 06-035 Request for Preliminary Plat approval of 4 commercial lots on 4.31 acres in a proposed C -G zone for Cope Subdivision by Ronald Van Auker - east of Meridian Road and north of Overland Road: AW rou-c- _ f FeL 21. Public Hearing: MI 06-006 Request for a Miscellaneous to Amend the proposed Development Agreement (AZ 05-065) Site Specific Condition 6.1.5, page 5 to allow a temporary construction fence along Lot 5, Block 3 to limit public access to Lot 19, Block 3, rather than a permanent fence along Lot 5, Block 3 limiting public access to the Ten Mile Creek waterway, an approved amenity with pathway system in the preliminary plat (PP 05-058) for Harks Canyon Creek Subdivision by Franklin Centre, LLC - 1845 W. Franklin Road (request to be continued to 10- 10-06 due to posting requirements: �•�� Yl�v 4-o tic-�6_l i 22. Ordinance No. OG - � 2-U `� AZ 06-024 Request for Annexation and Zoning of 10.17 acres from RUT to an R-4 and R-2 zone for Napoli Subdivision by Briggs Engineering - east of Eagle Road and south of Zeldia Lane: NO. n)v-�, 23. Executive Session per Idaho State Code 67-2345(1)(c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): Meridian City Council Meeting Agenda - September 19, 2006 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. * TX COITION REPORT AS OF SEP 15 '06 10 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 01 09/15 15:43 IJATER DEPT EC --S 01'16" 004 003 OK 02 09/15 1545 2088840744 EC --S 01'19" 004 003 OK 03 09/15 1547 POLICE DEPT EC --S 01'17" 004 003 OK 04 09/15 1549 8985501 EC --S 01'16" 004 003 OK 05 09/15 1550 LIBRARY EC --S 01'17" 004 003 OK 06 09/15 15:53 2083776449 EC --S 01'21" 004 003 OK 07 09/15 1554 3886924 EC --S 01'17" 004 003 OK 08 09/15 15=56 P—AND—Z EC --S 01'16" 004 003 OK 09 09/15 1558 FIRE DEPT EC --S 01'16" 004 003 OK 10 09/15 1600 208 888 2682 EC --S 01'18" 004 003 OK 11 09/15 1602 208 387 6393 EC --S 01'16" 004 003 OK 12 09/15 1603 ADA CTY DEVELMT EC --S 01'17" 004 003 OK 13 09/15 1605 2088885052 EC --S 01'17" 004 003 OK 14 09/15 16:07 LAKEV I EW GOLFCOU 63—S 02'30" 004 003 OK 15 09/15 16:10 IDAHO ATHLETIC C EC --S 01'17" 004 003 OK 16 09/15 16:12 ID PRESS TRIBUNE EC --S 01'17" 004 003 OK 17 09/15 16:14 2088886701 EC --S 01'17" 004 003 OK �,Y"d" = CITY COUNCIL REGULAR wee,�i >i�n IDAHOMEETING AGENDA C r v ' Vil City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, September 19, 2006 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, ap presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll -call Attendance: Shaun Wardle Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Kevin Moyer with Meridian First Baptist Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of August 22, 2006 City Council Regular Meeting: B. Approve Minutes of August 29, 2006 City Council Special Meeting: C. Approve Minutes of September 5, 2006 Pre -Council Meeting: D. Streetlight A reement for Alexand a Subdivision by L&K Development: Meridian City Council Meeting Agenda — September 19, 2006 Page 104 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disablllttes related to documents and/or hearing, please contact the City ClerKs Office at 8884433 at least 48 hours prior to the public meeting. PleQse Poo �cy Rtbu-0- f�ftj -j") i CITY OF ID 0 q �s Tri t� V CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, September 19, 2006 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability 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 Kevin Moyer with Meridian First Baptist Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of August 22, 2006 City Council Regular Meeting: B. Approve Minutes of August 29, 2006 City Council Special Meeting: C. Approve Minutes of September 5, 2006 Pre -Council Meeting: D. Streetlight Agreement for Alexandria Subdivision by L&K Development: Meridian City Council Meeting Agenda — September 19, 2006 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 E. Agreement for Professional Services with Civil Survey Consultants. Inc. for Design of Water Main Connections between Franklin Road, Lanark Street, Commercial Street, and Pine Avenue: F. Resolution No. : VAC 06-011 Request for a Yacation of the public utility, drainage and irrigation easement common to Lots 3 and 4, Block 3 for Jayden Village Subdivision by Beachwood Builders, Inc. — 3059 & 3077 N. Christian Way: G. Reimbursement Agreement between the City of Meridian and Hightower. LLC for Constructing Approximately 1500 feet of 10 -ince Water Main: H. Work Order with Idaho Power for Power to Serve New Ci Hall: I. Reimbursement Agreement between the City of Meridian and Ventana. LLC for Construction of Oversized Water Main: J. Award Bid / Approve Contract for the Wastewater Treatment Plant Biosolids Improvement Proiect with The Ewing Company: K. Addendum to Development Agreement: MI 06-005 Request for a Miscellaneous application to amend the previously approved Development Agreement (AZ 03-038 and concurrent files PFP 03- 007 & CUP 03-071) by removing a provision requiring all future uses on the site to be approved through the Conditional Use Permit process for Mussell Corner Subdivision by Brian Holleran — Northeast comer of Victory Road and Meridian Road: 6. Department Reports: A. City Council President — Shaun Wardle 1. Resolution No. : Valley Regional Transit regarding Coalition for Public Transportation: B. Mayor's Office 1. Proclamation for Recovery Awareness Day: Meridian City Council Meeting Agenda — September 19, 2006 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. C. Planning Department 1. Transportation Task Force Proiect Recommendations to ACHD: 2. Discussion of Cross Access at the Southwest Corner of t Meridian Road and Overland Road: 7. Items Moved from Consent Agenda: 8. Tabled from September 5, 2006: FP 06-038 Request for Final Plat approval for 5 single-family residential building lots on 1.06 acres in an R- 8 zone for Windsong Subdivision No. 2 by Landmark Engineering & Planning — north of Ustick Road and west of Linder Road: 9. FP 06-041: Request for Final Plat approval for 26 single-family residential building lots on 4.17 acres in an R-8 zone for Paramount Subdivision No. 14 by Paramount Development, Inc. — west of Meridian Road and north of McMillan Road. 10. Public Hearing: Amendments for 2005 / 2006 Fiscal Year Budget: 11. Ordinance No. Amendments for 2005 / 2006 Fiscal Year Budget: 12. Continued Public Hearing from September 12, 2006 : MI 06-007 Request for Modification of the Development Agreement for Cherry Lane Christian Church for removal of the Conditional Use Permit requirement for construction north of Ten Mile Creek by Cherry Lane Christian Church — northwest comer of W. Franklin Road and N. Ten Mile Road: 13. Public Hearing: AZ 06-040 Request for Annexation and Zoning of 4.38 acres to an R-8 zone for Bellabrook Subdivision by JE Development, LLC — 300 South Locust Grove Road: 14. Public Hearing: PP 06-038 Request for Preliminary Plat approval of 20 residential lots and 4 common lots on 4.38 acres in a proposed R-8 zone for Bellabrook Subdivision by JE Development, LLC — 300 South Locust Grove Road: 15. Public Hearing: AZ 06-029 Request for Annexation and Zoning of 10.39 acres from RUT to an R-4 zone for Silversprings Subdivision by Reed Kofoed — south side of McMillan Road and west of Locust Grove Road: Meridian City Council Meeting Agenda — September 19, 2006 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 16. Public Hearing: PP 06-029 Request for Preliminary Plat approval of 29 single-family residential lots and 4 common / other lots on 9.88 acres in a proposed R-4 zone Silversprings Subdivision by Reed Kofoed — south side of McMillan Road and west of Locust Grove Road: 17. Public Hearing: AZ 06-036 Request for Annexation and Zoning of 10.94 acres from RUT to an R-4 zone for Bitterbrush Point Subdivision by Majestic, Inc. — east of Meridian Road and north of Victory Road: 18. Public Hearing: PP 06-039 Request for Preliminary Plat approval of 27 single-family residential lots and 4 common lots on 10.94 acres in a proposed R-4 zone for Bitterbrush Point Subdivision by Majestic, Inc. — east of Meridian Road and north of Victory Road: 19. Public Hearing: AZ 06-037 Request for Annexation and Zoning of 4.85 acres from R-1 to C -G zone for Cope Subdivision by Ronald Van Auker — east of Meridian Road and north of Overland Road: 20. Public Hearing: PP 06-035 Request for Preliminary Plat approval of 4 commercial lots on 4.31 acres in a proposed C -G zone for Cope Subdivision by Ronald Van Auker — east of Meridian Road and north of Overland Road: 21. Public Hearing: MI 06-006 Request for a Miscellaneous to Amend the proposed Development Agreement (AZ 05-065) Site Specific Condition 6.1.5, page 5 to allow a temporary construction fence along Lot 5, Block 3 to limit public access to Lot 19, Block 3, rather than a permanent fence along Lot 5, Block 3 limiting public access to the Ten Mile Creek waterway, an approved amenity with pathway system in the preliminary plat (PP 05-058) for Harks Canyon Creek Subdivision by Franklin Centre, LLC — 1845 W. Franklin Road (request to be continued to 10- 10-06 due to posting requirements: 22. Ordinance No. AZ 06-024 Request for Annexation and Zoning of 10.17 acres from RUT to an R-4 and R-2 zone for Napoli Subdivision by Briggs Engineering — east of Eagle Road and south of Zeldia Lane: 23. Executive Session per Idaho State Code 67-2345(1)(c) — (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): Meridian City Council Meeting Agenda — September 19, 2006 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 • Meridian Citv Council Meetina September 19, 2006 A meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, September 19, 2006, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Shaun Wardle, Keith Bird, Charlie Rountree, and Joe Borton. Others Present: Ted Baird, Sharon Smith, Anna Canning, Bill Musser, Ken Bowers, Len Grady, Steve Siddoway, Stacy Kilchenmann, Doug Strong, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X X Joe Borton X Keith Bird Mayor Tammy de Weerd De Weerd: Okay. I'll go ahead and call tonight's meeting to order. Thank you all for joining us here tonight. It is Tuesday, September 19th. It's a few minutes after 7:00. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Thank you. Item 2 is the pledge of allegiance. Tonight we will be led in the pledge by Anna Canning. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Kevin Moyer with Meridian First Baptist Church: De Weerd: Thank you, Anna. That's one way to get your attention. Item No. 3 is our community invocation. Tonight we will be led by Pastor Kevin Moyer. He's with Meridian First Baptist Church. If you will all join us in the community invocation or take this as an opportunity for a moment of silence. Moyer: Our loving Father, we sure give you great thanks tonight, especially as we think in terms of the refreshing rains that we have needed and we just appreciate the blessing of them to our valley and in our mountains and even just the relief for our fires and our firefighters, we are just grateful to you for that. Father, we are thankful for our wonderful city. Thank you for the many blessings that you have given to us here in Meridian and tonight we even thank you for just this privileged time we have to be here together, for our leadership team that we can enjoy for our great city. Pray for the wisdom that's needed tonight. Thank you for their dedicated and hard work and I also think of all of our different city departments, how hard they work to make our community a great one, 0 0 Meridian City Council September 19, 2006 Page 2 of 68 a safe one, and one where we can be a community. And I would ask now for the wisdom and discernment needed tonight, that this would be a -- just a very profitable time as we work for all the different pieces of business, deliberate business, that, again, Lord, it would be done in a way that would continue a great unity among our city and thank you again for your faithfulness to us and your love and your kindness through our Savior Jesus Christ, in his name we pray, amen. De Weerd: Thank you, Pastor Moyer. We appreciate your words tonight. Item 4: Adoption of the Agenda: De Weerd: Item 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Item J on the -- asked to be pulled. The department reports, which we will add an Item E, Public Works for discussion. Resolution number on F is 06-533. Resolution for the department is 06-534. Ordinance number for Item 11 is 06-1264. Item No. 21 has asked to be continued to October 10th, 2006, due to lack of posting requirements. And ordinance number -- or Item No. 22 is Ordinance 06-1265 and with that I move that we approve the revised agenda. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the revised agenda. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of August 22, 2006 City Council Regular Meeting: B. Approve Minutes of August 29, 2006 City Council Special Meeting: C. Approve Minutes of September 5, 2006 Pre -Council Meeting: D. Streetlight Actreement for Alexandria Subdivision by L&K Development: E. Agreement for Professional Services with Civil Survey Consultants, Inc. for Desian of Water Main Connections Meridian City Council September 19, 2006 Page 3 of 68 0 0 between Franklin Road, Lanark Street, Commercial Street, and Pine Avenue: F. Resolution No. 06-533 VAC 06-011 Request for a Vacation of the public utility, drainage and irrigation easement common to Lots 3 and 4, Block 3 for Javden Village Subdivision by Beachwood Builders, Inc. — 3059 & 3077 N. Christian Way: G. Reimbursement Agreement between the City of Meridian and Hightower, LLC for Constructing Approximately 1500 feet of 10 -ince Water Main: H. Work Order with Idaho Power for Power to Serve New City Hall: I. Reimbursement Agreement between the City of Meridian and Ventana, LLC for Construction of Oversized Water Main: K. Addendum to Development Agreement: MI 06-005 Request for a Miscellaneous application to amend the previously approved Development Agreement (AZ 03-038 and concurrent files PFP 03- 007 & CUP 03-071) by removing a provision requiring all future uses on the site to be approved through the Conditional Use Permit process for Mussell Corner Subdivision by Brian Holleran — Northeast comer of Victory Road and Meridian Road: De Weerd: Item 5, Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda Item F is Resolution No. 06-533. Item J has been asked to be pulled to 6-E under department reports and with that I move we approve the revised Consent Agenda as published and for the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda as stated. If there is no discussion, Mrs. Deputy City Clerk. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYE. Item 6: Department Reports: 0 Meridian City Council September 19, 2006 Page 4 of 68 A. City Council President — Shaun Wardle 1. Resolution No. : Valley Regional Transit regarding Coalition for Public Transportation: De Weerd: Thank you. Item 6 under Department Reports, we will start tonight's Department Reports with President Wardle. Wardle: Thank you, Madam Mayor. Before I begin, while I have the floor, I'll just take an opportunity if Councilman Borton would like to make any apologies to the football team on behalf of -- Madam Mayor, I'll begin with my department report on -- De Weerd: You know, I did miss my privilege last week to mention the Cougar -Vandal game, so be careful. Wardle: And congratulate the Vandals on their first win this season, so -- Bird: It was against a junior high. Wardle: We have in front of us a resolution that we discussed last week in a Pre -Council agenda. The City Attorney has placed it in our resolution form for our consideration and so I would open the floor to continue the discussion which we began last week. De Weerd: There appears to be a lot of discussion. Wardle: For purposes of discussion I will recap. This is a resolution from Valley Regional Transit Authority asking for the city to support their efforts in legislation to create a local option tax, which would, then, be placed in front of the voters and utilized for funding of Valley Regional Transit System. We had a presentation on the specifics of what those improvements would gain and we had some brief discussion. So, I believe the question before the Council was, really, the question as to whether we were willing to support a motion which would change the current state of law to allow -- and, then, to support the use of that for transit authority within the Treasure Valley. Rountree: Mr. Wardle through Madam Mayor, I guess, I, for one, don't have a problem with providing our citizens the opportunity to voice their opinion on this particular item. It's certainly an item we hear a lot about from the public and from the planning gurus and those sorts of things, that public transportation is a portion of our transportation network that's significantly under -funded in our area and I know surveys indicate that people support public transportation, though they are a little hesitant to pay for them. But this would give the folks an opportunity to say yes or no, if, in fact, it does get through the legislature. So, I think all we are really asking is is this something that we would support through the association of cities and support as a group that the legislature consider this and I guess I would be in favor of at least doing that. E Meridian City Council September 19, 2006 Page 5 of 68 De Weerd: Thank you, Mr. Rountree. Any other comments? Borton: Madam Mayor. Bird: Madam --go ahead. De Weerd: Yes, Mr. Borton. Borton: I've had an opportunity -- although I missed Kelly's presentation from Valley Ride last week, I've had an opportunity to review that presentation and, in fact, sit down with Kelly one on one and discuss this particular resolution, the goals of Valley Regional Transit, the challenges they are faced with right now and the elimination or soon elimination of the federal funding that they rely upon and discuss at length my concern with the particular resolution. Kelly has done a fantastic job with Valley Regional Transit trying to tackle a difficult issue, but through our discussions she and I candidly talked about my concerns. It's a resolution that, I, as one, cannot support and don't support for a variety of reasons. The local option tax authority in a vacuum I see as a solution looking for a problem and I don't support that. I think public transportation -- I don't support this particular resolution as well, the sales tax increase to provide and supply a product where there is limited demand. I do understand challenges that regional transportation is faced with, but it is not a resolution that this Council Member can support. De Weerd: Thank you, Mr. Borton. Mr. Bird. Bird: Madam Mayor, I have lot of the same feelings that Councilman Borton does. I -- after reading through this resolution, as I stated last week in the deal, I had no problem going forward to the legislature and see if they would allow it, but this one is, actually, passing a resolution that says that we are backing local option sales tax. Well, I'm not backing any tax increase of any kind. I think that our people are taxed to death and I think there is other avenues that we can certainly look at. So, as written I can't support this resolution either. De Weerd: Okay. Any further discussion? Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: A couple comments that I have. One, Councilman Rountree had a comment in our meeting last week that one of the reasons that he wouldn't support this -- that he doesn't like the state legislature telling us what we can and cannot vote on. While I have a tendency to agree with that, the local option sales tax I see as -- is an issue that requires, in my mind, some further scrutiny. So, when I take that next steep, if you read section one of the resolution, essentially, this resolution is asking us to support a local • Meridian City Council September 19, 2006 Page 6 of 68 0 option sales tax as the funding option to pursue the adopted Valley Regional Transit regional operations in the Capital Improvement Plan. I do have some questions specific to the Capital Improvement Plan. While I agree in concept with the idea of a regional transit authority, I'm not sure that the current capital improvement plan will go far enough to achieve the ridership that really would be needed to fund the mechanism and so, certainly, I understand that it's a compromise that was reached by a number of committee members and elected officials. This resolution, in my mind, does exactly what it needs to do and that is, asks all of the agencies whether they are willing to support this and get behind not just the idea of local option tax, but the specific Capital Improvement Plan. So, that's where my greatest concern is and I would not support a motion to adopt this resolution at this current time. De Weerd: Council, as many of you know, I served on the regional task force that looked into all the different options and I think this one is the most palatable, because it does ask for the vote of the public and it would be to the communication and the value of the plan on if the public were to approve it. I agree with Councilman Rountree that the public should have a voice and this is the only mechanism to give the voice to pass this legislation to pursue this as an option to fund a regional public transportation system that the public pass and form this regional body to begin with. They believed in public transportation, now it's their opportunity to show if they believe in it enough to fund it. And so I guess I appreciate democracy and the ability to at least have a say in the direction that we are going. And so -- and a lot of that was the discussion that they had on this recommendation -- recommending body that's bringing this in front of you. So, I believe with those thoughts in mind I am in support of at least bringing this to the public, who would not only fund the system, but hopefully use the system. So, I guess I would be looking to all of you for a motion on this item. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I guess just in response, I think your comments are accurate. I would implore any one of -- any member of our public -- has everyone had the opportunity to contact your local legislators and the four or five of us up here can make proclamations and resolutions and wishes and hopes and give direction -- it's not binding, it's nothing more than what we think should take place. But nothing is more critical if the public truly wants to see change in this particular area, to get on the phone and write letters and go visit your legislators eight days a week, as often as possible, and tell them how important this opportunity is for you and how critical their decision to allow option funding to be an opportunity for our cities. I think without that taking place there is some disconnect between a public that generally likes to support public transportation and a real touchy feely, but we don't have to pay for it sort of way, because it's on a federal dollars, quote, unquote, free money, but, then, when the local money starts to be spent, that public support tends to scatter. So, I hope I'm wrong. Perhaps there will be a large and loud group of our public that will tell this Council we are wrong, will call their legislators and tell them they are wrong and make this issue number one in the spring. C� Meridian City Council September 19, 2006 Page 7 of 68 1� That's democracy right there and I hope that would happen. So, for what it's worth, I would throw that out to anyone who is here in the audience, anyone that reads the minutes, and is concerned about this issue, to, please, make your voice heard to your legislators if it truly is an important issue and opportunity for this community in your eyes. De Weerd: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I guess I don't disagree with a lot of things I have heard, but what I disagree with is, you know, what's our position. Do we or don't we support public transportation as a part of the component of our transportation system in Meridian and Ada County and for the Treasure Valley for that matter. The populous -- not unanimously, but a large percentage of the populous voted to form the Valley Ride Transit Association. However, it had no funding mechanism and it struggles, it functions on general fund donations from the city of Boise primarily, federal dollars, a little bit from Nampa, a little bit from Meridian, and in terms of ridership, I think the ridership reflects that the system doesn't work very well -- it works as well as it can. I guess I would like to send the message that the City of Meridian either does or doesn't support public transportation. I can see where this resolution probably goes a little further than it needs to to send that message, but I would throw out would the Council consider a type of resolution that would at least put us on the map as to our position on public transportation? That's why I would like to see public transportation or local option tax or whatever go to the public and them have an opportunity to say, yes, we think that's something we need and we are willing to local option tax, use more property tax, use some revenue generator or, no, we don't want to pay for it, because we continue to spend hundreds of thousands of dollars supporting a system that doesn't meet customer demands, that utilizes a lot of federal dollars that come this direction, with the hopes that people really do support it and they are willing to fund it, so -- and we spend a lot of money on studies and we have studied public transportation probably to an extreme. So, I guess that's my position is I'd just like to see us get to a point where we can either support it or we can't support it and not sit on the fence. De Weerd: And, Council, if you would like, we can bring back a differently worded resolution with -- considering the comments that have been made tonight and put this off for another week. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: You know, one of the -- one of my comments is when you talk about the goals of a regional transit authority or public transportation, I can agree that accessibility to 0 Meridian City Council September 19, 2006 Page 8 of 68 9 those who don't drive -- or don't have their own automobiles is an important component of that. Ridership which reduces emissions and improves our quality is important. The reduction in traffic, travel times, those are all important goals. If you want to bring forth the resolution that says that we support that, I'm not sure that I could disagree with it, but what I see in front of us is a group of people that did a lot of work -- Madam Mayor was involved in that -- and came up with what they thought was the best opportunity to fund that system and I think what we are saying, at least the three of us, is we don't necessarily agree with that component. I mean we write letters of support for public transportation and expand those goals I just mentioned and I would be fine with that, but I don't think that's what this is asking. I don't think that's what the committee is asking us to do. De Weerd: Okay. Council, I'm looking for your direction on this. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I will make my -- excuse me. I'll make my statement that I did last week. I have no problem with it going before the legislature and doing as Councilman Rountree said, letting us have a choice, but, you know, local option sales tax is one of the options -- funding options, but this thing is saying that we are supporting that. To me, I'm not supporting it until -- until I see what -- our taxpayer support. I mean I'm representing the taxpayers of Meridian, not the elected public officials or the employees of entities. There is a lot of things in this I have real questions about. Another thing to throw out on the table, in my way of thinking, is you get an option sales tax for public transportation, next thing you do is get an option tax for something else and pretty soon people are just taxed to death. And they just raised the sales tax one cent, which to a lot of people that isn't much, but to a lot of other people it is quite a bit. So, I would have to have it reworded quite a bit. I don't want anything even said in the resolution that I'm supporting local option sales tax. De Weerd: Mr. Baird. Baird: Madam Mayor, as I reviewed the materials from Valley Ride, it appeared to me that the recommendation of the committee was merely what Councilmember Bird is saying is that they back the legislation, not that they back the tax. I saw a disconnect between that committee recommendation and the draft resolution that you have in front of you. I might take some direction from you tonight -- I took the opportunity to request a draft copy of the legislation, because you really shouldn't be approving something unless you have seen it. What I could do next week is have our office bring forward a simple resolution that attaches the draft legislation and expresses your desire that that be put before the legislature, so that the voters could have the opportunity to choose. From what I have heard, the Council would like to leave out any mention of support for the tax itself. Is that the type of direction that you might be giving your legal staff? 0 Meridian City Council September 19, 2006 Page 9 of 68 Wardle: Madam Mayor? De Weerd: Mr. Wardle. 9 Wardle: If I could just address -- again, this is a resolution that's been placed in front of us. We don't have to take it up. There is no motion on the table. We can have no comment on this specific resolution. And if we want to consider an additional support mechanism for some proposed legislation which will change a hundred times between now and January, we can certainly look at doing that. But I don't think we need to take an action on this item and -- unless someone has a motion to second. And we can take this up in the future. De Weerd: Well, Council, I don't want to use staff time on something that you are not interested in seeing. So, only -- I would ask staff to bring something back if that would be your request, so -- okay. Borton: Madam Mayor? De Weerd: Yes. Mr. Borton. Borton: I would make such a request. B. Mayor's Office 1. Proclamation for Recovery Awareness Day: De Weerd: Okay. Item 6-B under Mayor's office, we do have a proclamation here for Recovery Awareness Day. The city will be holding a celebration for recovery awareness next Tuesday, September 26th, at 8:00 a.m., at the Meridian Police Department. Everyone is welcome to attend and with that said I will read the proclamation. Whereas substance abuse disorders are a serious and treatable health problem and as many as 63 percent of Americans say that addiction has had an impact on them at some point in their lives, whether it's the addiction of a friend or a family member or an experience such as their own personal addiction and whereas assessing our citizens' need for addiction treatment and referring them to appropriate treatment and their family members to support services as a critical and crucial step in helping people realize that recovery is possible and treatment is accessible. And whereas the people who are in recovery from alcohol and drug use disorders, as well as those who have helped them obtain treatment, helps to overcome barriers by educating the community about the benefits of treatment and affirming the goal that all people with alcohol and drug use disorders should have access to treatment services and whereas to help achieve this goal the City of Meridian Mayor's Anti-drug Coalition invite all residents of Idaho to participate in recovery awareness. Therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim Tuesday, September 26, as Recovery Awareness Day in Meridian, Idaho, and call upon the people of the Treasure Valley to join the voices for recovery now. Dated this 19th day of September, 2006. 1 L` Meridian City Council September 19, 2006 Page 10 of 68 9 will say that this is a huge challenge for our community to dispel the stigma and the discrimination that people on treatment have and that we need to embrace them and give them hope, because they, too, want to be functional members and contributing to their community and it is our responsibility as citizens as well to help them in that process and be supportive. So, thank you for allowing me to proclaim Recovery Awareness Day. De Weerd: Item 6-C is our Planning Department, Transportation Task Force Project Recommendations. I'll turn this over to Steve Siddoway. C. Planning Department 1. Transportation Task Force Project Recommendations to ACHD: 2. Discussion of Cross Access at the Southwest Corner of Meridian Road and Overland Road: 3. Request to Waive the Normal Transmittal Review Period for Ada County Comprehensive Plan by Ada County: Siddoway: Thank you, Madam Mayor, Members of the Council. You should have received in your packets a series of lists of transportation priorities. The Transportation Task Force has met monthly over the course of this year, discussed several topics, including access management, 20-26 Chinden widening, ACHD's prioritization process, Communities In Motion, and other things. Much of the discussion recently has centered around our many transportation needs. As you know, we have many, and the list of projects from the Transportation Task Force includes a total of 32 different projects. They include a mix of projects from projects that would be ITD's responsibility for state highways or the interstate, ACHD road projects, and intersection projects. So, in your packet you should have received a master priority list that includes all -- all projects, colored by their type, and, then, there would be -- there were three other summary tables that looked independently at each of the different types of projects. Last week on September 14th the Transportation Task Force members discussed refinement to the draft list that we had created together and approved the priority list before you tonight. ACHD and Compass need to receive a final approved transportation priority list by the end of October and we bring this forward tonight for your consideration and approval. If you would like I could go over each of what the top five priorities would be in each of the categories based on this list. For ITD projects the priorities would be, as no surprise, our top priority is Ten Mile Interchange and is and remains our top priority over all with all projects. Second would be the widening of Chinden Road. Third Linder overpass. Fourth the State Highway 16 extension down McDermott. And, Fifth, the rebuilding of the Meridian Road Interchange. Rountree: Madam Mayor, if I might interrupt Steve. Steve, could you tell me what segments of Chinden you're talking about? e 0 Meridian City Council September 19, 2006 Page 11 of 68 Siddoway: Everything that passes through our area of impact, which would be just short of Eagle Road to McDermott in particular. Now, our current area -- our current area of impact, while it's not been fully negotiated, does extend a little further west, but we are looking regionally at Chinden as a corridor from Eagle Road all the way into Caldwell and this is both support for Meridian specific area and in another sense the corridor as a whole as a priority that we recognize as a regional need. Rountree: Another question -- or it can wait until you're done, but -- Siddoway: Sure. Rountree: -- I have a question about project scope, the rationale for the priorities, given what some of these are going to cost, do you finish number two before you do number three and number four before you do number five? Or do you do incremental portions of all of these, because you're talking about mega millions of dollars. Siddoway: The phasing of them would be up to the individual agency. I don't know that we are proposing that they finish two before starting three. We are saying these are our priorities in order and however they can program them, please, do so. De Weerd: And, Mr. Rountree, as you well know, the Ten Mile interchange, that we hope the Linder overpass, certainly Highway 16 and Meridian Road interchange rebuild are part of unfunded GARVEE projects and so we are hoping that -- and certainly will be advocating for the continued funding of the GARVEE projects. The Chinden Road widening is something that staff and myself have been involved in working the developments that are going up along that and have a working group that has been put together with Eagle, Star, Nampa, Caldwell, ACHD, and two of the Canyon County highway districts. I think Nampa Highway District and -- Siddoway: Canyon County Highway District. De Weerd: Yeah. So, we are working on how we can expedite the priority of that with ITD and through appropriations requests as well. So, that's a separate focus group. Certainly all five of those projects are critical to the transportation system in and around our community, but some we hope are taken care of through GARVEE and others we are actively involved. Rountree: I guess my comment, Madam Mayor, is to make sure that what priority -- what the word priority means as defined. Siddoway: And if this body would like to give me some -- Rountree: That's true with any of these, but with this in particular given the strain on the resources. Meridian City Council September 19, 2006 Page 12 of 68 Siddoway: Yeah. De Weerd: It's a good question, Mr. Rountree, and, you know, this is one of the exercises that is required of us by the Compass and -- and from our transportation agencies as well. So, it is a process that we go through. We haven't had that specific discussion, even though we do have stats from both ITD and ACHD, it's not at this level that those discussions have developed. Siddoway: And the transportation agencies have their own prioritization processes, looking at accident rates and vehicle miles traveled and many many other criteria, one of which is the local jurisdiction's priority. So, our action here tonight becomes one of the elements of their prioritization. Rountree: Thank you. Siddoway: For ACHD road projects, the downtown split corridor, Ten Mile Road, Franklin Road, Pine Avenue, and East 3rd connection in downtown. As top five intersection priorities, Linder-Ustick, Meridian-Ustick, Linder -Pine, Meridian -McMillan, and Linder -McMillan. All of which are currently four-way stops and needing signalization. I should point out there are others in need, such as Ten Mile and Black Cat -- or song. Ten Mile and Franklin. Thank you. And Victory and Eagle. You don't see those in here, because they are programmed for construction this coming year and this prioritization is for the next round of the five-year work program, which will be 2008 through 2012. So, those 2007 projects that are already funded for construction do not show up in this priority list. That's why you also don't see projects like Locust Grove overpass, because it is funded and should be under construction before the end of this year. I would give a general observation that the Transportation Task Force to prioritize those projects that had an impact on adding capacity where there was significant congestion above those other projects that were primarily focused by beautification or similar benefits. The task force recognizes that there are so many needs that they cannot all be funded immediately and we know that a list of 32 projects is more than can be funded, but they do want them all on the radar screen. So, rather than just sending here is our top five, we will be sending the full list, so they understand the magnitude of our needs and request that they consider them in the priority order as proposed before you tonight and with that I would stand for any questions. De Weerd: Thank you, Steve. Any questions from Council? Bird: I have none, Mayor. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Steve, this is -- it's an awesome list and I appreciate the work of you and the task force. A couple of questions. I notice the downtown split corridor listed as the Meridian City Council September 19, 2006 Page 13 of 68 number one ACHD priority. I think to the extent that the City of Meridian can remain consistent and steadfast with that desire that in my mind remains absolutely priority number one without question, hesitation, or doubt. There is reference in the description listed that the Linder Road widening was delayed or requested to be delayed to try to speed up the downtown split corridor. Is that -- is there any computation for that type of concession? And, if so, is there any risk to the city that if we put an item as number one, that it might change and we might flop them? Siddoway: That was an action that was taken by City Council last year. So, that has already happened and the calculation was one that ACHD did and that we followed very closely as we went through. Early drafts of last year's five year work program showed the Linder widening moving out into an unfunded year and while it had previously had a funded year, the spit corridor did not -- initially moved into a funded year. We questioned that, they went back and looked at it and, then, it did get a funded year with moving into -- it was split into two phases. As phase one began design immediately, it's under design right now, with right of way purchase in '08, construction in '09 and we are suggesting that that now move up to '08, so we can get those improvements to the intersection at Main -Meridian -Waltman before the Ten Mile overpass area goes under construction for the new interchange. And so, in short, they did move the split corridor into a funded year, because we were -- and it's the same funded year that Linder had been in before it was agreed to swap those. Borton: Okay. De Weerd: And we had met with ACHD staff making sure our timing schedules with the construction on Locust Grove overpass, phase one of the downtown transportation plan, and Ten Mile interchange, to make sure that not any one of those projects are going on at the same time, because it would be an absolute nightmare if that were to happen. So, our staff and their staffs are working together to really coordinate that and keep a tight eye on how those projects are building out. Borton: Madam Mayor -- and I notice that the recommendation is that a tie goes to the downtown split corridor plan, so to speak. You make reference to the extent they conflict, that the split corridor plan occur and be constructed or be done before Ten Mile. Siddoway: Ten Mile. That's our recommendation. Yes. Borton: I think that's fantastic. De Weerd: Okay. Any other questions or comments? Council, in order to get this off to Compass I will need a recommendation to approve this transportation priority list. And, no, the color coded is new this year. It really made it a lot easier to read and make obvious where our priorities are in the different categories. Wardle: Madam Mayor? 0 Meridian City Council September 19, 2006 Page 14 of 68 De Weerd: Mr. Wardle. • Wardle: The only thing that would make it more obvious is if we sent some streaming video of the traffic congestion, which is available online, so -- De Weerd: We will work on that. Wardle: With that, Madam Mayor, I would move that we approve the Transportation Task Force recommendations to ACRD. Borton: Second. De Weerd: Okay. I have a motion and a second to approve the list that is in front of you. Any discussion? Other than another great reason to provide public transportation. Mrs. Smith, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. You know -- and that comment was prompted by Councilman Borton's, but, you know, it is said with sincerity. We need many different approaches to solve some of the transportation challenges in this valley. It's not going to -- it's not going to be one approach, it has to be a multi -faceted approach at different solutions. So, thank you, Steve. We appreciate the detail that you have added to this Transportation Task Force. It's a great process. I know Chief Bowers is also on that. Councilman Bird. And it's a great team. So, thank you so much. De Weerd: Okay. Item 6-D. Oh. Sony. I was glossing over you, Anna. Canning: Thank you, Madam Mayor, Members of the Council. I wanted to bring a situation to your attention, just because I know what your expectations are regarding this piece of property and it looked like it was going a different way. So, I just wanted to make sure you were aware of it. The situation is that the southwest comer of Meridian and Overland you recently approved a right -in, right -out only connection to Meridian Road, with a requirement that drive aisle head immediately due west. This is through the Walgreen's property, so that it provides kind of -- collects all the traffic going to the west and is able to get it going southbound on Meridian Road. The developer immediately to the west -- the property was picked up by Brighton Corporation and their plans are for a larger box, so -- they continue that drive aisle over, but it will dead end in a building. And I know this is not what we talked about, so I asked them to come and present the alternatives. This one shows the cross -access going through. They would need to, basically, ramp this portion of the cross -access, because there is a significant grade change and they are not proposing to level this area. They are doing other things and that's why Matt from Brighton corporation is here -- Matt Smith, excuse me, is here to talk about the other work they are doing in this area to improve cross -access and I Meridian City Council September 19, 2006 Page 15 of 68 think it's -- they have gone to great lengths to really improve the safety of this intersection and I appreciate that fact. So, they would prefer to do this layout, but they are prepared to meet the requirements of the original approval and have the cross - access at the two locations, up at the north end of the site and, then, at the mid point. De Weerd: They can always move the building towards the road. Just thought I would give you a creative suggestion. Canning: I will -- if you -- De Weerd: Would you like Matt to -- Canning: If you wouldn't mind, Mr. Smith can better explain all the things they are doing, both on the north and the south side of Overland there. De Weerd: Okay. Smith: Madam Mayor, Council Members, good to be here tonight. I want to just share a couple ideas. We, too, like connectivity at Brighton corporation and if you recall at Ustick and Eagle when we had this opportunity, the property was much deeper and actually donated a full backage road back there and built a road and put a signal back there. We have a couple of challenges on this piece of property -- well, we can still see the property. I need a -- look at this. De Weerd: Don't point that in your eye. Smith: Does that work? Bird: Yeah. It's supposed to. It's on the top there. Smith: Maybe the battery is out. Canning: Little red button on top? De Weerd: Here you go. Smith: The property isn't quite as deep here. It's actually significantly, substantially shallower than this one. So by doing this, having a backage road back there, this would be the ideal location in this area, but with the size of development it just won't work in this area. So, that's one of the challenges. The other challenge is if we continue to do this, obviously, we want to go all the way to Stoddard and to bring traffic a half mile through a parking lot is -- if you ask most traffic engineers -- a pretty dangerous situation. You don't want to do that. You really want to either have a full road -- you don't want to be moving people through a parking lot like that. So, if we can go back to the aerial for a second, Anna. So, the area that Brighton has picked up are these two properties right here and as Anna mentioned, there is significant topography challenges Meridian City Council September 19, 2006 Page 16 of 68 here. This is much higher than this right there. So, if we bring this access, which is about right there to there, it will dead end and that's fine, we can do that, but our user would prefer not have that. Plus there are some safety concerns there with their operations, because of what happens. So, as Brighton looked at this whole thing we said, okay, what can we do along this whole area to improve safety and connectivity. We said, well, the first and biggest issue is right here at Roaring Springs. Getting out of -- you have been there with your families — is very difficult to do and it's a big safety hazard. So, negotiations as we have talked with ACHD about this whole plan, we suggested moving this over to the quarter mile mark and putting a traffic signal here, which would benefit our property here, it would allow safe exiting and entering into Roaring Springs, as well as bringing connectivity to the future development that's going to occur here. In addition, if you see this yellow mark here, we have spoken with Boondocks and they have -- excuse me -- spoken with Roaring Springs and they have agreed to grant an easement to Boondocks, so that they can use this to get out as well in the event this is a difficult location to get out. So, during the off season times this will be open, so the signal can be used. Brighton has agreed to go ahead and pay for this signal, as well as the reorganization of Roaring Springs Parking lot to make this much safer of an area. In addition, we have spoken with these property owners, as well with White -Leasure and what we have been able to do is been able to — if you can put the site plan back up there for a second, Anna. We have been able to agree on making these access points all line up. So, here -- where we had access points here and here, they have agreed to line up altogether, so this will control a lot of the cross-over of traffic on Overland, as well as here Roaring Springs will do away with that one and we will have connectivity here. So, this proposal brings connectivity only to these two, because this is where connectivity will be proposed with these two, it brings connectivity to the user on this side of Overland, which is called Bowden and, then, it brings connectivity to Roaring Springs, as well as connectivity to this westerly property. This signaled entrance here will also serve as the entrance of the future development over here, which is most likely to be, you know, some kind of retail development as well. So, overall, we would like to -- if -- well, let me just back up a little bit. All these agreements are in place. The only one we would need to work -- finalize right here, the White - Leasure on this area, and I would say if we can work this out with White -Leasure and make this area work where we have connectivity together, if we can work that out — I have been working with Walgreens and White -Leasure to make this happen, if we can make that happen, we would request that this connectivity here be removed as a requirement. And I stand for questions if there are any questions. De Weerd: Council, any questions? Other than why don't you just move the building towards the road. Smith: Move this up like that? De Weerd: Uh-huh. Bird: You don't want parking behind it. 0 0 Meridian City Council September 19, 2006 Page 17 of 68 Smith: I'm song? Bird: You don't want parking behind it. Smith: Yeah. That's just very difficult to access. These retailers have studied that a lot. Many have tried that. In large, large, large cities perhaps it will work. In these areas these retailers just will not do that. Bird: There is not one big box store -- Smith: I'm sorry, Councilman Bird? Bird: Not one big box store, it's a -- it's more than one retail outlet? Smith: This right here is just one retail store. Bird: Oh. Okay. Smith: It is just one. De Weerd: If I can find areas other than large, large, large cities that make it work, would that make a difference? Smith: Here they just won't do it, so -- it just makes the most sense for this layout to happen this way. This road is going to be widened. By bringing people all the way around I think you create other issues as well, just being able to have it here. Visibility also is a very important element from this area. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I agree with -- if you can get White -Leasure to go through down there on the north end. To me that works out better than -- that way they only have to go through a small part -- that development only goes through a small part of the parking lot before they get on -- Smith: Right. Bird: Or if you bring it through here they got to go down the side. Smith: This really increases the safety of the drivers here, as well as the potential drivers here, and especially Roaring Springs. It really -- this whole corridor becomes much safer with this layout. And believe me, Madam Mayor, we would love to do that, but the depth of this thing is just such a shallow thing -- I don't know if you would want to Meridian City Council September 19, 2006 Page 18 of 68 have a full road that way, even if you could with the layout, just because your depth is so short, so shallow there. De Weerd: Council, any questions? Comments? Okay. Bird: Getting the signal in there takes care of two problems. De Weerd: Oh, yeah. It's difficult getting out of Sandman and JB's and that gas station, I would imagine that that would continue west and access at that first access point that lines up with your development; is that correct? Smith: I believe this one will remain, because that's in use currently. What we were able to do is the people who had rights here, we were able to move them further to the west -- farther to the west, as well as White-Leasure's. He has a permitted full access here as well, but by moving these -- all these accesses farther to the west it keeps them out of the stacking lane and it just cleans this up as well. So, all these owners have been involved, they have been very good to work with. It's taken some negotiation, but, overall, it seems to be a great plan for the entire area. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Is this -- I'm just curious. Is this on the slope, on that decline right there? Smith: Yeah. As you come in here -- this is the least severe topography right here. Right here you will come in and you will go down a little bit to enter Walgreen's. Borton: When you're on Overland heading east, though, were you headed -- are you well into the descent down the hill as you try and tum in? Smith: No. Right here -- this line here is the property line. Up here you're above the hill and, then, the hill falls right there. But it is less severe here than especially here. This would be a huge ramp of up to 12 to 15 feet that would be -- I don't know how much this would be used even if that large ramp were used -- were placed there as well. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If, in fact, the agreements are in place or about to be in place, I would applaud Brighton for doing the negotiations to get that done and once we had those agreements run through our legal staff, I would be happy to entertain a possible solution, but I'm not going to entertain anything as it relates to changing the access until I see that those agreements are in place, because sometimes they -- they are fleeky at times. So, not that what they have done is a bad thing, they have done an excellent 0 Meridian City Council September 19, 2006 Page 19 of 68 thing, and I think it really solves some future problems with ACHD's development out there, but I'd just like the assurance that those are in place and I'm sure ACHD would as well and they advance the design for that improvement. So, with the receipt of those, I would be okay with entertaining their request. De Weerd: Okay. Any further comment, Anna? Canning: Yes. The applicant would need to -- or White -Leasure would need to modify their development agreement just from Mr. Smith's information. So, I guess once you have those -- it sounds like Council, once you have those other agreements in place, would like a miscellaneous applicant for a DA modification. And I see nods. Smith: Of White-Leasure's? Canning: Yes. Bird: That would be my -- Smith: Just -- Madam Mayor, if I may speak. ACHD, that is exactly what they have required, is that we -- obviously, they don't want to do any of these things until we have those agreements in place, which is just fine. One thing that probably would help us, so we wouldn't have to come back, if this says if, indeed, we were able to get those and ACHD were to sign off, that it would be allowed, as opposed to having to come again and request that. De Weerd: Does that sound reasonable? Rountree: Madam Mayor, I believe that they would have to do something to modify the Findings of Facts, so though I could agree that it's reasonable, I don't feel that I can agree without having some process to modify the record. I leave it to Ted or Anna to answer that. Canning: Madam Mayor, Members of the Council, for White -Leasure I know we tied them to a concept plan that this differs from. So, we definitely need to modify that development agreement. For the other properties, I have not done the research, but I don't believe they have development agreements on them. For the changes to the parking lot design for Roaring Springs, they will just need a certificate of zoning compliance. That's just a staff level. De Weerd: So, it doesn't sound like this applicant would need to come back, just White - Leasure. Canning: Yes, ma'am, Members of the Council, this was approved and annexed with a development agreement that was dropped in 2004. Mr. Nary did the research, apparently, and the Queensland Acres development agreement was dropped. So, it has zoning and no development agreement at this time. Yeah. I was surprised, too. 0 0 Meridian City Council September 19, 2006 Page 20 of 68 De Weerd: Okay. So, Mr. Baird, what do we need to do from Council at this point to indicate support? Baird: Madam Mayor, I think you have given staff direction and the representative here from Brighton direction that they -- to added to the negotiation list, they have to help White -Leasure bring in their modification of the development agreement. So, what I'm hearing you say is if we bring that forward and everything's in place, that you take action on that with the proper documents in front of you. So, I don't think any motion tonight is necessary. De Weerd: Does that give you what you -- Rountree: I'm more concerned about folks here, that they understand what they need to do without some false expectations. I think we can make it work. I guess that's what we are saying. Smith: Okay. Rountree: Fairly straight forward. Smith: So, my understanding is just -- Madam Mayor and Council Members, just to be very clear, we need to help White -Leasure -- White -Leasure needs to bring in and modify that curb cut, moving it, basically, on our property, but that as far as that access -- is it at that point that you will remove that requirement or is the requirement removed as that occurs? Baird: Madam Mayor, Members of the Council, we are talking chicken and egg here. I think that the planning staff can sort of give you the road map of the miscellaneous application for that development agreement change, but it is currently part of the development agreement that White -Leasure has a cross -access easement, so that would definitely have to be removed before any of these changes are to be considered by the Council. It could all be considered at the same time. Smith: I see. Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: And to the extent, like Councilman Rountree brought up, that we can secure the agreements for the access -- the cross -access -- excuse me -- the alignment to the properties to the north, we see that as -- well, that's -- Smith: And, Madam Mayor, City Council Members, that's a requirement from ACHD. So, they will not let that through until that occurs. 0 Meridian City Council September 19, 2006 Page 21 of 68 De Weerd: Okay. Smith: Thank you. De Weerd: Thank you. Council, if I kind of disappear in the middle of one of these items -- my mother-in-law and sister-in-law are arriving from Holland and they were going to stop by here to say hello. So, it's not anything you said, I'm just going to step out for a moment. Okay. Item C-3. Canning: Madam Mayor, Members of the Council, I believe you received or had an e- mail forwarded to you with -- from Mr. Pete Friedman with Ada County asking the City of Meridian to waive the 45 day review period for their new Ada County Comprehensive Plan. We have been on the steering committee since the inception and have actively participated in that. They had a draft out to us in July, so as staff we felt we didn't need the other 45 days. We have already provided our comments. Since that request came this morning, they were not able to get one of the city's to agree to it, but if the City of Meridian would still like to support the process the Ada County has gone through to this point in taking in all our opinions from the beginning, you can still do that or you can just not do that, because it's going to end up they are going to have to wait the 45 days anyway. That wasn't very clear. So, if you would like to -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Anna, what -- staffs happy with it? I mean they have -- Canning: We have provided our comments already. We felt we had adequate time to comment on it. We don't need the 45 days. Bird: I don't -- I don't see any problem with it, then. If they feel comfortable. De Weerd: Okay. So -- Canning: If you could take a vote, then, I will just let them know that the Council voted to waive the 45 days -- De Weerd. Okay. Canning: If that's the way the vote ends. Rountree: Madam Mayor, my vote will be swayed somewhat by Ada County's timeliness in working on the applications we have before them as well and they were unclear what their time line was going to be the last time I asked and I understand they Meridian City Council September 19, 2006 Page 22 of 68 are busy, but so are we. If we give them 45 days here, might they give us a couple weeks on ours? I don't know. Canning; Madam Mayor, Members of the -- Rountree: If there is some way we can request a waiver. Canning: Madam Mayor, Members of the Council, when we noticed that this was going up, we called immediately and said, hey, by the way, is our area of city impact amendment on there and we were told that the file had not yet been opened. We have requested a very specific timeline on when that file will be addressed. It could not be addressed with the Comprehensive Plan, they would have had to have noticed last week, so we are at least six months from whenever the planning and zoning commission takes action on the Comprehensive Plan. De Weerd: There is the cheery news for the day. And I will keep you -- we will nag them until we get a specific timeline and I will make sure that the Mayor is aware of whether or not they meet those timelines. Rountree: Well, I guess maybe we could do better. But it's not going to buy us anything. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Understanding that there is another city yet to be named that is unwilling to grant the waiver of the 45 day review period, but to the extent that the City of Meridian continues to be, always has been, and always will be at the forefront of cooperation of planning throughout this valley and be a leader, a pillar for other cities to follow with regards to any opportunity to work hand in hand as one region to facilitate a greater good, I would move that we waive the 45 day period with Ada County understanding that that we do so in eager anticipation of their continued cooperation with the City of Meridian and their expeditious work on our applications, maybe finding the file and opening it and our receiving word of our vote. Rountree: I will second that gentlemanly approach. Bird: Question, Madam Mayor? De Weerd: Mr. Bird. Bird: Discussion. The maker of the motion -- now, that's -- we are just waiving it for the Ada County Comprehensive Plan; right? Borton: Yes. Correct. 0 0 Meridian City Council September 19, 2006 Page 23 of 68 Bird: Okay. Not for everything. Borton: No, sir. De Weerd: No. I guess I would ask Dean to, please, submit that language to the planning director so she can appropriately communicate that to Ada County. If there is no further discussion, I will ask Mrs. Smith to, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Canning: Yes, Madam Mayor, I was going to ask how you wanted me to memorialize that very eloquent speech, so -- Rountree: With a ribbon. Canning: Okay. I will do that. De Weerd: A scroll would be -- a red ribbon. Rountree: Maybe with a watch. D. Parks Department 1. Discussion of Proposed Fencing Changes at the Meridian Youth Baseball Complex: De Weerd: For our next -- our parks department, Mr. Strong. We have a lively group, Mr. Strong. Strong: Kind of hard to follow all that. Thank you, Madam Mayor, Members of the Council. I have an update for you to consider tonight on construction that's progressing on the Meridian Youth Baseball complex and I hope at this point in time that you have all had the opportunity to drive by on Ustick Road and see that there is progress being made there on that particular project. But in a recent meeting with representatives from Meridian Youth Baseball and McKlvain construction, the general on the project, one of the issues that came up is the fencing of the ball fields, which is -- we are at that point in construction where that's one of the next things we will be doing on the larger field that you see -- this is, actually, north is this direction. So, these are -- the two large fields on the eastern portion of the complex. The reason I'm here tonight is when you originally approved this concept design we discussed installing removable outfield fences on about -- that would start about here and go north this way, so that in the off season for Meridian City Council September 19, 2006 Page 24 of 68 baseball it would make the soccer fields that are currently being used there available for soccer play, Optimist football practice, or those kind of events. That was a couple years ago. And since that time with progress on the PAL soccer complex on North Ten Mile and some of the -- the opening of the other parks for more practice fields in town, the need for that additional play space or practice space doesn't seem to be as important as it was back at that time. So, in looking at construction costs and that, what's being proposed and what I'm here to discuss with you tonight, is the installation of permanent outfield fencing, rather than temporary outfield fencing. For a couple of reasons. Probably, the most important reason is just the maintenance of the putting them up and down and the wear and tear on fencing as you do that and a current example of that -- apparently Heritage Middle School has removable outfield fencing that Meridian Youth Baseball is currently involved with and in just the short time that that school has been open and they have been working with those fences, they already see considerable wear and tear on that fencing as they take it up and put it down and, of course, the other issue as we develop the park is storage of that fencing when not in use. It doesn't change our ability to program those fields for use, because we can -- we can, actually, put full soccer field inside the outfield fence. The other issue that came up that was not discussed the last time we looked at it was out -- there is about, I think, a ten foot strip that's kind of a warning track as you go -- as you're headed out to get an outfield fly, it's kind of a soft warning that you're about to hit the fence and that's a permanent installation that goes in and so that if we took the fencing out that outfield track area would still be there, so it really makes more sense to just move any fields that we need in the future inside the fence. So, what I need from you is your approval to make that kind of minor change in how we proceed with the installation of the fencing on that property and I want to point out very importantly that it costs less to do it this way. It also costs less over time to maintain. So, there is kind of prudent use of public money here, too, in making this change, which I think is very important. De Weerd: Thank you. Strong: With that I will stand for questions. De Weerd: I'm glad you got that pointer to work, just for the record. Strong: I pushed the button -- I don't know. De Weerd: Too bad he already left. Okay. Council, do you have any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I think it's a great idea. I think we need to put it in permanently. Temporary fences are maintenance nightmares. Strong: I agree. Meridian City Council • September 19, 2006 Page 25 of 68 De Weerd: It sounded good at the time, didn't it, Keith? Bird: Uh? De Weerd: It sounded good at the time. Bird: Yeah. It did sound good at the time, but we didn't plan on having that nice 30 acre park out there for soccer. De Weerd: And, Council, that is the reason this is in front of you, because that was part of the discussion and we didn't want to make any changes without Council's knowledge and opportunity to comment. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Certainly I agree. I think it's a -- permanent fencing is -- would be -- certainly could cost less and would maintain much better. I think it's a good idea. I'm interested to hear about -- not at this time, but at a later time how you can layout some soccer fields within that outfield area. Bird: Absolutely no problem at all. Wardle: And also understanding that the warning track's important and while you see some of videos on ESPN with people going through the wall, it looks like it hurts, so I would certainly support the permanent fencing idea and continue with construction. De Weerd: Okay. Rountree: Madam Mayor, I agree. I think that we were talking temporary at the point in time when we had limited facilities. Now with the expansion of the soccer complex and this, I know of fields that we have in Meridian, not necessarily in the Parks and Recreation Department that have temporary fences that have never been moved. So, I think this is a right move, so -- De Weerd: Thank you. Mr. Borton? Borton: Madam Mayor, I agree with the fellow Council members. The fact that it saves money is definitely an added perk. I'm also saying that I think, Doug, you were looking for some direction with regards to the warning track on the inclusion of that, incorporated with permanent fencing? Strong: We can certainly add that. That was not discussed when we talked about temporary fencing, but that is fairly typical of these larger fields where they are headed 0 Meridian City Council September 19, 2006 Page 26 of 68 0 out, usually at full speed, so it is kind of an important consideration. The smaller field you don't have that kind of play, where it's less of an issue. Borton: It makes sense, Madam Mayor, at least for the large fields, to include the warning track, which you referenced with the permanent fencing. De Weerd: Okay. I don't think we need a motion, we just needed to have the discussion. It sounds like Council is favorable and if there isn't any opposition, we will just go ahead and move forward. Council, any issues? Okay. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: With the chance to do so publicly, again, thanking you and Trace. Tell Trace to continue with the hard work in getting this project going quickly. We appreciate it, so -- Strong: Okay. Thank you. De Weerd: Thank you. Rountree: I second that. De Weerd: I third it. You can never say you come to this Council and they make decisions before they get here, because this is public discussion at its finest. E: Public Works J. Award Bid / Approve Contract for the Wastewater Treatment Plant Bjosolids Improvement Project with The Ewing Company: De Weerd: Okay. We have one last item under Department Reports. That's our Public Works Department. We have removed item J from the Consent Agenda and it is in front of you right now. I'll ask Len for comments. Grady: Madam Mayor, Members of the Council, you have received the package for award of contract for 10.3 million dollars for the bio solids expansion at the wastewater treatment plant. That award would go to Ewing Construction. We are a little bit concerned about budget and with this budget ending, we would like award of that contract conditional and conditional pending a budget amendment the first part of next year, which is a couple weeks away. So, we'd like to push forward as quickly as possible with award and, then, just hold final signature until we complete a budget amendment. That budget amendment would be two to three hundred thousand dollars. Meridian City Council September 19, 2006 Page 27 of 68 De Weerd: Okay. Len, have you talked with Ewing Company and are they fine with that? Grady: I haven't, but it's -- we normally allow ourselves quite a bit of time before actual award, so I think we are ahead of that time frame. And, then, additionally, they normally take about ten days to get contracts back to us. So, I'm thinking first part of next year, October -- first Tuesday in October they will really be lucky to have the contracts back to us. So, this is really just in interest of public disclosure. De Weerd: Oh, this is budget year, not -- Grady: That's correct. De Weerd: -- calendar year. Grady: Sorry. De Weerd: I thought, wow, we are really missing some weeks there. Okay. Council, any comments about this request? Rountree: Madam Mayor, no comments about the request, but I just want to point out that this is an excellent bid that we have received. The engineering estimate was for 13 million dollars. So, it's not like you have gone to a sale and saved 13 million dollars, but, in fact, the estimate that we received is a good one and it's far below what we anticipated. De Weerd: And I guess, Len, to add to that compliment, is that the next bidder was like 14,000 -- Bird: Sixteen thousand. De Weerd: Sixteen thousand dollars away. So, the bid project -- or bid package was very well written and we appreciate that work. Grady: Yeah. It was very tight. I think that's less -- that's around 1.5 percent difference. So, we are pretty proud of that, so -- De Weerd: Very good. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Could I bring up -- you know, actually, what we do on budget amendments, usually have always done in the past is we do it once a year and it's towards the end of the fiscal year. So, what -- normally you get with your liaison and do it and, then, it Meridian City Council September 19, 2006 Page 28 of 68 comes before the Council in August. We usually take care of all that stuff -- that deal. So, I don't know why we have to -- this is on a recommendation. I mean the paperwork and stuff isn't going to be done before October 1 st anyway. Grady: No. I think it's more just in the interest of public disclosure that by awarding it this year -- this year's budget we are around, you know, a couple hundred thousand dollars shy. We do -- we can make a budget amendment October — first part of October and make that difference up. Finance has closed the budget amendment for this year, so -- Bird: And another thing, Len, that I look at on it -- and I -- we do need to disclose it, but that's not a year contract. That's going to be, what, two years? Grady: Yeah. Bird: Two years. So, you're getting into fiscal '08 budget. Okay. I just want to point that out, that we normally do our budget amendments at the end of the fiscal year. De Weerd: And that's correct, Mr. Bird, but as we know of the difference between cost and budget, we like to have Council's actions just to okay that overage and it is taken care of in one major motion, but we like to have them happen as they happen, that that made sense. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: That's Item No. 10 on our agenda this evening. Bird: Yeah. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If there is no further discussion, I would move that we approve a 10.3 million dollar bio solids expansion to the wastewater plant to the Ewing company, recognizing that there will be a budget amendment in our next budget cycle. Bird: Second. De Weerd: Okay. I have a motion and a second awarding the bid to Ewing company. Is there any further discussion? Okay. Mrs. Smith, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. Meridian City Council September 19, 2006 Page 29 of 68 MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: De Weerd: Thank you. Okay. That item was removed from the Consent Agenda, it was the only item removed. Item 8: Tabled from September 5, 2006: FP 06-038 Request for Final Plat approval for 5 single-family residential building lots on 1.06 acres in an R- 8 zone for Windsong_ Subdivision No. 2 by Landmark Engineering & Planning — north of Ustick Road and west of Linder Road: De Weerd: So, I will move to Item No. 8, tabled from September 5th, FP 06-038, and ask Anna if she has any comments. Canning: Madam Mayor, Members of the Council, we do have a letter from the applicant on Windsong stating that they are in agreement with the conditions of approval. De Weerd: Okay. And they have accepted condition number nine? Canning: Yes, ma'am, they have. De Weerd: Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FP 06-038. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 8. Mrs. Smith, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 9: FP 06-041: Request for Final Plat approval for 26 single-family residential building lots on 4.17 acres in an R-8 zone for Paramount Subdivision No. 14 by Paramount Development, Inc. — west of Meridian Road and north of McMillan Road. Meridian City Council September 19, 2006 Page 30 of 68 De Weerd: Okay. Item No. 9 is FP 06-041. It looks like the applicant is in agreement with the staff conditions? No, it's not. Canning: Madam Mayor, Members of the Council, this is Paramount Subdivision No. 14 and it's this area right at the center of the spine road that comes into the -- the school lot and it is an alley -loaded product, so you can see the two alleys here and the road down the center of it. For the Paramount preliminary plat they -- the applicant requested both detached and attached dwellings along alleys, but they did not specify in the preliminary plat where those different units would be, they just asked for a mix of them. They had different standards for the attached versus detached. Given the width of these units, one would anticipate that they would be detached. The attached units were approved with a much narrower width, 27 feet versus 36 feet, I believe, so what has happened is Public Works has asked for their standard five foot public utilities drainage and irrigation easements on the interior side lot lines for areas where the structures will not be spanning the lot lines and the applicant would -- does not want to do that, because they haven't determined exactly how those attached units may sit on those lots yet. They are allowed to have up to four dwellings attached, so four, then, three, then, two, then, two, then, four, however they want it, but there would never be five dwellings creating in one structure. So, staff -- as I said, Public Works staff is looking for that -- what they call the PUTE easement. We did work up some language that may be acceptable -- I had forgotten to run this by Mr. Walker, but I can -- I'll read it now -- graphically depict a five foot PUTE easement along interior lot lines, not being spanned by structures prior to signature on the final plat. That's the one that's in there now. Or submit a CZC for each structure. You will be required as part of that approval to record a five foot PUTE easement along interior lot lines not being spanned by structures prior to occupancy. So, this seemed to meet both needs, but it means that we will have to do a CZC for every structure. Now, a structure may have three or four dwellings, but we would be required to do a CZC for each structure as they go in on those. It could just be one dwelling also. De Weerd: Okay. Would the applicant like to comment? If you will, please, state your name and address for the record. Walker: Yes. Thank you. Madam Mayor and Council, Jay Walker representing Brighton Corporation, 12601 West Explorer Street, Suite 200, Boise. I think what Anna has proposed -- may I ask one question of Anna? Does a CZC -- remind me of -- of the process there and the timing, Anna. Canning: Madam Mayor, Members of the Council, if you'd like me to. The certificate of zoning compliance is a staff level approval. It takes from one to two weeks. We are trying to get it back to one. It was up to two weeks for awhile, but we are trying to get it back to one. Walker: And that was my only concern. We are currently with the PUTE designation over some interior side lot drainage and utility easements. We are in an eight month laborious process to try to get those vacated on another subdivision and that was the Meridian City Council September 19, 2006 Page 31 of 68 greatest fear, actually, to have to go through that laborious process, not knowing which are attached and which are detached at this point, until those lots are sold to our building team and they make that determination. I just at this point wanted to avoid that conflict and avoid that laborious arduous process of trying to relinquish those easements. So, if -- I would -- I guess I would prefer not to have this -- the request of a CZC as well, I mean if we could eliminate those side yard lot easements, interior lot line easements, that would be my preference. But if this is a happy medium and one which the Council and Madam Mayor request and require, then, I am definitely able to meet that demand. One week or two weeks is far better than eight months is what I'm saying. Wardle: Council, questions? Rountree: I think -- Wardle: Mr. Rountree. Rountree: I don't know if there are any other issues -- any other conditions. That was the only one that you were -- Walker: Yeah. Councilman Rountree, that was -- we are in compliance with all of the other staff comments and conditions. Rountree: Thank you. Walker: Thank you. Bird: Mr. President? Wardle: Mr. Bird. Bird: I'd like to hear from Mr. Len on -- regarding a Public Works view on this deal. I got some concerns on those right of ways -- easements. Grady: Councilman Bird, we have been -- we have tried to be consistent in requiring those drainage and utility easements. We have gone to the UCC and talked to the various utilities and although they are not used extensively, where they are required they are very very useful to these various utilities. It's one of those that we are -- they are difficult -- people don't like giving them, but one of these days in the future they are going to be very useful. If Council wishes to relax that, you know, I'm okay with that, I'm just trying to support what's required from the city engineer's standpoint, so -- they are also a drainage easement, so, you know, drainage coming down through those lots, you don't want permanent structures built on those in addition to the utility easement. Wardle: Thank you, Les. Mr. Rountree. Meridian City Council September 19, 2006 Page 32 of 68 Rountree: Mr. President, another question for Len along those same lines. Given that there would be, under the CZC -- it's hard to -- it sounds like a rock group. Under that condition there would be not necessarily uniformly spaced, but incrementally spaced in a development like this. Would that typically meet the requirements and a follow up to that is there a utility easement on the alley -loaded portion of that as well? Grady: To answer your first question, yes, we are all right with running in between the structures. We think that's fine and we believe that's a compromise that we can enforce. As far as an easement on the alleyway, I'd have to take a quick look. I can't say for certain. Rountree: Mr. President, maybe that's a question for the applicant, if they are aware of an easement required in the alleyway. Tough questions tonight. Walker: As I'm looking at the preliminary plat, there does not show any requirement of an easement along the alleyway. Rountree: Okay. Grady: Just a follow-up note. The preliminary plat did have the requirement for the PUTE. So, this is not a -- this is not a new issue, it's just to try to accommodate the attached structures. Rountree: Thank you. Wardle: Council? Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: I would move that we request the final plat approval FP 06-041, with the condition that the CZC, as opposed to the PUTE -- Bird: Second. Wardle: It's been moved and seconded to require the easements to come forward as a condition of zoning compliance of the planning staff in the approval of Item 9. Mrs. Clerk, will you, please, call roll. Rountree: Anna has -- wants a clarification I'm sure. Wardle: Anna, additional -- Canning: President Wardle, Members of the Council, I think perhaps I wasn't clear. What we were recommending is that you give them the option. If between now and Meridian City Council September 19, 2006 Page 33 of 68 signature of the plat they are able to work with their builder team and determine where those attached units would be, we wanted to leave open the option that they show them on the plat, thereby, making it easier. So, if you could -- if you're comfortable with the wording I have provided, if you could reference that that would -- Wardle: To clarify the motion -- the maker of the motion referencing planning director's suggested language within this motion? Rountree: I agree with that. Bird: Second agrees. Wardle: And second agrees. Thank you. Please call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 10: Public Hearing: Amendments for 2005 / 2006 Fiscal Year Budget: Wardle: Item No. 10 is Public Hearing on Amendments for 2005-2006 Fiscal Year Budget. I will begin with our finance director. Kilchenmann: Okay. You have before you a color -coded budget amendment and all these items we have discussed previously, so I'm not going to go over each item, unless there is a question. What we are doing is we are taking a budget of 89,315,371 dollars, amending it for 3,103,134 dollars, to arrive at an amended FY -06 budget of 92,418,505 dollars. And as we have noted through this process -- and you can see by the handout this is all not just strictly an addition of expense, but often expense offset by revenue. For example, for park impact fees, different grant revenue, some donations, et cetera. So, are there any questions? De Weerd: Council, any questions? Bird: I have none, Mayor. De Weerd: Okay. I would need a motion to approve. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: It's a Public Hearing. • Meridian City Council September 19, 2006 Page 34 of 68 CJ De Weerd: Oh, I'm sorry. Just trying to help the process. Is there anyone in the public who would like to testify on this item in front of us on the budget amendments? Okay. Hearing none, I would entertain a motion to close the Public Hearing. Bird: So moved, Mayor. Rountree: Second. De Weerd: I have a motion and a second to close the Public Hearing on Item No. 10. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. Is there any discussion or do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I believe we need to read the ordinance by title only and, then, we can pass it or — Item 11: Ordinance No. 06-1264 Amendments for 2005 / 2006 Fiscal Year Budget: De Weerd: Yes. I will move, then, to Item 11, Ordinance No. 06-1264. 1 will ask Mrs. Smith to read this ordinance by title only. Smith: Thank you, Madam Mayor, Members of the Council. We have -- and pardon me, I got ahead of myself here. Ordinance 1264, an ordinance of the City of Meridian, Idaho, amending Ordinance No. 05-1180, the appropriation ordinance for the fiscal year beginning October 1, 2005, and ending September 30th, 2006, appropriating additional monies that are to be received by the City of Meridian, Idaho, in the sum of 3,103,134 dollars and allocating additional expenditures and providing an effective date. De Weerd: Thank you, Mrs. Smith. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Thank you. Okay. Council? Bird: Madam Mayor? De Weerd: Okay. Mr. Bird. Bird: I move we approve Ordinance 06-1264 with suspension of rules. Rountree: Second. Meridian City Council September 19, 2006 Page 35 of 68 De Weerd: Okay. I have a motion and a second to approve Item 11. If there is no discussion, Mrs. Smith, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 12: Continued Public Hearing from September 12, 2006: MI 06-007 Request for Modification of the Development Agreement for Cherry Lane Christian Church for removal of the Conditional Use Permit requirement for construction north of Ten Mile Creek by Cherry Lane Christian Church — northwest comer of W. Franklin Road and N. Ten Mile Road: De Weerd: Okay. Item 12 is a continued Public Hearing from September 12th on MI 06-007. Anna. Canning: Madam Mayor, Members of the Council, this is the Cherry Lane Christian Church project, located at the northwest comer of Ten Mile and Franklin. The project is currently zoned C -N. The applicant seeks to remove the requirement for detailed conditional use approval for development north of Ten Mile Creek. This is a development agreement modification. To support that request, they are presenting a concept of how that area will develop and I will -- this is the concept plan for the whole site. What they are asking for is just approval to develop this triangular portion without having to go through the detailed conditional use approval. The development in that area includes a gazebo that they received temporary use approval for for their grand opening. They would like to keep that there. And, then, just in general they are developing this as a park area for the church. It's kind of a rose garden and walking paths and landscaping and the gazebo and, then, it also has a caretaker dwelling for oversight of the area and for general oversight of the church property. So, they are asking for just this comer to be exempted. The rest of the property would still be subject to detailed conditional use approval at the time they would like to develop and to refresh your memory, the reason you did that is because at that time they -- they have had this kind of footprint for the structure, but they have not had any elevations to go along with it, and because they weren't able to provide those, Council asked that they seek detailed conditional use approval. De Weerd: Okay. Canning: Let's see. I think -- the staff is in general support of their request. We don't see any need to do the Conditional Use Permit for the area north of Ten Mile. If Council does decide to approve this request, if in your motion you could direct the legal department to draft an amendment to the development agreement, we would appreciate that. De Weerd: Okay. Thank you, Anna. Any questions for staff at this time? • Meridian City Council September 19, 2006 Page 36 of 68 Bird: I have none, Mayor. De Weerd: Is the applicant here? If you will, please, state your name and address for the record. Pardue: Steve Pardue, 1010 South Allante, Boise. De Weerd: Thank you. Pardue: BRS Architects is the applicant for Cherry Lane Christian Church and we are in full agreement with staffs recommendations at this time. De Weerd: Okay. Pardue: Open for questions. De Weerd: Mr. Rountree? Rountree: Madam Mayor, I have a question on -- not the concept, but the plan we see before us has three points of access off of Ten Mile for that relatively small parcel and I'm not sure if that's what you intended to do and if you have agreement from ACHD, but it seems to me in trying to consolidate and minimize the points of access on some of those major arterials, that one ought to be sufficient. So, what is the concept with that? Pardue: Councilman Rountree, that the northeast comer property is actually a property that's subject to purchase by the City of Meridian to be used as a future well site and so that's, actually, proposed access specifically for that well site. Rountree: So, that is an individual lot up there? Pardue: It is. Rountree: Okay. Pardue: And the other two access points below that -- this other one is primarily for public and church use to access the park. And, then, the third access, the triangular area below that, is, actually, for access to a maintenance building and bus parking. And so that's more an accessory function specifically for larger vehicles whereby those were not intended to be mixed with public vehicles. It's a limited use. Rountree: Thank you. De Weerd: Okay. Any other questions from Council? Okay. Thank you. Pardue: Thank you. 0 Meridian City Council September 19, 2006 Page 37 of 68 E De Weerd: This is a Public Hearing. Is there anyone in the public who would like to provide testimony on this application? Seeing none, Council? Rountree: Madam Mayor, I would have a question for Gary on the access, if he would - I hate to see you waste your evening and not get an opportunity to say anything to us, so-- Inselman: Thank you very much. De Weerd: We have been working hard on that lately, haven't we? If you will, please, state your name and address for the record. Inselman: Gary Inselman representing ACHD, 3775 North Adams, Garden City. Rountree: My question, Gary, is you heard the explanation on the curb cuts on this with the future expansion of Ten Mile. Is that something that's consistent or would be approved by ACHD? Inselman: I have to admit off the top of my head I don't remember what we approved with the original applicant. I do remember discussion of trying to consolidate those and not understanding why the city couldn't access through the church property and needed their own driveway to the well lot or a driveway at what was an existing house, which has now been removed, you know, we would prefer that, you know, these limited use driveways be removed and take access off the parking lot would be our preference, but I don't recall what we specifically approved with the original app. Rountree: Thank you. De Weerd: Okay. Len, do you have any comments on accessing through the parking area? Grady: Madam Mayor, I think we could make do if -- if required. However, I just -- the amount of traffic going into that well lot will be, you know, once a day to check for problems and when we -- a lot of times when we do access those well lots it might be with a service truck or in extreme cases even be drill rigs. But if required we could take access off the main parking lot, provided we have some sort of cross -access easement or something along those lines. De Weerd: Okay. Mr. Rountree, do you have any further questions? Rountree: I have no further questions for now. De Weerd: Okay. Would the -- 11 Meridian City Council September 19, 2006 Page 38 of 68 0 Pardue: Madam Mayor, Members of the Council, the current approach as indicated are the -- are the current plan and layout of the design of what ACHD has actually approved, just for the record. De Weerd: Would you be open to allowing the city cross -access through the parking lot? We certainly look to minimize access points where at all possible. Pardue: This is, actually, the first comment received from the city in regards to that request. I think the Cherry Lane Christian Church could be amiable to that suggestion, but this, obviously, is the requested plan. De Weerd: Okay. Any other questions from Council? Thank you. Okay. Council? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Hearing no more discussion, I move we close the Public Hearing on MI 06-007. Rountree: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Item 12. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: For Anna I guess -- well, actually, Madam Mayor, if you can answer this for me. At what point -- we sort of danced around the access issue on the northernmost access. They are sort of agreeable to it and we sort of want to get rid of it? When is that issue going to be resolved? De Weerd: In your motion. Borton: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'll make one statement. It certainly don't affect my vote one way or the other, but I don't have any problem leaving the access up there for our well lot for the simple fact is if you got something going there and we need to get in there with a service truck or a 0 Meridian City Council September 19, 2006 Page 39 of 68 larger truck or something, I don't want our guys to have to run through a parking lot full of cars and kids and everything else. And I don't think it's that close, there is not going to be that -- that much traffic in and out of there and that area is used to three cutouts anyway. There was two houses there that each had their own driveways and farm equipment come out of the other, the northern one. So, that certainly isn't going to weigh my vote one way or the other. I don't see why we can't leave it in. De Weerd: I guess, Council, our overall goal has been to limit access points and, in particular, on busy arterials. Ten Mile will be one of those busy arterials. It already is. And three points of access in less than a quarter of a mile is -- can be confusing to the motoring public. I do understand Councilmember Bird's concern about traveling through a parking lot, but one trip each day is not excessive. Certainly, we would ask this of others for this kind of consideration, I think we should ask it of ourselves. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If there is no further discussion, I'll make an attempt at a motion here. I move that we approve the request in Item 12 for MI 06-007, directing legal staff to draft an amendment to the development agreement as stated in the staff report and with the added condition that the staff, Meridian Planning and Zoning, and that the applicant and their staff sit down and consolidate the points of access on Ten Mile Road to accommodate potential use by the city for a well lot and use by the church for access to their maintenance facility. Bird: Before I second that, are you -- are you stating one access -- De Weerd: Mr. Bird, I'm song, you need to second it and, then, have discussion. Bird: I'll second and, then, I'll ask questions. De Weerd: Thank you. Bird: I second it. Madam Mayor? De Weerd: Yes. Bird: Now, are you going to have two accesses or one? Rountree: One. Bird: One access. Baird: Madam Mayor? 0 0 Meridian City Council September 19, 2006 Page 40 of 68 De Weerd: Mr. Baird. Baird: Could I ask a clarification to the maker of the motion? Would that include the requirement that the church grant the city a cross -access easement through the parking lot, so we could reach our well lot? Rountree: Yes. De Weerd: Unless the city could accommodate the church property or vice -versa. Baird: Vice -versa. Okay. De Weerd: Okay. This is -- this is different from the questions that were asked. Is it enough to ask the applicant if -- I guess -- Baird: Madam Mayor? De Weerd: Mr. Baird. Baird: I hate to suggest that we delay this another week, but some issues have come up that are going to require some negotiation between the parties involved. Perhaps it might be wise to bring back a firm proposal, if that's your desire. Rountree: Madam Mayor, the maker of the motion would recall my motion. Bird: Second would agree. Rountree: And make a motion that we continue this Public Hearing for another week, with the opportunity of staff and applicant to get together and talk about the access issues off of Ten Mile as it relates to the future well site for the City of Meridian, parking access for the park and access by the church for their maintenance facility for the park. Bird: Madam Mayor, I would second that and you did reopen the Public Hearing; right? De Weerd: With this motion we will. Bird: Okay. Rountree: Yes. De Weerd: Okay. I have a motion to continue -- reopen and continue this until next week, so that the staff and applicant can get together on the access points to Ten Mile. Borton: Madam Mayor? De Weerd: Mr. Borton. 0 9 Meridian City Council September 19, 2006 Page 41 of 68 Borton: For discussion purposes, I'd just point out that I agree with the reasoning and goal of Councilman Rountree in his original motion and in support of that concept the parties work together to, hopefully, come to that conclusion. De Weerd: Okay. Okay. I would ask all those in favor say aye. Any opposed? Thank you. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: AZ 06-040 Request for Annexation and Zoning of 4.38 acres to an R-8 zone for Bellabrook Subdivision by JE Development, LLC — 300 South Locust Grove Road: Item 14: Public Hearing: PP 06-038 Request for Preliminary Plat approval of 20 residential lots and 4 common lots on 4.38 acres in a proposed R-8 zone for Bellabrook Subdivision by JE Development, LLC — 300 South Locust Grove Road: De Weerd: Okay. Items 13 and 14 are Public Hearing AZ 06-040 and PP 06-038. 1 will open these two public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the Bellabrook project. It's located south of Franklin Road and east of Locust Grove Road. So, the C -N property you see is the LDS stake house, so that gives you an idea. We have got Woodbridge to the south and this is kind of in between. It is an application for annexation and zoning and preliminary plat. The applicant requests R-8 zoning for 4.38 acres and preliminary plat approval of 20 single family residential lots. All of the homes within the development are proposed to be single family detached homes, with -- they are all single family detached. Here is the LDS church to the north. Here is the Five Mile Creek coming through the west -- east end of the property. And you can see the flood zones there. All that area is within an open space lot. This is a single family home here. They got all the topo lines on, so it's a little hard to read. I don't know if -- here we have one. And, then, these two would be stand alone single family houses without shared drives. All of the other units are proposing to share a drive. And let me explain how that's going to work. Here you have the street out in front. You have a shared driveway between two units and, then, you have your garage at the back of your unit. That way as you come down the street you don't have a wall of garages, you have a streetscape similar to an alley, except that the units are loaded in the -- or accessed from the back. Or accessed from the front, but the garages in the back of the lot. And they have some elevations here of a project that's in Eagle. You can see the common driveway going back and, then, the garage is at the rear of the property. I believe these example houses -- the applicant can tell you, but I believe these are, actually, on smaller lots than what they are proposing. However, the average lot size in the development is 4,961 square feet. And approximately 18.3 percent of the site is being set aside for usable open space. So, that equates to about 22.7 percent. I'm going to 0 • Meridian City Council September 19, 2006 Page 42 of 68 talk about that open space for a moment. As you see through Woodbridge, you get the -- the flood plain area was left -- and generally it's open state and you can see the riparian vegetation still through there and the walking paths are along that area as well. There is an opportunity to extend that all the way down to Franklin. This would be one small sliver in connecting that, but it is an important little slice. A lot of this property here is in the flood plane. This is one of our more sizable flood planes, actually. It spreads out fairly wide in this area, as you can see on their map. So, here you have the -- the flood way is not channelized, so it's fairly broad and, then, you have got the flood zones on either side. The gross residential density is 4.5 dwelling units per acre and the net density 6.02 dwelling units per acre. The Planning Commission did recommend approval at their August 3rd, 2006, Public Hearing. Ross Erickson spoke in favor of the application. No one was in opposition. Rod Cullip did comment on the application. The key issues of discussion by the Commission were whether the proposed R-8 zoning makes a good transition from R-4 and the surrounding rural properties, when this property is actually shown as mixed use on the future land use map. And they also discussed the feasibility of building and maintaining a fence and micropath and a flood way. The key Commission changes to staff recommendation were to delete a condition of approval related to curve radii on common drives. And, again, that was because the applicant is proposing straight common drives. To our knowledge there are no outstanding issues before Council and I will answer any questions you may have. De Weerd: Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Anna, would you go to the aerial? What kind of issue is created with the parcel to the east of that with -- which, apparently, would have access off of Locust Grove on that strip? Is there room to do anything there, to get a road in there, to -- Canning: This piece of property? Rountree: No, the -- Canning: This piece of property? Rountree: Right below the directional signal. Canning: Right here? Rountree: No. Down. Below the flag. Right there. Canning: Oh, there we go. Rountree: The flag lot. 0 Meridian City Council September 19, 2006 Page 43 of 68 • Canning: This -- this piece of property is the -- kind of the ying to this yang or the yang to this ying, I suppose. What they have done is provide a stub at this location. These are common lots along here, so this property owner has the ability to kind of mirror this pattern for a little while going back here. Because of the flood plane they will have less development opportunity. There is that flag coming out here that we would hope would be addressed in some fashion. It's not enough of a flag to put a roadway down. Rountree: It doesn't have a lane on it, does it? Canning: No, sir, it does not. That would have been the first thing I would have told you about had it. I believe it's a 30 foot flag. So, we can try and address that when this property comes in. It probably needs to be just relegated to open space. We would anticipate that these two developments would share a homeowners association given their connectedness or their ying and yang, as the case may be. De Weerd: Is that a planning term? Canning: Yeah. New planning term. Rountree: Madam Mayor, follow up. Do you anticipate that next parcel coming in or has that -- Canning: That may, in fact, Mr. Cullip and he has not approached the planning department. Rountree: Okay. Thank you. De Weerd: Okay. Council, any further questions for staff? Would the applicant like to provide testimony or comment or both? Nickel: Madam Mayor and City Council, Shawn Nickel, 148 North 2nd Street in Eagle, here tonight representing the applicant. As staff has indicated -- and as you can see, this is another one of those fun county parcels of questionable layout with the flag going back to the creek there. Be that as it may, though, we approached this layout looking for something that met the Comprehensive Plan that did provide for transition between the Woodbridge Subdivision, which is zoned R-4, and the church to the north, which is actually zoned commercial. De Weerd: Excuse me, Shawn. Nickel: Yes, Madam Mayor. De Weerd: Just to let the public know, we are looking at what you have already seen up on the screen, at this, as well as the larger -- well, the zoning areas. So, we are not seeing anything different than what you have seen. 0 Meridian City Council September 19, 2006 Page 44 of 68 Nickel: Thank you, Madam Mayor. As staff has indicated, we do have within the concept plan approximately 24 percent common area, of which 18 percent is usable. We did incorporate a pathway and the anticipation of that continued regional pathway that comes through Woodbridge, traveling along the creek and access to that. To address Councilmember Rountree's question about development to the east below that panhandle there, this right of way, actually, has been changed from that -- that black and white plat that Anna showed. What we are proposing is the entire boundary -- eastern boundary right here to be right of way. That will allow this property more flexibility to develop with the stub street or to have direct access onto this local street, if you wish, and, then, a street to the east for connectivity. That is a 34 foot wide roadway surface, so we can't provide parking on both sides. We are not proposing any deviation from the setback requirements of the R-8 zone and we did provide you with elevations and this is the Winding Creek Subdivision in Eagle. We have shown these elevations to you in the past, because it is really a neat development, and it does have that common lot -- or that common driveway concept, unlike some of the developments that we bring in front of you that have four taking access on that, this only has two. They are detached. We showed you the configuration right here on this diagram. This would be the elevations that will be on the lots. House sizes would range from 1,600 to approximately 2,600 square feet in size and -- I apologize for my voice. This is in a mixed use designation in the Comprehensive Plan and it does provide for the medium density of 4.57 dwelling units per acre, which is about the middle range of the medium density designation. The reason I provided that zoning map for you is just so you can kind of see -- and I know you guys know this area well, but to kind of see the mix of uses in this area, not only residential single family, but also there are some multi -family, there is industrial, there is commercial, a police station is over there. There is a church. It's quite an array of land uses on Locust Grove, which is -- as you know, has been recently improved with a stop light. So, we are real proud of this layout that we have right here. You know, it's a little tough to work with a strange parcel configuration, but I think we did a good job. We do have the connectivity in the open space. Because this is a smaller development, we weren't required to have any open space and I think we have provided a good transition and that future pathway, I believe, is very important to the city and to the residents to have that pedestrian connectivity throughout the city. So, with that I'll stand for questions. De Weerd: Council, any questions? Bird: I have none. De Weerd: Thank you, Shawn. Nickel: One last thing. The developer is in agreement with all the conditions as proposed by staff and P&Z. De Weerd: Thank you. Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. Council, seeing no further public 0 0 Meridian City Council September 19, 2006 Page 45 of 68 testimony, is there any additional information or discussion that is needed at this time? Okay. If not, do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we close the Public Hearing on Items 13 and 14. Bird: Second. De Weerd: Okay. I have a motion to close the Public Hearing on Items 13 and 14. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Any discussion? Okay. Council, if there is no discussion, do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve Item 13, AZ 06-040. De Weerd: I have a motion to approve Item 13. Do I have a second? Borton: Second. De Weerd: Okay. Any discussion? Bird: I have none. De Weerd: Hearing none, Mrs. Smith. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Well, it really is unfortunate, Shawn. I wanted to -- we wanted to give you a hard time. Oh. Okay. Do not have a lost opportunity. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Meridian City Council September 19, 2006 Page 46 of 68 Wardle: I move we approve Item 14, PP 06-038. Borton: Second. De Weerd: Okay. I have a motion and a second to approve Item 14. If there is no discussion, Mrs. Smith, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 15: Public Hearing: AZ 06-029 Request for Annexation and Zoning of 10.39 acres from RUT to an R-4 zone for Silversprings Subdivision by Reed Kofoed — south side of McMillan Road and west of Locust Grove Road: Item 16: Public Hearing: PP 06-029 Request for Preliminary Plat approval of 29 single-family residential lots and 4 common / other lots on 9.88 acres in a proposed R-4 zone Silversprings Subdivision by Reed Kofoed — south side of McMillan Road and west of Locust Grove Road: De Weerd: Okay. Council, Items 15 and 16 are public hearings on AZ 06-029 and PP 06-029. 1 will open these two public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the Silversprings project. It's located south of McMillan Road and east of Meridian Road. It's about halfway between Locust Grove and Meridian Road and Redhorse Way adjoins it on the western boundary. That's the entrance into Copper Basin, which was final platted as Cobre Basin and preliminary plat approved as Havasu Creek. So, I had to get all those names out there for you, because it becomes important. These are applications for annexation and zoning and preliminary plat approval. The applications include annexation and zoning to R-4 for 19 -- or, excuse me, 9.88 acres and preliminary plat approval of 29 single family residential building lots and four common lots. The gross residential density is 2.94 dwelling units per acre. And this is consistent with the Comprehensive Plan designation of low density residential. I noticed as I was preparing tonight that the staff report says medium density residential, but that's an error that we will correct with the findings with Council's direction. The proposed subdivision is pretty straight forward. They have an entrance from McMillan Road, a kind of L-shaped connecting property and fair sized lots with one large lot accommodating the existing residence. And, then, drainage open space lots kind of in the center of the development. The tricky issue with this is actually -- with this preliminary plat is actually something happened with the final plat of the properties to the west. When you all approved Havasu Creek you required a stub street to this property. When that was final platted -- when the final plat was approved somehow that went from being a stub street to being a cross -access. So, there is currently on the property immediately to the west a cross -access easement that's 50 feet wide, shaped exactly like a stub street would be shaped, but it's only a Meridian City Council September 19, 2006 Page 47 of 68 cross -access, it's not a stub street. We spent a lot of time researching the issue. We spent a lot of time talking to ACHD. We spend a lot of time really pushing to get that access opened up as a stub street for this property. We met with the homeowners association and they were opposed to the -- giving up the area for a stub street, because they felt that the added traffic from this going out to their entrance road would conflict with the newly opened elementary school just south of this property. We talked at length with ACHD. ACHD staff was unwilling to use eminent domain to acquire that easement as a public right of way. At that point there wasn't much staff could do, so we went ahead and processed it as you see it. The applicant's engineer was kind enough to show -- there are -- as you will see, a series of five acre lots. You're seeing this one tonight. We have done pre -apps on the next three properties and you have an application currently in the works on two -- or just recently approved on these two. So, we are seeing all of these five acre lots come in and we wanted to make sure that there was a way -- a concept that we had at least to reference that was acceptable to ACHD on how these properties could all develop. And that's what you see before you here. You have two stubs coming from -- or three stubs, excuse me, coming from Cobre Basin/Havasu Creek, so you do have an interconnected system throughout here and, then, what this concept shows is two more access points to McMillan Road. So, there would be a total of three in this approximate half mile area. We do not have elevations before you tonight. They are larger parcels. The Commission recommended approval at their August 17th, 2006, Public Hearing. Ross Erickson spoke in favor of the application. No one was opposed or commenting. The key issues of discussion by the Commission were the clarification of the ingress -egress easement at East Copper Ridge Street. I'm sorry. It wasn't Redhorse Way, it was East Copper Ridge. And why a stub to this property was not provided. The key Commission changes to staffs recommendation, there were none. The outstanding issues for City Council as we see them are this previously approved stub street and where you may want to direct staff to go, if anywhere. And, then, if you do choose to approve this project, could you, please, direct staff to correct the information of the Findings regarding the Comprehensive Plan designation. With that I'll answer any questions. De Weerd: Anna -- I don't have any questions. Council, any questions? Rountree: Madam Mayor, I have a question that doesn't really relate to this, it does given the circumstances that how can we have a final plat approved that represents something that we didn't approve? Canning: That's a very good question and I researched it, I was not able to find any -- I was not able to find real documentation supporting that. The staff member who worked on it doesn't work for the city anymore. It shouldn't have happened. Rountree: My comment is I hope we don't see that happen again, but it seems to me that there is a legal question if that's even a valid subdivision, even it's all built up. Bird: I would agree. Meridian City Council September 19, 2006 Page 48 of 68 Canning: We suggested to the homeowners association that Council may find that the case. If you found an invalid subdivision, you could refuse to accept any further building permits on the subdivision as a whole or maybe you could -- you would want to secretly go about that. We pushed really hard, as hard as we could, and we weren't successful as staff and that's why I raise it as an outstanding issue for City Council. Rountree: I appreciate that. De Weerd: Thank you, Anna. Any other questions for staff before we ask for applicant comment? Okay. Is the applicant here? If you will, please, state your name and address. Erickson: Ross Erickson. 1854 East Lanark in Meridian. De Weerd: Thank you. Erickson: Madam Mayor, Members of the Council, we are here tonight to request approval of the Silversprings Subdivision preliminary plat, annexation, zoning to an R-4. The development is located -- I guess staffs already given you an orientation -- just on the south side of McMillan and west of Locust Grove. The project includes 29 single family detached building lots and four common lots, on Lots 1 and 2 of the original Crestwood Estates Subdivision that as platted along McMillan Road there. The R-4 zoning designation is consistent with the Comprehensive Plan and this project blends well with the surrounding subdivisions, with Copper Basin to the West, Havasu Creek to the south, and Saguaro Canyon across the street. The subdivision is directly to the north of the Prospect Elementary School and you can see on our preliminary -- or I guess our landscape plan here that we are providing a micropath connection to the school sight. We coordinated that location with the school district. There is, actually, another connection from Havasu over down here on this comer to the school site. There is a pathway that kind of wraps around the boundary that we would connect into for kids to access school from the -- from the houses there. The project includes a 36 foot street section that will accommodate parking on both sides and we actually -- as you can see on the landscape plan, there is a significant amount of trees on the site and we met with the city arborist and went out and took an inventory and come out with an enormous mitigation number that we had to meet, so rather than just providing those trees to the parks department, the developer decided to design the project with an eight foot parkway parallel to all the internal streets and actually install those trees with sod and irrigation on all the internal streets. The landscape plan that you see actually falls short by 30 caliper inches of what the mitigation requirement was, which equals 15 trees and we are agreeing to provide those trees to the parks department if we can't find a way to work them into the project during construction, if there is maybe some extra space we could sink one in, we would like to do that. There are two existing homes on the project -- on the project, one on the westerly parcel and one on the easterly parcel, that will be retained. Those parcels will be platted -- or those homes will be platted around per the city code and the existing wells and septic systems will be taken off line Meridian City Council September 19, 2006 Page 49 of 68 and will be connected to city services with the project. I guess with that I will stand for any questions and just ask for your approval. De Weerd: I guess I just have a question in your open space. It looks like you -- it appears to be the drainage field as well. How does that drain -- I mean how fast does it drain and you have a wet year and you have a lot of concern about standing water and mosquito traps. So, what is the plan regarding that? Erickson: Madam Mayor, the design of the swale is kind of key to getting the swale to perc. We did a groundwater investigation on the site and found that the groundwater is down around 16 feet, which is favorable for this type of a design. So, typically, what we will do is we will over -excavate the bottom of the pond and bring in some sand and blend it with a clay free top soil that will be a certain specification and actually seed the bottom, rather than put sod in it, to insure that we are not importing any unwanted clay materials that would impede any percolation to the bottom. The pond is actually designed to perc within a 24 hour period for the design storm. That's per the city's requirements and we will certainly meet those with the design. De Weerd: What kind of grade do you have on that? Erickson: Madam Mayor, the side slopes of the pond are designed at a four to one. De Weerd: Thank you. Council, any questions for the applicant? Rountree: I have none. Bird: I have none. De Weerd: Thank you. Okay. This is a Public Hearing. Is there anyone who is here to testify on this application? Okay. Seeing none, any further staff comments? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Question for legal Council. Mr. Baird, is -- without getting into any specifics, is there some benefit or need for this item perhaps to be continued, is there any discussion that we could have or should have concerning the access issue that Councilman Rountree brought up, how we have missed, what the city's options may be, if there are any options? Baird: Madam Mayor, Members of the Council, at your direction we can certainly look into that. However, the application before you stands on its own. If we can get those issues resolved, it would only enhance what's before you. On the other hand, if you're not ready to bring this in to the annexation until you have the problem solved, that's certainly within your discretion as well. I might -- this is the first I have heard of the Meridian City Council September 19, 2006 Page 50 of 68 problem. I haven't looked at the facts, so I certainly can't give you an opinion tonight, but I might look to the planning director to see if she has any additional thoughts on the interrelationship between this particular application and the general problem. Canning: Madam Mayor, Members of the Council, if you do wish to seek that connection here, this is where it would be. It lines up with the other public street. So, it would require modifying the final plat. I think the applicant stated at one point that they were willing to provide that stub. That may be what he's trying to communicate to me right now, but I think they said that, you know, if Council wanted them to stub to there, that they could provide that stub. Is the Public Hearing still open? Thank you. Erickson: Madam Mayor, Members of the Council -- and, Anna, correct me if I'm wrong, but I pulled the minutes for the final plat -- or, actually, I think it was the preliminary plat for Havasu Creek that this was preliminary platted under, and originally there was a condition in there that stated that it needed to be a public stub street and it's not that I think it was ignored, I think the condition was actually changed, because it said change the stub street to a cross -access easement, if that makes sense. Bird: Madam Mayor. That was in the minutes? Canning: I'm not aware of that. Everything I saw still had it as a -- as a stub street. The only time I saw it changed was with the final plat application and I believe I looked at the minutes and staff didn't notify Council that they were changing it from a stub street to a landscape easement. Bird: Yeah. I can't believe we just had it as -- Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: It's a fundamental concern of mine and probably other members of the Council as to whether or not that connectivity between the two developments was intended that connection would occur and I'm sensitive to any particular delays, but it sounds like there was a couple unanswered questions here. I don't know, perhaps Anna or Ted, if you have an idea -- are we talking within a week we might have an opportunity to understand what our options are, if any; clarify what the record says on this issue, and perhaps bring it back in a week or however long you think it might take to clarify that, because it seems to me a huge concern and, obviously, impacts the layout and connectivity of the two subdivisions. Baird: Madam Mayor, Members of the Council, we can certainly do a staff review of the facts within the week, if you want to continue this for one week, and, then, depending on what we report back to you, you can decide whether to continue for further action or to act on it next week. But that would minimize the delays for this particular applicant Meridian City Council September 19, 2006 Page 51 of 68 while we get a handle on what appears to be a difference of opinion about what's in the record right now. De Weerd: And if you could work with staff and point out where you saw reference to that, it would be very helpful. Rountree: Madam Mayor, are we still discussing? De Weerd: Yes. Okay. Hold on, please. Just a moment. Rountree: Go ahead. Kofoed: Reed Kofoed. I'm at 6040 North Jericho Road, which is about a mile north of this, in Meridian. In our discussions with the city and the homeowners association, one of the -- I think major things that came up was the situation with the school that's just barely been built below this, south of this. I know the school has said that at some future point there is going to probably be a light there at McMillan where Copper Basin and Saguaro Canyon are there. At that point there would be a light and there would be crosswalks and the mile to the north of this, which is, actually, where I live, many of the kids would have to walk to school. So, I know the homeowners association -- this is just for public record, in the meeting that we had down at the city, in having a stub street coming out there, they felt that that would -- all the buses coming in and out of there to hit McMillan, a lot of kids, if that light goes in, are walking from that mile north of there, that there would be a huge safety concern in having that stub street. So, I know that that was brought up and we all discussed that and I believe that's why the homeowners association was very adamantly against it. I know that with my children possibly in the future being -- having to walk down that street, if there is a stub street there, I would certainly be concerned for safety reasons. So, if that makes a difference, I know that that was the major reason why the homeowners were adamantly against having a stub street there. And I believe we have provided good connectivity through those other five acre parcels being developed in the near future. De Weerd: Well, I think it's appreciated. You have done everything you can within your power. I think there still remains some unanswered questions as to what happened and the situation as a whole -- I guess in light of a traffic signal being there, it, actually, makes it a little bit safer. You have less people in all of those five acre lots going out on the arterial and, then, having to travel into that the subdivision. I guess, you know, it's kind of an argument on either side as to what would be the safest, but as far as traffic flow, it would be nice to have that connection there. Kofoed: Yeah. We do -- I know the engineer pointed out that there will be a pathway into the back of the school for the children, so that also is a -- De Weerd: And that's an appreciated amenity. Kofoed: Okay. Thank you. Any questions? Meridian City Council September 19, 2006 Page 52 of 68 De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Anna, on this project as a stand alone, which I think it should be considered, do you have any problems with the exits out and, of course, they have got the other stub that will be going to the other five acre lots as they come in. Do you think this stands alone if it don't have a stub street? Canning: If there is a connection to the Copper Basin entrance road, I -- I think we would all prefer that the access to McMillan become a cul-de-sac. Bird: Okay. Canning: And I guess I should say we meaning also -- I believe ACHD thinks this -- believes the same. Yeah. And I am getting nods from Mr. Inselman. De Weerd: Okay. Rountree: Madam Mayor, I guess my comment is that I -- in fairness to the applicant I think they have done their due diligence. Apparently the city and ACHD didn't do theirs and I don't feel that it's our point at this point to try to correct the wrongs with this application. I think there is wrongdoing and there is future building permits to be issued in the adjacent subdivision, then, they pay the price in terms of delays and rectifying the problem. So, I guess I -- I understand what Joe is saying, but time is money and we delay a lot of things for more clarification, but I don't know that this is one in particular that I can -- I can buy that we need to rest on the shoulders of this application. That's my opinion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would agree with Councilman Rountree, I don't believe that this application should be delayed and put it on his shoulders to find something that we fouled up. I'm with Mr. Rountree, if there is building permits and stuff over there still going on, we -- I guess that's the only out we have or the only leverage we have and I would suggest that -- that we use it and I hope that we as a Council and Mayor and staff become more closely watching between preliminary and final plats and make sure everything gets to final plats. Canning: Just to absolve myself, this was passed the day before I took my position. Meridian City Council September 19, 2006 Page 53 of 68 Bird: We are not blaming anybody. Rountree: Some of us are not to blame either, but we did it, so -- as a city. De Weerd: We can buy you some worry beads. Canning: Madam Mayor, I'm a little confused by the last two statements by Councilmember Bird and Councilmember Rountree. If you go forward with this application, then, the need to create that stub is gone. So, I wasn't sure if you wanted me to try and still obtain that stub street or not. Rountree: The record is still not clear as to whether or not that's a stub street or an access and that needs to be taken care of and cleared up. So, if the other subdivision needs to come in and have a Public Hearing and request that that be eliminated, that's fine. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Anna, in our standard conditions of approval, which I assume are included within the application, it is the city's policy to connect stub streets; correct? Canning: Yes. Wardle: Okay. So, I would just -- if it's determined -- if it's unclear at this point and in the future that were to be, those findings wouldn't change, it would still be the policy of the city to attempt to connect the stub street; right? Canning: Correct. De Weerd: That's correct that this plat would not show connection to it. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: That was exactly my point. I think the comments of Councilman Rountree and Bird are the exact type of concern which planning and legal stay could bring the adjacent development to see if -- before the approval of this particular project that stub street agreement could be provided and if that's provided that, then, would change the present application. So, I think if we move on this particular application tonight, the question of what the subdivision to the west does is moot, because the decision -- the implication of whether or not there is a stub or not is -- would be a done deal. So, I am sensitive to the time and delay and expense to the developer and hopefully a week -- try and keep it as short as possible, that provides us as a Council an opportunity to -- exert Meridian City Council September 19, 2006 Page 54 of 68 some leverage might be a strong way to put it, but capitalize on an opportunity to encourage connectivity in the stub street that is intended, I'm all for that and I think it's worth the delay, with all due respect to the applicant. So, that was my comment, to try and seize that opportunity there. De Weerd: Mr. Baird, I guess I would have a question as to if this preliminary plat was approved and the city continued to pursue the details on if that's a stub or not, the applicant has said -- or Anna has indicated the applicant was open to, then, amending that, would that be considered substantial in changing from a preliminary plat to a final plat that it would have to go through the process again on the preliminary plat before final plat? Baird: Madam Mayor, that's a -- De Weerd: Did I ask that correctly? Baird: -- complex question that does -- it interrelates both planning and legal principles. My thought on that -- and, again, I'm going to ask that Anna chime in, because her staff is the one that has to take a look at these and compare them, but if you make your approval contingent upon providing the stub street, if, indeed, the street in the adjacent subdivision is proven to be a stub street or some agreement is reached, but the problem with that is the timing. I mean how long do we have to prove that? And I think that's why the one week request -- possible request for delay would allow us to find out exactly where we are and what it would take. That way when you're considering this you'd know whether that stub is going to go or not. I'm starting to ramble. De Weerd: No. Unfortunately, you're making a lot of sense. It's scary. So, Council, what would be your preference? Anna, do you have anything to add to that? Canning: No, Madam Mayor. I agree with Mr. Baird in that the real question is -- I suspect we will come back to you with more documentation that shows that it's unclear. So, you'll still have this question of what do we want to do, where do we want to go, but I suspect that it will still be unclear. You may decide to pursue it more aggressively, based on more information, though. With regard to whether the approved preliminary plat would still be consistent if they lost a lot and dedicated a street and turned the entrance road into a cul-de-sac, by the definition in the UDC, they are probably okay, because this issue was discussed at length now at both hearings. So, it's -- that access has always been up for grabs. They are not gaining lots. The relationship of the lots on the surrounding properties don't really change, it's just the entrance and if the Council decides there is a required stub street there, then, that access point shouldn't be an issue, but -- Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council September 19, 2006 Page 55 of 68 Bird: I think Anna hit it right on the head. In one week I don't see -- we are going to see -- you know, we are just going to find out that the minutes said something and we approved a final plat that said something and we have still got the same leverage if we want to use it and these people just sit and wait, which I don't think is fair to them. They didn't get themselves into this predicament, we did. De Weerd: Okay. So, what would you like to do? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I'll just take a stab at a motion. I move that we continue Items 15 and 16 is it? De Weerd: Uh-huh. Borton: Items 15 and 16 for one week to the 26th of September and direct legal and planning staff to investigate the matters that we have discussed here and report back what our options are. Wardle: Second. De Weerd: Okay. I have a motion and a second to continue these two public hearings until next week. All those in favor say aye. Okay. Those opposed say nay. Okay. Well, I would say aye. I think there is enough that Council needs to get further information from staff and it would be helpful if the applicant can help provide them what point of reference that you had. So, we will see you next week. And since it will be a continued Public Hearing, you will be closer to the beginning. MOTION CARRIED: TWO AYES. TWO NAYS. MAYOR AYE. Item 17: Public Hearing: AZ 06-036 Request for Annexation and Zoning of 10.94 acres from RUT to an R-4 zone for Bitterbrush Point Subdivision by Majestic, Inc. — east of Meridian Road and north of Victory Road: Item 18: Public Hearing: PP 06-039 Request for Preliminary Plat approval of 27 single-family residential lots and 4 common lots on 10.94 acres in a proposed R-4 zone for Bitterbrush Point Subdivision by Majestic, Inc. — east of Meridian Road and north of Victory Road: De Weerd: Okay. Items 17 and 18 are public hearings on AZ 06-036 and PP 06-039. 1 will open these two public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is Bitterbrush project. Bitterbrush Point project. Excuse me. It is located approximately one quarter mile northeast of the Meridian Road, Victory Road intersection. It is an application for Meridian City Council September 19, 2006 Page 56 of 68 annexation and zoning and preliminary plat. The annexation and zoning request is to R-4 and that's for 10.94 acres and the preliminary plat approval is for 27 lots -- single family residential lots and four common lots. The lots range in size from 9,600 square feet to 25,200 square feet. And the average lot size is roughly 12,950 square feet. Access to the development at this time will be from an existing stub street, East Loggers Pass Street, which is provided from Observation Point Subdivision to the east. The applicant is also proposing a stub street to the north. We just accepted an application for a development -- actually, we didn't accept it, we just kicked it back out of the office, but there is an application for development just north of this one. We are waiting for some additional information before you accept it. The gross residential density of this project is 2.47 dwelling units per acre. The net density is 3.07. The applicant has provided about .81 acres of landscape open space and that's largely in the form of an open space along the piped canal to their southern -- at their southern boundary and there is a landscape lot and, then, some small common lots in the center of the cul-de- sacs. Most of it is passive in nature and, again, most of it is within that Kennedy Lateral easement. We do not have elevations for you. The Planning and Zoning Commission recommended approval at their August 3rd, 2006, Public Hearing. Richard Beck, the applicant, spoke in favor of the application. Mark Canfield, the developer, also spoke in favor. B.J. Alloway, Kristen Helk, Mike Hart and Judy Hart all spoke in opposition and Jim Rosette commented. The key issues of discussion by the Commission -- staff had been a little concerned with the orientation of lots in this center area and we had proposed some specific orientation of those lots. The Commission decided -- talked about those and decided they weren't necessary. So, the key Commission changes to staffs initial recommendation were they added a condition to install a temporary peak flow storage system and they also added a condition that the applicant could use their current access to Meridian Road as temporary construction access, if allowed by ITD, and this is so that the construction trucks wouldn't be coming through Observation Point. The outstanding issues before Council -- I did notice in my review, just before Council, that the pathway stops at the end of this micro -path lot and this is a piped facility, so there is no reason that the applicant that I'm aware of that they couldn't extend it to the actual property line and, then, as Mussell Comer develops, hopefully, we can get a pathway going down into that development. So, we did -- Amanda did call the applicant, they are agreeable to adding that condition. We would need to have Council include that in their motion and to leave the applicant probably a little bit of wiggle room to work with Nampa -Meridian Irrigation District on that. I'm not aware of them opposing pathways over covered facilities, but just in case. De Weerd: There is always that chance. Canning: Yeah. And with that I will answer any questions you may have. De Weerd: Okay. Council, any questions for staff? Rountree: I have none. De Weerd: Okay. Is the applicant -- Meridian City Council September 19, 2006 Page 57 of 68 Nickel: Thank you, Madam Mayor and Council. Again, Shawn Nickel, 148 North 2nd Street in Eagle, representing the applicant. Pretty straight forward development. I can honestly say that we are -- we are a lower density development than you're used to seeing us come forward with. We thought it was -- we thought it was very important, Mayor and Council, to work and be compatible with the Observation Point development. As you know, this is a commercial designation and development to the south. There is a bit of a grade difference and with the fact that we are taking our main access at this point out to the east through Observation Point, meeting with the neighbors, the neighborhood meeting, we thought it was appropriate and responsible for us to work with them, provide some nice compatible lot sizes, as staff indicated 9,600 to 25,000 square foot lots. Be very similar to Observation Point. The staff also stated that the connect of the stub street to the north will provide -- and I guess they must have hired the wrong planner, because they didn't get their application accepted the first go around, but I can't do them all. What this means is that we will have a connection -- De Weerd: Shawn, you just opened yourself up. Nickel: Okay. Well, you told me you were going to beat me up a little bit. Madam Mayor, what this will provide is probably provide another access north to Edmonds Street, which will go out to Meridian Road. So, that will relieve any concerns that the neighbors would have -- or have or had about the connection and additional traffic through Observation Point, which with the lower density it wasn't going to be that much more of a negative impact. So, with that I will stand for any questions you may have. De Weerd: Shawn, I see you did your neighborhood meeting and don't see a room full of people, so I assume that that meeting went well. Nickel: It did. Again, the main concern was the -- was additional traffic. They did appreciate the larger lot sizes and the compatible homes. I think that is a tell tail sign that they are not here to really beat us up that we did a good job working with them. De Weerd: Okay. Council, any questions for Shawn? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Shawn, I take it that you have no objection to connecting that micropath to the property line? Nickel: No. That would be fine. Again, with the -- I'd ask staff to just give us a little bit of wiggle room. I don't want to be the first one to have the irrigation district not allow us any easement across the -- I guess there is always a first time. But, yeah, we are fine with that. Meridian City Council September 19, 2006 Page 58 of 68 De Weerd: Okay. Anything else, Council? Rountree: I have nothing. Bird: Nothing. De Weerd: Okay. Thank you, Shawn. Nickel: Thank you. De Weerd: This is a Public Hearing. Is there anyone who would like to provide testimony on this application? It's so odd seeing industrial people doing subdivisions. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Seeing no further comment, I move that we close the public hearings on Items 17 and 18. Bird: Second. De Weerd: Okay. I have a motion and a second to close the public hearings on Items 17 and 18. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 17, AZ 06-036, for annexation and zoning. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 17. If there is no discussion -- Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: That includes the staff -- Rountree: Staff recommendation. Meridian City Council September 19, 2006 Page 59 of 68 Bird: Yeah. De Weerd: Thank you. If you will call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Okay. Item 18. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 18, PP 06-039, request for preliminary plat. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 18. If there is no discussion -- Anna has a question. Canning: Madam Mayor, Members of the Council, the last motion you said was staff comments, but there is not a development agreement. I'm assuming you actually want that additional condition for the pathway listed on the preliminary plat. Rountree: That's on the preliminary plat. Yes. Canning: Thank you. Rountree: Thank you. De Weerd: Okay. Thank you for that clarification. Mrs. Smith, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Bird: Thank you, Shawn, for a nice project. Item 19: Public Hearing: AZ 06-037 Request for Annexation and Zoning of 4.85 acres from R-1 to C -G zone for Cope Subdivision by Ronald Van Auker — east of Meridian Road and north of Overland Road: Meridian City Council September 19, 2006 Page 60 of 68 Item 20: Public Hearing: commercial lots Subdivision by Overland Road: 0 PP 06-035 Request for Preliminary Plat approval of 4 on 4.31 acres in a proposed C -G zone for Cope Ronald Van Auker — east of Meridian Road and north of De Weerd: Okay. Items 19 and 20 are public hearings on AZ 06-037 and PP 06-035. i will open these two public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the Cope Subdivision. It is located generally at the comer of Overland and Meridian Road. It's currently zoned R-1 in Ada County. It's just south of Gold's Gym and the ACHD park and ride lot. Just north of Southern Springs. This is a four lot subdivision. The applicant is also requesting C -G zoning on the property with their annexation. The access -- the primary access will be from Country Terrace Place to the east and it does have frontage along Overland Road and they are proposing access, but no full access on Overland Road. It's right out -- right-in, right -out only and ACHD has conditioned them to build those intersections as such so that they don't -- so that they have the physical barriers to making the left-hand tum. This is a conceptual plan for the area. On this one they have shown a single building on the western properties and two other buildings on the eastern properties. The applicant hasn't proposed any exact square footage for the commercial development at this time. They have provided elevations and I had not seen these. Had I known they came through this poorly -- they have got several of these, so I will -- these are general concepts. What transpired was -- well, I guess I'll move on and you will hear what transpired. Sony. The Planning and Zoning Commission recommended approval at their August 17th, 2006, Public Hearing. Ron Van Auker spoke in favor. I think that was Ron Van Auker, Jr., probably, spoke in favor and the key issues of discussion by the Commission were the importance of the conceptual design and elevations for the site, because it was located near the gateway road into Meridian and they also discouraged buildings that look like boxes or blank slates facing the street. With regard to the changes they made to staffs initial recommendation, they did delete a requirement for a 20 foot wide commercial drive aisle, sewer and water shall be stubbed to the property located at 130 East Overland Road. I believe that was --- they removed that at staffs request. I believe it was an error. They added a provision to provide staff with elevations ten days prior to the City Council meeting and those are the elevations you're seeing in here. And they moved the preliminary plat condition related to design review requirement to the development agreement, instead of -- yes. They moved that from the preliminary plat to the development agreement and they also subjected Lot 4 to design review. So, all four lots would be subject to design review. So, the outstanding issues before City Council are whether or not you want to include the -- incorporate the proposed elevations and/or the site plan that I showed you into the development agreement provisions or if there are just certain aspects of this that you would like to see incorporated into the DA. So, that's your task before you. I'll answer any questions that you may have. De Weerd: Anna, can you show the first fuzzy picture? What is that? Meridian City Council • September 19, 2006 Page 61 of 68 Canning: This looks like a hotel is what it looks like to me. It looks like -- that scan really went bad somewhere in there and -- De Weerd: I thought it was an orb chart. Canning: It looks very Japanese for some reason. I don't know. De Weerd: Thank you. We definitely want to tie our conditions to that. Canning: The unscanned version I think would be appropriate. De Weerd: Do you have an unscanned? Canning: I'm looking for them. I think I do. De Weerd: Okay. While you look I'll ask the applicant if he has comments. If you will, please, state your name and address. Van Auker: Madam Mayor, Members of the Council, Ron Van Auker, Jr. 3084 East Lanark Street, Meridian. De Weerd: Thank you. Van Auker: This is the Cope Subdivision. I'd just like to say for the record it was a lot easier to get the name approved, as opposed to our last Porky Park development, and in favor of this parcel all the surrounding zones are consistent with this project. We are proposing a C -G zone. It's a Comp Plan commercial in the Comprehensive Plan. I'd like to note the conceptual plans you see here are very conceptual. Currently we do not have any tenants or prospective purchasers of the property lined out for the project, but have had a lot of interest from hotel uses or office uses. I'd like to assure you that the construction on this property will be of a high quality, nice curb appeal, as it is a entryway corridor going both ways into the City of Meridian and the submitted site plan, as well as the elevations, aren't set in stone, as I mentioned before, but it's an example of how we may see the property develop. And with that I would like to answer any questions. De Weerd: Okay. Thank you, Ron. Any questions from Council? Bird: I have none. De Weerd: Okay. Van Auker: Thank you. De Weerd: Thank you. Meridian City Council September 19, 2006 Page 62 of 68 Canning: Madam Mayor, I was -- I was filing through those elevations. Would you like me to do it again? Did you see them as they went up? Rountree: Uh-huh. De Weerd: Okay. They do look much better not scanned. De Weerd: Yes, they do. Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. Council, seeing none, if you don't need any additional information, I would entertain a motion to close the Public Hearing. Bird: Madam Mayor, before we close I'd like to make a statement. On a development agreement -- I hate on something like this to tie elevations to the project, because as -- as their tenants come in they might not want what the elevations are showing at this point and having a track record with this developer, they have always built something that's been appealing to the eye and has definitely not been offensive, so I would like a development agreement, but I don't think we need to tie these existing elevations to that development agreement. Is that satisfactory with you, Anna? Canning: Madam Mayor, Members of the Council, Counciimember Bird, you could just -- they don't technically have to meet the gateway provisions, because there is an intervening lot between this property and the gateway and the gateway does not go down Overland Road. So, rather than tie them to these specific elevations, you could just tie them to the design review standards in the UDC. Kind of extend the gateway designation to this property. That will get you -- primarily all that has is the varying roof lines. The articulation of the front entrance. Some requirements regarding parking. Generally we are concerned with parking facing the entryway corridor. In this case all the parking is, really, going to be facing away from the entryway corridor. So, you could clarify that those provisions wouldn't apply if you would like or -- this concept plan, actually, as submitted would meet the requirements. Bird: Well, anything they do up there will look nicer than what's in front of it. That drainage that we got down there. De Weerd: They made it look prettier. Bird: It's a beautiful gateway, Mayor. De Weerd: I never said it was beautiful. Prettier. Bird: Put a sign out there. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Meridian City Council • September 19, 2006 Page 63 of 68 Wardle: In response to Anna's comments, you know, they have been working with the - - how to tie specific commercial designation to -- to the look and feel that the development is bringing forward, I think that extending that gateway design requirements that this development makes sense. I think that's what is being proposed today. The applicant, in my opinion, is asking for the flexibility to be able to maneuver within those criteria. So, I would be comfortable with just extending that. De Weerd: And having a staff review with a similar type of look. Bird: Yeah. That would be fine. De Weerd: But nothing in concrete. Bird: Just have a development agreement. Is that fine with you? De Weerd: Can the applicant live with that? Okay. Rountree: As long as it isn't a Walgreen's. De Weerd: Just don't make it a Walgreen's, okay? I think the drainage lot looks prettier than that. Bird: Oh, come on. Canning: Madam Mayor, if the maker of the motion, when they make it, could clarify, because I just heard two different things. It may be that it's getting late. So, just when someone makes a motion, if they could clarify what they are looking for, I would appreciate it. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close public hearings AZ 06-037 and PP 06-035. Rountree: Second. De Weerd: Okay. I have a motion and a second to close the public hearings on Items 19 and 20. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Meridian City Council September 19, 2006 Page 64 of 68 Bird: Sean, go for it. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Let me get a point of clarification from staff before I make my motion. Anna, when you were suggesting that this exact criteria be extended to this property, did you mean doing that in the form of a development agreement or just providing that in the zoning? Canning: The development agreement. Wardle: Okay. Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item 19, AZ 06-037, and to require a development agreement which extends the design criteria for this commercial property to be -- extend the gateway design criteria to this parcel of property. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve this application with the comments as noted. Is there any discussion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: The motion appears clear. I'm just curious if there is a nod as to whether or not that it's sufficient. Canning: Madam Mayor, Members of the Council, yes, it was clear. I had heard also a -- and let staff decide if it's consistent and I wasn't sure if that meant consistent with these elevations, so that's why I asked for the clarification. And I also wasn't sure if it was referencing the concept plan, so I'm okay now. Borton: Okay. De Weerd: Okay. Any further discussion, Council? Rountree: I have none. De Weerd: Mrs. Smith, will you call roll. Meridian City Council September 19, 2006 Page 65 of 68 Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Okay. Next item. Twenty. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve Item 20, PP 06-035. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 20. Is there any discussion? Rountree: I have none. De Weerd: Mrs. Smith, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 21: Public Hearing: MI 06-006 Request for a Miscellaneous to Amend the proposed Development Agreement (AZ 05-065) Site Specific Condition 6.1.5, page 5 to allow a temporary construction fence along Lot 5, Block 3 to limit public access to Lot 19, Block 3, rather than a permanent fence along Lot 5, Block 3 limiting public access to the Ten Mile Creek waterway, an approved amenity with pathway system in the preliminary plat (PP 05-058) for Harks Canyon Creek Subdivision by Franklin Centre, LLC — 1845 W. Franklin Road (request to be continued to 10- 10-06 due to posting requirements: De Weerd: Thank you. Okay. Item 21 is a Public Hearing MI 06-006. 1 do need to open this Public Hearing. It was not posted, so we will need a continuation. Can I open a Public Hearing that wasn't posted? Baird: Madam Mayor, I'd suggest that you do. That way everything gets caught up when it comes to the next date. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Meridian City Council September 19, 2006 Page 66 of 68 Rountree: I move that we continue Item 21 until October 10th, 2006. Bird: Second. De Weerd: Okay. I have a motion to continue Item 21. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 22: Ordinance No. 06-1265 : AZ 06-024 Request for Annexation and Zoning of 10.17 acres from RUT to an R-4 and R-2 zone for Napoli Subdivision by Briggs Engineering — east of Eagle Road and south of Zeldia Lane: De Weerd: Item 22 is Ordinance No. 06-1265. Mrs. Smith, will you, please, read this ordinance by title only. Smith: Thank you, Madam Mayor, Members of the Council. We have Ordinance No. 06-1265. This is an ordinance for AZ 06-024, Napoli Subdivision, for annexation of property located in a portion of Lot 3, Block 1 of Zaldia-Selatir Subdivision, located in the northwest quarter of the southwest quarter of Section 28, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT, Ada County, to R-2, Low Density Residential District and R-4, Medium Low Density Residential 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 of rules and providing an effective date. De Weerd: Thank you. You have heard this read by title only. Is there anyone who would like to hear it read in its entirety? Thank you so much. Council, seeing none, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance 06-1265 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 22. Mrs. Smith, will you, please, call roll. Meridian City Council September 19, 2006 Page 67 of 68 Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 23: Executive Session per Idaho State Code 67-2345(1)(c) — (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): De Weerd: Okay. Item 23 is an Executive Session per Idaho State Code 67- 2345(1)(c). Do I have a motion, Council? Bird: So moved. Rountree: Second. De Weerd: Okay. Mrs. Smith, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: De Weerd: Council I would go ahead and entertain a motion to come out of Executive Session. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. MOTION CARRIED: ALL AYES. De Weerd: I would entertain a motion to adjourn. Rountree: So moved. Bird: Second. De Weerd: All those in favor. Meridian City Council September 19, 2006 Page 68 of 68 MOTION CARRIED: ALL AYES. MEETING ADJOURNED: 11:05 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) 1111l1iJaejsAada > o� MAYOR T M D -E W E E R D s A LTCbuN = 0 /i / 0L DATE APPROVED G. BERG JR., UITY CLERK • 0 September 15, 2006 MERIDIAN CITY COUNCIL MEETING September 19, 2006 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of August 22, 2006 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • September 15, 2006 MERIDIAN CITY COUNCIL MEETING September 19, 2006 APPLICANT ITEM NO.-�j REQUEST Approve Minutes of August 29, 2006 City Council Special Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. September 15, 2006 MERIDIAN CITY COUNCIL MEETING September 19, 2006 APPLICANT ITEM NO. 5-C REQUEST Approve Minutes of September 5, 2006 Pre -Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • E September 15, 2006 MERIDIAN CITY COUNCIL MEETING September 19, 2006 APPLICANT ITEM NO. S -D REQUEST Streetlight Agreement for Alexandria Subdivision by L&K Development AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See altached 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: v 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: Materiah presented at public meetings shall become properly of the CHy of Mer dim. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 09/29/08 03:58 PM DEPUTY Bonnie Oberbillig RECORDED—REQUEST OF Meridian 10S106155841City STREET LIGHT AGREEMENT This Street Light Agreement is made'and entered into between the CITY OF MBRID AN and L & K Development LLC, pertaining to the street lights in Alexandria Subdivision, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. L & K Development has provided 5 -street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Alexandria Subdivision in Meridian, Idaho. The parties acknowledge that the 5 strut light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. . . Z. L & K Development LLC, or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof that may hereafter be broken, damaged, or deteriorated„ or require maintenance, at its own expense; and it is further agreed that, or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burs out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 5 street lights located in Alexandria Subdivision in the usual and _ - -- -- customary manner_. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off type. 5. It is understood and agreed that L. & K Development LLC will assign. its rights and obligations hereunder to Alexandria Subdivision H.O.A_ when said Homeowners Association -is .formed and operational: STREET LIGHT AGREEMENT Page l This AGREEMENT shall be binding on L & K Development LLC. its heirs, successors and assigns, and the CITY OF MERIDIAN. ATTEST: William G. Berg, Jr, ATTEST: Dated this day of C 20SZ_. CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho By STREET LIGHT AGREEMENT / Mayor DeWeerd. G;� 6WV CL e L & K Development LLC Y President Page 2 c� 3 STATE OF IDAHO, ) ss. County of Ada, ) J On this day of 20Q�,before me, the undersigned, a Notary Public in and for said State, ersonally appeared Mayor DEWEERD, and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year_first_above written. SEAL STATE OF /04 ,) ss. County of ,) ShaAr'r\Su7-k, NOTARY PUBLIC FOR IDAHO RESIDING AT )' U / 06- .Jd MY COMMISSION EXPIRES 9() -/S-- I On this/AW day of����, 200&, before me, the dersigneai, a Notary Public in and fo o d State, personally appeared /a, LA.LSD I and known to me to be the President and Secretary of L & K Development LLC, and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. -- . 3N wiTNESS. WHEREOF; I have- hereunto -set my hand and -affixed my official seal the day and year first above written. f �'rAitp NOTARY PUB FO& IDAHO �..«- RESIDING AT ;PuB11WtC, MY COMMISSION EXPIRES PF of STREET LIGHT AGREEMENT Page 3 C� 0 Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 8/28/2006 A I Re: Proposed Agenda Items for 9/5/06 City Council Meeting • City of Meridian Public Works Dept. i a,r 5-P 1 1 2006 City of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the -9 1 �1 ity Council agenda, on the Consent Agenda, for Council's consideration: 1) Streetlight Agreement for Alexandria by L&K Development. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Alexandria by L&K Development and authorize the Mayor to sign and City Clerk to attest Thank you for your consideration. 0 Page 1 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and L & K. Development LLC, pertaining to the street lights in Alexandria Subdivision, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. L & K Development has provided 5 street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Alexandria Subdivision in Meridian, Idaho, The parties acknowledge that the 5 street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. L & K Development LLC, or it'.s . assigns; agree, to, replace,, repair and provide any required maintenance of 'any of the above mentioned street lights, and/or appurtenances thereof that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is farther agreed that , or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do bum out and that the City will allow reasonable time to replace .them 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 5 street lights located in Alexandria Subdivision in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement. must be controlled by a photo electric, device of the "fail off' type. 5. It is understood and agreed that :L. & K Development LLC will assign, its rights and obligations hereunder to Alexandria Subdivision H.O.A. when said Homeowners Association.is formed and operational. STREET LIGHT AGREEMENT Page 1 This AGREEMENT shall be binding on L & K Development LLC. its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this day of 920 ATTEST: William G. Berg, Jr., City Clerk ATTEST: Secretary CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho :A Mayor DeWeerd. L & K Development LLC Y President STREET LIGHT AGREEMENT page 2 STATE OF IDAHO, ) ss. County of Ada, ) On this _ day of . 20_____, before me, the undersigned, a Notary Public in and for said State, personally appeared Mayor DEWEERD, and WILLIAM G. BERG, JR, known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY COMMISSION EXPIRES STATE OF IrAYb,) �- ss. County of ke)' ,) On this/, day of46a$7"--.200(0 , before me, the undersigned, a NotaryPublic in and fo said State, personally appeared and • .J1��.� known to me to be the President and Secretary of L & K Development LLC, and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. PivgytG q T ZO � 0 � t ���'►ttnttt�a NOTARY PUB FOOL IDAHO RESIDING AT MY COMMISSION EXPIRES cow-jwk 94".. STREET LIGHT AGREEMENT Page 3 0 • September 15, 2006 MERIDIAN CITY COUNCIL MEETING September 19,2W6 APPLICANT ITEM NO. S -E REQUEST Agreement for Professional Services with Civil Survey Consultants, Inc. for Design of Water Main Connections between Franklin Road, Lanark Street, Commercial Street, and Pine Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT.- CITY EPT: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 affached OTHER: Contacted: Date: Phone: Emailed: Staff Initials• Materials presented at public meetings shaft become properly of the City of Merman. Glenn K Bennem P.L,s. President Timothy A. Burgess, P,E, Vice President Len Grady, P.E. City Engineer City of Meridian 660 E. Watertower Meridian, ID 83642 • 0 Civil Survey Consultants, Inc. 1400 East Watertower Street Suite 100 Meridian, Idaho 83642 Re: Lanark Street — Water Main Connections Dear Len: (208)888-4312 Fax 888-0323 September 7, 2006 Thank you for considering Civil Survey Consultants to provide professional services related to your three potable water main north -south connections located near Lanark Street and your potable water main east -west connection in Lanark Street. The following is our understanding of the scope of services to be provided: A 10 -inch water main will be extended north from City Well #11 across railroad property and connecting to existing water main located at the south boundary of the Commercial Tire Warehouse. A 10 -inch water main will also be extended across 2311 Lanark Street connecting existing water mains in Lanark Street and Franklin Road. The Water main will connect to an existing 10" water stub to 2311 Lanark that was installed as part of the Franklin Road Utilities Improvement project. The third site involves extending an 8 -inch or 10 -inch water main across Lewis and Clark Middle School and railroad property. This extension would complete the north -south connection between Pine Street and Franklin Road.. A 10 -inch or 12 -inch water main will be extended east from the east property line of Meridian Academy School across 2630 Franklin Road and connect to the existing water main in Lanark Street. Civil Survey Consultants will perform field surveys as necessary for the design, and will prepare one set of plans and specifications for the City's use in bidding and constructing the project. The city will assist Civil Survey Consultants in getting permission from individual property owners to perform field surveys on their property. The plans and specifications will be submitted to the City of Meridian, Ada County Highway District, Idaho Department of Environmental Quality, Corps of Army Engineers, Idaho Department of Water Resources, and Nampa Meridian Irrigation District for review and approval prior to construction. Civil Survey Consultants will answer questions prior to the bid opening and attend the bid opening. All three north -south connection sites require crossing Union Pacific Railroad and/or Nampa Meridian Irrigation District facilities. Civil Survey Consultants will prepare all necessary UPRR and NMID applications for submittal and the City of Meridian will pay all required permit fees. Grady September 7, 2006 Sheet 2 of 2 One or more water main easements will need to be obtained at each site. It is our understanding that the city has contacted property owners and they have indicated 'a willingness to provide easements. Civil Survey Consultants will perform field surveys and obtain title reports as needed to prepare easement descriptions and exhibits. We will mail a copy of the easement description and exhibit to each property owner, along with any required easement forms for execution. We will assume that this project is for the benefit of the property owner and as such the necessary easements will be granted for no cost. If a property owner requests payment for an easement we will forward that request to the City for approval. Civil Survey Consultants will provide construction services under this scope of services. Construction services will include one set of construction stakes, random field inspections, preparation of change orders if necessary and preparation of record drawings. Full time construction observation is not included in this scope of services. The City of Meridian will provide all available information, arrange for utilities to be marked for plan preparation, perform plan reviews, conduct the bid opening, prepare and execute all construction contract documents, and provide construction administration including full time construction observation. Civil Survey Consultant will provide the design services as outlined above for a not to exceed amount of $23,915.00 unless approved in writing by the City of Meridian. Civil Survey Consultants will provide construction services on a time and materials basis. The current estimate for construction services is $4,730.00. A man-hour and fee estimate is attached. If the proposed scope of services and fee estimates are acceptable please sign and return one copy of the enclosed Agreement for Professional Services. Sincerely, Civil Survey Consultants, Inc. Corey Peacock, F.E. CIVIL SURVEY CONSULTANTS, INC. AGREEMENT FOR PROFESSIONAL SERVICES Project No. THIS AGREEMENT between THE CITY OF MERIDIAN, hereinafter referred to as the "CLIENT" and CIVIL SURVEY CONSULTANTS, INC., an Idaho Corporation, hereinafter referred to as "CSC" is made and entered into this Z?�ay of 57A.OV OAi 1 20016. The CLIENT and CSC in consideration of their mutual covenants herein agree as set forth below. The Client intends to construct three north -south water main connections located near Lanark Street and one east -west water main connection in Lanark Street, hereinafter referred to as the PROJECT. CLIENT INFORMATION AND RESPONSIBILITIES The CLIENT will provide to CSC a full and complete description of the PROJECT including; all design criteria, information as to CLIENT's requirements for the PROJECT, design objectives and constraints, capacity and performance requirements, flexibility and expandability needs, any budgetary limitations, and copies of all design and construction standards which CLIENT will require to be incorporated in the Drawings and Specifications. The CLIENT will also provide to CSC all associated project information including data prepared by others; soil borings, probmgs and subsurface explorations; hydrographic surveys; laboratory tests and inspection reports of samples, materials and equipment; studies and interpretations of all environmental assessment and impact statements; surveys of record; property descriptions; zoning, deed and other land use restrictions; title reports; other special data or consultations as may be available; all of which CSC may use and rely upon in performing services under this Agreement. The CLIENT will obtain permission for CSC to enter upon public and private property as required for CSC to perform services under this Agreement. SERVICES TO BE PERFORMED BY CSC CSC will provide services as outlined in the attached letter dated September 7, 2006. BASIS OF FET AND BILLING SCHEDULE The Client will pay CSC for services provided under this Agreement per the attached letter dated September 7, 2006. Notice to Proceed, either verbal or written, shall constitute acceptance of this Agreement by the CLIENT. THE TERMS AND CONDITIONS ARE PART OF THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND CONDITIONS. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. City of Meridian Civil Survey Consultants, Inc. 33 E. Idaho Avenue 1400 East Watertower Street, Suite 100 Meri ' 3642 Meridian, I BY: `0 IutlI &Yea rr,�` NAME: Y `` OF '��Timothy A. Burgess, Vice President TITLE:. O ATTEST BY: NAME: &1)bXfy,C. /.3 SEAL = TITLE: 6hf C'/ eIvA -- ' 1�$' APPROVED BY CITY COUNCIL: CIVIL SURVEY CONSULTANTS, INC. TERMS AND CONDITIONS GENERAL - CSC shall provide for CLIENT professional engineering and/or land surveying services for the Project described in this Agreement. These services will be performed in accordance with generally accepted professional practices for the intended use of the project. CSC makes no other warranty either expressed or implied. CSC shall not be responsible for acts or omissions of any party involved in the Project other than their own. CSC shall not be responsible for failure of any contractor or subcontractor to construct any item in accordance with recommendations issued by CSC. CSC has not been retained to supervise, direct or have control over Contractor's work. CSC specifically does not have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) fiarnishing and performing their work. Accordingly, CSC can neither guarantee the performance of the construction contacts by Contractor(s) nor assume responsibility for Contractor(s) failure to fiunish and perform their work in accordance with the Contract Documents. The CLIENT understands and agrees that subsurface and soils characteristics may vary greatly between successive test points and sample intervals. CSC will coordinate this work in accordance with generally accepted practice of the professional services being provided and makes no other warranties expressed or implied or as to the professional advice fumished by professionals providing soils testing or geotechnical advice. Resetting of survey and/or construction stakes shall constitute extra work and shall be paid for on a time and material basis in addition to any other payment provided in this Agreement. OPINIONS OF COST - CSC may be asked to provide opinions of construction or PROJECT costs as part of the professional services under this Agreement The CLIENT understands and agrees that CSC has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractors)' methods of determining prices, or over competitive bidding or market conditions. The CLIENT understands that CSC opinions of cost are based on CSC experience and represents CSC's judgment based on Haat experience, but CSC does not guarantee or warranty that either quotes, bids or estimates prepared by contractors, subcontractors or other will not deviate from opinions prepared by CSC. The CLIENT agrees to employ an independent cost estimator if the CLIENT desires additional assurance, warranty or guarantee of PROJECT costs. Should the CLIENT request that CSC modify any PROJECT aspect to reduce construction costs, then those services shall be considered additional and beyond the scope of this Agreement unless specifically steed otherwise in this Agreement REUSE OF DOCUMENTS - CSC shall retain an ownership interest of all professional products prepared by CSC. The CLIENT agrees that no product will be reused without specific written permission of CSC. The CLIENT agrees to indemnify and hold CSC harmless from any claims, damages, losses and expenses arising from unauthorized reuse of all work products prepared by CSC for the PROJECT. GOVERNING LAW - Unless otherwise provided in an addendum, the law of the State of Idaho will govern the validity of this Agreement, its interpretation and performance, and remedies for contract breach or any other claims related to this Agreement SUCCESSORS AND ASSIGNS - CLIENT and CSC each is hereby bound and the partners, successors, executors, administrators and legal representatives of CLIENT and CSC are likewise bound to the other party to this Agreement, in respect of all covenants, agreements and obligations of this Agreement. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than CLIENT and CSC, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of CLIENT and CSC and not for the benefit of any other party. TIMES OF PAYMENTS - CSC shall submit monthly statements for services rendered and for Reimbursable Expenses incurred. CLIENT shall make prompt monthly payments. If CLIENT fails to make any payment due CSC for services and expenses within thirty (30) days after receipt of CSC's statement therefor, the amounts due CSC will be increased at the rate of 1.5% per month from said tenth day, and in addition, CSC may, after giving ten days' written notice to CLIENT suspend services under this Agreement until CSC has been paid in full all amounts due for services, expenses and charges. TERMINATION - The obligation to provide further services under this Agreement may be terminated by either party upon thirty days' written notice. Such termination shall be based upon substantial lack of performance by the other party under the terms and conditions of this Agreement when said substantial lack of performance is through no fault of the terminating party. If this Agreement is terminated by either party, CSC shall be paid for services rendered and for reimbursable expenses incurred to the date of such termination. HAZARDOUS WASTE AND ASBESTOS - The CLIENT and CSC agree that the work covered in this Agreement does not anticipate either the presence or remediation of hazardous waste and/or asbestos. Hazardous materials may exist where there is not reason to believe they should be present. CSC and the CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. CSC and the CLIENT ' also agree that the discovery of unanticipated hazardous materials may make it necessary for CSC to take immediate measures to protect human health and safety, and/or the environment. CSC agrees to notify the CLIENT as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. The CLIENT encourages CSC to take any and all measures that in CSC's professional opinion are justified to preserve and protect the health and safety of CSC's personnel and the public, and/or the environment, and the CLIENT agrees to compensate CSC for the additional cost of such work. In addition, the CLIENT waives any claim against CSC, and agrees to indemnify, defend and hold CSC harmless from any claim or liability for injury or loss arising from CSC's encountering unanticipated hazardous materials or suspected hazardous materials. The CLIENT also agrees to compensate CSC for any time spent and expenses incurred by CSC in defense of any such claim, with such compensation to be based upon CSC's prevailing fee schedule and expense reimbursement policy. DISPUTE RESOLUTION - All claims, disputes or controversies arising out of, or in relation to the interpretation, application or enforcement of this Agreement shall be decided through non-binding mediation or other mutually agreed alternative dispute resolution technique. The CLIENT and CSC agree non-binding mediation or other mutually acceptable alternative dispute resolution technique shall precede litigation or recourse to other judicial forums. RECOVERY OF DISPUTE RESOLUTION COSTS - In the event that legal action is brought by either parry against the other, the prevailing party shall be reimbursed by the other for the prevailing party's legal costs, in addition to whatever other judgments or settlement sums, if any, may be due. Such legal costs shall include, but not be limited to, reasonable attorney's fees, court costs, expert witness fees and other documented expenses, as well as the value of time spent by the prevailing party and those in his or her employ in researching the issues in questions, discussing matters with attorneys and others, preparing for depositions, responding to interrogatories, and so on. The value of time spent and the expenses incurred shall, on CSC's part, be computed based upon CSC's prevailing fee schedule and expense reimbursement policy relative to the recovery of direct project costs. EXTENT OF AGREEMENT - This Agreement represents the entire and integrated agreement between the CLIENT and CSC and supersedes all prior negotiations, representations or agreements, written or oral. The Agreement may be amended only by written instrument sigaed by both CLIENT and CSC. Glenn K. Bennett, P.L.S. President Timothy A. Burgess, P.B. Vice President Labor. Civil Survey Consultants, Inc. 1400 East Watertower Street Suite 100 Meridian, Idaho 83642 CML SURVEY CONSULTANTS PREVAILING FEE SCFIEDULE EFFECTIVE OCTOBER 1, 2005 Project Manager Chief of Surveys Project Engineer Land Surveyor Design Engineer 1 Design Engineer 2 Design/Survey Technician 1 Design/Survey Technician 2 Direct Expenses: - $ 100.00 per hour • $ 100.00 per hour - $ 85.00 per hour - $ 75.00 per hour - $ 75.00 per hour - $ 70.00 per hour - $ 65.00 per hour - $ 60.00 per hour GPS - $ 40.00 per hour Vehicle 2 -Wheel Drive - $ No Charge Vehicle 4 -Wheel Drive - $ No Charge Outside Printing - $ Cost Long Distance Telephone - $ Cost Sub -Consultants - $ Cost (208)888-4312 Fax 888-0323 • , RECEIVED D -•EP 12 2006 City Of Meridian City Clerk Office Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer tx- CC: File Date: 9/11/2006 Re: Proposed Agenda Item for September 19, 2006 City Council Meeting The Public Works Department respectfully requests the following item be placed on the September 19 City Council agenda, under Consent Agenda, for Council's consideration: Agreement for Professional Services with Civil Survey Consultants Inc for design of Water Main Connections between Franklin Road, Lanark Street Commercial Street and Pine Avenue. This agreement is for providing surveying, engineering consultation, and design services to produce construction plans, a bid package, and easements for building several water main connections which will improve water distribution between Franklin and Pine. Recommended Council Action: The Public Works Department recommends that City Council approves the Agreement for Professional Services with Civil Survey Consultants, Inc. for design of Water Main Connections between Franklin Road, Lanark Street, Commercial Street, and Pine Avenue for a cost not to exceed $23,916. Thank you for your consideration. Please contact me if you have any questions regarding this item. 0 Page 1 r Glenn K Bennett, P.L.S. President Timothy A. Burgess, P.E. Vice President Len Grady, P.E. City Engineer City of Meridian 660 E. Watertower Meridian, ID 83642 Civil Survey Consultants, Inc. 1400 East Watertower Street Suite 100 Meridian, Idaho 83642 Re: Lanark Street — Water Main Connections Dear Len: (208)888-4312 Fax 888-0323 September 7, 2006 Thank you for considering Civil Survey Consultants to provide professional services related to your three potable water main north -south connections located near Lanark Street and your potable water main east -west connection in Lanark Street. The following is our understanding of the scope of services to be provided: A 10 -inch water main will be extended north from City Well #11 across railroad property and connecting to existing water main located at the south boundary of the Commercial Tire Warehouse. A 10 -inch water main will also be extended across 2311 Lanark Street connecting existing water mains in Lanark Street and Franklin Road. The Water main will connect to an existing 10" water stub to 2311 Lanark that was installed as part of the Franklin Road Utilities Improvement project. The third site involves extending an 8 -inch or 10 -inch water main across Lewis and Clark Middle School and railroad property. This extension would complete the north -south connection between Pine Street and Franklin Road. A 10 -inch or 12 -inch water main will be extended east from the east property line of Meridian Academy School across 2630 Franklin Road and connect to the existing water main in Lanark Street. 1 Civil Survey Consultants will perform field surveys as necessary for the design, and will prepare one set of plans and specifications for the City's use in bidding and constructing the project. The city will assist Civil Survey Consultants in getting permission from individual property owners to perform field surveys on their property. The plans and specifications will be submitted to the City of Meridian, Ada County Highway District, Idaho Department of Environmental Quality, Corps of Army Engineers, Idaho Department of Water Resources, and Nampa Meridian Irrigation District for review and approval prior to construction. Civil Survey Consultants will answer questions prior to the bid opening and attend the bid opening. All three north -south connection sites require crossing Union Pacific Railroad and/or Nampa Meridian Irrigation District facilities. Civil Survey Consultants will prepare all necessary UPRR and NMID applications for submittal and the City of Meridian will pay all required permit fees. Grady September 7, 2006 Sheet 2 of 2 One or more water main easements will need to be obtained at each site. It is our understanding that the city has contacted property owners and they have indicated a willingness to provide easements. Civil Survey Consultants will perform field surveys and obtain title reports as needed to prepare easement descriptions and exhibits. We will mail a copy of the easement description and exhibit to each property owner, along with any required easement forms for execution. We will assume that this project is for the benefit of the property owner and as such the necessary easements will be granted for no cost. If a property owner requests payment for an easement we will forward that request to the City for approval. Civil Survey Consultants will provide construction services under this scope of services. Construction services will include one set of construction stakes, random field inspections, preparation of change orders if necessary and preparation of record drawings. Full time construction observation is not included in this scope of services. The City of Meridian will provide all available information, arrange for utilities to be marked for plan preparation, perform plan reviews, conduct the bid opening, prepare and execute all construction contract documents, and provide construction administration including full time construction observation. Civil Survey Consultant will provide the design services as outlined above for a not to exceed amount of $23,915.00 unless approved in writing by the City of Meridian. Civil Survey Consultants will provide construction services on a time and materials basis. The current estimate for construction services is $4,730.00. A man-hour and fee estimate is attached. If the proposed scope of services and fee estimates are acceptable please sign and return one copy of the enclosed Agreement for Professional Services. Sincerely, Civil Survey Consultants, Inc. Corey Peacock, P.E. CIVIL, St AGREEMENT Project No. THIS AGREEMENT between THE CITY OF CONSULTANTS, INC., an Idaho Corporation, 20 herein agree as set forth below. The Client intends to construct three north -south main connection in Lanark Street, hereinafter ref CLIENT INFORMATION AND 9 V CONSULTANTS, INC. PROFESSIONAL SERVICES AN, hereinafter referred to as the "CLIENT" and CIVIL SURVEY er referred to as "CSC" is made and entered into this day of The CLIENT and CSC in consideration of their mutual covenants main connections located near Lanark Street and one east -west water to as the PROJECT. The CLIENT will provide to CSC a full and complete description of the PROJECT including; all design criteria, information as to CLIENT's requirements for the PROJECT, design objectives and constraints, capacity and performance requirements, flexibility and expandability needs, any budgetary limitations, and copies of all design and construction standards which CLIENT will require to be incorporated in the Drawings and Specifications. The CLIENT will also provide to CSC all associated project information including data prepared by others; soil borings, probmgs and subsurface explorations; hydrographic urveys; laboratory tests and inspection reports of samples, materials and equipment; studies and interpretations of all enviro 3mental assessment and impact statements; surveys of record; property descriptions; zoning, deed and other land use restric ons; title reports; other special data or consultations as may be available; all of which CSC may use and rely upon in performir g services under this Agreement. The CLIENT will obtain permission for CSC to e services under this Agreement. SERVICES TO BE PERFORMED BY CSC CSC will provide services as outlined in the attached BASIS OF FEE AND BILLING SCHEDULE The Client will pay CSC for services provided under Notice to Proceed, either verbal or written, shall AND CONDITIONS ARE PART OF THIS CONDITIONS. IN WITNESS WHEREOF, the above written. City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 BY: NAME: TITLE: ATTEST BY: NAME: TITLE: APPROVED BY CITY COUNCIL: upon public and private property as required for CSC to perform dated September 7, 2006. Agreement per the attached letter dated September 7, 2006. xte acceptance of this Agreement by the CLIENT. THE TERMS 3MENT. THE CLIENT AGREES TO SAID TERMS AND hereto have executed this Agreement as of the day and year first Civil Survey Consultants, Inc. 1400 East Watertower Street, Suite 100 Meridian, I 2 BY: tet_ /% z Timothy A. Burgess, -Vice President CIVIL, SlVEY CONSULTANTS, INC. TE S AND CONDITIONS GENERAL - CSC shall provide for CLIENT p ofessional engineering and/or land surveying services for the Project described in this Agreement. These services will b performed in accordance with generally accepted professional practices for the intended use of the project. CSC makes no er warranty either expressed or implied. CSC shall not be responsible for acts or omissions of any parry involved in the Project other than their own. CSC shall not be responsible for failure of any contractor or subcontractor to construct any item in accordance with recommendations issued by CSC. CSC has not been retained to supervise, direct or have control over Contractor's work CSC specifically does not have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s), for safety precautions and programs iricident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their work Accordingly, CSC can neither guarantee the performance of the construction contracts by Contractor(s) nor assume responsibility for Contractor(s) failure to fiarnish an4 perform their work in accordance with the Contract Documents. The CLIENT understands and agrees that subsurface and soils characteristics may vary greatly between successive test points and sample intervals. CSC will coordinate this work in accordance with generally accepted practice of the professional services being provided and makes no other warranties expressed or implied or as to the professional advice furnished by professionals providing soils testing or geotechnical advice. Resetting of survey and/or construction stakes shall addition to any other payment provided in this Agre OPINIONS OF COST - CSC may be asked to pro, services under this Agreement. The CLIENT u materials, equipment or services furnished by of competitive bidding or market conditions. The CL and represents CSC's judgment based on that expe estimates prepared by contractors, subcontractors agrees to employ an independent cost estimator PROJECT costs. Should the CLIENT request that CSC modify any considered additional and beyond the scope of this extra work and shall be paid for on a time and material basis in opinions of construction or PROJECT costs as part of the professional :rstands and agrees that CSC has no control over the cost of labor, s, or over the Contractor(s)' methods of determining prices, or over JT understands that CSC opinions of cost are based on CSC experience ace, but CSC does not guarantee or warranty that either quotes, bids or other will not deviate from opinions prepared by CSC. The CLIENT the CLIENT desires additional assurance, warranty or guarantee of aspect to reduce construction costs, then those services shall be unless specifically stated otherwise in this Agreement. REUSE OF DOCUMENTS - CSC shall retain an ownership interest of all professional products prepared by CSC. The CLIENT agrees that no product will be reused without specific written permission of CSC. The CLIENT agrees to indemnify and hold CSC harmless from any claims, damages, losses and expenses arising from unauthorized reuse of all work products prepared by CSC for the PROJECT. GOVERNING LAW - Unless otherwise provided ii L an addendum, the law of the State of Idaho will govern the validity of this Agreement, its interpretation and performance, and remedies for contract breach or any other claims related to this Agreement. SUCCESSORS AND ASSIGNS - CLIENT and SC each is hereby bound and the partners, successors, executors, administrators and legal representatives of CIM41 and CSC are likewise bound to the other party to this Agreement, in respect of all covenants, agreements and obligations f this Agreement. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than CLIENT and CSC, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of'CLIENT and CSC and not for the benefit of any other party. TIMES OF PAYMENTS - CSC shall submit mo y statements for services rendered and for Reimbursable Expenses incurred. CLIENT shall make prompt monthly pa ents. If CLIENT fails to make any payment due CSC for services and expenses within thirty (30) days after receipt of CSC' statement therefor, the amounts due CSC will be increased at the rate of 1.5% per month from said tenth day, and in additi n, CSC may, after giving ten days' written notice to CLIENT, suspend services under this Agreement until CSC has been p 'd in full all amounts due for services, expenses and charges. TERMINATION - The obligation to provide fintht r services under this Agreement may be terminated by either party upon thirty days' written notice. Such termination shall b based upon substantial lack of performance by the other party under the terms and conditions of this Agreement when said si Lbstantial lack of performance is through no fault of the terminating party. If this Agreement is terminated by either party, C SC shall be paid for services rendered and for reimbursable expenses incurred to the date of such termination. HAZARDOUS WASTE AND ASBESTOS - The CLIENT and CSC agree that the work covered in this Agreement does not anticipate either the presence or remediation of hazardous waste and/or asbestos. Hazardous materials may exist where there is not reason to believe they should be present. CSC and the CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. CSC and the CLIENT also agree that the discovery of unarkticipated hazardous materials may make it necessary for CSC to take immediate measures to protect human health ands ety, and/or the environment. CSC agrees to notify the CLIENT as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. The CLIENT encourages CSC to take any and all measm es that in CSC's professional opinion are justified to preserve and protect the health and safety of CSC's personnel and the put lic, and/or the environment, and the CLIENT agrees to compensate CSC for the additional cost of such work. In addition, the CLIENT waives any claim against CSC, and agrees to indemnify, defend and hold CSC harmless from any claim or liability f r injury or loss arising from CSC's encountering unanticipated hazardous materials or suspected hazardous materials. The CLIENT also agrees to compensate CSC for any time spent and expenses incurred by CSC in defense of any such claim, with such compensation to be based upon CSC's prevailing fee schedule and expense reimbursement policy. DISPUTE RESOLUTION - All claims, disputes or c ntroversies arising out of or in relation to the interpretation, application or enforcement of this Agreement shall be decided through non-binding mediation or other mutually agreed alternative dispute resolution technique. The CLIENT and CSC agree non-binding mediation or other mutually acceptable alternative dispute resolution technique shall precede litigation or recourse to other judicial forums. RECOVERY OF DISPUTE RESOLUTION COST other, the prevailing party shall be reimbursed by th( judgments or settlement sums, if any, may be due. ; fees, court costs, expert witness fees and other docun and those in his or her employ in researching the iss for depositions, responding to interrogatories, and sc part, be computed based upon CSC's prevailing fee direct project costs. EXTENT OF AGREEMENT - This Agreement repr( and supersedes all prior negotiations, representations written instrument signed by both CLIENT and CSC. - In the event that legal action is brought by either party against the other for the prevailing party's legal costs, in addition to whatever other ich legal costs shall include, but not be limited to, reasonable attorney's ,nted expenses, as well as the value of time spent by the prevailing party es in questions, discussing matters with attorneys and others, preparing on. The value of time spent and the expenses incurred shall, on CSC's schedule and expense reimbursement policy relative to the recovery of ats the entire and integrated agreement between the CLIENT and CSC agreements, written or oral. The Agreement may be amended only by L�m Glenn K. Bennett, P.L.S. Civil Survey Consultants, Inc. President 1400 East Watertower Street Suite 100 Timothy A. Burgess, P.E.ridian, Idaho 83642 Vice President Mle Labor: Project Manager Chief of Surveys Project Engineer Land Surveyor Design Engineer 1 Design Engineer 2 Design/Survey Tec Design/Survey Tec Direct Expenses: CIVIL URVEY CONSULTANTS PREVAILING FEE SCHEDULE EFFECTIVE OCTOBER 1, 2005 ici 1 ici 2 GPS Vehicle 2 -Wheel Drive Vehicle 4 -Wheel Drive Outside Printing Long Distance Telephone Sub -Consultants - $ 100.00 per hour - $ 100.00 per hour - $ 85.00 per hour - $ 75.00 per hour - $ 75.00 per hour - $ 70.00 per hour - $ 65.00 per hour - $ 60.00 per hour - $ 40.00 per hour - $ No Charge - $ No Charge - $ Cost - $ Cost - $ Cost (208)8884312 Fax 888-0323 C September 15, 2006 MERIDIAN CITY COUNCIL MEETING • ber 19, 2006 APPLICANT Beachwood Builders, Inc ITEM NO. REQUEST Resolution -- Request for a Vacation of the Public Utility, irriaation easement common to Lots 3 and 4. block 3 for Javden Vii 3059 & 3077 North Christian Way AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: (,J Emailed: Sol-jcs e% Materials presented at COMMENTS See attached VAC 06-011 5-F and Date: ® Phone: 3qq- 7®® ndn 9. Stdff In tials: Shan beC'OW %pedy of the City of Meridian. CITY OF MERIDIAN BY THE CITY COUNCIL: A RESOLUTION VACA AND IRRIGATION EASEMENT JAYDEN VILLAGE SUBDIVISII SECTION 4, TOWNSHIP 3 NOR ADA COUNTY, STATE OF IDA] ADA COUNTY RECORDER J. DAUTARRO AMOUNT .00 4 BOISE IDAHO 09/29/06 03:68 PM RECORDED -REQDEPUTY Bonnie Oberbillig EST OF Meridian City 106155842 RESOLUTION NO. 06-5733 BIRD, BORTON, ROUNTREE, WARDLE NG THE PUBLIC UTILITIES, DRAINAGE BETWEEN LOTS 3 & 4, BLOCK 3 IN THE )N, LOCATED IN GOVERNMENT LOT 2 OF CH, RANGE 1 WEST, CITY OF MERIDIAN, [O; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September �2, 2006 the City Council of the City of Meridian, held a hearing on the vacation of the between lots 3 & 4, Block 3 in the J Lot 2 of Section 4, Township 3 Nor State of Idaho, and WHEREAS, after such said described vacation; and public utilities, drainage and irrigation easement Village Subdivision, located in Government Range 1 West, City of Meridian, Ada County, the City Council, by formal motion, did approve NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the vacation of the public utilities, drainage and irrigation easement between lots 3 & 4, Block in the Jayden Village Subdivision, located in Government Lot 2 of Section 4, To ship 3 North, Range 1 West, City of Meridian, Ada County, State of Idaho is hereby attached as Exhibit "A". Section 2. That this upon its adoption and approval. VACATION OF PUBLIC UTILITIES, JAYDEN VILLAGE SUBDIVISION Copies of the necessary relinquishments are shall be in full force and effect immediately E AND IlMGATION EASEMENT IN Page 1 of 2 • PASSED BY THE CITY IDAHO, this day of APPROVED BY THE this ��("" day of ATTEST: _ CITY CLERK STATE OF IDAHO, ) ss County of Ada ) On this 101 ih day undersigned, a Notary Public in and WEERD and WILLIAM G. BERG, respectively, of the City of Meridian acknowledged to me that the City of IN WITNESS WI official seal the day and year first 0680604 V ARA '•. ® NO sV,V (s0 • NNC VACATION OF PUBLIC UTILITIES, JAYDEN VILLAGE SUBDIVISION 0 UNCIL OF THE CITY OF MERIDIAN, An /�6& , 2006. OF THE CITY OF MERIDIAN, IDAHO, ' kltr , 2006. de WEERD CF r„ 0 SEAL /,'r��JJJIJtI III1111��````\\a` )f E!m , 2006, before me, the nor said State, personally appeared TAMMY de R., known to me to be the Mayor and City Clerk, Idaho, and who executed the within instrument, and Meridian executed the same. IF, I have hereunto set my hand and affixed my written. NOTARY PUBLIC FOR IDAHO RESIDING AT: �d �I1 11) MY COMMISSION EXPIRES: 1Q-1 Id I AGE AND IRRIGATION EASEMENT IN Page 2 of 2 Vicinity Map W. usnCK Exhibit A - 1 • T. 3 N. 34 03 P7 Jayden Village Subdivision Plat ai M c I 1-7 -7 Irs. a 0 Exhibit A - 2 noari N s L' September 15, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Reimbursement Al Hightower, LLC for Construct! 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: Materials presented at pubnc • 19, 2006 mt between the Cit, ITEM NO. 5-G of Meridian and 1500 feet of 104nch water main COMMENTS See attached hIT 04-11 Date: Phone: Staff Initials: shun become properly of the City of Meridian. nun wwnl t V. .n " .......... DEPUTY 68 PM Bonnie Obabil g UTY RECORDED-REQUEST OF �IIIIIII!lIIIIIIIiIiIIlI1IlI11lI III Meddian Clay 106155047 AGREEMENT TIM AGREEMENT made this � day of 2004 , by and between the CITY OF MERIDIAN, a municipal corporation, hereinafter called CITY, and IR tower, LLC , hereinafter called DEVELOPER: WITNESSETH: WHEREAS, DEVELOPER owns land inside the corporate limits of the City of Meridian and will construct a domestic water system to their serve property or project, Hightower Subdivision , as shown on Exhibit "A' and has requested reimbursement for certain portions of the domestic water system; WHEREAS, upon recommendation of the Public Works Department, the Council of CITY accepted and approved the proposal of DEVELOPER subject to all conditions hereinafter provided by this Agreement. NOW THEREFORE, in consideration of the foregoing premises, it is agreed: A. Preparation of Plans. DEVELOPER shall prepare plans and specifications, drawings, instructions, bid proposal and all other contract documents for the construction and installation of domestic water system, shown on Exhibit "A', including rights -of —way, grades and elevation, and materials to be used in the construction and installation of said domestic water system. B. Construction of Domestic Water Mains. (1) DEVELOPER shall install and construct the domestic water system and appurtenances as shown on Exhibit "A", subject to the conditions hereinafter provided. (2) DEVELOPER shall provide all engineering, surveying, contract administration, permanent and temporary construction easements for the construction of domestic water system described on Exhibit "A". (3) DEVELOPER shall provide all testing, sampling and other normally conducted quality control/quality insurance of installed systems. (3) CITY shall provide inspection services for the construction of the domestic water system described on Exhibit "A". C. Construction Costs: Cost of the water main that is subject to reimbursement will be approximately $66,120.55 using unit prices and estimated quantities shown on the construction bid schedule, Exhibit B. Page 1 of 6 D. DEVELOPER @Ad CITY Res onsibili for Costs. Because the DEVELOPER will construct a ten -inch water line, as shown on Exhibit "A", at the request of the CITY, it is mutually agreed that the City will reimburse the DEVELOPER for 28% of the actual cost of the ten -inch water line in accordance with City Ordinance 9-1-13, and per the unit prices in Exhibit B. It shall be the responsibility of the DEVELOPER to provide 100% of the financing of the project. E. Term of Agreement. The CITY shall make payment to the DEVELOPER within 90 days of the acceptance of the project domestic water system. F. Domestic Water Lines on DEVELOPER'S PLop . As a condition for CITY entering this Agreement, DEVELOPER shall: Submit to inspection by either the Public Works Department or the Building Department of CITY whenever a building is to be connected to the domestic water system constructed and installed on and within its property. G. Cost of Domestic Water Ling on DEVELOPER'S Pro . All costs and expenses, including the construction, engineering, advertising, clerical and legal and all licenses and permits which may be required for the construction and installation of the domestic water system upon and within DEVELOPER'S property, shall be at DEVELOPER'S sole expense. This condition specifically excludes the CITY'S share of the domestic water system on Exhibit "A". H. Compliance with Laws. (1) In constructing and installing the domestic water system within its property, DEVELOPER, at its sole expense, shall comply with laws, orders and regulations of Federal, State and Municipal authorities and at its sole expense shall obtain all licenses or permits which may be required for the performance of this Agreement. (2) Upon connection to the domestic water system, DEVELOPER agrees to abide by all applicable City laws, rules and regulations pertaining to domestic water system. I. Indemnification and Insurance. DEVELOPER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by DEVELOPER, its servants, agents, employees, guest, and business invitees, and not caused by or arising out of tortuous conduct of CITY or its employees. In addition, DEVELOPER shall maintain, and specifically agrees that it will maintain, for a period of one year from the date of this Agreement, liability insurance in which CITY shall be named insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein Page 2 of 6 0 • provided, DEVELOPER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions or judgments for damages or liability to persons or property. DEVELOPER shall provide CITY with a Certificate of Insurance or other proof of insurance evidencing DEVELOPER'S compliance with the requirements of this paragraph and file such proof of insurance with the public Works Department. In the event the insurance minimums of the Idaho Tort Claims Act are changed, the CITY shall notify the DEVELOPER of the change, and Tort Claims Act are changes, the CITY shall notify the DEVELOPER of the change and DEVELOPER shall immediately submit proof of compliance with the changed limits. J. No Assignment. DEVELOPER shall not assign any portion of this Agreement or any privilege here under, either voluntarily or involuntarily, without the prior written consent of the CITY, which consent shall not be unreasonably withheld. K. Definition of DEVELOPER'S Property. The term "DEVELOPER'S PROPERTY" in the Agreement shall mean the parcels described on Exhibit "A" attached hereto. L. Binding Effect. An executed copy of this document shall be recorded in the office of the Ada County Recorders and is an Encumbrance which shall be binding upon all of DEVELOPER'S assigns, or successors in interest to said property. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. DEVELOPER: Name (printed) Signature STATE OF IDAHO ) ) ss County of Ada ) Title qbl Date Secretary, On this day of , OSP ,before me the undersigned, a Notary Public in and for said 9tate, personally appearedffeAer i CLO IUeSt . and ,known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunl� t�.set�y hand an�r�e�.. / J Ifficial seal and year first above written. AMllf, NAMN Nfty Pablo ea�aai,� my canon Dow M2VJLZfZPage 3 of 6 9 Notary Public For Idaho Residing at: Commission Expires. (SEAL) OF ftp ICAYOR - SAL > 1OP ATTEST: CTTY CLERK STATE OF IDAHO ) �f�r►rr►rn nl���`"�, ) ss County of Ada ) On this -=day of �ti `� , before me the undersigned, a Notary Public in and for said State, personallypeared TAMMY DE WEERD and WILLIAM G. BERG, JR, known to me to be The Mayor and City Clerk of the City of Meridian, Idaho, who executed the within instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my ox firstcial seal the day and year Anve written Notary Public For Idahg Residing at /i2C L ' ; Exhibit A US 20/26. ULUWCI- ULPU proximately 1500 ft of 1011 water main T 0 r:!iwllllllll Jericho St. Page 5 of 6 z'XH� r3� T AD • Hard Rock Construction, Inc. 4190 N. Star Road<�►Meddtarr, ID 83642c�Phout 208-296-9456 Fax 209-286-9458 PROPOSAL Date: August 22, 2006 Mia" Hightower IM. 4wned0ontractor. Hightower LLC. Location: Engineer. Date of Pians: BID INCLUDES: rmm (2) 10' Gate Valves (3) Pl pgs 23 FT $ 33.85 S 51,553.55 10 FEA $ 1,228.70 3 12.257.00 1 L$ $ 2,300.00 S 2,300.00 zoo Fs 656"atw 2004 q0 RVft Ae=rmd page 4-eF96 6' c'F C* wwiw.eZ-eametor.com 7s LA 14 i • To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineeri� CC: File Date: 9/13/06 City Of Meridian City Clerk Office Re: Proposed Agenda Item for September 19, 2006 City Council Meeting The Public Works Department respectfully requests the following item be placed on the September 19 City Council agenda, under Consent Agenda, for Council's consideration: Reimbursement Agreement between the City of Meridian and Hightower LLC This agreement reimburses Hightower, LLC for construction of approximately 1500 feet of oversized water main through Hightower Subdivision. The total reimbursement will depend on the final measurement of built pipe. The estimated total reimbursement is $18,513. Recommended Council Action: The Public Works Department recommends that City Council approves the Reimbursement Agreement between the City of Meridian and Hightower, LLC for constructing approximately 1500 feet of 10 - inch water main for an estimated total reimbursement of $18,513 and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 1 AGREEMENT THIS AGREEMENT made this day of ,20 , by and between the CITY OF MERIDIAN, a municipal corporation, hereinafter called CITY, and Hightower, LLC hereinafter called DEVELOPER: ' WITNESSETH: WHEREAS, DEVELOPER owns land inside the corporate limits of the City of Meridian and will construct a domestic water system to their serve property or project, Hightower Subdivision as shown on Exhibit "A" and has requested reimbursement for certain portions of the domestic water system; WHEREAS, upon recommendation of the Public Works Department, the Council of CITY accepted and approved the proposal of DEVELOPER subject to all conditions hereinafter provided by this Agreement. NOW THEREFORE, in consideration of the foregoing premises, it is agreed: A. Preparation of Plans. DEVELOPER shall prepare plans and specifications, drawings, instructions, bid proposal and all other contract documents for the construction and installation of domestic water system, shown on Exhibit "A", including rights -of way, grades and elevation, and materials to be used in the construction and installation of said domestic water system. B. Construction of Domestic Water Mains. (1) DEVELOPER shall install and construct the domestic water system and appurtenances as shown on Exhibit "A", subject to the conditions hereinafter provided: (2) DEVELOPER shall provide all engineering, surveying, contract administration, permanent and temporary construction easements for the construction of domestic water system described on Exhibit "A". (3) DEVELOPER shall provide all testing, sampling and other normally conducted quality control/quality insurance of installed systems. (3) CITY shall provide inspection services for the construction of the domestic water system described on Exhibit "A". C. Construction Costs: Cost of the water main that is subject to reimbursement will be approximately $66,120.55 using unit prices and estimated quantities shown on the construction bid schedule, Exhibit B. Page 1 of 6 0 . D. DEVELOPER and CITY Responsibility for Costs. Because the DEVELOPER will construct a ten -inch water line, as shown on Exhibit "A", at the request of the CITY, it is mutually agreed that the City will reimburse the DEVELOPER for 28% of the actual cost of the ten -inch water line in accordance with City Ordinance 9-1-13, and per the unit prices in Exhibit B. It shall be the responsibility of the DEVELOPER to provide 100% of the financing of the project. E. Term of Agreement. The CITY shall make payment to the DEVELOPER within 90 days of the acceptance of the project domestic water system. F. Domestic Water Lines on DEVELOPER'S Property. As a condition for CITY entering this Agreement, DEVELOPER shall: Submit to inspection by either the Public Works Department or the Building Department of CITY whenever a building is to be connected to the domestic water system constructed and installed on and within its property. G. Cost of Domestic Water Line on DEVELOPER'S Property_. All costs and expenses, including the construction, engineering, advertising, clerical and legal and all licenses and permits which may be required for the construction and installation of the domestic water system upon and within DEVELOPER'S property, shall be at DEVELOPER'S sole expense. This condition specifically excludes the CITY'S share of the domestic water system on Exhibit "A". H. Compliance with Laws. (1) In constructing and installing the domestic water system within its property, DEVELOPER, at its sole expense, shall comply with laws, orders and regulations of Federal, State and Municipal authorities and at its sole expense shall obtain all licenses or permits which may be required for the performance of this Agreement. (2) Upon connection to the domestic water system, DEVELOPER agrees to abide by all applicable City laws, rules and regulations pertaining to domestic water system. I. Indemnification and Insurance. DEVELOPER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by DEVELOPER, its servants, agents, employees, guest, and business invitees, and not caused by or arising out of tortuous conduct of CITY or its employees. In addition, DEVELOPER shall maintain, and specifically agrees that it will maintain, for a period of one year from the date of this Agreement, liability insurance in which CITY shall be named insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein Page 2 of 6 i 0 provided, DEVELOPER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions or judgments for damages or liability to persons or property. DEVELOPER shall provide CITY with a Certificate of Insurance or other proof of insurance evidencing DEVELOPER'S compliance with the requirements of this paragraph and file such proof of insurance with the public Works Department. In the event the insurance minimums of the Idaho Tort Claims Act are changed, the CITY shall notify the DEVELOPER of the change, and Tort Claims Act are changes, the CITY shall notify the DEVELOPER of the change and DEVELOPER shall immediately submit proof of compliance with the changed limits. J. No Assignment. DEVELOPER shall not assign any portion of this Agreement or any privilege here under, either voluntarily or involuntarily, without the prior written consent of the CITY, which consent shall not be unreasonably withheld. K. Definition of DEVELOPER'S Property. The term "DEVELOPER'S PROPERTY" in the Agreement shall mean the parcels described on Exhibit "A" attached hereto. L. Binding Effect. An executed copy of this document shall be recorded in the office of the Ada County Recorders and is an Encumbrance which shall be binding upon all of DEVELOPER'S assigns, or successors in interest to said property. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. DEVELOPER: Name (printed) �- Signature Secretary, STATE OF IDAHO ) ) ss County of Ada ) Title Date On this /36Lday of , �2X(v , before me the undersigned, a Notary Public in and for said 9tate, personally appeared fri ede ' i CSC & NeZit . and ,known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunn1 hand and affixed m official seal the and year first above written. n nay commbsion 9sZPage 3 of 6 Notary Public For Idaho Residing at: Commission Expires: (SEAL) MAYOR ATTEST: CITY CLERK STATE OF IDAHO ) ) ss County of Ada ) On this day of , before me the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR, known to me to be The Mayor and City Clerk of the City of Meridian, Idaho, who executed the within instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public For Idaho Residing at: Commission Expires: (SEAL) Page 4 of 6 0 0 Exhibit A 20/2-6- o7proximnately 1500 ���� 0'9 water main■ ��h t�iiuffi ■ 7 III" Jericho St. T Page 5 of 6 Hard Rock Consftuction, Inc. 4190 N. Star Road<>Meridian, ID 830-42<�,-Phone 208-286-9456 Fax 208-286-9458 PROPOSAL Date: August 22, 2008 Project: Hightower Sub. Owner/Contractor: Hightower LLC. Location: Engineer. ©ate of Plans: BID INCLUDES: rTEm SCOPE OF WORK NO. DESCRIPTION QTY UNIT UNIT COST TOTAL COST Nater Main (1) 10' Water Main 1523 FT @ $ 33.85 S 51,553.55, (2) 10' Gate Valves 10 EA Q $ 1,226.70 $ 12.267.00 (3) Fittings 1 LS @ $ 2,300.00 S 2.300.00 71-F11-4 17-1,A4 4 -FL7 Et Estimator 2004 All Rights Reserved Page 4-W k jF; ,4 www.ez-estimiitor.com • September 15, 2006 MERIDIAN CITY COUNCIL MEETING September 19, 2006 APPLICANT ITEM NO. S -H REQUEST Work Order with Idaho Power for Power to Serve New City Hall 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 altached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materlub presented at pubpc meetbW strop become property of the City of Meridian. In Account With CITY OF MERIDIAN WORK ORDER DESIGN # 57861 In accordance with your request: Line Location: POWER TO SERVE NEW CITY HALL Cost of project Less allowance Plus Unusual Cond. Plus Additional Engineering fees Plus Misc. charges Amount to be paid and received prior to job being scheduled for construction: Quote good for sixty days (60) days. Date 8/16/06 $ 20,684.00 $ 1,500.00 $ 22,184.00 ❑X Please return signed and dated Service Request and Customer Cost document. (attached) JPlease return signed and dated Work Order Map. M Other Comments: ABOVE QUOTE IS GOOD FOR 60 DAYS. JOB WILL BE SET TO CONSTRUCTION WHEN ABOVE AMOUNT IS PAID IN FULL. Work order will not be released for scheduling for construction until payment and / or requested documents are signed & returned PLEASE RETURN SIGNED DOCUMENTS TO: Idaho Power Company 10790 FRANKLIN RD. BOISE, ID 83709 Any questions please telephone: CHAD HELSLEY 388-6346 IN 1EVM PrCMIER *CUSTOMER COSTS - IDAHO • An IDACORP Company Project or Customer Design # Work Order # MERIDIAN CITY HALL 57861 27237758 1. Line Installation/Upgrade Costs............................................................................$ 20,684 2. Company Betterment............................................................. 3. Line Installation Allowances rr---- a. Customer Cash Allowance or Salvage Credit..... b. Terminal Facilities Allowance .............................. $ - c. TOTAL ALLOWANCES (Lines 3a + 3b)......................................................� 4. Line Installation Credit (Customer Provided Trench) ........................................ 5. Net Construction Cost (1-2-3c-4)....................................................................................................................... $ 20,684 6. Vested Interest Paid to Previous Applicant (NSR) (Rule H, Option2) (Paid to WO#) 0 $ - 7. Vested Interest Paid to Previous Applicant (Rule H. Optionl) (Paid to WO#) 0 $ 1,500 8. Unusual Conditions.......................................................................................... 9. Irrevocable Letter of Credit ( for Unusual Conditions over $10,000 )..................................................... Is 10. Net Amounts for Refund Distributions a. Customer Payment for Line Installation (80%of Customer Payment, )................................. $ U. Addlb b. Customer Payment Inside Residential Sub...................................................................... $ - (Smaller amount of # of Lots x 5800 or Customer Payment ) 1) c. Vested interest Payment (Rule H Option ...................................................................® (Line 7 - 20% of Original Applicant's Line Installation Cost - see Applicants As Cost) d. TOTAL AMOUNT AVAILABLE FOR REFUND (Line 8 - 9+10B+10c) ...........................1 $ 1,500 1 $ 20,684 11.20% or Excess Investment (NSR) ( Line 5 + 6 + 7+ 8 - 9 - 10d) .......................... 12. Temporary Line Installation / Up&Down (NSR)............................................................................................... $ - -Paid $ - Unpaid 13. Right of WayPermits NSR....................................r$ 14. Engineering Charges(NSR) ($50 per Hour) $ 750 Paid a. Prepaid Engineering Charges............................................................................. . I E inrin Cha es........................................................................................................ ee $ - ona ng g rg................................... 15. Underground Service Attachment Charge (NSR) a. Base Charge ($30 Base or $255 if Riser is Needed)......................................................... $ - b. IPCo provided Trench (Trench Footage x $5.05)............................................................. $ - c. Customer provided Trench - (Trench Footage x $1.05) .............................................. $ d. TOTAL UNDERGROUND SERVICE ATTACHMENT CHARGES (a+b+c)...................................................................... is - 16. Temporary Service Charge (NSR) (Overhead $120, Underground $140) Paid $ -Unpaid 17. Relocation Charges (NSR) $ a. Relocation or removal with new load............................................................................................................. - b. Relocation or removal with NO new load................................................................................................................$ - c. Salvage Credit on Relocation or Removal.................................................................................................... $ - 18. Other Charges ......................................... $ - 19 Linden 18 Feeder Charge................................................................................. $ 20. Idaho Power Co. Contribution (Lines 2 + 3c) ....................... 21. Prepaid Customer Charges (Lines 13 + 14a + 16) ................................................ $ 750 22. Total Customer Payment Due (Lines 5+6+7+8 - 9+12+13+14b+15d+16+17a+17b-17c+18+19) ........................ $ 22,184 * NSR - Not Subject to Refund Comments Notice: This written quotation shall be binding on the Company for a period of sixty days (60) from the date below indicated, subject to changes in information provided by the Customer or changes in the Company's ability to obtain satisfactory rights-of-way or to comply with governmental regulations, including but not limited to the rules, regulations, and tariffs of the Idaho Public Utilities Commission. The Customer must make payment of the quote amount not less than thirty (30)days prior to the start of construction, but the Company does not represent that construction will commence within 30 days of receipt of payment. The start of construction will be subject to the Company's ability to obtain the necessary labor, materials and equipment. uo on a eprese a 10 = HB Die 031 a fit: A ♦�o� _ — .� 0 • HUMMER Memorandum of Understanding an %coif company Project: Meridian City Hall Work Order Number: 27237758 The quoted prices and credits include these requirements for trench backfill and compaction and the final grade. 1. Standard t Standard compaction is required in all areas that do not require high compaction. Compaction For standard compaction, backfill with the native soil and "wheel -roll" the trench. If -the soil is."loamy" or does not compact well, the spoils must be hauled off and replaced with 3/4" road mix up to 12" of the surface. Use native backfill for the top 12" of the trench. ALL TRENCH Standard compaction footage Note: The grantor of the right-of-way may require high compaction in areas that are not under a paved surface or road but still within the right-of-way. 2. High (or 959,o) High compaction is required in areas where the trench will be under: Compaction • A roadway, alley, driveway, or parking lot (whether paved or unpaved). ♦ A paved surface. ♦ Where the grantor of the right-of-way requires high compaction. For high compaction, backfill the trench in 12" lifts with 3/4" roadmix or "pit run" and compact each lift with a "wacker" or other similar compaction device. Native soil is not acceptable as a backfill material for high compaction and must be hauled off. High compaction footage 3. Final Grade We understand that as of October 1, 2006 the above named project will be ready for facilities to be installed by Idaho Power. All roadways and cable routes must have all grading and subgrading completed by this date. The project must be properly referenced and have grade stakes installed as might be necessary to establish proper elevations and burial depths for Idaho Power facilities. The customer will be responsible for the total cost of any needed relocation, repair, or damage to Idaho Power facilities that results from any subsequent changes in property lines, lot lines, elevations, grades, excavations, or profiles causing improper locations or below -ground equipment, cable, or conduit. burial depths of above -ground equipment, This Memorandum of Understanding is accepted by: q-tg-oc� customer's re Date Idaho Power Representatives Signature -f,0 ate h DEL 04001102) tS� i `� ► —C) U /d idld........... 1-1 ER An IDACORP Company Unusual Conditions Acknowledgement E Unusual Conditions are construction conditions not normally encountered. These conditions may include, but are not limited to: frost, landscape replacement, road compaction, pavement replacement, chip -sealing, rock digging, boring, nonstandard facilities or construction practices, and other than available voltage requirements. I have read and understand the above definition of Unusual Conditions as set forth in Idaho Power Company's Line Installation tariff, Rule H. I further understand that Idaho Power Company will determine the type and extent of the Unusual Conditions encountered. Unusual Conditions charged for on the Customer Cost Sheet, but not encountered, will be refunded to the Customer by Idaho Power Company after the completion of construction. Signed: �, Fr7-r 2." Customer Signature r Date: Rl+es+-: Jaj"W-y�KLLL)- Orr 0 Idaho Power Company Page: 1 Date: 8/16/2006 •MEMO PMR Service Request An 10ACORP Company Service Request Number: 00211386 MERIDIAN CITY HALL -BROADWAY & MERIDIAIN RD Work Order Number: Request Type: CS Eng Hours: Rate Sch: Eng Fee Amount (Att 98): Reply By: Eng Fee Amount ( Att 16): '. Eng Fee Service Agreement No: Feeder: MERIDIAN Eng Fee Service Agreement Date: Service Location: BROADWAY_& MERIDIAN RD MERIDIAN, ID Customer No: Required in Service Date:6/5/2006 Planning Center/Team: MERIDIAN Contact Detail: CUST TED BAIIM CITY ATTOURNEYS OFFICE, , 898-5506 Attribute Information RES/COM Service Voltage: No. of Meters: No. Of Phases: Mtr. Loc: KW Motor Load: Ct Loc: Largest Motor: Primary OH/UG: 1 Phase KW Demand: Service OH/UG: 3 Phase KW Demand: Srv. Owner: Connected KW Load: Panel Amp Size: Commercial Deposit Amount: Notes 6/5/06 BUILDING A NEW 80,000 SQ FT GOVERNMENTAL OFFICE BLDG WHERE THE OLD DAIRY CREAMERY BLDG IS. I understand that the information provided above is accWt %'' best of my knowledge. Changes to load; voltage; location; etc. may result in additional engineering charges. 'A%� " Client Sig Af}t%+: Date JJ.Cbe art -1 � ffep. Signature Date HIDAHO An IDACORP Company INDEMNIFICATION AND LIMITATION OF LIABILITY CITY OF MERIDIAN (hereinafter referred to as' "Customer") has entered into an agreement with Idaho Power Company to RE-ROUTE POWER FOR DEMO OF OLD BUILDINGS AND FUTURE SERVICE OF THE NEW CITY HALL. (hereinafter referred to as "Service") Customer will identify for Idaho Power Company, prior to the commencement of Services, the location of all underground pipes, lines, and other facilities (collectively referred to as "Underground Lines") that may be in the area in which Idaho Power Company is working. Customer agrees to be responsible for identification and location of all underground lines and to indemnify and hold Idaho Power Company, its agents, subcontractors, employees, officers and its directors, harmless from Customer's failure to properly or adequately identify same except to the extent finally determined by a court of law to have resulted from the gross negligence or willful misconduct of Idaho Power Company, its agents, subcontractors, employees, officers, and directors. This indemnification and limitation of liability agreement shall survive the termination/completion of the Services. Dated: 9 — i C1 —0 U r Custo O A H est A400 Deep _ C� :.Y • pr • September 15,2W6 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Reimbursement Ventana, LLC for Construc 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: • September 19, 2406 ITEM NO. 5-1 :ement between the City of Meridian and of Oversized Water Main COMMENTS See aNached Contacted: Date: Phone: Emailed: Staff Initials: Materlals presented at public meeffW sl=U become property of the City of Mo* to L ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISEIDAHO 09129108 03:68 PM DEPUTY DEPUTY Bonnie Oberbillig I 1 I RECORDED -REQUEST Of 106155846 Meridian City J AGREEMENT THIS AcAoPaNT made this 1d'ay of d- 20 017,1*i� by and between the CITY OF MERIDIAN, a municipal corporation, Aneinafter called CITY, and Ventana LLC, hereinafter called DEVELOPER: WITNESSETH: WHEREAS, DEVELOPER owns land inside the corporate limits of the City of Meridian and has or will construct a domestic water system to their serve property or project, Ventana S bdkbi n as shown on Exhibit "A" and has requested reimbursement for certain portions of the domestic water system; WHEREAS, upon recommendation of the Public Works Department, the Council of CITY accepted and approved the proposal of DEVELOPER subject to all conditions hereinafter provided by this Agreement. NOW THEREFORE, in consideration of the foregoing premises, it is agreed: A. Pre2aration of Plans. DEVELOPER shall prepare plans and specifications, drawings, instructions, bid proposal and all other contract documents for the construction and installation of domestic water system, shown on Exhibit "A", including rights -of —way, grades and elevation, and materials to be used in the construction and installation of said trunk domestic water lines. B. Construction of Do estic Water Trunk Lanes. (1) DEVELOPER shall install and construct the domestic water system and appurtenances as shown on Exhibit "A", subject to the conditions hereinafter provided (2) DEVELOPER shall provide all engineering, surveying, contract administration, permanent and temporary construction easements for the construction of domestic water system described on Exhibit "A". (3) DEVELOPER shall provide all testing, sampling and other normally conducted. quality control/quality insurance of installed systems. Vcntana. Subdivision Domestic Waterline Reimbursement Agmememt Page 1 of 7 • 0 (3) MY shall provide inspection services for the construction of the domestic water system described on Exhibit "A". C. omitted. D. DEVELOPER and CITY RMmibility_for Costs. Because the DEVELOPER will construct additional domestic water improvements, as shown on Exhibit "A", at the request of the CITY, it is mutually agreed that the cost of those domestic water improvements will be shared as contained in Exhibit "B" It shall be the responsibility of the DEVELOPER to provide 100% of the financing of the project with reimbursement from the CITY in accordance with Section E of this agreement "Reimbursement to DEVELOPER." E. REMR—U SFIVM Io_DFVEL� Because the DEVELOPER shall install, construct and erect domestic water system as shown on Exhibit "A", the CITY shall reimburse to the DEVELOPER that portion of the cost attributable to other development, which is $138,8L2 ,by refunding _50% of the assessment fee collected by City in accordance with the City Ordinances 9-1-13 in effect at the time the Building Permits are issued for DEVELOPER' S lots within DEVELOPER'S property, Ventana Subdivision, and adjacent development until the reimbursable portion is fully paid to the DEVELOPER. The CITY will make an audit of this agreement on a quarterly basis, beginning three months from the date of this agreement, and reimburse the DEVELOPER in accordance with this agreement from the assessment fees collected during the audit period for the DEVELOPER' S property, VenMa Subdi 'sign. and @a gppro date portion of assessment fees collected from immeOt telt' adjacent nronerty b@ing served by the improv ants in Exhibit "A" F. Terra of Agreement. Payments shall continue under this agreement until DEVELOPER is filly reimbursed or for a period not to exceed ten (10) year from the date of execution of this agreement by CITY. G D.4 estic Water Lines on DEVELOPER'S Prom. Asa condition for CITY entering this Agreement, DEVELOPER shall: Submit to inspection by either the Public Works Department or the Building Department of CITY whenever a building is to be connected to the domestic water system constructed and installed on and within its property. Li. Cost of domestic water Line on DEVBL OPW S Prone3ty. All costs and expenses, including the construction, engineering, advertising, clerical and legal and all licenses and permits which may be required for the construction and installation of the domestic water system upon and within DEVELOPER' S property, shall be at DEVELOPER' S sole expense. This condition specifically excludes the CITY' S share of the domestic water system on Exhibit "A". Wot ma Subdivision Domestic Wate>iine Reimbuasement Ag UMM Page 2 of 7 I. Compliance with Laws. (1) In constructing and installing the domestic water system within its property, DEVELOPER, at its sole expense, shall comply with laws, orders and regulations of Federal, State and Municipal authorities and at its sole expense shall obtain all licenses or permits which may be required for the performance of this Agreement. (2) Upon connection to the domestic wager system, DEVELOPER agrees to abide by all applicable City laws, rules and regulations pertaining to domestic water systems. J. Indemnificatioand Insurance. DEVELOPER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by DEVELOPER, its servants, agents, employees, guest', and business invitees, and not caused by or arising out of tortuous conduct of CITY or its employees. In addition, DEVELOPER shall maintain, and specifically agrees that it will maintain, for a period of one year from the date of this Agreement, liability insurance in which CITY shall be named insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if Crff becomes liable for an amount in excess of the insurance limits, herein provided, DEVELOPER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions or judgments for damages or liability to persons or property. DEVELOPER shall provide CITY with a Certificate of insurance or other proof of insurance evidencing DEVELOPER'S compliance with -the requirements of this paragraph and file such proof of insurance with the public Works Department. In the event the insurance minimums of the Idaho Tort Claims Act are changed, the CITY shall notify the DEVELOPER of the change, and Tort Claims Act are changes, the CITY shall notify the DEVELOPER of the change and DEVELOPER shall immediately submit proof of compliance with the changed limits_ IC No Assig n�ment+. DEVELOPER shall not assign any portion of this Agreement or any privilege here under, either voluntarily or involuntarily, without the prior written consent of the CITY, which consent shall not be unreasonably withheld. L. Definition of DEVELOPER'S Proneriy. The term "DEVELOPER'S PROPERTY—° in the Agreement shall mean the parcels described on Exhibit "A" attached hereto. M. Bin . gEeck An executed copy of this document shall be recorded in the office of the Ada County Recorders and is an Encumbrance which shall be binding upon all of DEVELOPER'S assigns, or successors in interest to said property. Vena Subdivision Domestic Waterline ReimbwnsemeS Agreement Page 3 of 7 • IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written DEVELOPER: 1 1L.,mrr� STATE OF IDAHO ) )ss County of Ada ) (Vl em 6e Title -Z—c!5—D6 yrs socrour, On this _OA90't day of , before me the undersigned, a Notary Public in and for said State, pWsonaUy appeared and �-�--- ,known or identified to me to be the p brsons whosc names are subscribed to the within instrament, and acknowledged to me that they cxecutcd the same. IN WITNESS WHEREOF, I have hereunto set my band and afted my official seal the day and year first above written. Suwon•1� �••' KQ r •• aL.. Ci1�C1 +.•, ; ��'�j,� Notary Public For Idaho �� .4 r Resit at: N w w Commission Expires: b- y 2aap e � * A i (SEAL) "•:�* ' MAYO CIF �o 'MTTES SEAL- � y v CITY CLERK i oe w t 10110 4.442 e l{� w 9'/9�ad Ventana Subdivision Domestic Waterline Reimbursement Agrcenxnt Page 4 of 7 STATE OF IDAHO ) )ss County of Ada ) On this A41" day of 9 �Kt'C U , before me the undersigned, a Notary Public in ard for said State, perso y appeared TAMMY DE wEERD and WILLIAM G. BERG, JR, known to me to be The Mayor and City Clerk of the City of Meridian, Idaho, who executed the within mstru ment and arckmowledged to Daae 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 Commission Expires: ./Q �'C- jf Vena Subdivision Domestic Waterline Reimbursement Agreement Page 5 of 7 0 Exhibit "A" The Domestic water system referred to in ibis Agreement small be that Domestic Water system identified, described and depicted on the following Drawings: Engineering Solutions, LLP Slut #Sl Ventana Subdivision No. 1 Sealed 6/23/05 Sewer and Water PLaw/Pmfile Kathleen M Stroschein N. Beaham Ave/ N Rio Vista Way Professional Engineer Sheet #S2 Vemana Subdivision No.1 Sealed 6/23/05 Sewer and Water Plan/Profile Kathleen hE Stroschein E. Ironstone Drive/E. Ironstone Court Professional Engineer Sheet #S3 Ven ana Subdivision No. I Sealed 6/23/05 , Sewer and Water Plan/Profile Kathleen M Siroschein N. Isla Way Professional Engine" Sheet #S4 Vemana Subdivision No.1 Sealed 6123/05 Sewer and Water Plan/ hvft Kathleen M. Stroschein E. Quimessa Dr/N. Zamora Drive Professional Engineer Sheet #S5 Ventana Subdivision No. l Sealed 6/23/05 Sewer and Water Plan/Pmfile Kathleen M Stroschein E. Producer Drive/N. Claret Cap Drive Professional Engineer Veatana Subdivision Domestic Waterline Reimbursement Agreement Page 6 of 7 a bcbibit 'B" Ventana Subdivision Domestic Waterline Reimbursement Amount Computations In accordance with Section 9-1-13, Meridian City Code. Project Total Cost $204,709 Portion of Cost Attributable to Oversixing Waterline from 12 -inch Diameter to 16 -inch: $73,035 to be reimbursed in its entirety The balance of this Project Total Cost is attributable to the extension of the 12 -inch diameter domestic waterline: $131,674 to be reimbursed at 50% or $65,837 Total Amount of this Reimbursement Agreement: $138,872 Ventana Subdivision Domestic Waterline moment Agreement Page 7 of 7 9 0 SEP 1 4 20,06 City Of Meridian City Clerk Office Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer CC: File / j O,/ f��tyYe✓� Z , Date: 9/14/06 Re: Proposed Agenda Item for September 19, 2006 City Council Meeting The Public Works Department respectfully requests the following item be placed on the September 19 City Council agenda, under Consent Agenda, for Council's consideration: Reimbursement Agreement between the City of Meridian and Ventana, LLC. This agreement reimburses Ventana, LLC for construction of oversized water main at Ventana Subdivision. The total reimbursement will depend on the final measurement of built pipe. The total reimbursement is $138,872. Recommended Council Action: The Public Works Department recommends that City Council approves the Reimbursement Agreement between the City of Meridian and Ventana, LLC for construction of oversized water main for total reimbursement of $138,872 and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 1 • AGREEMENT THIS AGREEMENT made this day of 20_--=, by and between the CITY OF MERIDIAN, a municipal corporation, hereinafter called CITY, and Ventana LLC, hereinafter called DEVELOPER: WITNESSETH: WHEREAS, DEVELOPER owns land inside the corporate limits of the City of Meridian and has or will construct a domestic water system to their serve property or project, Ventana Subdivisionas shown on Exhibit "A" and has requested reimbursement for certain portions of the domestic water system; WHEREAS, upon recommendation of the Public Works Department, the Council of CITY accepted and approved the proposal of DEVELOPER subject to all conditions hereinafter - provided by this Agreement. NOW THEREFORE, in consideration of the foregoing premises, it is agreed: A. Preparation of Plans. DEVELOPER shall prepare plans and specifications, drawings, instructions, bid proposal and all other contract documents for the construction and installation of domestic water system, shown on Exhibit "A", including rights -of —way, grades and elevation, and materials to be used in the construction and installation of said trunk domestic water lines. B. Construction of Domestic Water Trunk Lines. (1) DEVELOPER shall install and construct the domestic water system and appurtenances as shown on Exhibit "A", subject to the conditions hereinafter provided. (2) DEVELOPER shall provide all engineering, surveying, contract administration, permanent and temporary construction easements for the construction of domestic water system described on Exhibit "A". (3) DEVELOPER shall provide all testing, sampling and other normally conducted quality controVquality insurance of installed systems. Ventana Subdivision Domestic Waterline Reimbursement Agreement Page 1 of 7 0 11 (3) CITY shall provide inspection services for the construction of the domestic water system described on Exhibit "A". C. Omitted. D. DEVELOPER and CITY Responsibility for Costs. Because the DEVELOPER will construct additional domestic water improvements, as shown on Exhibit "A"; at the request of the CITY, it is mutually agreed that the cost of those domestic water improvements will be shared as contained in Exhibit "B." It shall be the responsibility of the DEVELOPER to provide 100% of the financing of the project with reimbursement from the CITY in accordance with Section E of this agreement "Reimbursement to DEVELOPER." E. REINIBUR.SHMENT to DEVELOPER. Because the DEVELOPER shall install, construct and erect domestic water system as shown on Exhibit "A", the CITY shall reimburse to the DEVELOPER that portion of the cost attributable to other development, which is $138,872 ,by refunding _50% of the assessment fee collected by City in accordance with the City Ordinances 9-1-13 in effect at the time the Building Permits are issued for DEVELOPER' S lots within DEVELOPER'S property, Ventana Subdivision, and adjacent development until the reimbursable portion is fully paid to the DEVELOPER The CITY will make an audit of this agreement on a quarterly basis, beginning three months from the date of this agreement, and reimburse the DEVELOPER in accordance with this agreement from the assessment fees collected during the audit period for the DEVELOPER' S property, Ventana Subdivision , and any appropriate portion of assessment fees collected from immediately ad'a,} cent property being_served by the improvements in Exhibit "A." F. Term of Agreement. Payments shall continue under this agreement until DEVELOPER is fully reimbursed or for a period not to exceed ten (10) year from the date of execution of this agreement by CITY. G. Domestic Water Lines on DEVELOPER' S Property. As a condition for CITY entering this Agreement, DEVELOPER shall: Submit to inspection by either the Public Works Department or the Building Department Of CITY whenever a building is to be connected to the domestic water system constructed and installed on and within its property. H. Cost of domestic water Line on DEVELOPER'S Properiy. All costs and expenses, including the construction, engineering, advertising, clerical and legal and all licenses and permits which may be required for the construction and installation of the domestic water system upon and within DEVELOPER'S property, shall be at DEVELOPER' S sole expense. This condition specifically excludes the CITY'S share of the domestic water system on Exhibit "A". Ventana Subdivision Domestic Waterline Reimbursement Agreement Page 2 of 7 L Compliance with Laws. (1) In constructing and installing the domestic water system within its property, DEVELOPER, at its sole expense, shall comply with laws, orders and regulations of Federal, State and Municipal authorities and at its sole expense shall obtain all licenses or permits which may be required for the performance of this Agreement. (2) Upon connection to the domestic water system, DEVELOPER agrees to abide by all applicable City laws, rules and regulations pertaining to domestic water systems. J. Indemnification. and Insurance. DEVELOPER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by DEVELOPER, its servants, agents, employees, guest, and business invitees, and not caused by or arising out of tortuous conduct of CITY or its employees. In addition, DEVELOPER shall maintain, and specifically agrees that it will maintain, for a period of one year from the date of this Agreement, liability insurance in which CITY shall be named insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, DEVELOPER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions or judgments for damages or liability to persons or property. DEVELOPER shall provide CITY with a Certificate of Insurance or other proof of insurance evidencing DEVELOPER'S compliance with the requirements of this paragraph and file such proof of insurance with the public Works Department. In the event the insurance minimums of the Idaho Tort Claims Act are changed, the CITY shall notify the DEVELOPER of the change, and Tort Claims Act are changes, the CITY shall notify the DEVELOPER of the change and DEVELOPER shall immediately submit proof of compliance with the changed limits. K No Assignment. DEVELOPER shall not assign any portion of this Agreement or any privilege here under, either voluntarily or involuntarily, without the prior written consent of the CITY, which consent shall not be unreasonably withheld. L. Definition of DEVELOPER'S Property. The term "DEVELOPER'S PROPERTY" in the Agreement shall mean the parcels described on Exhibit "A" attached hereto. M. Binding Effect. An executed copy of this document shall be recorded in the office of the Ada County Recorders and is an Encumbrance which shall be binding upon all of DEVELOPER'S assigns, or successors in interest to said property. Vernam Subdivision Domestic Waterline Reimbursement Agreement Page 3 of 7 IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. DEVELOPER: COreV ba-fizw Name (printed) Signattue g� STATE OF IDAHO ) )ss County of Ada ) em bte Title 8-Z -D b Date Secretary, On this day of , before me the undersigned, a Notary Public in and for said State, Ofsonally appeared C at" baw, n . and known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. n` , , ° ° Notary Public For Idaho Residing at: Ma moa . 71) a Commission Expires: Lo-bG D p , , a w t m (SEAL) eaE QIY MAYOR ATTEST: CITY CLERK Ventana Subdivision Domestic Waterline Reimbursement Agreement Page 4 of 7 9 • STATE OF IDAHO ) Ice County of Ada ) On this day of , , before me the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR, known to me to be The Mayor and City Clerk of the City of Meridian, Idaho, who executed the within instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public For Idaho Residing at: Commission Expires: (SEAL) Ventana. Subdivision Domestic Waterline Reimbursement Agreement Page 5 of 7 0 • Extubit "A" The Domestic Water system referred to in this Agreement shall be that Domestic Water system identified, described and depicted on the following Drawings: Engineering Solutions, UP Sheet #S 1 Ventana Subdivision No. 1 Sealed 6/23/05 Sewer and Water Plan/Profile Kathleen M Stroschein N. Beaham Ave/ N Rio Vista Way Professional Engineer Sheet #S2 Ventana Subdivision No. 1 Sealed 6/23/05 Sewer and Water Plan/Profile Kathleen M Stroschein E. Ironstone Drive/E. Ironstone Court Professional Engineer Sheet #S3 Ventana Subdivision No. 1 Sealed 6/23/05 Sewer and Water Plan/Profile Kathleen M Stroschein N. Isla Way Professional Engineer Shat #S4 Ventana Subdivision No. 1 Sealed 6/23/05 Sewer and Water Plan/Profile Kathleen M Shoschein E. Quintessa Dr/N. Zamora. Drive Professional Engineer Sheet #S5 Ventana Subdivision No. l Sealed 6/23/05 Sewer and Water Plan/Profile Kathleen. M Stroschein E. Producer Drive/N. Claret Cup Drive Professional Engineer Ventana Subdivision Domestic Waterline Reimbursement Agreement Page 6 of 7 0 • Exhibit "B" Ventana Subdivision Domestic Waterline Reimbursement Amount Computations In accordance with Section 9-1-13, Meridian City Code. Project Total Cost $204,709 Portion of Cost Attributable to Oversizing Waterline from 12 -inch Diameter to 16 -inch: $73,035 to be reimbursed in its entirety The balance of this Project Total Cost is attributable to the extension of the 12 -inch diameter domestic waterline: $131,674 to be reimbursed at 50%, or $65,837 Total Amount of this Reimbursement Agreement: $138,872 Ventana Subdivision Domestic Waterline Reimbursement Agreement Page 7 of 7 9 0 September 15, 2006 MERIDIAN CITY COUNCIL MEETING September 19, 2006 APPLICANT REQUEST Improv ITEM NO. 54 Contract for the Wastewater Treatment Plant Biosolids ,with The Ewing Company AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEFT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubnc meetings dmU become property of the City of MeddkuL 0 To: VWI Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Data 09/13!2006 0 SEP 14 2006 City Of Meridian City Clerk Office Re: Proposed Agenda Item for September 19, 2006 City Coundl Meeting The Public Works Department respectfully requests the following items be placed on the September 19 City Council Agenda, under Cert Agenda, for Councirs consideration: ¢udget AmEdment — W VVTP Plant Expansion. The Public Works Department would like to request a budget amendment for the WVVTP Plant Expansion One item brat is budgeted at $21,512,000. This amendment will allow us to award the construction contact for the WasWAnter Treatment Plant Biosolids Improvement Project to The Ewing Company. The Public Works department is negotiating with Carollo Engineers for the construction ion services contact and another amendment will be requested for their fees and other related cost estimates. ti's 7 * :771 (!K _ i• Recommended Council Action: The Public Works Department recommends that City Council approves the budget amendment for an additional $250,000 to the WWTP Plant Expansion. gMMMff Treatment Plant Biosolids Improvement Proma Two bids were rewived for this project as summarized below and detailedthe attached spreadsheet • JC Constructors, Inc. $10,330,000 • The Ewing Company, Inc $10,314,000 The project consists of construction of castrin-place concrete si «( -s, including two 1 hll gallon anaerobicdigesters wit fixed steel covers, digesW fir_.` c• • K rrtin• equipment, progressing cavity sludge transfer pumps, dewatering centrifuge, hot water boilers, including miscellaneous process sWipment, piping, electrical aid controls, coatings, • appurtenances. 0 Page 1 0 Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Wastewater Treatment Plant Biosolids Improvement Project with The Ewing Company for $10,314,000 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 2 R a ^ to .Q c c. CL CL A 3 CCa to oa a 0 0 'v 3 a o a, a a ` C a M ;130 a_ o "' a o cLc o CL 0 0 w a o.% (A a w 0� o w C a M ;130 a_ o "' a o cLc o CL 0 r e a �A 3 to `c c C- 40 4 ., o n o o 0 k K k �W C 3 d+ o 0 m g CA & x K 0 0 0 3 a o m 0 September 15, 2006 E MERIDIAN CITY COUNCIL MEETING September 19, 2006 APPLICANT Brian Holleran ITEM NO. S -K REQUEST Addendum to the Development Agreement — Request for a Miscellaneous application to amend the previously approved DA JAZ 03-038 & concurrent files) by removing a provision requiring all future uses on the site to be approved through the CUP for Mussell Comer Subdivision AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT. CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See affached Contacted:Date: q11 Q' ��1® OiP Phone: - Emailed: $'�yf �, &� Co )e Wf • C. Staff In tials: 'T Matedab presented at public meetinss shah become properly of the Clly of Meridian. 0 0 S3 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 09/29/06 03:58 PM DEPUTY Bonnie Oberbill RECORDED -REQUEST OF ��II��I���I����IIIIIIIIIIIIIIIIIIIIII Meridian City 106155843 ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Kuna Victory, LLC, Owner/Developer The following is an addendum to that certain DEVELOPMENT AGREEMENT, entered into on the 17'h day of November, 2004. This addendum is made and entered into this 6t� day of 50RL i' , 2006, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called CITY, and Kuna Victory, LLC, whose address is PO Box 2020, Boise, Idaho 83701, hereinafter called OWNER/DEVELOPER. OWNER/DEVELOPER agrees to be bound by the terms of the original Development Agreement (instrument # 104153422), approved on November 23, 2004 on the land described in Exhibit "A", except as specifically regarding the following items: 1. The parties hereto agree that the development of the property described in Exhibit "A" shall be in accordance with the terms of the above described Development Agreement, exhibit "B", or those City ordinances in effect at the time any subsequent conditional use application is filed, whichever are more restrictive. 2. That the original Development Agreement, Instrument # 104153422, approved on November 23, 2004, and recorded on December 3, 2004, be amended by modifying the following: • Section 4.1- currently states: "The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian Code Section 11-7- 22KZ which are herein specified as follows: a) Construction and development of a commercial subdivision that includes a feed store and gas/convenience station in a proposed C -G zone. All future uses on proposed lots or parcels within the annexation area shall be approved through the Conditional Use permit process." This Section 4.1 shall be replaced with the following language: "Tile uses allowed pursuant to this Agreement are only those uses allowed under City's Unified Development Code codified in Table 11-2B-2 and herein specified as follows: a) Principally permitted uses on the subject property shall be allowed without Conditional Use Permit approval, provided all future buildings have: ADDENDUM TO DEVELOPMENT AGREEMENT (NII 06-005) MUSSELL CORNER PAGE 1 OF 5 sloped metal roofs with overhanging eaves that are supported by posts; are oriented toward the public street (Front door facing street); siding visible from the street containing at least a three-foot tall wainscoting constructed of stone, brick, or other similar materials; that each building will provide a variety of building materials and colors; and each building is generally consistent with the nine pictures submitted with MI -06-005 (attached to this addendum), as determined by the Planning Director. If a future proposed building is not consistent with the above-mentioned provisions, then the building and use shall be required to obtain Conditional Use Permit approval prior to construction and operation. b) Future construction on the subject site shall be generally consistent with the Master Site Plan submitted with MI -06-005 (attached to this addendum), as determined by the Planning Director. All buildings with frontage on Victory Road or Meridian Road will be limited to a maximum 11,000 square foot building footprint and no building on this site shall have a building footprint larger than 20,000 square feet. If a future proposed building is not consistent with the Master Site Plan, then the building shall be required to obtain Conditional Use Permit approval. c) That all future buildings on the subject property will be required to submit a Certificate of Zoning Compliance (CZC) application prior to construction. And all future buildings adjacent to Meridian Road will be required to obtain Design Review approval prior to construction. Section 6 — Conditions Governing Development of Subject Property sets forth additional conditions and restrictions for the property. Section 6.Bla currently states: "a) All future uses on proposed lots or parcels within the annexation area shall be approved through the Conditional Use Permit process." This Section 6.Bla shall be replaced with the following language: "a) All future uses on proposed lots or parcels within the annexation area shall be required to comply with the amended Section 4 of the Development Agreement and the Unified Development Code." 3. That Owner and/or Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation of the Owner and/or Developer, or their assigns, heirs, or successor shall not meet the conditions of ADDENDUM TO DEVELOPMENT AGREEMENT (NII 06-005) MUSSELL CORNER PAGE 2 OF 5 this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 4. This addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This second addendum shall be binding on the Owner and/or Developer of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner and/or Developer, to execute appropriate and recordable evidence of termination of this addendum if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed their obligations under this Addendum. 5. If any provision of this addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 6. This addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner and/or Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this second addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 7. This addendum shall be effective as of the date herein above written. ADDENDUM TO DEVELOPMENT AGREEMENT (NII 06-005) MUSSELL CORNER PAGE 3 OF 5 0 ACKNOWLEDGMENTS • IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. Attest: William G. Berg, Jr., OWNER/DEVELOPER: KUNA VICTORY, LLC Weerd ADDENDUM TO DEVELOPMENT AGREEMENT (Ml 06-005) MUSSELL CORNER PAGE 4 OF 5 C1 STATE OF IDAHO, ) ss County of Ada, ) • On this Ahay of ��u YIXIP.f� , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared known or identified to me to be the nlmXlnu of Kuna Victory, LLC, 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 certificate first WxW tten. KIMBERLY CLARKE SEAL) Notary Public State of Idaho STATE OF IDAHO ) ss County of Ada ) Notary Public for Idaho Residing at: 4�;n 11 '�L I My Commission Expires: 4 On this day of cSCXL+CYYI b0' , 2006, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., known 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. Aka"Akukj Notary Public for Idaho Residing at: 00 a d uieu, 1D Commission expires: 10-t 1-1 1 ADDENDUM TO DEVELOPMENT AGREEMENT (I%G 06-005) MUSSELL CORNER PAGE 5 OF 5 0 S r � .3 ' 1 P � � +� ,srt�y�, ' na.,,'r��r� .�.m j: � ��k.�. ' �-. � � Y ,y •� lit VJ ,y. 144 3 ` y ',i wu CA p$ a Pin# N w I Wh ft t w,e, 65� Pf & gT pxglril XZI, ggq T wwm P4 Ry '9v Ll 0 11371,R) 0 0 CIR IM Igg, W a e§ avod NVIOR w MUSSELL CORNER SUBDIVISION A parcel of land for the purpose of annexation, as shown on Record of Survey 3523 and recorded as Instrument Number 96033828, located in a portion of the SW 1/4 of the SW 1/4 of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and more described as follows: Commencing at an aluminum cap monument marling the NW corner of said SW 1/4, thence along the West line of said SW 1/4 S00°55'37" W a distance of 1330.53 feet to a 5/8 inch rebar marking the NW comer of said SW 1/4 of the SW 1/4 and being the POINT OF BEGR4NING. Thence leaving said West line S89°59'45" E a distance of 232.00 feet to a 5/8 inch rebar; Thence along the arc of a curve to the left having a radius of 655.00 feet, an arc length of 438.43 feet, a central angle of 38°21'02", and a chord bearing S31°17'57" E a distance of 430.29 feet to a 5/8 inch rebar, Thence S50°28'28" E a distance of 558.77 feet to a 5/8 inch rebar; Thence S53°05'22" E a distance of 285.31 feet to a 5/8 inch rebar on the East line of said SW %4 of the SW 1/4; Thence along said East line S00°46' 12" W a distance of 435.31 feet to a 5/8 inch rebar marking the SE corner of said SW %4 of the SW 1/a; Thence leaving said East line and along the South line of said SW 1/4 of the SW 1/0 S89059'08" W a distance of 1130.34 feet to an aluminum cap monument marking the SW corner of said SW 1/4 of the SW 1/a; Thence leaving said South line and along said West line N00155'3T' E a distance of 1330.37 feet to the POINT OF BEGINNING. Said parcel contains 23.52 acres more or less and is subject to all existing easements and rights -of -ways of record or implied. 0 ADI COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 37 601E IDAHO 120104 03:08 PM i)E UTY 6onnieOberbillo �IIIIIIIfIIIIIIl101lIIIIIIIIIIIIIIII REI ORDED-REQUEST OF 184153422 Ma than City DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Tim J. Mussell and Carol M. Mussell, Owner/Developer THIS D15WLOPMWT AGREEMENT (this "Agreement"), is made and entered into this day of o / t 2004, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CTTy', and TIM J. MUSSELL AND CAROL M. MUSSELL, whose address is 100 East Victory, Meridian, Idaho 83642, hereinafter called "OWNER/DEVELOPER'- 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 (C -G) General Retail and Service Commercial 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 -03-038) PAGE 1 OF 16 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 I beday of �� 2004, has approved certain Findings of Fact and ConclusiarrsTif Law and pP g 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 ackno ledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.9 WHEREAS, "City" requires the "OWNED enter into a development agreement for the that the "Property" is developed and the sul "Property" is in accordance with the terms development agreement, herein being estak evidence received by the "City" in the proc and zoning designation from government s services within the planning jurisdiction an property owners and to ensure annexation : is in accordance with the amended Comm of Meridian adopted August 6, 2002, Reso: the Zoning and Development Ordinances c Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the set forth herein, the parties agree as follows: DEVELOPMENT AGREEMENT (AZ -03-038) PAGE 2 OF 16 )EVELOPER" to arpose of ensuring equent use of the td conditions of this shed as a result of ;dings for annexation ,divisions providing from affected d zoning designation :nsive Plan of the City tion No. 02-382, and iified in Meridian City and conditions 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 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 Tim 7. and Carol M. Mussell, husband and wife, whose address is 100 East Victory Road, Meridian, Idaho 83642, the party owning and developing said "Property" being developed and shall include any subsequent owner(s)/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 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 which are herein specified as follows: a) Construction and development of a commercial subdivision that includes a combination feed store and gas/convenience station in a proposed C -G zone. AU future uses on proposed lots or parcels within the annexation area shall be approved through the Conditional Use Permit process. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT (AZ -03-038) PAGE 3 OF 16 0 - . 5. DEVELOPMENT IN CONDITIONAL USE: "OWNER/DEVELOPER" has submitted to "City" an application for conditional use permit, and shall be required to obtain the "City's" approval thereof, in accordance to the City's Zoning & 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. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Developer" shall develop the "Property" in accordance with the following special conditions: B. Adopt the Recommendations of the Planning and Zoning Department as follows: 1. Prior to annexation ordinance approval, a Development Agreement shall be entered into between the City of Meridian and the property owner(s). The Development Agreement shall require that: a) All future uses on proposed lots or parcels within the annexation area shall be approved through the Conditional Use Permit process. b) Business hours for uses on this property shall presently have no restriction on hours of operation. However, if in the future the "no restriction" on hours becomes a problem or hindrance to the surrounding area, then the City shall have the opportunity to re- evaluate the hours of operation, and at that time possibly place hours of restriction upon the businesses. Additionally, hours of fuel delivery, any potential for refrigerated truck operation, and other noise generated at the site shall comply with the Meridian City Code Noise Ordinance. (Per action of the City Council taken at their July 6, 2004 meeting.) 2. Remove any existing domestic wells and/or septic systems within this project 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. 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 124-13. Plans will need DEVELOPMENT AGREEMENT (AZ -03-038) PAGE 4 OF 16 w to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non - approval submitted to the public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 4. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire hydrants shall have the 41/2" outlet face the main street or parking lot aisle. b. The fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. (Radii modification required near the northwest corner of the existing house and on the easternmost driveway from Victory Road). 4. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. All driveways shall have a clear driving surface, available at all times, which is 20' wide. (Width modification required near the southeast corner of the proposed feed store). Fire lanes and streets shall have a vertical clearance of 13'6". This DEVELOPMENT AGREEMENT (AZ -03-038) PAGE 5 OF 16 includes mature landscaping. 8. Commercial and office occupancies will require a fire -flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 9. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 10. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 11. Any chemical storage on the site will require compliance with IFC and MCC 11-12-3.A. This includes agricultural fertilizers and chemicals. 12. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire -prevention equipment and by such safety devises as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the UFC, Uniform Life Safety Code, MCC 11-12-3.C, and the National Safety Foundation publications. 13. All new buildings must be sprinklerd if required by adopted building and fire codes. C. Adopt the Recommendations of the Nampa & Meridian irrigation District as follows: 1. A Land Use Change Application shall be filed for review prior to final platting. 2. All laterals and waste ways must be protected The District's Kennedy Lateral courses along the east and northern boundary Of this proposed project. DEVELOPMENT AGREEMENT (AZ -03-038) PAGE 6 OF 16 0 3. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. 4. The developer must comply with Idaho Code 31-3805. D. Adopt the Recommendations of the Ada County Highway District (ACRD) per their report, which lists site-specific requirements, conditions of approval, and street improvements, which are required, ands which is stamped: RECEIVED FEB 18 2004 City of Meridian City Clerk Office. E. The Applicant shall also comply with the conditions and requirements of the corresponding applications for this project, which are Preliminary/Final Plat — PFP- 03-007, and Conditional Use Permit — CUP -03-071. F. Adopt the action of the City Council taken at their July 6, 2004 meeting as follows: For Clarification: 1. The hours of operation for the proposed businesses have been addressed above in A. Lb. pursuant to action of the City Council taken at their July 6, 2004 meeting. 2. The Applicant shall be allowed to provide the pond amenity within an easement, rather than a common lot. The easement shall be maintained by the Property Owners' Association. 3. The Applicant shall be allowed to use as a temporary access onto SH/69 which is located at the far northern portion of the proposed project (Rumple ]Lane), until such area re -develops. 4. The Applicant shall submit a revised Landscape Plan to reflect the northern boundary of V ictory Road, and provide a legal description pertaining to the pond area. 5. It is noted that ACRD will allow landscaping in their right-of-way but that they may restrict the placement of trees, and a License Agreement shall be entered into between the Applicant and ACHD. 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 "OWNER/DEVELOPER'S" DEVELOPMENT AGREEMENT (AZ -03-038) PAGE 7 OF 16 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 I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "OWNER/DEVELOPER" consent upon default to the de -annexation and/or a 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", and/or "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 DEVELOPMENT AGREEMENT (AZ -03-038) PAGE 8 OF 16 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'S/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 annexation and 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 noii-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. DEVELOPMENT AGREEMENT (AZ -03-038) PAGE 9 OF 16 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". 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" have 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: 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 Ave. Meridian, ID 83642 OWNER/DEVELOPER: Tim J. and Carol M. Mussell 100 East Victory Road Meridian, Idaho 83642 DEVELOPMENT AGREEMENT (AZ -03-038) PAGE 10 OF 16 0 0 17.1 A party shall have the right to change its address by delivering to the other parry 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" 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 benefitted 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 DEVELOPMENT AGREEMENT (AZ -03-038) PAGE 11 OF 16 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 development 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 -03-038) PAGE 12 OF 16 It 41. 0 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER/DEVELOPER: BY: —6� Tim J. MU611 BY: oata-m )2a�� Carol M. Mussell CITY OF MERIDIAN de WEERD Attest:%I�r���d �� G Co&� 23—D �\"w%ItI w u rrrrti��f crr rF �� SEAL - `s A Flo �r ��� , ��• jtfa�trrJ:�igzitttiey�5o DEVELOPMENT AGREEMENT (AZ -03-438) PAGE 13 OF 16 9 • STATE OF IDAHO ) :ss COUNTY OF ADA ) On this 11 '` day of M oy4"+' b C`", in the year 2004, before me, a Notary Public, personally appeared Tim J. Mussell and Carol M. Mussell, husband and wife, known or identified to me to be the persons who executed the instrument and acknowledged to me that they having executed the same. (SEAL) ,p`j ,�oTA R STATE OF IDAHO ) :ss County of Ada } Notary Public for Idaho Commission expires. S 2010 Residing at: /Jh�o�»+'� On this air" day of J%oJa..V..ber , in the year 2004, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, 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. ��' 1C,� N�OS�I +•�I (SEAL) PUB1•�G 'Poo••,�?q� OF 19q•��• 0 Public for Idaho Co fission expires: o iding a>~ /o!f°riali�r Z;1 WorkWMeridian\Meridian 15360M1N mall Corner Sub AZ -D3-038 PFP-03-007 CUP-03-0711DevelopAgr.doo E,NMBIT A Legal Description Of Prolperty DEVELOPMENT AGREEMENT (AZ -03-038) PAGE 14 OF 16 MUSSELL CORNER SUBDIVISION A parcel of land for the purpose of annexation, as shown on Record of Survey 3523 and recorded as Instrument Number 96033828, located in a portion of the SW 1/4 of the SW 1/4 of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and more described as follows: Commencing at an aluminum cap monument marling the NW corner of said SW 1/4, thence along the West line of said SW 1/4 S00°55'37" W a distance of 1330.53 feet to a 5/8 inch rebar marling the NW comer of said SW 1/4 of the SW 1/4 and being the POINT OF BEGINNING. Thence leaving said West line S89159'45" E a distance of 232.00 feet to a 5/8 inch rebar; Thence along the arc of a curve to the left having a radius of 655.00 feet, an arc length of 438.43 feet, a central angle of 38°21'02", and a chord bearing S31°17'57" E a distance of 430.29 feet to a 518 inch rebar, Thence S50028'28" E a distance of 558.77 feet to a 5/8 inch rebar; Thence S53°05'22" E a distance of 285.31 feet to a 5/8 inch rebar on the East line of said SW 1/4 of the SW 1/a; Thence along said East line S00146'12" W a distance of 435.31 feet to a 5/8 inch rebar marking the SE corner of said SW %4 of the SW 1/a; Thence leaving said East line and along the South line of said SW 1/4 of the SW 1/4 S89°59'08" W a distance of 1130.34 feet to an aluminum cap monument marking the SW corner of said SW 1/4 of the SW 1/a; Thence leaving said South line and along said West line N00°55'3T' E a distance of 1330.37 feet to the POINT OF BEGINNING. Said parcel contains 23.52 acres more or less and is subject to all existing easements and rights -of -ways of record or implied. DEVELOPMENT AGREEMENT (AZ -03-038) PAGE 15 OF 16 • *L4: 11 Cl Findings of Fact and Conclusions of Law/Conditions of Apuroval DEVELOPMENT AGREEMENT (AZ -03-038) PAGE 16 OF 16 0 • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION FOR ANNEXATION AND ZONING OF 21.38 ACRES FROM C•2 TO C -G ?ANE FOR PROPOSED MUSSELL CORNER SUBDIVISION, LOCATED ON THE NORTHEAST CORNER OF KUNA- MERIDIAN ROAD (SK -69) AND VICTORY ROAD, WITHIN SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO PINNACLE ENGINEERS, INC., APPLICANT CIC 05/11/04 CIC 45/25/04 CIC 06/08/04 CIC 07/06/04 Case No. AZ -03-038 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and ming application having came on for public hearing on May 11, 2004, and continued until May 25, 2004, June 8, 2004, and July 6, 2004, at the hour of 7:00 p.m., and Brad Hawkins -Clark and Steve Siddoway for the Platming and Zoning Department, Dave McKinnon, Jose Veneziano, and Steven H. Laney, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCA.TION FOR ANNEXATION AND ZONING MUSSELL CORNER "DIMON (AZ -03-038) PAGE 1 OF 21 • FMINGS OF FACT i 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code 66 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances edified at Titles 11 and 12, Meridian City Code, and all current zoning maps thercef, and the Amended Comprehaudve Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary, 3. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 21.38 acres in size and is located on the nartlut corner of Kunz -Me idian Road (SH 69) and Victory Road, within Section 19, Township 3 North, Range 1 East, Meridian, Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 4. The owner of record of the subject property is Tim and Carol Mussell, and Tim Mussell has provided notarized consent for Pinnacle Engineers, Inc., to submit the subject application. Applicant is Pinnacle Engineers, Inc.. 5. The property is presently zoned C-2 (Ada. County) and contains an existing landscape business, single-family residence, coffee kiosk, sprinkler/urigation business and other outbuildings. 6. The Applicant requests the property be zoned as. C -G (Creneral Retail and Service Coamercial). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND' DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBI NIS1ON (AZ -03-038) PAGE 2 OF 21 0 • 7. The subject property is bordered to the north by RUT, to the south by RUT, to the east by R-4, and to the west by RUT. 8. The Applicant proposeer to develop the subject property in the following manner: A commercial subdivision that includes a combination feel store and gWconvenience station. 9. The Applicant requests zoning of the subject real property as C -G, which is consistent with the Meridian Comprehensive Plan GenaWized Land Use Map, which designates the subject property as Commercial. 10. There are no significant or scenic futures of major importance that affect the consideration of this application. 11. The City Council recognizes the concerns of Cloyd and Bonnie Nelson in their letter dated February 23, 2004, and in letters from Ada County Development Services dated February 4, 2004 and April 7, 2404. All ate hereby entered into public record and are on file in the Meridian City Clark's office, 33 East Idaho, Meridian, Idaho. 12. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Mendian planning jurisdiction, public facilities and services required by the proposed devalogment will not impose ez pease upon the public if the following conditions of development are imposed: A. Adopt the Recommendations of the Planning and Zoning Department as follows: 1. Prior to annexation ordinance approval, a Development Agreement shall be entered into between the City of Meridisu and the property owners). The Development Agreement shall require that a) All future uses on proposed logs or pence], within the annexation area shall be approved through the Conditional Use Permit process. FINDINGS OF FACT ARID CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ -03.035) PAGE 3 OF 21 0 0 b) Business hours for uses on this properly shall presently have no restriction on hours of operation. However, if in the future the "no restriction" on hours becomes a problem or hindrance to the surrounding area, then the City shall have the oppoMWty to re-evaluate the hours of operation, and at that time possibly plane hours of restriction upon the businesses. ,additionally, hours of fuel delivery, any potential for L efrigerated truck operation, and other noise generated at the site shall comply with the Meridian City Code Noise Ordinance. (Per action of the City Council taken at their July 6, 2004 meeting.) 2. Remove any existing domestic wells =&or septic systems within this project from their domestic service, per City Ordinance Section 54-517, when services are available from the City of Meridian Wells may be used for non- domestic ondomestic purposes such as landscape irrigation. 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 124-13. Plans will need to be approved by the appropriate irrigationldrainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. Iflateral users association approval ain't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 4. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. B. Adopt the Recommendations of the Meridian. Fire Department as follows: Acceptance of the water supply for fire protection will be by the Meridian Water Department 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire hydrants shall have the 4 %" 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 spec. d. Locations with fire hydrants shall have the curb painted red 10, to each side of the hydrant location. e. Fire hydrants shall be placed on comers. E Fire hydrants shall not have any vertical obstructions to outlets within 101 . FINDINGS OF FACT AND CONCLUSION'S OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ -03-038) PAGE 4 OF 21 3. All entrance and internal, roads shall have a turning radius of 28' inside and 48' outside. (Radii modification required near the northwest comer of the existing house and on the easternmost driveway from Victory Road). 4. Insure that all yet undeveloped parcels ammaintainel five ofcombushble vegetation. S. Operational fire hydrants and temprnary or p =Mont street Si are gos required before combustible construction begins. 6. All driveways shall have a clear driving sur% available at all times, which is 20' beide. (Width modification required near the southeast corner, of the proposed feed stare). 7. Fire lanes and streets shall have a vertical cIe.arance of 13'6". This includes mature landscaping. 8. Commercial and office occupancies will require a fire flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 3000' apart. 9. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constrain and is intended to enhance the probability of a thvorable outcome on it request for Basic Life Support The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational fornds to staffthe facilities. 10. The fire department requests that any future signalization iastalled as the result of the development ofthis project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergencymedscal service vehicles. This cost of this installation is to be borne by the developer. 11. Any chemical storage on the site will require compliance with IFC and MCC 11-12- 3.A. This includes agricultural fertilizers and d=icals. 12. Any activity involving the use or storage of flammaable or explosive materials shall be protected by adequate firefighting and fire -prevention equipment and by such safety devises as are normi0y usel in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the UFC, Unifoan Life Safety Code, MCC 11-12-3.C, and the National Safety Foundation publications. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER CIRANTfNO APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER. SUBDIVISION (AZ -03-038) PAGE 5 OF 21 0 • 13. All buildings must be spainklered. C. Adopt the R=mmandations of the Nampa Si Meridian Irrigation District as follows: 1. A Land Use Change Application shall be filed for review prior to final pig. 2. All laterals and waste ways must be protected. The District's Kennedy Lateral courses along the east and northern boundary of this proposed project. 3. All municipal surhoe drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. 4. The developer must comply with Idaho Code 31-3 805. D. Adopt the Recommendations of the Ada County Highway District (ACRD) per their report, which lists site-specific requirements, conditions of approval, and street improvements, which are required, ands which is stamped: RECEPM FEB 18 2004 City of Meridian City Clerk Office. E. The Applicant shall also comply with the conditions and requirements of the coy r=ponding applications for this project, which are Preliminary/Final Plat— PFP-03-007, and Conditional Use Permit — CUP -03-071. F. ' Adopt the action of the City Council taken at their July 6, 2004 meeting as follows: For Clarification L The hours of operation for the proposed businesses have been addressed above in A. Lb. pursuant to action of the City Council taken at their duly 6, 2604 meeting. 2. The Applicant shall be allowed to provide the pond amenity within an easement, rather than a common lot. The easement shall be maintained by the Properly Owners' Association. 3. The Applicant shall be allowed to use as a temporary access onto SIV69 which is located at the far northern portion of the proposed project (Rumple Lane), until such area re- develops. 4. The ,Applicant shall submit a revised Landscape ape Plan to reflect the northern boundary of Victory Road, and provide a legal description pertaining to the pond area. 5. It is noted that - ACHD will allow landscaping in their right-of-way but that they may restrict the placement of trees, and a License Agreement shall be entered into between the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRAN nNG APPLICATION FOR ANNEXATION AND ZONING MUSSEGL CORNER SUBDIVISION (AZ -03.038) PAGE 6 OF 21 0 0 Applicant and ACRD. 13. Ada County Development Services submitted three letters to the City oudining the history of the various code infractions on this site. The most recent letter, dated July 1, 2004, indicated that if the City approved the annexation and subdivision of the property, then the illegal split will be cleaned up. The other outstanding county violation noted by Ada County Development Services involves the lack of screening for the outdoor storage areas associated with the sprinkler business. The County will defer pursuing compliance of these issues as long as the Planning and Zoning staff forward all the proposed Findings of Fact and Development Agreement to the County for. their review and comment. 14. The 2002 Comprehensive Plan Future Land Use Map designates the subj act 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. It is found that the requested C -G zoning generally conforms to this stated purpose and intent of the Conmtercial designation. The following Goals, Objectives, and Action iterns . contained in the 2002 Comprehensive Plan are applicable to this application: • Chapter VII, Goal IV, Objective D, Action item 2 • Chapter VA Goal IV, Objective D, Action item 4 • Chapter IV, Goal I, Objective A, Action item b • Chapter VII, Goal 1, Objective B, Action item S • Chapter VII, Goal 1, Objective B • Chapter V, God III, Objective D, Action item 5 • Chapter VI, Figure VI • Chapter VI, Goal Ii; Objective A, Action item 3 FINDINGS OF FACT AND CONCLUSIONS OF LACI AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSI3LL CORNER SUBDIVISION (AZ -03-038) PAGE 7 OF 21 future. 0 14. It is not anticipates) that the applicant intends to rezone the subject property in the 15. Nurseries are a permitted use in the proposed C-0 zone. Service stations are also a permitted use in the proposal C -G zone. Convenience stores require conditional usepermit approval in the C -G zone Residential uses are prohibited in the C -G zone. Irrigation/sprinkter businesses are not a listed use in the Zoning Schedule of Use Control (MCC 11-8-1). The existing irrigation/spnnkier business that is to remain does have outdoor storage, office space, and has functions similar to a contractor yard. Because the irrigation/sprinlder business is not specifically listed as a permitted use in the C -G zone, it has been deteemined that conditional use permit approval would be required (MCC 11-"), The purpose of the C -O District is to provide for commercial uses, which are customarily operated entirely or almost entirely within a building (MCC 11-7-2.K). It is found that the proposed gas/conveniencelfeed store, the existing home, and the existing irrigation/sprinkler business that is to remain, aro not principally permitted uses in the C -G zone. The gas/donvenience/feed store and the existing irrigation/sprinkler business would require, separate oonditional use approval. The existing home that is to remain is not eligible for permitting and does not conform to the proposed zoning (non-confbnning use). However, the Applicant is requesting that the home be approved with the PD/CUP as a use -exception (MCC 12-&3). 16. Observation Point Subdivision and Hear Creek Subdivision have reeently been annexed and developed with residential land uses in this area. new are nat any developments in the area that have yet developed in a fashion similar to the proposd rezone area. FMINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANT NG APPLICATION FOR A1+JNEXA11ON AND ZONING NWSELL CORNER SUBDIVISION (AZ -03-038) PAGE 9 OF 21 Dames Meridian ltaad was Mendy Widened in this arm by ITD. Victory Road is not scheduled by ACHD for any improvements in the current Five Year Work Program or CIp. The intmccdOn of Victory Road/Kuna-Meridian Road is ranked #2 an the highway district's prioritization list and is anticipated to bre a Signalized intersection iu the now future, 17. It is found that the pro MW C -G zoneJnew uses, and any future uses, if designed, oonstruoted and operated in accordance with adopted city ordinances, should be harmonious and aPProp in appearance with the intenelai character of the vicinity. The site is.intended to be utilized for commercial uses which, based on the Comprehensive Plan description, will have such uses as retail, wholesale, service and office rues, rnulti.Arnfly residential, as well as appropriate public uses such as government offices. IS- Appropriate buffers should be required on the north and east boundaries of this development when Lots 1 and 4 redevelop, as the abutting uses (single-family) will be less intense than uses allowed in the C -G zone (see MCC 12-13-12-4). 19. Itis found that the recent roadway improvements to Ku na-Meridian Road (SH 69) should be adequate to serve this project for the short tens. However, ITD has indicated that SH 69 is not constructed to its ultimate section and will need to be widened again in the future. ITD needs additional right -of --way and/or a fines road adjacent taftbrough this property (see letter from rID). Improvements to Victory Road in this axes have not taken place in the recent past, and except for the anticipated sipalization at SH 69, none are anticipated within the next 20 years (not in ACHD's Five -Year Work Prograan). At ffigll build out, it is believed that this site will add a significant amount Of traffic to the roadway system (see ACHD staff report for further details). This site has over 1,000 FMINGS OF FACT AND CONCLUSIONS OF LAW AND DECISI©N AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDMSION (AZmW-038) PAGE 9 OF 21 feet of frcmtage on Victory Road. ACRD is requiringtbeApplic ant to install roadwayirnpmvements (pavement widening, sidewalk, b*6 lane, curb, gutter, etc.) on Victory Road. The ACHD is recommmding, with site-specific and standards conditions, approval of the subject development. The subject site can be serviced by the City ofMeridian's sanitary sewer and water Ostenis. Water mains would have to be extended in E. Victory Road from the Observation Point Subdivision. A temporary sanitary sewer lift station would need to be installed near the northwest comer of the development, and a pressure main would need to be extended approximately 1,400 -feet north on N. Kung -Meridian Road to the existing sewer at the El1k Run Subdivision On January 23, 2004, a joint ageney/deparlment comments meeting was held with representatives of key service providers to this property, The Meridian Fire Deparhnenfi has concerns with serviceability of this site, as it is cwrentlyoutside OfUWr five-nunate response zone. Because the Fire Depmrlmant does not know when a new station will be constricted in this area, south, ofthe freeway, all buildings within this development must be sprmklerecl. The Applicant should coordinate the location and design of refuse container(s) with Sanitary Services Company (SSC). Trash enclosures must be built in the location and to the size approved by SSC. All dumpster(s) must be scauened in accordance with MCC 11-12-I.C. It is found that the property proposed for annexation can be serviced by essential public facilities and services. 20. The developer will financing the extension of sewer, water, locayintemal shw infra ft ture, utilities and irrigation, services to serve thapmjat Thepdmarypublic costs to serve the future site will be fire and police services. It is found that this development will not cense FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANMNO APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDrVISION (AZr-03-03$) PAGE 10 OF 21 9 • excessive additional requirements at public oust, if the applicant complies with the conditions of approval for the amexation/zoning, conditional use pemait/PD pc mit and preliminary plat applications. 21. It is found that the gas stationlcomvenienadNed store uses may involve activities, processes, materials, equipment or conditions that will produce traffic, noise, fumes and/or odors. It is not believed that the amount of traffic, noise, fiunes and/or odors will be detrimental to the public. MCC 11-12-2 and 11-12-3 are intended to mitigate impacts of special uses such as fire Wards, bulk storage, noises. Conditions associated with a CUP muVor Development Agreement could establish use parameters that would prevesnt detrimental cff=U, In order to establish some guidelines to mitigate the detrimental aspects of the proposed use, the existing uses, and all future uses on-site, the hours of operation, hours of fuel delivery, any potential for refrigerated truck operation, and anticipated decilml levels generated at the site shall be as follows, and ere as addressed and acted upon at the City Council meeting held on July 6, 2004: Business hours for uses on this property shall presently have no restriction on hours of operation. However, if in the future the "no restriction" on hours becomes a problem or hindrance to the surrounding area, then the City shall have the opportunity to re-evaluate the hours of operation, and at that time possibly place hours of restriction upon the businessm. Additionally, hours of fuel delivery, any potential for refiigerated ttuok operation, and the anticipated decibel levels grated at the site shall comply within the guidelines of noise in the Meridian City Code. 22. ACHD estimates this site will generate 1,632 additional vehicle trips per day (74 existing). Chapter VII of the CompnAmsive; Plan states that the City should "Restrict curb cats FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICAno N FOR ANNEKATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ -03-038) PAGE 11 OF 21 and access points on collectors and mtwW street&" (Cbgpter Vu, Goal IV, Objective D, Action item 2). ACHD has evaluated am= to this site from Victory Read, while ITD has jurisdiction over access to Kuna Mendian Road (SH 69). ACRD has approved two access points to Victory Road. Review of the ACRD report for this project will provide additional information. ITD has submitted a letter to the City stating that their policy for aces to a Type IV Principal Arterial (SH 69) will be at intersectlons only, and spaced at ane-halfmiie intervals m urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis (see letter from ITD). 1TD's policy on approaches lessens the ability of driveways to create interference on the roadways. The driveways proposed to SH 69 far this site do not conform to ITD's police listed above for approaches on a Tyne IV roadway. Cunteatly SH 691as a posted speed limit Of 55 MPH. Vehicles 1"aving this site ftorn the proposed access points will be attempting to merge with, or crass, traffic that is going extremely fast. It is found that if the approaches to the site are constructed as proposed, they will cause interference with the tic now on SH 69. 23. There are no natural or scenic feature(s) that would be lost, damaged or destroyed by allowing this site to be annexed, zoned and developed with commercial uses. Any existing trees law than 4" caliper that are removed shall be mitigated hr, per the Landscape Ordinance. 24. It is found that 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 substantial compliance with the City's FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANM G APPLICATION FOR ANNMTION AND ZONING MUSSELL CORNER SUBDIVISION (AZ -03-038) PAGE 12 OF 21 comprChOm ve 02 (CommerWal). It is found that annexation anti zoning of this properly would be in the best interest of the City. 25. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 12, and all sub -parts, the economic welfare of the City and its residents and tax and rate payees will be protected, a condition of annexation and zoning designation. 26. It is abo, found that the development considerations as referenced in Finding No. 12 are raLsonable to require and must be taken into account', in order to assure the proposed development is designal, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposal use wiU not change the essential character of the affected svicuuty ami will insure that the proposed uses will not be hazardous or disturbing to the existing or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fwnes, glare and odors. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property'upon written request for annexation and the real pmperty being contiguous or adjacent W city boundaries and that said property lies within the urea of city impact as provided by Idaho Code Section 50.222. The Meridian City Code § 11-16 provides the City may annex rel property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of govennnent ordinances, and policies, and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIV'LSION PAGE 13 OF 21 0 of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Lend Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Compivahensive Plan City of Meridian adopted August 6, 20021, Resolution No. 02-382. 4. The pro je# follows the pertinent provisions of am City of Meridian Comprehensive Plan that are applicable to this Application. 5. The zoning of(C-0) General Retail and Service Commercial is defined in the Zoning Ordinance at § 11-7-2 K as follows: tC-G) Genual Retail And Service Commercial Did r�i'ct: The purpose of the C -G District is to provide for commercial uses which are customarily operated 'entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and aro located in close proximity to major highway or arterial streets; to fulfill the need oftravel-Mated services as well as retail sales for the trur sientt and permanent motoring public. All such districts shall he connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of c ommereW development. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs The City of Idaaho Falls. 105 Idaho 65, 665 Pad 1075 (1983). 7. The development of the annexed land, if amesied, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requhvments; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDPZKON (AZ.03-038) PAGE 14 OF 21 • 8. Purauantio adOn 11-164 A ofthe Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement. DECISION AND ORDER NOW, THEREFORA BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Counell does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 21.38 acres to General Retail and Service Commercial (GG) is Wanted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for anactation and zoning of 21.38 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel c ondgwus to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to meet the conditions set forth and in the event the conditions herein am not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian, which provides for the following conditions of development, to -wit: A. Adopt the Recommendations of the Planning and Zoning Department as follows: 1. Prior to annexation ordinance approval, a Development Agreement shall be entered into between the City of Meridian and the property owner(s). The Development Agreement shall require that: a) All future uses on, proposed lots or parcels within the annexation area shall be approved through the Conditional Use Permit process. b) Business hours for uses on this property shall presently have ao restriction on hours of operation. However, if in the fature the -no FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (A7r03-038) PAGE 15 OF 21 0 9 restriction" on hours beoomm a problem or hindrance to the surrounding are@, than the City shall have the opportunity to re-evaluate the hours of operation, and at that time possibly place hours of restriction upon the businesses. Additionally, hours of fuel delivery, any potential for refrigerated troch operation, and other noise generated at the site shall telly with the Meridian City Code Noise Ordinance. (Per action of the City Council taken at their July 6, 2004 meeting.) 2. Remove any existing domestic wells and/or septic systems widiin this project from their domestic service, per CitY Ordina= 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. 3. All irrigation ditch, laterals or orals, exclusive of natural waterways, interseetin& crossing or lying adjacent and contiguous to the parcel shall be tiled Per City Ordinance 12-4-13. Plans will need to be approved by the appropriate inigation/drainage district, or lateral users am miation (ditch owners), with written approval or non appra►val submitted to the Public Works Department. If Iatew users association approval can't be obtained, pians win be reviewed and approved by the Meridian City En&= prior to final plat sigoatum. 4. Any future+ subdivision, uses and Construction on this property shall comply with the City of Meridian ordinances in effect at the time. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Acceptance of the wetter supply for fire protection will be by the Meridian Water Department. 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire hydrants shall have the 4 I/2" outlet face the main stred or parking lot aisle. b. The fire hydrant shall not fade a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire hydmts shall be placed on cow. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and intmiW roads shall have a tmidag tndius of 28' inside and 48' outside. (Radii modification required near the northwest corner of the existing house and on the easternmost driveway from victory Road). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MMSELL CORNER SUBDIVMION (AZ -03-038) PAGE 16 OF 21 0 0 4. hmm that all yet undeveloped parcels are maintained free of combustible vegetation S. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. All driveways shall have a clear driving surftce, available at all braes, which is 20' wide. (Width modifications required near the southeast darner of the proposed feed ,sttoom). 7. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 8. Commercial and office occupancies will requite a Ste flow consistent with the Utriform Fire Code to setvioe the proposed project. Fire hydrants shall be placed an average of 300' apart. 9. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for faeilities that are located within 1.5 miler from a given location and sufficient operational funds to staff the facilities. 10. The fire department requests that any future signali melon 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. 11. Any chemical storage on the site will require compliance with IFC and MCC 11-12-3.A. This includes agricultural fextillzers and chemicals. 12. Any activity involving the use or storage of flamnmble or explosive materials shall be protected by adequate firefighting and fire -prevention equipment and by such safety devises as are normally used in the handling of any such material. Such hazards shall be kept removed torn adjacent activities to a distance which is compatible with the potential danger involved as specified in the UFC, Unitum Life Safety Code, MCC 11- 12-3.C, and the National Safety Foundation publications. 13. All buildings must be spAWdemd. C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ43•A38) PAGE 17 OF 21 R 1. A Land Use Cham Application shall be filed, for review prior to final platting. 2. All laterals and waste ways most be proteotecl. 7$e District's Kennedy Lateral courses along the out and northern boundary of this proposed project. 3. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. 4. The developer must comply with Idaho Code 313 805. D. Adopt the Recommendations ofthe Ada County MghwayDistrict (ACRD) per then report, which lists site-specific requirements, conditions of approval, and street improvements, which aro required, ands which is stamped: RECEIVED FEB 18 2004 City of Meridian City Clerk Office. E. The Applicant shall also comply with the conditions and requirements o f the corresponding applications fcsr this project, which are Prelimi narylFinal Plat— PFP-03-W7, and Conditional Use Permit — CUP -03-471. F. Adopt the action of the City Council taken at their July 6, 2004 meeting as follows: For Clarification• 1. The hours of operation for the proposed businesses have been addressed above in A. l .b. pursuant to action of the City Council taken at their July 6, 2004 meeting. 2. The Applicant shall be allowed to provide the pond amenity within an easement, rather then a common lot. The easement shall be maintained by the Property Owners' Association» 3. The Applicant shall be allowed to use as a temporary access onto SH/69 which is located at the for northern portion of the prtrposed project (Rumple Lane), until such area re -develops. 4. The Applicant shall submit a revised LandampePlan to reflect the norfhernboundairy of Victory Road, and provide a legal description pertaining to the pond area. 5. It is noted that ACRD will allow landscaping in their right-of-way but that they may restrict the placement of tom, and a License Agreement shall be entered into between the Applicant and ACHD. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUS SELL CORNER SUBDIVISION (AZ -03-038) PAGE IS OF 21 0 4. The CityAttorney shall prepare far consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (C -G) General Retail and Service Commercial District, and Meridian City Code § 1I - FDA 5. Subsequent to the passage of the Ordinance provided for in section 4 o£this Order the engh=ring staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annewdon and zoning ordinance. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAWNGS ANALYSIS The Applicant is hereby notified dint pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in wnbti , and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision conceming the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 57-5521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ -03-038) PAGE 19 OF 21 0 t a 0 0 By action of the City Council at its regular meeting held on the �i4' _ day of 2004. ROLL, CALL COUNCILMAN SHAUN WARDL.E VOTED Ou COUNCILMAN BILL NARY VOTED COUNCILMAN CHARLIE ROUNTREE VOTEDti COUNCILMAN KEITH BIRD VOTED MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED:ILI MOTION: APPROVED:_ DISAPPROVED: de Attest: '*`,aa��o•� 4OF G. Berg, Jr., CityotleffF vo t Isr •, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OIRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ -03-038) PAGE 20 OF 21 I t1 0 0 COPY mved upon Applicaat, the Planing and Zoning Depart a t, Public Works Department and the City Auomey. By:, Clerk's Office z�wo W=W= is360M M UNd CMW Shnzd3.03s W-- 407 CUP4347pAW c,&,odw k, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA7L TION AND ZONING MCTSSELL CORNER SUBDIVISION (AZ -03-03$) PAGE 21 OF 21 0 • September 15, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING September 19, 2006 APPLICANT City Council President - Shaun Wardle ITEM NO. 6-A-1 REQUEST Resolution — Valley Regional Transit Regarding Coalition for Public Transportation 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 //,), azp� -r- j?' A P411 P P -L -- �U pf,� 0 Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pub8c mee*W shop become properly of the City of Meridian. • CITY OF MERIDIAN RESOLUTION NO. 0 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE COALITION FOR PUBLIC TRANSPORTATION FUNDING RECOMMENDATION A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO ACCEPT THE RECOMMENDATION OF THE COALITION FOR REGIONAL PUBLIC TRANSPORTATION FOR LOCAL OPTION SALES TAX AS THE FUNDING OPTION TO PURSUE FOR THE ADOPTED VALLEY REGIONAL TRANSIT REGIONAL OPERATIONS AND CAPITAL IMPROVEMENT PLAN. WHEREAS, the population of Ada and Canyon counties is projected to be over one million by the year 2030; and WHEREAS, community leaders in the region know that a sustainable transportation system is critical to sustain and enhance economic development opportunities; and WHEREAS, rapid growth in the region will continue to increase the number of vehicles on our roads, resulting in increased traffic congestion and negative impacts to air quality; and WHEREAS, Idaho is one of four states that does not provide either state funds or local option taxing authority for local public transportation funding; and WHEREAS, federal matching funds in the Nampa urbanized area are going unused due to lack of local matching funds; and WHEREAS, Valley Regional Transit in the Treasure Valley will be prohibited from using federal funding for operating expenses by October 1, 2007; and WHEREAS, the Coalition for Regional Public Transportation (Coalition) formed through the support of the Treasure Valley Chambers of Commerce to study the issue of public transportation and identify an option for an adequate and stable funding source; and WHEREAS, the Coalition was divided into two groups: a community leaders group composed of business leaders, and a local elected officials group; and WHEREAS, each group met separately between November 2005 and January 2006 to learn about public transportation and study Valley Regional Transit's proposed plan for a future public transportation system; and RESOLUTION - COALITION FOR REGIONAL PUBLIC TRANSPORTATION RECOMMENDATION Page 1 of 2 WHEREAS, the two groups formed a joint leadership group and met in February, March, April, and May of 2006 to confirm their support for the proposed regional plan and identify a stable funding source that would adequately finance the proposed plan; and WHEREAS, public transportation was determined by the Coalition to be an important component of the transportation system and an essential public service in rural and urban areas; and WHEREAS, on this date, the City of Meridian reviewed the public transportation funding recommendation of the Coalition. NOW THEREFORE, BE IT RESOLVED BY THE CITY OF MERIDIAN: Section 1. That the City of Meridian accepts the recommendation of the Coalition for Regional Public Transportation for local option sales tax as the funding option to pursue for the adopted Valley Regional Transit Regional Operations and Capital Improvement Plan. Section 2. EFFECTIVE DATE: That this Resolution shall be in full force and effective immediately upon its adoption and its approval. ADOPTED by the City Council of the City of Meridian, Idaho this day of .2006. APPROVED by the Mayor of the City of Meridian, Idaho this day of .2006. APPROVED: Mayor Tammy de Weerd ATTEST: William G. Berg, Jr., City Clerk RESOLUTION - COALITION FOR REGIONAL PUBLIC TRANSPORTATION RECOMMENDATION Page 2 of 2 September 15, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING September 19, 2006 APPLICANT Mayor's Office ITEM NO. 6-B-1 REQUEST Proclamation for Recovery Awareness Day 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: Q 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 mee W shag become properly of the Cly of Meridian. CITY OF - �t IDAHO T& Office of tie Mayor PROCLAMATION WHEREAS, substance use disorders are a serious and treatable health problem, and as many as 63% of Americans say that addiction has had an impact on them at some point in their lives, whether it was the addition of a friend of family member or another experience, such as their own personal addiction; and WHEREAS, assessing our citizens' needs for addiction treatment and referring them to appropriate treatment - and their family members to support services - is a crucial first step in helping people realize that recovery is possible and treatment is effective; and WHEREAS, saluting people who are in recovery from alcohol and drug use disorders, as well as those who have helped them obtain treatment, helps to overcome barriers by educating the community about the benefits of the treatment, and affirming the goal that all people with alcohol and drug use disorders should have access to treatment services; and WHEREAS, to help achieve this goal, the City of Meridian Mayor's Anti -Drug Coalition invite all residents of Idaho to participate I Recovery Awareness; THEREFORE, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim Tuesday, September 26, 2006 as Recovery Awareness Day in Meridian, Idaho and call upon the people in the Treasure Valley to "Join the Voices for Recovery ... Now!" A' Dated this 19th day of September, Tammy 46erd, Mayor Shaun W i e, City Council Joe Borton, City Council Keith Bird, City Council Charlie Rountree, City Council 0 • September 15,2W6 Department Reports MERIDIAN CITY COUNCIL MEETING September 19, 2106 APPLICANT Planning Department ITEM NO. REQUEST Transportation Task Force Project Recommendations to ACHD 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 aNached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Maledab preseeted of pubec meetings sixg become properly of the City of Medd wL 0 RECEIVED Memo SEP 15 2006 City Of Meridian To: Mayor and City Council City Clerk Office From: Steve Siddoway, Comprehensive Planning Manager Matt Ellsworth, Associate Planner Date: September 15, 2006 Re: Priorities for the Five Year Work Program (FYWP) and Transportation Improvement Program (TIP) Attached are lists of the proposed transportation projects as nominated and prioritized by the City of Meridian Transportation Task Force (TTF). The attached tables show the priority number for each project, the project name, and a description to tell the "story" about the needs and issues behind the project. There is a master list of all projects, as well as summary lists for specific project types, such as ITD projects, ACRD roads, and intersections. The TTF meets monthly and has discussed many topics this year including access management, Chinden (US 20/26), ACHD's prioritization process, Communities in Motion, and road project needs and priorities. At the August 10ffi meeting, the TTF voted on a compiled list of transportation projects. Votes were tallied and a draft priority list was prepared and emailed to TTF members after the meeting. At the September 14 meeting, the TTF members discussed refinements to the draft list and approved the revised priority list to be forwarded to the Mayor and City Council. ACHD and Compass need to receive a final, Council -approved list of priorities by the end of October. We offer the following observations of the TTF priority list: ■ Ten Mile interchange is and continues to be the City's number one priority transportation project. ■ The priority list does not include projects scheduled for construction in 2007. ■ The priority list includes a mix of ITD projects, ACHD road projects, and intersection projects. 0 ■ The top five future ITD projects in priority order are: 1. Ten Mile Interchange 2. Chinden Road widening 3. Linder Overpass 4. SH -16 Extension @ McDermott 5. Meridian Road Interchange Rebuild • ■ The top five future ACHD road projects in priority order are as follows. These projects will receive "bonus points" in ACHD's prioritization process for the Five Year Work Program. 1. Downtown Split Corridor 2. Ten Mile Road, Franklin to Ustick 3. Franklin Road, Linder to Ten Mile 4. Pine Avenue, Meridian to Eagle 5. E 3rd Connection ■ The top five intersection projects in priority order are: 1. Linder/Ustick 2. Meridian/Ustick 3. Linder/Pine 4. Meridian/McMillan 5. Linder/McMillan ■ A general observation is that priority was given to those projects that increased capacity in highly congested corridors over those projects for beautification or other benefit. ■ The City has so many HIGH priority transportation needs that many TTF members noted a desire for all projects to be seriously considered for construction by ACHD, ITD, and Compass. However, acknowledging the realities of limited funding, the TTF recommends the priority order shown in the 9 ! Pagel of 3 Tara Green From: Steve Siddoway Sent: Friday, September 15, 2006 10:06 AM To: Matthew Ellsworth; Tara Green Subject: RE: Agenda Attachments: 2006 TTF Recommendations -Master Priority List.xls; 2006 Recommendations-ITD Summary.xls; 2006 Recommendations-ACHD Roads Summary.xls; 2006 Recommendations - Intersections Summary.xls Thanks Matt. I made a couple minor tweaks to the files. Tara, please use the attached final versions for the Council packets. Also, we were not able to discuss the Consent Agenda vs. Dept. Report question with Mayor De Weerd at our meeting yesterday. I left a message yesterday evening for Peggy to get an answer and am waiting to hear back. If you see the Mayor this morning, please feel free to ask her directly about her preference. Thank you, Steve xogro Srddowkp; AXZA "6"p C',=proho-w-m Play 1Ll yor .til�ridi�n Pl�nnzzzy Dsp�zn�� a,60,6, vae4"pwor z no, .S"ttit� zO� Jfolnwaa, Adlma 83602 AOVO zO8.88O<5F533 CO& 110800,91905Y Fax "08888 68150 From: Matthew Ellsworth Sent: Friday, September 15, 2006 8:02 AM To: Steve Siddoway; Tara Green Subject: RE: Agenda Steve, That sounds good. If the attached tables look ok to you can you please reply to Tara and I to give the green light? Thanks, Matt Ellsworth Associate Planner Meridian Planning Department 660 E. Watertower, Suite 202 Meridian, ID 83642 208.884.5533 From: Steve Siddoway Sent: Thursday, September 14, 2006 5:52 PM To: Matthew Ellsworth; Tara Green Subject: RE: Agenda Matt, I think we had better include a legend/key for the different colors so that Council can interpret what the 9/15/2006 l� • Page 2 of 3 colors represent. Also, I think we should give them the summary tables, as well. What do you think? Cornpr�l��ns7roQ /3-1g lvalua,9101 �l�zidi�n Fl�nzizay Dsp�z�zzQn� 660 0 WaeZ�(ow'sr Ino, Suzo z0," blo"Wz;�a, Id"o 836Az Flom 1�10U,?" 5NN13 C'O.tIz0940,9.,90,59 Ax z0999a.6450 From: Matthew Ellsworth Sent: Thursday, September 14, 2006 5:02 PM To: Tara Green Cc: Steve Siddoway Subject: RE: Agenda Thanks Tara! Attached is the final recommendation list for inclusion in the Council packet. Please let me know if any more info would be helpful. Matt Ellsworth Associate Planner Meridian Planning Department 660 E. Watertower, Suite 202 Meridian, ID 83642 208.884.5533 From: Tara Green Sent: Thursday, September 14, 2006 2:53 PM To: Matthew Ellsworth Cc: Steve Siddoway Subject: RE: Agenda Thanks Matt — I have added the item under the Consent Agenda. Let me know if anything changes! Thanks, Tara From: Matthew Ellsworth Sent: Thursday, September 14, 2006 2:46 PM To: Tara Green Cc: Steve Siddoway Subject: Agenda Tara, For the agenda, I was hoping to get a space filler for the Transportation Task Force Project Recommendations to ACHD. At the moment I think the consent agenda will be fine but I'll confirm with the Mayor this afternoon and let you know if that is not the case. I'll have the full list for inclusion in the packet tonightlearly tomorrow. Thanks, 9/15/2006 0 Matt Ellsworth Associate Planner Meridian Planning Department 660 E. Watertower, Suite 202 Meridian, ID 83642 208.884.5533 9/15/2006 • Page 3 of 3 September 15, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING September 19, 2006 APPLICANT Planning Department ITEM NO. 6-C-2 REQUEST Discussion of Cross Access at the Southwest Comer of Meridian Road and Overland Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: Emailed: Staff Initials. Materk* presented at pubec meeths shag become properly of the City of Meridian. Page 1 of 1 0 Tara Green From: Anna Canning Sent: Tuesday, September 19, 2006 8:49 AM To: Will Berg; Sharon Smith; Tara Green Subject: FW: Waiver of transmittal -Comprehensive Plan E Can I please have an additional item placed on the agenda under my Department Report? Anna Borchers Cannings, AICP Citi of Meridian Planning Director From: Pete Friedman [mailtD:pfriedman@adaweb.net] Sent: Tuesday, September 19, 2006 8:43 AM To: Anna Canning Subject: Waiver of transmittal -Comprehensive Plan Anna, We are in the process of scheduling hearings on the draft Ada County Comprehensive Plan. In order to facilitate a timely review of the document, we are requesting that the City of Meridian waive the normal transmittal review period. We trust that the City's participation as a member of the Steering Committee and having had possession of the draft plan for a number of weeks has provided you with ample review opportunity. Further we recognize that waiving the review period does not indicate the City's concurrence with the plan as presently drafted. Thank you for your consideration. Pete Friedman, AICP Planner III Ada County Development Services 200 W. Front St. Boise, ID 83702 (208) 287-7943 9/19/2006 0 September 15, 2006 MERIDIAN CITY COUNCIL MEETING September 19, 2006 APPLICANT Landmark Engineering & Planning ITEM NO. 8 REQUEST Tabled from September 5, 2006 — Request for Final Plat approval for 5 single family residential building lots on 1.06 acres in an R-8 zone for Windsong Subdivision No. 2 -- north of Ustick Road and west of Linder Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See previous Item Packet / Minutes Date: Phone: Staff Initials: Materials presented at public meetings shall beeome property of fhe Ciiyy of Merldian. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF LANDMARK ENGINEERING & PLANNING, INC., FOR FINAL PLAT APPROVAL OF 5 SINGLE-FAMILY RESIDENTIAL BUILIDNG LOTS ON 1.06 ACRES IN AN R-8 ZONE LOCATED NORTH OF USTICK ROAD AND WEST OF LINDER ROAD IN THE SE 1/ OF THE SE 1/ OF T. 4N., R. 1W., SECTION 35 C/C September 19, 2006 CASE NO. FP -06-038 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on September 19, 2006 and the Council finding that the Administrative Review is complete from Sonya Watters, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: September 19, 2006, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING WINDSONG SUBDIVISION NO. 2 LOCATED IN THE SE'/ OF THESE 1/ OF T. 4N., R. 1W., SECTION 35, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WINDSONG SUBDIVISION NO.2 / (FP -06-038) Page 1 of 4 9 DATE: 06/28/06, SHEET 1 OF 2, LANDMARK ENGINEERING & PLANNING, INC.", STUBBLEFIELD CONSTRUCTION COMPANY, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Watters, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: September 19, 2006, listing 13 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 12 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 3 pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their September 19, 2006 meeting as follows, to -wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WINDSONG SUBDIVISION NO.2 / (FP -06-038) Page 2 of 4 9 0 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAIUNNGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which maybe adversely affected by this decision may, within twenty-eight (28) days ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WINDSONG SUBDIVISION NO.2 / (FP -06-038) Page 3 of 4 after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 19 0' day ATTEST: G. BERG, Copy served upon: �`aeo,�����u►r►►u►'!By' MAYORT de WE ERD BEL Pl�� ✓ Publwolf epartment �%1001 City Attorney By: ityy Clerk's Office Dated: ICS- 1, - ®Lu ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WINDSONG SUBDIVISION NO.2 / (FP -06-038) Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARMENTS STAFF REPORT r STAFF REPORT: Hearing Date: August 22, 2006 O TIF Transmittal Date: August 16, 2006 oil V «O a. TO: Mayor and City Council f FROM: Sonya Watters, Assistant City Planner0 Michael Cole, Development Services Coordinator e- SUBJECT- Windsong Subdivision No. 2 Request for Final Plat Approval of Five (5) Single -Family Residential Lots on 1.06 Acres in an R-8 Zone for Windsong Subdivision No. 2, by Landmark Engineering and Planning, Inc. (File No. FP -06-038). We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Landmark Engineering and Planning, Inc., has requested final plat approval for phase 2 of Windsong Subdivision. This phase consists of five single-family residential lots on 1.06 acres in an R-8 zone. The gross density of Phase 2 is 4.71 dwelling units per acre. The net density is 5.17 dwelling units per acre. The proposed subdivision is located approximately 300 ft. north of W. Ustick Road and 600 ft. west of N. Linder Road, in the SE % of Section 35, TAN., R.l W. The dimensional standards for the common driveway located on Lots 16 & 17, Block 3 were approved with the preliminary plat under the old Meridian City Code. While they don't meet the current standards of the new Unified Development Code, the Planning Director deemed that they were vested under the code that was in effect at the time the preliminary plat was approved. This phase of Windsong Subdivision was previously approved by City Council on April 27, 2004 but the applicant was unable to record the final plat within the allotted one year time period because of a boundary dispute on the south-eastern boundary of the property. Since the plat was not recorded within one year, the final plat approval is null and void. The preliminary plat, however, is still valid; therefore, the applicant is now resubmitting the final plat for this phase. Staff finds that the proposed final plat is consistent with the approved preliminary plat. Staff recommends approval of Windsong Subdivision No. 2 with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved annexation (AZ -03-031) and preliminary plat (PP - 03 -037) for this subdivision. 2. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Fencing along the perimeter of the subdivision shall be installed prior to release of building permits for Exhibit "A" FP -06-038 Windsong Sub2 FP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARPMENTS STAFF REPORT this subdivision. Fencing type shall match the type approved around the perimeter of phase 1 shown on the fencing plan. Sanitary sewer and water service to this has already been installed with Windsong #1. No further water or sewer construction is required. 4. Revise the final plat to comply with Idaho State Statute 50-1304 requirement to be 18 -inches by 27 -inches. The "Real Point of Beginning" as depicted on the face of the plat does not match the location called out in the Certificate of Owners. The applicant shall revise either the plat or the Certificate of Owners to ensure they are both accurate and congruent. 6. Revise the plat to include the metes and bounds of the eastern boundary of this development. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 94-8. Wells may be used for non-domestic purposes such as landscape irrigation. All common driveways shall be constructed in accordance with UDC 11 -6C -3D except for the width of the driveway, which shall be paved a minimum of 16 -feet wide, as proposed on the preliminary plat, with a surface capable of supporting 75,000 lbs. with a turning radius of 28' inside and 48' outside for fire vehicles and equipment. All properties that abut a common driveway shall take access from the driveway. 9. Prior to signature on the final plat by the City Engineer the applicant shall submit a recorded document that shows this property's relinquishment of the ingress/egress easement, or submit documentation that the ingress/egress easement has been vacated. 10. Revise or add the following note(s) on the face of the plat prepared by Landmark Engineering & Planning, Inc., stamped on 06/28/06 by D. Terry Peugh, prior to signature of the final plat by the City Engineer: (5.) Revise to read, "... foot (5') wide public utilities permanent drainage..." (12.) Remove note. Secondary access for residential lots is not allowed. 11. The landscape plan, prepared by Jensen Belts and dated 10/13/03 is approved as submitted. 12. Complete the Certificate of Owners and the accompanying acknowledgement. 13. Staff's failure to cite specific ordinance provisions or conditions of the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or he within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. Exhibit "A" FP -06-038 Windsong Sub2 FP.doc PAGE 2 CITY OF MERIDIAN PLKNNING AND PUBLIC WORKS DEPAOMENTS STAFF REPORT 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 12. Approval of the preliminary plat shall become null and void if the applicant fails to record the fmal plat within two years of the approval of the preliminary plat per UDC 11 -6B -7A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, may be considered for fmal approval without resubmission for preliminary plat approval per UDC 11 -6B -7B. STAFF RECOMMENDATION Staff recommends approval of the final plat for Windsong Subdivision No. 2 (FP -06-038) with the above stated comments and conditions. Exhibit "A" FP -06-038 Windsong Sub2 FP.doc PAGE 3 0 i September 15, 2006 FP 06-041 MERIDIAN CITY COUNCIL MEETING September 19, 2006 APPLICANT Paramount Development, Inc. ITEM NO. 9 REQUEST Final Plat approval for 26 single-family residential building lots on 4.17 acres in an R-8 zone for Paramount SubdMslon No.14 - west of Meridian Road and north of McMillan 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 Staff Comments See attached comments Date: Phone: _ Staff Initials: Materials presented at public meetings shop become properly of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF PARAMOUNT ) DEVELOPMENT, INC., FOR FINAL ) PLAT APPROVAL OF 26 SINGLE- ) FAMILY RESIDENTIAL BUILDING ) LOTS ON 4.17 ACRES IN AN R-8 ) ZONE LOCATED WEST OF ) MERIDIAN ROAD AND NORTH OF ) MCMILLAN ROAD IN THE SE 1/ ) OF T. 4N., R. 1W., SECTION 25 ) C/C September 19, 2006 CASE NO. FP -06-041 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on September 19, 2006, and the Council finding that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: September 19, 2006, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING PARAMOUNT SUBDIVISION NO. 14 LOCATED IN THE SE 1/ OF T. 4N., R. 1W., SECTION 25, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN DATE: 07/21/06, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 14 / (FP -06-041) Page 1 of 4 0 i SHEET 1 OF 3, ENGINEERING NORTHWEST, LLC", PARAMOUNT DEVELOPMENT, INC., Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: September 19, 2006, listing 14 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 12 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Paramount Development, Inc., a true and correct copy of which attached hereto marked Exhibit "B" and consisting of 2 pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their September 19, 2006 meeting as follows, to -wit: 1.1 Adopt the action of the City Council taken at their September 19, 2006 meeting: Graphically depict a 5 -foot PUDI easement along interior lot lines not being spanned by structures prior to signature on the final plat, OR submit a Certificate of Zoning Compliance for each structure. You will be required as part of that approval to record a 5 -foot PUDI easement along interior lot lines not being spanned by structures prior to occupancy. 1.2 Adopt the Recommendation of the Central District Health Department as follows: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 14 / (FP -06-041) Page 2 of 4 0 9 The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAIGNGS ANALYSIS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 14 / (FP -06-041) Page 3 of 4 0 The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which maybe adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. � 1� By action of the City Council at its regular meeting held on the 1 day of wIe- bty-- ; 2006.,\e�ll�li�sieiurr,rr�, ATTEST: WILLIAM G. BERG, Copy served upon: `s ® MA I JR., C Applican{'1111111911 11111111��0 Planning Department Public Works Department ./ City Attorney By:, Dated: (0 -A4-W City Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 14 / (FP -06-041) Page 4 of 4 de WEERD CITY OF MERIDIAN ANING AND PUBLIC WORKS DEPAMENTS STAFF REPORT STAFF REPORT: Hearing Date: September 19, 2006 maF Transmittal Date: September 14, 2006'" " TO: Mayor and City Council> FROM: Kristy Vigil, Assistant City Planner Michael Cole, Development Services Coordinator C SUBJECT: Paramount Subdivision No. 14 Request for Final Plat Approval of Paramount Subdivision No. 14 Consisting of 26 Single -Family Residential Building Lots on 4.17 Acres in an R-8 Zone by Paramount Development, Inc. (File# FP -06-041). We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Paramount Development, Inc., has applied for final plat approval of 26 single-family residential building lots on 4.17 acres of land for Paramount Subdivision No. 14. The zoning designation for the proposed subdivision is R-8 (Medium Density Residential). The gross density of this phase of the proposed subdivision is 6.24 dwelling units per acre; the net density is 9.66 dwelling units per acre. Paramount Subdivision is located % mile north of McMillian and %z mile west of Linder in the W 1/2 of the SE % of Section 25 T. 4N., R. 1W. This property has not been previously platted. A Conditional Use Permit for a Planned Development was approved for this subdivision that allowed for a reduction in the minimum lot size from 6,500 s.f. to 3,960 s.f. for detached units and from 6,500 s.f to 3,159 s.f. for attached units; a reduction in the minimum dwelling size from 1,301 s.f. to 1,101 s.f for the detached units; front setbacks for living area reduced from 15' to 10' for both the detached and attached units; street side setbacks reduced from 20' to 10' for both the detached and attached units; and a reduction in street frontage from 65' to 36' for the detached units and from 65' to 27' for the attached units. The City Council approved the preliminary plat for Paramount on June 24, 2003 and the submitted final plat substantially complies with the approved preliminary plat. The proposed density is within the range of a medium density development, as depicted on the Comprehensive Plan Future Land Use Map. It is anticipated that the proposed phase will record prior to Phase 13, which the City Council apyroved on August 15 2006. Therefore Staff will internally change the Paramount Subdivision No. 13 file (FP -06- 037) to be Paramount Subdivision No. 14 and Paramount Subdivision No. 14 (FP -06-041) to Paramount Subdivision No. 13 to coincide with the aolicant's recordation timelines. Staff recommends approval of Paramount Subdivision No. 14 (to record as Paramount Subdivision No. 13) with the comments and conditions stated in this report. FP -06-041 Paramount Subdivision No. 14 FP.doc PAGE 1 CITY OF MERIDIAN PLNING AND PUBLIC WORKS DEPAENTS STAFF REPORT SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved preliminary plat (PP -03-004), conditional use permit (CUP -03-008) and development agreement (Inst. No. 103137116). 2. The applicant has indicated that the Paramount Homeowners Association will own and maintain the pressure irrigation system within this development. Plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process, and a draft copy of the pressurized irrigation system Operations and Maintenance manual must be submitted prior to plan approval. 3. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant has indicated an on-site well will be the backup source, if, however, a single -point connection is used, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 4. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. 5. Sanitary sewer and water service to this site is being proposed via extensions of existing mains in previous phases. Applicant will be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 6. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-14 and 94-8. Wells may be used for non-domestic purposes such as landscape irrigation. 7. Include the instrument number for the center % shown on the face of the plat. 8. The sum or the rear lot line dimensions in Blocks 39 and 38 do not equal what is shown on the face of the plat as an overall measurement. The applicant shall confirm this and make any necessary adjustments to ensure that all measurements shown on the plat are accurate. 9. Graphically depict a 5 -foot wide Public Utilities, Drainage and Irrigation easement along the interior lot lines that are not spanned by an attached unit. 10. Graphically depict a special setback from the right-of-way in the following locations. The size of the setback shall be sufficient to ensure the 20 -foot separation requirement of the Department of Environmental Qualities Best Management Practices between a seepage bed and building foundation. Reference the setback in a plat note. a) Northeastern boundary of Lots 3-6, Block 39. b) Northeastern boundary of Lots 4-7, Block 38. c) Southwestern boundary of Lots 2-4, Block 38. 11. The landscape plan, prepared by The Land Group and dated 07/20/06, shall be revised as follows: a. Include tree class information in the plant schedule. FP -06-041 Paramount Subdivision No. 14 FP.doc PAGE 2 CITY OF MERIDIAN PLXIVNING AND PUBLIC WORKS DEPAMENTS STAFF REPORT b. The plan does not appear to scale out correctly; revise plan accordingly. C. Include a calculations table per the requirements specified in the final plat landscape plan submittal checklist. Submit three copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. 12. Submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 13. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B- 11. 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 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 14. Stars failure to cite specific ordinance provisions or conditions of the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or he within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. FP -06-041 Paramount Subdivision No. 14 FP.doc PAGE 3 CITY OF MERIDIAN PANNING AND PUBLIC WORKS DEPAENTS STAFF REPORT 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 12. Approval of the preliminary plat shall become null and void if the applicant fails to record the fmal plat within two years of the approval of the preliminary plat per UDC 11 -6B -7A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, may be considered for final approval without resubmission for preliminary plat approval per UDC 11 -6B -7B. STAFF RECOMMENDATION Staff recommends approval of the final plat for Paramount Subdivision No. 14 (FP -06-041) with the above stated comments and conditions. FP -06-041 Paramount Subdivision No. 14 FP.doc PAGE 4 PARAMOUNT September 19, 2006 Mayor and City Council - City of Meridian 660 E. Watertower, Suite 200 Meridian, ID 83642 Re: File No. FP -06-041 Paramount Subdivision No. 14 Our response to the City's Site Specific Comments for this project is as follows: Site Specific Requirements I) All terms of the approved Preliminary Plat (PP -03-004), Conditional Use Permit (CUP -03-008) and Development Agreement (Inst. No. 103137116) have been met. 2) The Paramount Homeowner's Association will own and maintain the pressure irrigation system within this development. An irrigation well will be continued for use as a secondary source as in previous phases. 3) This project has a private well as a year round source of water supply for the pressure irrigation. 4) Agree. 5) Sewer and water mains will be constructed through this phase of development by connecting to existing extensions from previous phases. 6) There are no domestic wells or septic systems located within this project. 7) The instrument number for the center 1/4 has been added to the face of the plat. 8) The dimension running along the back of Blocks 38 and 39 are not overall dimensions for the back of the lots, they are the centerline dimensions for the alleys. We have revised the dimensions in order to clarify the plat in these two areas. As a result of the revision to the order in which this plat will record with the relation to Paramount Subdivision No. 13 (FP -06-037), the Blocks have been renumbered to Blocks 34 and 35 respectively. 9) Side yard easements cannot be depicted on the final plat as it is unknown at this time which lots will have attached units spamming lot lines and which lots will have detached units. 10) The 20 -foot setback requirement for DEQ Best Management Practices between seepage bed and building foundation will be depicted on the plat for the following lots: a) Northeastern boundary of Lots 3-6, Block 39 (now Block 35) b) Northeastern boundary of Lots 4-7, Block 38 (now Block 34) c) Southwestern boundary of Lots 2-4, Block 38 (now Block 34) d) Northeastern boundary of Lots 11-13, Block 38 (now Block 34) 11) The landscape plan, prepared by The Land Group dated 07/20/2006 will be revised per staff comments and three copies submitted to the City Engineer prior to the signing of the final plat. 12) Agree 13) Agree 14) Agree City of Meridian — General Requirements The developer agrees to all the general requirements contained in the staff report dated September 14, 2006. Should you have any questions or need anything else feel free to give me a cal 1. Thank you, Jay Walker, PM Paramount Development, Inc. 12601 W. Explorer Dr. #200, Boise, ID 83713 P: 208.378A000 F: 208.377.8962 Exhibit "B" Xc: Gene Smith, PE — Engineering Northwest 12601 W. Explorer Dr. #200, Boise, ID 83713 P: 208.378.4000 F: 208.377.8962 Exhibit 'B" September 15, 2006 MERIDIAN CITY COUNCIL MEETING September 19, 2006 APPLICANT ITEM NO. 10 REQUEST Public Hearing — Amendments for 2005 / 2006 Fiscal Year Budget AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: See attached Phone: Staff Initials: Mcderlak presented at pubbc meeMip slab become properly of the Cby of Meridkn � e'ko(�t 'Lam' � ��� — 7-hom{� I CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Public Hearing for consideration of an amendment to the 2006 fiscal year budget by appropriating additional monies received by the City of Meridian, said hearing to be held at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at 7:00 p.m. on Tuesday, September 19, 2006. CITY of MERIDIAN FY2006 Proposed Amendment FY 2006 Budget Amendment Public Hearing Notice — Page 1 of 2 . ,4Wwu r/cuuo Approved REVENUES Revenues Amendment TOTAL AMENDED BUDGET GENERALFUND Property Tax revenue 10,258,303 10,258,303 Other Sources Special Services - Community Planning & Development Park Impact revenues1,264,400 Fire Truck Fund revenue 5,103,608 4,380,793 -- 400,315 1,000,000 5,503,923 5,380,793 1,264,400 GENERAL FUND REVENUES 21,007,104 1,400,315 22,407,419 use of Park Impact Fund Balance use of Fire Truck Fund balance use of Special Service Fund Balance 2,311,622 337,600 31,000 1,213,585 3,525,207 337,600 31,000 use of General Fund balance 1,619,035 62,734 1,681,769 TOTAL GENERAL FUND 25,306,361 2,676,634 27,982,995 CAPITAL IMPROVEMENT FUND Interest Revenue Use of Capital Improvement Fund 107,000 107,000 Balance 4,460,500 4,460,500 TOTAL CAPITAL IMPROVEMENT FUND 4,567,500 - 4,567,500 ENTERPRISE FUND Water & Wastewater Revenues 24,032,500 18,500 24,051,000 Use of Enterprise Fund balance 35,409,010 408,000 35,817,010 TOTAL ENTERPRISE FUND 59,441,510 426,500 59,868,010 TOTAL REVENUES 89,315,371 3,103,134: 92,418,505 EXPENDITURES Approved Expenditures Amendment TOTAL AMENDED BUDGET GENERAL FUND Personnel $ Operating - Administrative Offices 1,439,256 (32,330) 1,406,926 Admin carry -forward appropriation 1,319,619 1,319,619 Police Department 7,194,928 43,906 7,238,834 Police carry -forward appropriation 8,000 8,000 FY 2006 Budget Amendment Public Hearing Notice — Page 1 of 2 Fire Department 4,715,785 244,597 4,960,382 Parks Department 1,242,016 51,786 1,293,802 Special Services - Community Planning & Development 3,347,108 676,711 4,023,819 Special Service cant' -forward appropriation 31,000 31,000 TOTAL GENERAL FUND OPERATIONS 19,297,712 984,670 20,282,382 Capital Outlay Administrative Offices 180,866 37,400 218,266 Police Department 403,360 101,190 504,550 Fire Department 526,700 6,500 533,200 Fire carry -forward appropriation 53,500 53,500 Parks Department 1,006,850 1,223,585 2,230,435 Parks carry -forward appropriation 2,803,688 2,803,688 Special Services - Community Planning & Development 26,835 60,970 87,805 addition to Spec Svc reserved fund balance 1,006,850 262,319 1,269,169 addition to unreserved fund balance TOTAL GENERAL FUND CAPITAL OUTLAY 6,008,649 1,691,964 7,700,613 TOTAL GENERAL FUND EXPENDITURES 25,306,361 2,676,634 27,982,995 CAPITAL IMPROVEMENT FUND Personnel & Operating Administrative Offices 7,500 7,500 Capital Outlay Administrative & Parks 4,560,000 4,560,000 Addition to Reserved Fund Balance TOTAL CAPITAL IMPROVEMENT FUND EXPENDITURES 4,567,500 - 4,567,500 ENTERPRISE FUND Personnel & Operating Water & Sewer 12,202,861 11,500 12,214,361 carryforward appropriation 230,000 230,000 Capital Outlay Water & Sewer 25,577,710 415,000 25,992,710 carry -forward appropriation 21,430,939 21,430,939 TOTAL ENTERPRISE FUND EXPENDITURES 59,441,510 426,500 59,868,010 TOTAL CITY of MERIDIAN EXPENDITURES 89,315,371 T3,103,`134' 92,418,505 - Expenditure of the monies will be in accordance with the provisions authorized by the amendment of the budget. Publication dates of the notice of the Public Hearing are the 4th and 11th of �eeee'111111"o, September, 2006 in the Valley Times. Dated this 31 st day of August, 2006. f '% William G. Berg, Jr. = City C rko - Q FY 2006 Budget Amendment Public Hearing Notice — Page 2 of 2 Ft��FJ}fili9a19r1'eee ** TX CON*ION REPORT ** AS OF SEP 01 106 13:10 PAGE.01 CITY OF MERIDIAN Please. Vos-t -Yw #ecu--7h-m�s t CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian Will hold a Public Hearing for consideration of an amendment to the 2006 fiscal year budget by appropriating additional monies received by the City of Meridian, said hearing to be held at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at 7:00 p.m. on Tuesday, September 19, 2006. Cm of MERIDIAN FY2006 Proposed Amendment FY20M Fv2nna Fv2nne Approved DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 02 09/01 1327 3810160 EC—S 01'09" 002 129 OK 03 09/01 13:28 PUBLIC WORKS EC—S 00'41" 002 129 OK 04 09/01 1329 8848723 EC—S 00'42" 002 129 OK 05 09/01 13:31 WATER DEPT EC—S 00'42" 002 129 OK 06 09/01 1332 2088840744 EC—S 00'43" 002 129 OK 07 09/01 1333 POLICE DEPT EC—S 00'41" 002 129 OK 08 09/01 1334 LIBRARY EC—S 00'42" 002 129 OK 09 09/01 1336 2083776449 EC—S 00'41" 002 129 OK 10 09/01 1337 3886924 EC—S 00'41" 002 129 OK 11 09/01 13:38 P–AND–Z EC --S 00'41" 002 129 OK 12 09/01 1339 FIRE DEPT EC—S 00'41" 002 129 OK 13 09/01 13:41 208 (388 2682 EC—S 00'43" 002 129 OK 14 09/01 0:42 208 387 6393 EC—S 00'41" 002 129 OK 15 09/01 13:43 ADA CTY DEVELMT EC—S 00'42" 002 129 OK 16 09/01 1344 208 5052 EC—S 00'41" 002 129 OK 17 09/01 1346 POST OFFICE EC—S 01'09" 002 129 OK 18 09/01 1347 IDAHO ATHLETIC C EC—S 00'41" 002 129 OK 19 09/01 13:49 ID PRESS TRIBUNE EC—S 00'42" 002 129 OK 20 09/01 0:50 2088886701 EC—S 00'41" 002 129 OK 21 09/01 1354 8985501 EC --S 00'42" 002 129 OK Please. Vos-t -Yw #ecu--7h-m�s t CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian Will hold a Public Hearing for consideration of an amendment to the 2006 fiscal year budget by appropriating additional monies received by the City of Meridian, said hearing to be held at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at 7:00 p.m. on Tuesday, September 19, 2006. Cm of MERIDIAN FY2006 Proposed Amendment FY20M Fv2nna Fv2nne Approved Amendment TOTAL AMENDED REVENUES Revenues BUDGET GENERALFUND Property Tax revenue 10,25$303 10,258,303 Other Sources Special Services - Community Plamdng 8 5,10308 400,315 5503,923 Development 4,380,793 1.000,000 5,380,793 Park Impact revenues 1,264,400 1,264.400 Fire Truck Fund revenue GENERAL FUND REVENUES 21 007,104 1,400,315 22,407,419 use of Park Impact Fund Balance 2.311,622 1213.585 3,525,207 use of Fire Truck Fund balance 337.600 337,600 use of Special Service Fund Balance 31,000 31,000 use of General Fund balance 1,819.035 82,734 1.681,769 TOTAL GENERAL FUND 26,808,361 Z071LOU 27, 995 CAPITAL IMPROVEMENT FUND Interest Revenue Use of Capital Improvement Fund 107,000 107,000 Balance 4.460.500 4.480.500 TOTAL CAPITAL IMPROVEMENT FUND q57 4,57,500 ENTERPRISE FUND Water AWastewater Revenues 24,032,500 18,500 24,051,000 Use of Enterprise Fund balance 35.409,010 408,000 35,817,010 TOTAL ENTERPRISE FUND 59,441,510 425,500 59 888 010 TOTAL REVENUES 89,315,371 3,103.134 92,418,505 Approved TOTAL AMENDED EXPENDITURES Ex Amendment BUDGET GENERALFUND Perswmel 8 Operating - Admfnistrative Offices 1,439,958 (32.330) 1.406,928 Admin carry-forvmd appropriation 1,319,819 1,319,619 Police Department 7,194,928 43,906 7,238,834 Police carry-bvwd appropriation 8,000 8,000 FY 2006 Budget Amendment PubOc Hearing Notion – Page 1 of 2 0 CITY OF MERIDIAN NOTICE OF PUBLIC HEARING • NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Public Hearing for consideration of an amendment to the 2006 fiscal year budget by appropriating additional monies received by the City of Meridian, said hearing to be held at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at 7:00 p.m. on Tuesday, September 19, 2006. CITY of MERIDIAN FY2006 Proposed Amendment FY2006 FY2nn6 FV2nna Approved REVENUES Revenues Amendment TOTAL AMENDED BUDGET GENERALFUND Property Tax revenue 10,258,303 10,258,303 Other Sources 5,103,608 400,315 5,503,923 Special Services - Community Planning & Development 4,380,793 1,000,000 5,380,793 Park Impact revenues 1,264,400 1,264,400 Fire Truck Fund revenue - GENERAL FUND REVENUES 21,007,104 1,400,315 22,407,419 use of Park Impact Fund Balance 2,311,622 1,213,585 3,525,207 use of Fire Truck Fund balance 337,600 337,600 use of Special Service Fund Balance 31,000 31,000 use of General Fund balance 1,619,035 62,734 1,681,769 TOTAL GENERAL FUND 25,306,361 2,676,634 27,982,995 CAPITAL IMPROVEMENT FUND Interest Revenue 107,000 107,000 Use of Capital Improvement Fund Balance 4,460,500 4,460,500 TOTAL CAPITAL IMPROVEMENT FUND 4,567,500 - 4,567,500 ENTERPRISE FUND Water & Wastewater Revenues 24,032,500 18,500 24,051,000 Use of Enterprise Fund balance 35,409,010 408,000 35,817,010 TOTAL ENTERPRISE FUND 59,441,510 426,500 59,868,010 TOTAL REVENUES 89,315,371 3,103,134 92,418,505 Approved TOTAL AMENDED EXPENDITURES Expenditures Amendment BUDGET GENERALFUND _ Personnel & Operating - Administrative Offices 1,439,256 (32,330) 1,406,926 Admin carry -forward appropriation 1,319,619 1,319,619 Police Department 7,194,928 43,906 7,238,834 Police cant' -forward appropriation 8,000 8,000 FY 2006 Budget Amendment Public Hearing Notice — Page 1 of 2 • 0 Fire Department 4,715,785 244,597 4,960,382 Parks Department Special Services - Community Planning & 1,242,016 51,786 1,293,802 Development Special Service carry -forward 3,347,108 676,711 4,023,819 appropriation 31,000 31,000 TOTAL GENERAL FUND OPERATIONS 19,297,712 984,670 20,282,382 Capital Outlay Administrative Offices 180,866 37,400 218,266 Police Department 403,360 101,190 504,550 Fire Department 526,700 6,500 533,200 Fire carry -forward appropriation 53,500 53,500 Parks Department 1,006,850 1,223,585 2,230,435 Parks carry -forward appropriation Special Services - Community Planning & 2,803,688 2,803,688 Development addition to Spec Svc reserved fund 26,835 60,970 87,805 balance 1,006,850 262,319 1,269,169 addition to unreserved fund balance TOTAL GENERAL FUND CAPITAL OUTLAY 6,008,649 1,691,964 7,700,613 TOTAL GENERAL FUND EXPENDITURES 25,306,361 2,676,634 27,982,995 CAPITAL IMPROVEMENT FUND Personnel & Operating Administrative Offices 7,500 7,500 Capital Outlay Administrative & Parks 4,560,000 41560,000 Addition to Reserved Fund Balance TOTAL CAPITAL IMPROVEMENT FUND EXPENDITURES 4,567,500 - 4,567,500 ENTERPRISE FUND Personnel & Operating Water & Sewer 12,202,861 11,500 12,214,361 carry -forward appropriation 230,000 230,000 Capital Outlay Water & Sewer 25,577,710 415,000 25,992,710 cant' -forward appropriation 21,430,939 21,430,939 TOTAL ENTERPRISE FUND EXPENDITURES 59,441,510 426,500 59,868,010 TOTAL CITY of MERIDIAN EXPENDITURES 69,315,371 3,103,134 92,416,505 Expenditure of the monies will be in accordance with the provisions authorized by the amendment of the budget. Publication dates of the notice of the Public Hearing are the 4th and 11th of September, 2006 in the Valley Times. 0.='`� Dated this 31st day of August, 2006. _ �,`�di William G. Berg, Jr. — City CI" rk _ 7 -7 FY 2006 Budget Amendment Public Hearing Notice — Page 2 of 2 %�� T 14 K • \1e.`` ✓jt''/a�,' + °1110 ' 0 • Page 1 of 1 Sharon Smith From: Sharon Smith Sent: Friday, September 01, 2006 11:05 AM To: Valley Times Cc: Will Berg; Tara Green Subject: Please publish September 4 and 11, 2006 and confirm/ FY 2006 Budget Amd Hearing Attachments: Notice for Amdmt to BudgetFY2006 VT.doc Please publish September 4, and 11, 2006 and Confirm Receipt. Thanks! Sharon. Smith Sr. Deputy City Clerk Meridian City Clerks Office Phone 208.888.4433 9/1/2006 0 CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Public Hearing for consideration of an amendment to the 2006 fiscal year budget by appropriating additional monies received by the City of Meridian, said hearing to be held at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at 7:00 p.m. on Tuesday, September 19, 2006. CITY of MERIDIAN FY2006 Proposed Amendment Fv9nna cv7nnc Approved REVENUES Revenues Amendment V I cvw TOTAL AMENDED BUDGET GENERALFUND Property Tax revenue 10,258,303 10,258,303 Other Sources Special Services - Community Planning & 5,103,608 400,315 5,503,923 Development 4,380,793 1,000,000 5,380,793 Park Impact revenues 1,264,400 1,264,400 Fire Truck Fund revenue - GENERAL FUND REVENUES 21,007,104 1,400,315 22,407,419 use of Park Impact Fund Balance 2,311,622 •1,213,585 3,525,207 use of Fire Truck Fund balance 337,600 337,600 use of Special Service Fund Balance 31,000 31,000 use of General Fund balance 1,619,035 62,734 1,681,769 TOTAL GENERAL FUND 25,306,361 2,676,634 27,982,995 CAPITAL IMPROVEMENT FUND Interest Revenue Use of Capital Improvement Fund 107,000 107,000 Balance 4,460,500 4,460,500 TOTAL CAPITAL IMPROVEMENT FUND 4,567,500 - 4,567,500 ENTERPRISE FUND Water & Wastewater Revenues 24,032,500 18,500 24,051,000 Use of Enterprise Fund balance 35,409,010 408,000 35,817,010 TOTAL ENTERPRISE FUND 59,441,510 426,500 59,868,010 TOTAL REVENUES 89,315,371 3,103,134 92,418,505 Approved TOTAL AMENDED EXPENDITURES Expenditures Amendment BUDGET GENERALFUND Personnel & Operating _ Administrative Offices 1,439,256 (32,330) 1,406,926 Admin carry -forward appropriation 1,319,619 1,319,619 Police Department 7,194,928 43,906 7,238,834 Police carry -forward appropriation 8,000 8,000 Fire Department 4,715,785 244,597 4,960,382 Parks Department Special Services - Community Planning & 1,242,016 51,786 1,293,802 Development Special Service carry -forward 3,347,108 676,711 4,023,819 appropriation 31,000 31,000 TOTAL GENERAL FUND OPERATIONS 19,297,712 964,670 20,282,382 Capital Outlay Administrative Offices 180,866 37,400 218,266 Police Department 403,360 101,190 504,550 Fire Department 526,700 6,500 533,200 Fire carry -forward appropriation 53,500 53,500 Parks Department 1,006,850 1,223,585 2,230,435 Parks carry -forward appropriation Special Services - Community Planning & 2,803,688 2,803,688 Development addition to Spec Svc reserved fund 26,835 60,970 87,805 balance 1,006,850 262,319 1,269,169 addition to unreserved fund balance TOTAL GENERAL FUND CAPITAL OUTLAY 6,008,649 1,691,964 7,700,613 TOTAL GENERAL FUND EXPENDITURES 25,306,361 2,676,634 27,982,995 CAPITAL IMPROVEMENT FUND Personnel & Operating Administrative Offices 7,500 7,500 Capital Outlay Administrative & Parks 4,560,000 4,560,000 Addition to Reserved Fund Balance TOTAL CAPITAL IMPROVEMENT FUND EXPENDITURES 4,567,500 - 4,567,500 ENTERPRISE FUND Personnel & Operating Water & Sewer 12,202,861 11,500 12,214,361 carry -forward appropriation 230,000 230,000 Capital Outlay Water & Sewer 25,577,710 415,000 25,992,710 carry -forward appropriation 21,430,939 21,430,939 TOTAL ENTERPRISE FUND EXPENDITURES 59,441,510 426,500 59,868,010 TOTAL CITY of MERIDIAN EXPENDITURES 89,315,371 3,103,134 1 92,418,505 Expenditure of the monies will be in accordance with the provisions authorized by the amendment of the budget. Publication dates of the notice of the Public Hearing are the 4th and 11 th of September, 2006 in the Valley Times. Dated this 31st day of August, 2006. William G. Berg, Jr. — City Clerk September 15, 2006 MERIDIAN CITY COUNCIL MEETING September 19, 2006 APPLICANT ITEM NO. 1 REQUEST Ordinance — Amendments for 2005 / 2006 Fiscal Year Budget 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 ordinance A-1 OTHER: J 1� OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materksk presented at public meetinss shall become properly of fhe City of Meridian. 0 0 CITY OF MERIDIAN ORDINANCE NO. � 1� BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO AMENDING ORDINANCE NO. 05-1180 THE APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006. APPROPRIATING ADDITIONAL MONIES THAT ARE TO BE RECEIVED BY THE CITY OF MERIDIAN, IDAHO IN THE SUM OF $3,103,134, AND ALLOCATING ADDITIONAL EXPENDITURES AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO: Section 1. That Ordinance No, 05-1180, the appropriation ordinance for the City of Meridian, Idaho, for the fiscal year commencing October 1, 2005 and ending September 30, 2006 be and the same is hereby amended as follows: City of Meridian FY 2006 Proposed Amendment AMENDMENT TO BUDGET ORDINANCE NO. 05-1180 Page 1 of 3 0 0 Approved REVENUES Amendment rIcuuv TOTAL AMENDED Revenues GENERALFUND BUDGET GENERAL FUND _ Personnel & Operating Property Tax revenue 10,258,303 Administrative Offices 10,258,303 Other Sources 5,103,608 400,315 5,503,923 Special Services - Community Planning & Development 4,380,793 1,000,000 5,380,793 Park Impact revenues 1,264,400 Police carryforward appropriation 1,264,400 FireTruck Fund revenue _ Fire Department 4,715,785 GENERAL FUND REVENUES 21,007,104 1,400,315 22,407,419 use of Park Impact Fund Balance 2,311,622 1,213,585 3,525,207 use of FireTruck Fund balance 337,600 Special Service carryforward appropriation 337,600 use of Special Service Fund Balance 31,000 TOTAL GENERAL FUND OPERATIONS 31,000 use of General Fund balance 1,619.035 62,734 TOTAL GENERAL FUND 25,306,361 2,676,634 _1,681,769 27,982,995 CAPITAL IMPROVEMENT FUND Interest Revenue 107,000 107,000 use of Capital Improvement Fund Balance 4,460,500 4,460,500 TOTAL CAPITAL IMPROVEMENT FUND 4,567,500 - 4,567,500 ENTERPRISE FUND Water & Wastewater revenues 24,032,500 18,500 24,051,000 use of Enterprise Fund balance 35409'010 408,000 35,817,010 TOTAL ENTERPRISE FUND 59,441,510 426,500 59,868,010 TOTAL REVENUES 89,315,371 1 3,103,1341 92,418,505 EXPENDITURES Approved Expenditures Amendment TOTAL AMENDED BUDGET GENERALFUND _ Personnel & Operating - Administrative Offices 1,439,256 (32,330) 1,406,926 Admin cant' -forward appropriation 1,319,619 1,319,619 Police Department 7,194,928 43,906 7,238,834 Police carryforward appropriation 8,000 8,000 Fire Department 4,715,785 244,597 4,960,382 Parks Department 1,242,016 51,786 1,293,802 Special Services- Community Planning & Development 3,347,108 676,711 4,023,819 Special Service carryforward appropriation 31,000 31,000 TOTAL GENERAL FUND OPERATIONS 19,297,712 984,6701 20,282,382 AMENDMENT TO BUDGET ORDINANCE NO. 05-1180 Page 2 of 3 • 0 • 0 Capital Outlay Administrative Offices 180,866 37,400 218,266 Police Department 403,360 101,190 504,550 Fire Department 526,700 6,500 533,200 Fire carry -forward appropriation 53,500 53,500 Parks Department 1,006,850 1,223,585 2,230,435 Parks carry -forward appropriation 2,803,688 2,803,688 Special Services - Community Planning & Development 26,835 60,970 87,805 addition to Spec Svc reserved fund balance 1,006,850 262,319 1,269,169 addition to unreserved fund balance TOTAL GENERAL FUND CAPITAL OUTLAY 6,008,649 1,691,964 7,700,613 TOTAL GENERAL FUND EXPENDITURES 25,306,361 2,676,634 27,982,995 CAPITAL IMPROVEMENT FUND Personnel & Operating Administrative Offices 7,500 7,500 Capital outlay Administrative & Parks 4,560,000 4,560,000 Addition to Reserved Fund Balance TOTAL CAPITAL IMPROVEMENT FUND EXPENDITURES 4,567,500 - 4,567,500 ENTERPRISE FUND Personnel & Operating Water & Sewer 12,202,861 11,500 12,214,361 carryforward appropriation 230,000 230,000 Capital Outlay Water & Sewer 25,577,710 415,000 25,992,710 carryforward appropriation 21,430,939 21,430,939 TOTAL ENTERPRISE FUND EXPENDITURES 59,441,510 1 426,500 59,868,010 TOTAL CITY of MERIDIAN EXPENDITURES 89,315,371 1 3,103,134 92,418,505 That the additional sum of $3,103,134 be appropriated out of the revenues from Fund Balance and Other Sources and Fees, to be used for authorized activities. Section 2. This Ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED by the City Council of the City of Meridian, Idaho, this i day of , ep emi-- wr , 2006. APPROVED by the Mayor of the City of Meridian, Idaho, this rye day of 3 D �� fiJ,2h� , 2006. APPROVED: `N0%%%%tsuurrrj44AY R ATTEST: \\\\ \'j (0 `'ll, ®, y 6 w� 'AWA si i CITY CLERK SAL AMENDMENT TO BUDGET ORD w ,�$� Page 3 of 3 lu 0 0 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 06- Q U A PROVIDING FOR AN AMENDMENT TO ORDINANCE NO. 05-1180 An Ordinance of the City of Meridian providing for the adoption of an amendment to the budget and the appropriation of expenditures of $3,103,134 to defray the necessary expenses and liabilities of the City of Meridian, in accordance with the object and purposes and in the certain amounts herein specified for the fiscal year beginning October 1, 2005 and ending on September 30, 2006. A full text of this ordinance is available for inspection at City Clerk's Office, City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective upon the passage and publi�ircam����l�►,,,���f �•� Corrf. I ��\��ey�� d'I Mayor and City Council o the ity o?M an a By: William G. Berg, Jr., City Clerk - First Reading: i-19-0 ,6 Rule as allowed pursuant to Idaho C Second Reading: "fill liM r suspension of the NO STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- 12--4 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. 06-4 Z 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 �6 day of September, 006. ^-� �' •� William. L.M. Nary, City A BUDGET AMENDMENT ORDINANCE SUMMARY FY2006 Page 1 of 1 0 0 September 15, 2006 MI 06-007 MERIDIAN CITY COUNCIL MEETING September 19, 2006 APPLICANT Cherry Lane Christian Church ITEM NO. 12 REQUEST Continued Public Hearing from September 12, 2006 — Request for Modification of the DA for Cherry Lane Christian Church for removal of the CUP Requirement for construction — nwc of Franklin Road and N. Ten Mile Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Affidavit of Posting COMMENTS See Previous Item packet / Minutes See attached Staff Comments See attached Comments Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. n f� September 15, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT JE Development, LLC ITEM NO. 13 REQUEST Public Hearing — Request for Annexation and Zoning of 4.38 acres to an R-8 zone for Bellabrook Subdivision — 300 South Locust Grove Road C1 September 19, 2006 AZ 06-040 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: See attached P&Z Item Packet / Minutes See attached Recommendations See attached Comments MERIDIAN POST OFFICE: OTHER: See attached Affidavit of Posting / letter from Ross Erickson Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 9 • September 15, 2006 MERIDIAN CITY COUNCIL MEETING September 19, 2006 APPLICANT JE Development, LLC ITEM NO. 14 REQUEST Public Hearing — Request for Preliminary Plat approval of 20 residential lots and 4 common lots on 4.38 acres in a proposed R-8 zone for Bellabrook Subdivision — 300 South Locust Grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See attached P&Z Item Packet / Minutes See attached Recommendations See attached Comments MERIDIAN POST OFFICE: OTHER: See attached Letter from Ross Erickson Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. September 15, 2006 MERIDIAN CITY COUNCIL MEETING F J September 19, 2006 AZ 06-029 APPLICANT Reed Kofoed ITEM NO. 15 REQUEST Public Hearing — Request for Annexation and Zoning of 10.39 acres from RUT to R-4 zone for Sliversprings Subdivision — south side of McMillan Road and west of 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: COMMENTS See attached P&Z Item Packet / Minutes See attached Recommendations MERIDIAN POST OFFICE: OTHER: See attached Affidavit of Posting / Letter from Ross Erickson Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meeflngs shall become property of the City of Meridian. 0 September 15, 2006 • MERIDIAN CITY COUNCIL MEETING September 19, 2006 APPLICANT Reed Kofoed ITEM NO. 16 REQUEST Public Hearing -- Request for Preliminary Plat approval of 29 single-family residential lots and 4 common / other lots on 9.88 acres in a proposed R-4 zone for Sihrersprings Subdivision -- south side of McMillan Road & west of Locust Grove AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See attached P&Z Item Packet / Minutes See attached Recommendations MERIDIAN POST OFFICE: OTHER: See attached Letter from Ross Erickson Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. September 15,2W6 MERIDIAN CITY COUNCIL MEETING APPLICANT Maiestic, Inc. 0 AZ 06-036 September 19, 2006 ITEM NO. 17 REQUEST Public Hearing — Request for Annexation and Zoning of 10.94 acres from RUT to R-4 zones for Bitterbrush Point Subdivision — east of Meridian Road and north of Victory Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached P&Z Item Packet / Minutes See attached Recommendations See attached Comments See aftached Affidavit of Posting Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. September 15, 2006 PP 06-039 MERIDIAN CITY COUNCIL MEETING September 19, 2006 APPLICANT Majestic, Inc. ITEM NO. REQUEST Public Hearing — Request for Preliminary Plat approval of 27 single-family residential lots and 4 common lots on 10.94 acres in a proposed R-4 zone for Bitterbrush Point Subdivision — east of Meridian Road and north of Overland road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached P&Z Item Packet / Minutes See attached Recommendations See attached Comments Contacted: Date: Phone: Emailed: Staff Initials: Materials presented of public meetings shall become property of the City of Meridian. September 15, 2006 AZ 06-037 MERIDIAN CITY COUNCIL MEETING September 19, 2006 APPLICANT Ronald Van Auker ITEM NO. 19 REQUEST Public Hearing — Request for Annexation and Zonign of 4.85 acres from R-1 to C -G zones for Cope Subdilvision — east of Meridian Road and north of Overland Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Affidavit of Posting See attached P&Z Item Packet / Minutes See attached Recommendations Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • September 15, 2006 MERIDIAN CITY COUNCIL MEETING • September 19, 2006 APPLICANT Frankin Centre, LLC ITEM NO. 21 REQUEST Public Hearing — Request for Miscellaneous to amend proposed DA AZ 05-065 site specific condition 6.1.5 page 5 to allow temp. construction fence along lot 5, block 3 to limit public access to the Ten Mile Creek waterway for Harks Canyon Creek Subdivision — 1845 Franklin 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: See attached Email from Planning Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. September 15,2W6 AZ 06-024 MERIDIAN CITY COUNCIL MEETING September 19, 2006 APPLICANT Briggs Engineering ITEM NO. 22 REQUEST Ordinance — Request for Annexation and Zoning of 10.17 acres from RUT to an R-2 zone for Napoli Subdivision — east of Eagle Road and south of Zelda Lane 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: 0 Materials presentedat public COMMENTS See attached Ordirvance Date: Phone: 3W-57700 ,,QStaff Initials: 44.0,0';00 bedolne p%02le y of the City of Meridian. • ADA COUNTY RECORDS 1AVID NAVARRO AMOUNT .00 BOISE IDAHO 10/05106 ,FA PM RECORDEDDEPUTY PII - REQUEST OF CIV of Meridian 106158941 6158941 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ -06-024) NAPOLI SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN A PORTION OF LOT 3, BLOCK 1, OF ZALDIEN ZEURA SUBDIVISION LOCATED IN THE NW 1/ OF THE SW 1/ OF SECTION 28, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISH- ING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-2 (LOW DENSITY RESIDENTIAL DISTRICT) AND R-4 (MEDIUM -LOW DENSITY RESIDENTIAL 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: F & C Development, Inc. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) toR-2 (Low Density Residential District) and R-4 (Medium -Low Density Residential 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. ANNEXATION OF AZ -06-024 NAPOLI SUBDIVISION Page 1 of 3 E SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This 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 1 day of ,� epki bm , 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this _1�14_h day of20n6- MAYOR de WEERD ANNEXATION OF AZ -06-024 NAPOLI SUBDIVISION Page 2 of 3 ATTEST: WILLL4,M G. BERG, 51 STATE OF IDAHO, ) : ) ss. County of Ada ) OF B AL = CITY (SLE ,,pp Bio r IS1 0 On this RP" day of SM},cm beer , 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. •0000800 O AAAMIMI.L'J NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: ANNEXATION OF AZ -06-024 NAPOLI SUBDIVISION Page 3 of 3 REVISED � DESCRIPTION FOR ANNEXATION TO CITY OF MERIDIAN PROPOSED NAPOLI SUBDIVISION ZONE R-2 September 6, 2006 A PARCEL OF LAND BEING A PORTION OF LOT 3, BLOCK 1, OF ZALDIEN ZERUA SUBDIVISION LOCATED IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 28, T. 3 N., R. 1 E. ,,a.M.; THENCE S 00037'09" W 660.65 FEET ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SEgTION 28 TO A POINT; THENCE S 89021'56" E 669.79 FEET ALONG THE CENTERLINE OF E. ZALDIEN DRIVE TO A POINT; THENCE S 00034'03"W 70.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING S 00034'03 W 591.11 FEET TO A POINT; THENCE N 89019'33" W 422.55 FEET TO A POINT, THENCE N 00038'04 E 100.02 FEET TO A POINT; THENCE N 45038'04" E 28.28 FEET TO A POINT; THENCE S 89021'56" E 206.00 FEET TO A POINT O"F CURVATURE; THENCE ALONG A CURVE TO THE LEFT 125.66 FEET, SAID CURVE HAVING A RADIUS OF 80.00 FEET, A CENTRAL ANGLE OF 90°00'00", TANGENTS OF 80.00 FEET, AND A CHORD WHICH BEARS N 45°38'04" E 113.14 FEET TO A POINT OF TANGENCY; THENCE N 00038'04" E 390.80 FEET TO A POINT; THENCE S 89021'56" E 115.86 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. SAID PARCEL CONTAINS 2.45 ACRES, MORE OR LESS. WAYNE K. BARBER 60212-RevArmex-R2.doc PLS 8444 &ddimPoWin W � m DvL REVISED DESCRIPTION FOR ANNEXATION TO CITY OF MERIDIAN PROPOSED NAPOLI SUBDIVISION ZONE R-4 September 6, 2006 A PARCEL OF LAND BEING A PORTION OF LOT 3, BLOCK 1, ZALDIEN ZERUA SUBDIVISION LOCATED IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 28, T. 3 N., R. 1 E.; B.M.; THENCE S 00037'09" W 660.65 FEET ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 28 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 89°21'56" E 669.79 FEET ALONG THE CENTERLINE OF E. ZALDIA DRIVE TO A POINT; THENCE LEAVING SAID CENTERLINE, S 00°34'03" W 70.00 FEET TO A POINT; THENCE N 89021'56° W 115.86 FEET TO A POINT; THENCE S 00038'04"W 390.80 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 125.66 FEET, SAID CURVE HAVING A RADIUS OF 80.00 FEET, A CENTRAL ANGLE OF 90°00'00", TANGENTS OF 80.00 FEET, AND A CHORD WHICH BEARS S 45°38'04" W 113.14 FEET TO A POINT OF TANGENCY; THENCE N 89021'56" W 206.00 FEET TO A POINT, THENCE S 45038'04"W 28.28 FEET TO A POINT; THENCE S 00038'04"W 100.02 FEET TO A POINT; THENCE N 89019'33"W 247.84 FEET TO A POINT ON SAID EAST LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4; THENCE.N 00037'09"E 660.65 FEET ALONG SAID EAST LINE TO THE REAL POINT OF BEGINNING -OF THIS DESCRIPTION. SAID PARCEL CONTAINS 7.72 ACRES, MORE OR LESS. WAYNE K. BARBER 60212-RevAnnex-R4. doc PLS 8444 1/4 CORNER 29 28 M OIN I ........ — i I I 2 p I BLOCK 1 'O � I IJ 3 � I 4 o I pI` I M S Iz I 6 I I I I 7 9 EXHIBIT A _ S 89'21'56' E 669.79' E ZALDIA DRIVE — — I 1 I I 2 11 BLOCK 2 I I 3 10 I 4 9 �I Z �I 5 8 a_ V) I 6 7 I BLOCK 2 I� I 9'21'56" E 1115.80'. REVISION : BY: SHEET : 1 OF 1 EXH—R2 \ EM212—Annex.DWG NAPOLI SUBDIVISION R2 ANNEXATION LOCATED IN THE SW 1/4 OF SECTION 28, T.3N., R.1 E., B.M. --T---- DWG DATE DWG N0. SCALE: 09/06/06 TRT 60212 1"= 150' 6 5 _ E ZALDIA LANE — -------- .,—REkL POINT OF BEGINNING BRIGGS ENGINEERING, INC. BRIGGS ENGINEERS PLANNERS SURVEYORS BOO W. OVERLAND ROAD • BOISE, IDAHO 83705 * (206)344-•9700 hese drawings, or any portion thereof, shall not be uaed on any Project or extensions of this Project except by written agreement from Briaas Enaineerinc. Inc. 2 } I 8 MUCK 3 I al I 3 I z C, '- U1 rnR w 3 O L MO g8 7 FBLOC9K � Iz REVISION : BY: SHEET : 1 OF 1 EXH—R2 \ EM212—Annex.DWG NAPOLI SUBDIVISION R2 ANNEXATION LOCATED IN THE SW 1/4 OF SECTION 28, T.3N., R.1 E., B.M. --T---- DWG DATE DWG N0. SCALE: 09/06/06 TRT 60212 1"= 150' 6 5 _ E ZALDIA LANE — -------- .,—REkL POINT OF BEGINNING BRIGGS ENGINEERING, INC. BRIGGS ENGINEERS PLANNERS SURVEYORS BOO W. OVERLAND ROAD • BOISE, IDAHO 83705 * (206)344-•9700 hese drawings, or any portion thereof, shall not be uaed on any Project or extensions of this Project except by written agreement from Briaas Enaineerinc. Inc. I I _ E FRATELLO ST. — I 8 o� N 89'21'56" W 206.00' I I I �I g8 7 FBLOC9K BLO(2C 1 9R ljai8 CORRNNER z N 89'19'33° W 422.55' UNE TABLE NUMBER DIRECTION I DISTANCE I L1 N 45'38'04' E 28,28' CURVE TABLE NUMBER ARC LENGTH RADIUS DELTA ANGLE I TANGENT CHORD 291281 Cl 1 125.66' 1 80.00' 1 90.00'a0' 1 80.00' 1 N45': 32 33 5E=ON CORS LEGEND — — — — — — Boundary Line Section Lines Right of Way Line REVISION : BY: SHEET : 1 OF 1 EXH—R2 \ EM212—Annex.DWG NAPOLI SUBDIVISION R2 ANNEXATION LOCATED IN THE SW 1/4 OF SECTION 28, T.3N., R.1 E., B.M. --T---- DWG DATE DWG N0. SCALE: 09/06/06 TRT 60212 1"= 150' 6 5 _ E ZALDIA LANE — -------- .,—REkL POINT OF BEGINNING BRIGGS ENGINEERING, INC. BRIGGS ENGINEERS PLANNERS SURVEYORS BOO W. OVERLAND ROAD • BOISE, IDAHO 83705 * (206)344-•9700 hese drawings, or any portion thereof, shall not be uaed on any Project or extensions of this Project except by written agreement from Briaas Enaineerinc. Inc. 1/4 CORNER 29 28 m 31 M REAL POINT OF BEGINNING b 0 S 89'21'56' E 669.79' E. ZALDIA DRIVE I I I 1 I 1 22 N 9 21'56" W 115.86 11 BLOCK 1 I BLOCK 2 I 2 BLOCK 3 I 9 W I 3 I I 3 10 vi I I I I � 3 I 4 I al I � R4us I 9� z �M I 1 5 ¢ o � o I FI I 4 I qq 8 z I 6 N 5 I o I IIn I I I I 6 7 I I 5 I I 7 BLOCK 2 I E. FRATELLO ST. I 8 I N 89'21'56' W 206.00' G I I 8 3 I I 01 9 I g o 8 7 BLOCK 3 I BLOCK 1 g I N 8519'33' W 247.84 — - — — — LINE TABLE NUMBER DIRECTION DISTANCE L1 S 45 38'04" W 28.28' I CURVE TABLE NUMBER I ARC LENGTH RADIUS DELTA ANGLE TANGENT CHORD BEARING C C1 125.66' 80.00'1 9(Y00'00" 1 80.00' 1 S 45'38'04' W LEGEND 29 28 SEcnON � — — — — — — Boundary Line EXHIBIT B _ E ZALDW .LANE —FRIC+ATE� — — — — Section Lines 'qEP`4)7 2006 L Right of Way Line Works DePL REVISION NAP 0 LI SUBDIVISION BRIGGS ENGINEERING, INC. R4 ANNEXATION B R I G G S SHEET ` 1 OF 1 LOCATED IN THE SW 1/4 OF SECTION 28, T.3N., R. 1 E., B.M. ENGINEERS PLANNERS SURVEYORS M �� 1800 W. OVERIANp ROAD f BOISE IDAHO 83705 (208)344-9700 e //� DWG DATE: DWG NO. SCALE. 09/06/06 TRT 60212 "= These drawings, or any portion thereof, shall not be used r;m1 o_n no nwr. 1 150' on ony Project or extensions of this Project except by wrfffM ml-enf 4rnm RK. Fnnln"ori t.... 0 0 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 06- IZU6 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in a portion of Lot 3, Block 1, of Zaldien Zeura Subdivision located in the NW 1/ of the SW 1/ of Section 28, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 10.17 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 ;�� 1�,, ­,%ol o` A o = Mayor and City Council ofqbe City§f ridia E AL By: William G. Berg, Jr. City ClerkFirst Reading: /�� '�do fter firs by suspension of the Rule as allowed pursuant to Idaho Cock t NO Second Reading: �`�ia �°`� — HE STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- 1 ZUS 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- lJ / 5' of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of , 2006. William. L.M. N , City Attorney ORDINANCE SUMMARY — AZ -06-024 NAPOLI SUBDIVISION Page 1 of 1 • September 15, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT September 19, 2006 23 REQUEST Executive Session per Idaho State Code 67-2345 (1)(c): AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT. CITY WATER DEPT: CITY SEWER DEPT. CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubBc meetinas shafl. become property of the City of Meridian.