Loading...
2006-12-19 1 ~. .~•- - ~, CITY OF ~-~ ~ ~,~ , Q ~' ~ .~ ~~~~V'C eY1G~1GFl? IDAHO S ~'c cc~~ ~q ~ TRFnsu~. V n~~ 9¢9 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, December 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 _ C~ Charlie Rountree _~ Keith Bird Mayor Tammy de Weerd ~.~,,iwcd ~-t ~' 2 ZP'''"' 2. Pledge of Allegiance: j~.d ~y ,~a ve ~ /L 3. Community Invocation by Pastor Kevin Moyer with Meridian First Baptist Church: ~,~ ~f 4. Adoption of the Agenda: 5. Special Recognition to SFC Daniel J. Salvesen: ~~e f~ /-Z-o 7 6. Consent Agenda: w`~~- A. Approve Minutes of August 14, 2006 City Council Special Joint / Workshop Meeting: ~ i~~jy~°~ B. Approve Minutes of November 6, 2006 City Council Special Joint Workshop Meeting: cl,~ r~ C. Approve Minutes of November 14, 2006 Pre-Council Meeting: G.~~o,,..~ D. Approve Minutes of November 21, 2006 City Council Regular Meeting: q~¢.,~p,,,,¢. Meridian City Council Meeting Agenda -December 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. E. Tabled from December 12, 2006: Contract with Owyhee Construction for Broadwav Avenue Water and Sewer Improvements for $817,576.50: F. Findings of Fact and Conclusions of Law for Approval: AZ 06- 038 Request for Annexation and Zoning of 5.53 acres from RUT to an R-8 zone for Nursery Subdivision by Gary Fors - 570 South Linder Road: C+-~,y,ow~ G. Findings of Fact and Conclusions of Law for Approval: PP 06- 036 Request for Preliminary Plat approval of 25 residential lots and 3 common lots on 5.53 acres in a proposed R-8 zone for Nursery Subdivision by Gary Fors - 570 South Linder Road: ~~-'r''~~ ~-~-- H. Approve Adult Business License Renewal for Paul McLeod / Valley Video at 433 N. Main Street: ~~,.~ov~- I. Approve Pawnbroker's License Renewal for Terry Stewart / Benny's Pawn at 451 N. Main Street: a~~`g,,.~-- J. Approve Pawnbroker's License Renewal for Paul Watson. LRB, Inc. /Meridian Coin Sz Pawn at 1550 N. Main Street: c,~~.~,~o~ K. Approve Beer and Wine License Transfers of Ownership from Dancing Dog, LLC to Dancing Dog Coffee House, LLC for Dancing Dog Coffee House at 10 W. Franklin Road: a~'~-',~`~~..~- L. Second Addendum to Development Agreement: MI 06-004 Request for Modification of the Development Agreement between the City of Meridian and Valley Shepherd Church of the Nazarene to allow a residential subdivision and a church on 32.45 acres for Shepherd Creek Subdivision by Valley Shepherd Church of the Nazarene & Shepherd's Creek, LLC - 2475 South Meridian Road: ~,-~we._ M. Easement Agreement for Pressure Reducing Valve with The Turf Company, LLC: ~.,lj,,.oi,..L N. Public Works Change Order No. 1 for Broadwav Avenue, Meridian to Fifth Street Water and Sewer Improvements with Civil Survey Consultants for $4,000.00: ~~,,,~ O. Public Works Change Order No. 2 for Water and Sewer Improvements in Conjunction with the Locust Grove Grade Separation with Cascade Pipeline Corporation for $2,620.00: ~!->,.•p~_ Meridian City Council Meeting Agenda -December 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. r ~ P. Resolution No. _ D,6 "' ~~!~ :VAC 06-015 Request for a Vacation of a portion of the public utilities, drainage and irrigation easement adjacent to the common lot line of Lots 3 & 4, Block 1 of Silverleaf Subdivision No. 1 by Corey Barton / Dyver Development - 3128 & 3150 West Lost Rapids Drive: ~~'~ ~- Q. SHP 06-008: Request for Short Plat Approval of Schwenkfelder Tire Short Plat consisting of one commercial building lot on 1.903 acres in a C-G zone by JR and Bonnie Schwenkfelder, LLC: ~~j-m~vw R. Approve Contract for Training and Installation of Electronic Tracking System with ETS: ~,,,,,,,w S. Approve Agreement for Professional Services with Indigo Networks for Wireless Network Infrastructure Maintenance, Operational Support and Repair: ~.~.,~,,~ T. Memorandum Agreement on Overpayment of Overtime with I.A.F.F. Local #2311: a,/J,~,,new~- U. Approve Contract for /'Wastewater Filtration Engineering Report with CH2M HILL for $48,454: ~~~-,,,..~v~- V. Approve Contract for the Survey Training Support Services with JUB Engineers, Inc. for $5,858: o,~''~`mw~- W. Resolution No. Adoption of Records Retention Schedule (Table to January 23~ , 2007): i~~/~,ec ~ ~~23-a7 X. Water Main Easement for Sakana Sushi by Sundance Investments: ~ now 7. Department Reports: A. Mayor's Office: 1. Budget Amendment for Mayor's Anti-Drug Coalition for "Tuned Out" program commissioned by New Heritage Theatre Company: ~~r,~~~.-~ 8. Items Moved from Consent Agenda: h~r-e- 9. Tabled from December 12, 2006: FP 06-050 Request for Final Plat approval for 26 single-family residential building lots & 3 common lots on Meridian City Council Meeting Agenda -December 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. • • 9.44 acres in R-2 and R-4 zones for Napoli Subdivision by F & C Development - 4280 South Eagle Road: ~-,.~,,.~ 10. Public Hearing: MFP 06-005 Request for Final Plat Modification to modify the approved fencing along the north boundary for Reserve Subdivision by David McKinnon - 5955 North Locust Grove Road: a7~v~- 11. Public Hearing: VAC 06-014 Request for a Vacation of the 20 foot wide utility and irrigation easement located on the west half of Lot 13 of Crestwood Subdivision No. 1 by Brighton Development, Inc. - 4055 East Leigh Field Drive: r~,r~~ 12. Ordinance No. ~~ - j 2 BZ AZ 06-042 Request for Annexation and Zoning of 20.18 acres from RUT to an R-8 zone for Cottswold Village Subdivision by Cherie A. Dalton Living Trust - 2180 East Amity Road: wrp-r~~vK- 13. Ordinance No. ~ 6 - /2 ~3 Amendments to Dog Licensing Ordinance to Include Updating Procedures, New Fees, and Fee Increases: ~~p~- 14. City Council President /Address: rvrQft~d- 15. Appointment of City Council M tuber for Seat # 1 for City Council Confirmation: ~~j'a,-ov~e.arid- ?~cv~ha. 16. Executive Session per Idaho State Code 67-2345(1)(a) - (to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective office): # ~' Meridian City Council Meeting Agenda -December 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. fleQSe 1~~v Pubt~c,N~hcc -~nrs- CITY OF eYll~IG~77 ~ in~o ,y y y ~c " ~~ ~ CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, December 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. Special Recognition to SFC Daniel J. Salvesen: 6. Consent Agenda: A. Approve Minutes of August 14, 2006 City Council Special Joint / Workshop Meeting: B. Approve Minutes of November 6, 2006 City Council Special Joint Workshop Meeting: C. Approve Minutes of November 14, 2006 Pre-Council Meeting: D. Approve Minutes of November 21, 2006 City Council Regular Meeting: Meridian City Council Meeting Agenda -December 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. • • E. Tabled from December 12, 2006: Contract with Owyhee Construction for Broadway Avenue Water and Sewer Improvements for $817,576.50: F. Findings of Fact and Conclusions of Law for Approval: AZ 06- 038 Request for Annexation and Zoning of 5.53 acres from RUT to an R-8 zone for Nursery Subdivision by Gary Fors - 570 South Linder Road: G. Findings of Fact and Conclusions of Law for Approval: PP 06- 036 Request for Preliminary Plat approval of 25 residential lots and 3 common lots on 5.53 acres in a proposed R-8 zone for Nursery Subdivision by Gary Fors - 570 South Linder Road: H. Approve Adult Business License Renewal for Paul McLeod / Valley Video at 433 N. Main Street: I. Approve Pawnbroker's License Renewal for Terry Stewart / Benny's Pawn at 451 N. Main Street: J. Approve Pawnbroker's License Renewal for Paul Watson LRB. Inc. /Meridian Coin 8< Pawn at 1550 N. Main Street: K. Approve Beer and Wine License Transfers of Ownership from Dancing Dog, LLC to Dancing Dog Coffee House, LLC for Dancing Doa Coffee House at 10 W. Franklin Road: L. Second Addendum to Development Agreement: MI 06-004 Request for Modification of the Development Agreement between the City of Meridian and Valley Shepherd Church of the Nazarene to allow a residential subdivision and a church on 32.45 acres for Shepherd Creek Subdivision by Valley Shepherd Church of the Nazarene & Shepherd's Creek, LLC - 2475 South Meridian Road: M. Easement Agreement for Pressure Reducing Valve with The Turf Company, LLC: N. Public Works Change Order No. 1 for Broadway Avenue. Meridian to Fifth Street Water and Sewer Improvements with Civil Survey Consultants for $4,000.00: O. Public Works Change Order No. 2 for Water and Sewer Improvements in Conjunction with the Locust Grove Grade Separation with Cascade Pipeline Corporation for $2,620.00: Meridian City Council Meeting Agenda -December 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. • • P. Resolution No. :VAC 06-015 Request for a Vacation of a portion of the public utilities, drainage and irrigation easement adjacent to the common lot line of Lots 3 & 4, Block 1 of Silverleaf Subdivision No. 1 by Corey Barton / Dyver Development - 3128 & 3150 West Lost Rapids Drive: Q. SHP 06-008: Request for Short Plat Approval of Schwenkfelder Tire Short Plat consisting of one commercial building lot on 1.903 acres in a C-G zone by JR and Bonnie Schwenkfelder, LLC: R. Approve Contract for Trainina and Installation of Electronic Tracking System with ETS: S. Approve Agreement for Professional Services with Indigo Networks for Wireless Network Infrastructure Maintenance, Operational Support and Repair: T. Memorandum Agreement on _Overpayment of Overtime with I.A.F.F. Local #2311: U. Approve Contract for Wastewater Filtration Engineering Report with CH2M HILL for $48,454: V. Approve Contract for the Survey Trainina Support Services with JUB Engineers, Inc. for $5,858: W. Resolution No. Adoption of Records Retention Schedule (Table to January 23r , 2007): X. Water Main Easement for Sakana Sushi by Sundance Investments: 7. Department Reports: A. Mayor's Office: 1. Budget Amendment for Mayor's Anti-Drug Coalition for "Tuned Out" program commissioned by New Heritage Theatre Company: 8. Items Moved from Consent Agenda: 9. Tabled from December 12, 2006: FP 06-050 Request for Final Plat approval for 26 single-family residential building lots & 3 common lots on Meridian City Council Meeting Agenda -December 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. t w 9.44 acres in R-2 and R-4 zones for Naaoli Subdivision by F & C Development - 4280 South Eagle Road: 10. Public Hearing: MFP 06-005 Request for Final Plat Modification to modify the approved fencing along the north boundary for Reserve Subdivision by David McKinnon - 5955 North Locust Grove Road: 11. Public Hearing: VAC 06-014 Request for a Vacation of the 20 foot wide utility and irrigation easement located on the west half of Lot 13 of Crestwood Subdivision No. 1 by Brighton Development, Inc. - 4055 East Leigh Field Drive: 12. Ordinance No. AZ 06-042 Request for Annexation and Zoning of 20.18 acres from RUT to an R-8 zone for Cottswold Village Subdivision by Cherie A. Dalton Living Trust - 2180 East Amity Road: 13. Ordinance No. Amendments to Doa Licensing Ordinance to Include Updating Procedures, New Fees, and Fee Increases: 14. City Council President /Address: 15. Appointment of City Council Member for Seat # 1 for City Council Confirmation: 16. Executive Session per Idaho State Code 67-2345(1)(a) - (to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective office): Meridian City Council Meeting Agenda -December 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. ~ • December 15, 2006 MERIDIAN CITY COUNCIL MEETING December 19, 2006 APPLICANT ITEM NO. S REQUEST Special Recognition to SFC Daniel J. Salvesen AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See affached 1^~ k~ ~,o'I X~" Contacted: Date: Phone: Emailed: Staff Initials: Materfala preaeMed at public meetings shall become properly of the Cffy of Meridian. * • ~~ji`~ My Hero of the Fear By SFC Daniel Salvesen I have decided to submit an award that I feel is totally deserved and justified. I did not ask for any of the good will that my wife has sent to the 1-183D AVN Task Force deployed in Afghanistan, my wife took it upon herself to make sure we all were taken care of, not just me, my wife is just like that she is a very giving person. She did this with the Help of the Veterans and Staff at the VA Hospital where my wife works. When I first started this deployment my wife asked me what we had available to do, I told her we had a small BX (Base Exchange) with just the basic necessities, and we had an MWR (Morale Welfare Recreation) with a pool table, ping pong tables, and a variety of old movies, and tons of books. My wife works at the Veterans Hospital in Boise, and she was in the Active Army for 4 years, plus her Dad was in the Military for 30 years so she knows what its like to be in the Military. She started asking around at the VA to see what they could do for the deployed soldiers in Afghanistan, she was swamped by the response she got from the Vets and the Staff because they all wanted to help us out. The VA donated several hundred Model cars, helicopters, wood and leather craft kits, books, games and paints. My wife was so over whelmed and excited to send them here for everybody. But she had one minor problem and that was the money to pay for the shipping. Sandy went to the Military and asked them if they could send the many boxes to us at Afghanistan, they said no we can't send them because it is not military equipment and because of funding. Sandy then had to take them home and she stored them in the garage, there were so many boxes that she couldn't even park her car in the garage. When I called her she was just about in tears and very upset because she was so excited to send them to everyone and now she couldn't. I asked her to call the FRG (Family Readiness Group) and see if they have any money to help send the boxes, but they didn't have that kind of money so I asked her to try and get donations. My 2 children were very excited to send the boxes also and wanted to do all they could to get them over to the deployed soldiers so they went door to door asking for donations but only got enough to send a couple of boxes. Sandy finally figured it all out she went to the Post office in Meridian and got several hundred flat rate boxes and her and the kids packed the flat rate boxes with all the hundreds of donations, and figured it would take about $1500.00 to send them. Sandy got the help of several people from the VA and other outside entities and they set up a donation can and week by week she had enough donated to send all, the boxes. Sandy has spent countless hours packing, organizing and sending boxes and I commend her. Once we started receiving the items people seemed happy to get something to break the monotony of our everyday routine. After a while soldiers would come up to me and ask when we were going to get some more of the Models, and craft kits in, because they enjoy them. Once I saw the look on people faces I knew Sandy had reached out again and touched the heart of some one and made them happy. Sandy is a very caring and giving person and when she sets out to accomplish something she usually finds a way to accomplish it. I am very proud of her and want to say she is my hero of the year. SFC Daniel J. Salvesen HHC, 1-183D AVN Task Force Talon Salerno, Afghanistan Meridian City Council Meeting December 19.2006 A meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, December 19, 2006, by President Shaun Wardle. Members Present: Shaun Wardle, Keith Bird, Joe Borton, and Charlie Rountree Members Absent: Mayor Tammy de Weerd Others Present: Bill Nary, Will Berg, Caleb Hood, Len Grady, Ron Anderson, Gene Trakel, and Dean Willis Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd (arrived late) Wardle: If I could have your attention. We are going to open up our Tuesday, December 19th, meeting of the Meridian City Council. I will begin with roll call attendance. Mr. Clerk. Item 2: Pledge of Allegiance: Wardle: Thank you. Item No. 2 is the pledge of allegiance. If you will all join Mr. Borton in the pledge. Bird: I thought we had a Boy Scout here. Wardle: Mr. McKinnon, would you, please, lead us? (Pledge of allegiance recited.) Item 3: Community Invocation by Pastor Kevin Moyer with Meridian First Baptist Church: Wardle: Thank you, Mr. McKinnon. Item 3 is the community invocation by Pastor Tim Moyer with the Meridian First Baptist Church. Pastor. Moyer: And I just thought -- I know this is the last of the business meetings before the year is over and the next one will be in the new year; correct? But a special time to remember our men and women that are serving to give us this great time of year that we are enjoying this season, so your thoughts be with them as we pray. Father, we are so grateful that we can have this time of business to conduct for our city. At this time of year, Father, we are ever reminded of the privileges that we enjoy because of so many Meridian Ciry Council December 19, 2006 Page 2 of 28 that are around the world serving in the name of freedom. We think of the families that do not have their sons or their husbands or perhaps wives or daughters home with them this season, because they are serving somewhere around the globe. We ask a special watch care and safety upon them and that they would know our thoughts and prayers are with them during this time. And, then, Father, we are thankful for the great peace and safety that we enjoy here in Meridian. We are a blessed city. And, Father, there are so many different cities and townships that do not enjoy the blessings that you have afforded us and we are thankful, again, to you for this. So, we ask now your blessings upon our time tonight. Again, wisdom and direction for our leadership and we are thankful that we know that you have been providing such wonderful things for this city as we anticipate going into the new year, that, again, direction and wisdom would be for us tonight in Jesus' name we pray, amen. Item 4: Adoption of the Agenda: Wardle: Thank you, Pastor. Item 4 is adoption of the agenda. Bird: Mr. President? Wardle: Mr. Bird. Bird: On the agenda on our Consent, item number W has been asked -- resolution has been asked to be tabled to January 23rd, 2007, which we will do at the Consent Agenda passing. And Item No. 12, ordinance number is 06-1282. And ordinance number 06- 1283 is Item No. 13 ordinance number. And also on the Executive Session, Counsel has asked that we also include Item (1)(f) in our Executive Session. With that I move we approve the revised agenda. Rountree: Second. De Weerd: It's been moved and seconded to approve the revised agenda. All in favor? MOTION CARRIED: ALL AYES. Wardle: Item 5 we will move to the Mayor's report under Item No. 7. She should be here shortly. Item 6: Consent Agenda: A. Approve Minutes of August 14, 2006 City Council Special Joint / Workshop Meeting: B. Approve Minutes of November 6, 2006 City Council Special Joint Workshop Meeting: C. Approve Minutes of November 14, 2006 Pre-Council Meeting: ~ i Meridian City Council December 19, 2006 Page 3 of 28 D. Approve Minutes of November 21, 2006 City Council Regular Meeting: E. Tabled from December 12, 2006: Contract with Owyhee Construction for Broadwav Avenue Water and Sewer Improvements for $817,576.50: F. Findings of Fact and Conclusions of Law for Approval: AZ 06- 038 Request for Annexation and Zoning of 5.53 acres from RUT to an R-8 zone for Nursery Subdivision by Gary Fors - 570 South Linder Road: G. Findings of Fact and Conclusions of Law for Approval: PP 06- 036 Request for Preliminary Plat approval of 25 residential lots and 3 common lots on 5.53 acres in a proposed R-8 zone for Nursery Subdivision by Gary Fors - 570 South Linder Road: H. Approve Adult Business License Renewal for Paul McLeod / Valley Video at 433 N. Main Street: I. Approve Pawnbroker's License Renewal for Terry Stewart / Benny's Pawn at 451 N. Main Street: J. Approve Pawnbroker's License Renewal for Paul Watson. LRB. Inc. /Meridian Coin & Pawn at 1550 N. Main Street: K. Approve Beer and Wine License Transfers of Ownership from Dancing Dog, LLC to Dancing Dog Coffee House, LLC for Dancing Dog Coffee House at 10 W. Franklin Road: L. Second Addendum to Development Agreement: MI 06-004 Request for Modification of the Development Agreement between the City of Meridian and Valley Shepherd Church of the Nazarene to allow a residential subdivision and a church on 32.45 acres for Shepherd Creek Subdivision by Valley Shepherd Church of the Nazarene & Shepherd's Creek, LLC - 2475 South Meridian Road: M. Easement Agreement for Pressure Reducing Valve with The Turf Company, LLC: N. Public Works Change Order No. 1 for Broadwav Avenue. Meridian to Fifth Street Water and Sewer Improvements with Civil Survey Consultants for $4,000.00: • Meridian City Council December 19, 2006 Page 4 of 28 O. Public Works Change Order No. 2 for Water and Sewer Improvements in Conjunction with the Locust Grove Grade Separation with Cascade Pipeline Corporation for $2,620.00: P. Resolution No. 06-542 VAC 06-015 Request for a Vacation of a portion of the public utilities, drainage and irrigation easement adjacent to the common lot line of Lots 3 & 4, Block 1 of Silverleaf Subdivision No. 1 by Corey Barton / Dyver Development - 3128 & 3150 West Lost Rapids Drive: Q. SHP 06-008: Request for Short Plat Approval of Schwenkfelder Tire Short Plat consisting of one commercial building lot on 1.903 acres in a C-G zone by JR and Bonnie Schwenkfelder, LLC: R. Approve Contract for Training and Installation of Electronic Tracking System with ETS: S. Approve Agreement for Professional Services with Indigo Networks for Wireless Network Infrastructure Maintenance, Operational Support and Repair: T. Memorandum Agreement on Overpayment of Overtime with I.A.F.F. Local #2311: U. Approve Contract for Wastewater Filtration Engineering Report with CH2M HILL for $48,454: V. Approve Contract for the Survey Training Support Services with JUB Engineers, Inc. for $5,858: X. Water Main Easement for Sakana Sushi by Sundance Investments: Wardle: That brings us to Item 6, the Consent Agenda. Bird: Mr. President? Wardle: Mr. Bird. Bird: On the Consent Agenda, as I stated earlier, item W has been -- a resolution for the adoption of the records retention schedule has been asked to be tabled to January 23rd, 2007. We do have I see now Resolution 06 -- Item P is a resolution 06-542 and with that I move we pass the revised Consent Agenda and the Mayor to sign and the Clerk to attest. Rountree: Mr. President? Meridian City Council December 19, 2006 Page 5 of 28 ~~ Wardle: Mr. Rountree. Rountree: On Item N you have before you a letter from the Public Works director in order to move forward with that particular contract there needs to be a line item budget adjustment of a half a million dollars within the Public Works budget between the water -- wastewater budget and the special project sewer extension and with the approval of the Consent Agenda I would ask you that you consider that request. Wardle: We've had a second to the motion with the addendum. Bird: The maker agrees. Wardle: A procedural question. That would be to approve that a line item adjustment be brought forward for consideration for that to be approved at this point. Rountree: The line item adjustment that you have before you in the memo be approved at this point. Wardle: Okay. Council, I would consider that part of the motion and note the memo from Public Works dated the 19th. With that, Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 5: Special Recognition to SFC Daniel J. Salvesen: Wardle: Madam Mayor, we moved Item 5 to your report, so -- De Weerd: Okay. Thank you. Council, Item No. 5 will be done after the beginning of the year as a January 2nd item and we look forward to that special recognition at that time. De Weerd: Okay. Item 6 is the Consent Agenda. Rountree: We just did it. Bird: We've already done that, Mayor. De Weerd: Oh, you just did it. You skipped five. Wardle: Yes. Item 7: Department Reports: • Meridian City Council December 19, 2006 Page 6 of 28 A. Mayor's Office: 1. Budget Amendment for Mayor's Anti-Drug Coalition for "Tuned Out" program commissioned by New Heritage Theatre Company: De Weerd: Oh. Okay. Okay. Item 7 under Department Reports. Council, you should have a budget amendment form in your packet of information about the Tuned Out program. This is the program that we commissioned the writing of a script for the new Heritage Theater to write a program specific to four different substances and they have completed the script. They have incurred some expenses. We received a grant through the Governor's office that will cover this particular invoice and so at this point, because we are not totally fund raised for the entire production, I'm just coming to get a budget amendment for this particular amount of $4,999.99, that's just five thousand dollars minus a penny, to pay some of the expenses to get this theater company paid for some of their expenditures and time that they have already spent in this production and I will be bringing back to you probably in the month of February for the full amount to bring this to full production, as well as an agreement that Mr. Nary has already been working on. So, what I need from you tonight is any questions or if you don't have any approval of the amendment to the budget, so we can get this paperwork moving. Rountree: Madam Mayor, I just have a question when we would expect to see the final product. De Weerd: The final product will be commissioned with New Heritage Theater and in all of the high schools in the Meridian School District in the month of March. This will be a program that is part of the March Against Meth, which is going to be a month long series of events and this will be one of our prime activities, as well Channel 7 actually kicking this off with -- through the Mayor's anti-drug coalition and we will be bringing Milton Creagh to town on -- March 21st is the finale, then. This is going to be one of those events that builds up to the Milton Creagh presentation. That was probably more information than you asked for. Rountree: Yes. It was more than adequate. Thank you. De Weerd: Thank you. Never wanted you to think you were short-changed on that answer. Okay. Any other questions? If not, can I, please, have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I would move that we approve budget amendment request for the Mayor's office as outlined in our packet. Rountree: Second. Meridian City Council December 19, 2006 Page 7 of 28 De Weerd: Okay. I have a motion and a second to approve the budget amendment in front of you. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 8: Items Moved from Consent Agenda: De Weerd: Thank you. There were no items moved from the Consent Agenda. Item 9: Tabled from December 12, 2006: FP 06-050 Request for Final Plat approval for 26 single-family residential building lots & 3 common lots on 9.44 acres in R-2 and R-4 zones for Napoli Subdivision by F & C Development - 4280 South Eagle Road: De Weerd: So, we will move to Item 9. I see from the staff report that the applicant has responded via letter that there were concerns with staff recommendation. Caleb, do you have anything to add? Hood: No. De Weerd: Okay. Thank you. Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I would move that we approve Item 9, FP 06-050. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 9. Is there any discussion? Hearing none, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 10: Public Hearing: MFP 06-005 Request for Final Plat Modification to modify the approved fencing along the north boundary for Reserve Subdivision by David McKinnon - 5955 North Locust Grove Road: Meridian City Council December 19, 2006 Page 8 of 28 De Weerd: Item 10 I understand was noticed as a Public Hearing and I believe it doesn't necessarily need to be, but I will open the Public Hearing and ask for a staff comment. Hood: Thank you, Madam Mayor, Members of the Council. The Item No. 10 on your agenda is in reference to the Reserve Subdivision and specifically a fencing requirement that was placed on that subdivision at the time it was approved. There was an existing six foot chain link near the north property boundary of the Reserve Subdivision, which is located on Locust Grove just south of Chinden Boulevard would be here. There is an existing six foot chain link fence that is somewhere near six feet off of that northern property boundary between Reserve Subdivision and the alternative high school just to its north. After some discussions -- and I'll let the applicant tell the whole story, but after some discussions with the school district, they had worked out that that six foot -- or found out that that six foot chain link fence was off the property line. The applicant now would like to modify that condition of approval, I believe it's condition number three of the final plat, so it doesn't say open vision chain link fence and be able to construct a six foot solid fence along that property line. We did bring this to our agency comments meeting that we hold on a regular basis with the police, fire, building, public works departments and the Bob Stowe -- Bob Stowe did mention from the Meridian Police Department that he did have concerns with a solid fence along that property line. They do on a regular basis like to be able to see through those -- the financing from the street through -- for visibility purposes, just so they can make sure if they get any calls they can do drive bys, essentially, and it -- eyes on the property certainly helps the feel there, too. The Unified Development Code is silent on this issue. There is nothing in city code that says that it needs to be solid or open vision. However, there is a UDC provision that does state for all common open spaces, which this isn't a common open space in a subdivision, but that's the closest thing to liken it to. We do restrict that to four foot solid or a six foot open vision fence just kind of as a reference. It's not the same, but we do have that in city code. Primarily -- oh, I should mention, too -- and I see Wendell is in the audience tonight, but we did receive a letter from Wendell dated November 7th, 2006. The school district is in support of the applicant's request to have a solid fence along that north property boundary for reasons noted in his letter, pretty much nuisance related or reasons -- I'll let him speak on that or Dave, maybe, or whoever, but staff is recommending denial of the applicant's request, because of the expressions from the police department saying they have some safety concerns if this is approved. With that I will stand for any questions you may have. De Weerd: Thank you, Caleb. Council, do you have any questions? Bird: I have none, Mayor. De Weerd: Okay. Is the applicant here? McKinnon: Thank you, Madam Mayor, Members of the Council. Dave McKinnon, 735 South Crosstimber. It's kind of an awkward position to be in to have the school district and the police department on opposite ends of an argument. We didn't want to put Meridian City Council December 19, 2006 Page 9 of 28 ourselves in this position, but we had an awkward moment when we found out that the school district fence was placed six feet off their property line. I went ahead and provided aslide -- a color photo. Craig's going to put it up real quick so you can get a pretty good look at what's actually happening out there. I got a phone call from Jake Centers, the developer of this site, and he said we are about to put our fence up and our fence -- if we put it up we will end up with a six foot no man's land. This is the property line right here. The school district's fence is about six feet in the wrong spot. So, if we put up a fence on our property line, we'd end up with a six foot no man's land. So, I went ahead and called Wendell up and said, Wendell, we have got a situation here where your fence is in the wrong spot. We have got six feet of property that you're not using, how do you want to resolve this? And Wendell said, boy, I didn't realize we had that problem. Would you call our architect and make sure he's aware of it. I called the architect and the architect said, you know what, Dave, when we first put that fence in there there used to be a ditch there. Now the ditch isn't there and, you know, we'd really like to have that land back. So, I called Jake back and said, Jake, here is the situation, they'd really like to move that fence back and he said let's meet Wendell on site. So, we met with Wendell on site, Wendell goes, yeah, you know what, if you guys put up a fence we will go ahead and take our fence down, but we want to make sure your fence goes up before our fence comes down, because we want to make sure that the kids are fenced in. So, go ahead and put up your fence and, by the way, what kind of fence are you putting up and we said, well, the conditions of approval said we got to put up a chain link or a solid -- or I mean open vision fence and Wendell said, boy, we'd sure like it if you could put up a solid fence, as long as it's not a wood fence, you know, on the western property boundary of this site we have got a vinyl fence, we really like that. Chain link fences aren't as good as what a solid fence provides for a school site and we think the solid fence would be better. So, Jake said, you know what, I'd rather have a solid fence, too. Could we take this to the Council and see what -- see what the Council thinks? There is a couple of really good reasons for asking for a solid fence adjacent to a school site. As Craig pointed out, it is very different than a common lot. You have children and people out here on the weekends and during the day that is much higher use than you would typically see within a subdivision. People that aren't part of the subdivision there and you have a lot higher activity level with school sports and with school activities and weekend activities and weekend sports, evening sports. Essentially, what happens when you have an open vision backyard you end up with two front yards, because you really don't have a private space, because your space is shared with everybody that backs up to you. As far as a school site, it provides an opportunity for nuisances to take place and you have dogs in the backyards and the kids are attracted to the dogs and dogs and children sometimes don't mix very well and you have the opportunity for teasing of the dogs and for children to be nipped or bit through the chain link fence. Also, the animals have a tendency to have an easier time getting underneath the chain fence. Also, balls and frisbees go into a backyard, a chain link fence is almost an open invitation to a child to go ahead and climb the fence and retrieve that, rather than to go and knock on the door. Part of the reason is that they can't see what's on the other side if there is a solid fence, rather than a chain link fence. So, Wendell is here tonight, he wrote a letter in support. He can tell you some of the other reasons why he would prefer to have a solid fence here, but from the development Meridian City Council December 19, 2006 Page 10 of 28 side we believe that a private back yard would be better for this development, they are large backyards and it would be nice to have a private space. I'd ask Wendell to come up and share some comments with you about the reasons why he'd like to see a solid fence. But we would like to see that condition changed for the reasons I just listed and ask if you have any questions of me and I can turn some time over to Wendell. De Weerd: Council, do you have any questions for the applicant? Bird: I have none. De Weerd: Okay. McKinnon: Thank you. Bigham: Thank you, Madam Mayor, Council. Can we go -- De Weerd: If you will, please, state your name and address for the record. Bigham: Of course. Wendell Bigham, 911 Meridian Road, Meridian, Idaho. De Weerd: Thank you. Bigham: Here representing Joint School District No. 2. Certainly I am appreciative of the comments by the police department. However, I'm not sure that the line of sight is necessarily the issue that we are trying to perceive it to be. The school that is sitting there today -- that's sitting right here, is an academy, it's an alternative academy high school site and it has a low student population and a very limited play area in this area right here. However, long term about here is where the driveway comes in. It will come across and down -- I'm sorry, this is our school site, not there. The school is sitting right here. This is the city's pumphouse. The road will come in here and probably terminate right about here. This area will be a future Locust Grove elementary school site. So, from a line of site observation into the parking area at the elementary school that's situated in here, a play area back in here, security will be able to see through the playground. This will be a common walking area connecting up to the two subdivisions. So, then, we come back to the -- our position on fencing. Our preferred fencing, simply because it is cost effective and safe, is six foot high chain link. We do prefer a solid fence. The decorative wrought iron fences, the nuisance problems with animals, the dog gets out of the house, it goes through the fence and the Chihuahua's loose on the playground. It's just an ongoing problem for us. And, then, ease by which the children can jump the fence and get into the backyards of the houses. That problem won't manifest itself initially, because of the alternative high school here, but long term with an elementary school here and this being a major walkway, if you will, we are going to see that kind of behavior in that area. So, we have worked diligently with any subdivisions to use a solid vinyl fence product that's six foot high. The underlying concern I would have is if the new trend that we are wanting to look at is solid or open fencing all the way around the perimeter of a high school -- or a school. Paramount High School that's i ~ Meridian City Council December 19, 2006 Page 11 of 28 under construction, it has solid fencing around the perimeter of it with our chain link fence on the inside. Heritage Middle School is a similar situation. So, I'm more concerned that we are changing our way of thinking. I'm not turning a deaf ear to the safety concerns; I'm simply trying to say that we believe the safety and the drive by provisions will be provided when that future elementary school site comes on. So, with that I would stand for any questions. De Weerd: Council, any questions? Okay. Is -- who is over there? Hi, Gene. Lieutenant, do you have any questions or any comments while we have the representative from the school district here? Trakel: Well, this was brought to my attention just prior to the meeting. I did not have a briefing with Lieutenant Stowe. I can only go from my experience that with open fencing, it's -- the safety issue, along with the fact that being able to see the building, because, obviously, schools a lot of the times are targets for vandalism and theft in the nighttime and the more open and visual it is to where officers driving by from different streets can spot light the school or look through and see the area to see if anybody is out there, the more opportunity that that won't happen and I imagine that's what Lieutenant Stowe was referring to. De Weerd: Well, they didn't say anything different than you said they would. Bigham: Madam Mayor, a point of clarification. If the officers are concerned about visual into the school, of course, you do the drive by on Locust Grove. The school is sitting right about where the pointer is. From Locust Grove you can see this way back -- I think the next slide would show that -- from the future road into the parking lot here you can see totally across the frontage of the site. You can go to the rear of the existing parking lot and you can survey the triangular playground area, but, more importantly, in the future when that road comes back to the parking area in here, you will be able to, basically, observe four sides of the academy high school. Driving through the subdivision I'm not sure how you would ever get any decent visual line through the houses. So, I understand the police department's concern, I'm just wondering how applicable it is, because this is the area we are talking of fencing is right here. De Weerd: Okay. Hood: Madam Mayor? Bigham: Yeah. This is the area. We had a 50-50 chance when we guessed on that property line that we were wrong. De Weerd: Six feet. Hood: Madam Mayor? De Weerd: Yes, Caleb. Meridian City Council December 19, 2006 Page 12 of 28 Hood: Members of the Council. I may be able to shed some light. As I mentioned earlier, we do have a regular bi-monthly meeting with the departments and other agencies and this comment is not only for the police department to see back there, because they are not patrolling schools, you know, on a 15 minute basis, but it's really for the folks that are going to live there to be able to police themselves and so they can see through their back fence and make sure there is no -- see the activity going on just on the other side of their property line if there is a six foot tall fence there, there may be some kids right on the other side and you can't even see them. So, it's really also for those future residents, again, to kind of police themselves, so they can see through their own fence and it's kind of a community policing system, if you will, and that's -- I picked that up just from -- from being in these meetings with Lieutenant Stowe that that's another idea is to have it open so everyone can see in there and, then, you don't create these pockets where people can hide. So, for whatever that's worth. De Weerd: Any further comments? Bigham: Madam Mayor, Council, I would just like to, again, restate that we don't believe it's the public's job to police school district property and, more importantly, this would be somewhat of a paradigm shift compared to all the schools that we currently have built and are under construction, that in many many instances have six foot high solid fence between the private property and the school district's property. So, again, if we go down this road -- and I'm not saying that we should or shouldn't go down this road, it would probably have to be made clear to the property owners that this is something at the city's request, not the school district's request, because we don't want to be in the position of asking the public to police our property and this same safety concern exists throughout the district and is currently under construction in many places in the district. With that, again, I'd stand for questions. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Lieutenant Trakel, I got a question. On those houses, you know, you want to look back and I don't disagree with it, but the houses have solid -- normally solid fences on their sides and stuff, so you don't get to see -- from the street you don't see back into the yard anyway. Trakel: In most instances I would agree with you, Councilman Bird. There are breaks in houses that don't have the fences and the side deals of some of the driveways, which does give you the opportunity to go back there. Also, if you do have a situation and you're entering in somebody's backyard, you got an open view of that whole field from a chain link fence, rather than trying to peer over a solid fence, which, unfortunately, have been in that situation numerous times. The comment that was made that they can police the area I don't believe is much for policing the school's properly as taking care of their own, because if it's fenced off it cannot be seen, it does attract, because it's an Meridian City Council December 19, 2006 Page 13 of 28 C~ open field and nobody lives there at night, there to do whatever activities they plan on that comment was directed towards. so it's an invitation for people to hide back doing. So, I believe that was kind of what De Weerd: And it is the extra set of eyes or the perception of the extra set of eyes. Those fields are dark and there is a lot that goes on there at night and I think that's the experience not only in our school yards, but our parks as well, and that is the ordinance we have that surround our parks, so we are used to talking to neighbors about that. But, usually, the fence is there before the neighbor is and when they move in they have a chain link fence and it's a visual view and it is a safety issue, so -- and I think in some of the cases where you have a solid fence is where those subdivisions went in before it was a school site. Bigham: Madam Mayor, I believe that incorrect before the schools were built. I'm just wondering if, then -- am I interpreting that the way you're going that on our future subdivision approval letters that contain a school site in them, are you, then, asking that we go away from our six foot solid fence to being in support -- our district's six foot high chain link fence and go away from that and move towards a six foot -- or an open fence -- when you say open, are you talking wrought iron or are you talking chain link? De Weerd: Chain link. Bigham: Chain link. Okay. I was under the impression it was decorative wrought iron. The school district has no problems with the chain link fence. The developer may have an esthetic problem with the chain link fence. So, I have no problems at all with a chain link. The esthetics, if we go away from that, then, a lot of times the developers want the vinyl, so, again, then, I would say the school district is very happy with a chain link fence. The unhappiness may lie with the developer. De Weerd: Well, I think it's more the visibility through the fence, you know, and that's what our ordinances on pathways, so yours is a chain link fence, they may want a wrought iron, if it needs to be a see through and you don't feel comfortable with a wrought iron, is that what I understand? Bigham: Madam Mayor, I'm comfortable with just an open wrought iron or vinyl fence. We would still, then, like to reserve the right to move our chain link fence up within six inches of our property line and be right up against their open fence -- their decorative open fence, if you will, because it's that solid barrier of the chain link fence that serves us in terms of the safety of kids playing on the playground, when they are running backwards, if they hit a four foot fence they actually flip over and can sustain fairly substantial injuries, so you always see where we have any type of running activity we try to have a six foot high fence, so that they just slam up against it, I guess. But we are comfortable moving our fence and we have agreed to totally eliminate our fence if there is solid fence in there. If it goes to something else, then, we would simply move our fence six feet up against the developer's fence of his choice. • Meridian City Council December 19, 2006 Page 14 of 28 De Weerd: Okay. Any questions? Mr. Rountree. Rountree: Madam Mayor, I don't have any questions, but I think we need some clarification and I don't know what the plat says and what the conditions of approval were, but if it's open fence we are talking open fence, we are talking chain link, we are talking solid. All have different meanings. An open fence by definition and I think in our ordinance is chain link, wrought iron, open vinyl slats and that sort of thing. So, I'm getting to my question for David is what was the developer proposing to do? I suspect not chain link. McKinnon: Madam Mayor, Councilman Rountree, the actual thought was a powder coated chain link fence. Black. And it tends to disappear, but in meeting with Wendell on site and their preference was for a solid fence, you know, we'd like to do a solid fence if that's an option. There was expressed -- Wendell expressed it tonight, just like he did out in the field, that they have less problems if there is a solid fence and Wendell pointed out correctly that if you were to drive down through Reserve Subdivision there would be -- and Councilman Bird pointed it out -- that there is a six foot tall fence between the side yards, you really can't see into the school site. The only way you can see into the school site is through the backyards and as you pointed out, Mayor de Weerd, it's dark in that field and those people aren't looking beyond their own yard into a dark field. It will still be dark even at night, even with on open vision fence, unless it's lit. You're still dealing with a dark area. So, we would prefer a solid vision fence -- a solid fence, rather than an open vision fence. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: David, now what did your plat approval say? Open? McKinnon: The plat approval was an open vision fence per your code. That includes chain link, wrought iron, and vinyl. Bird: That's what I thought I heard you say. And you planned on putting a powder coated chain link fence up? McKinnon: And, then, we met with Wendell and he said we'd sure like a solid and we said if that's an option let's go back and talk to the Council. Bird: The school district wanted the solid. McKinnon: Uh-huh. And we said, hey, if that's an opportunity for us, we would like the solid as well. So, we took the opportunity to come to you and say we'd like a solid fence. That's what the school district wants, that's what we would prefer. If both Meridian City Council December 19, 2006 Page 15 of 28 property owners want the same thing, it seems like that's one thing you should do is allow the property owners of the property to put up a fence that they both like. Bird: The scenario, though -- excuse me, Madam Mayor. Most times if you're going to have kids raking and running it's going to come from the school to the backyard, not from the backyard to the deal. So, I understand where our officers are coming from. They want to be able to see into that backyard, because kids can hop and be -- and hide themselves within there if you have got an open deal and -- I don't know. I -- the more Iget -- the more I hear I'm for keeping it open myself. And I think a chain link powder coated fence would look very very nice. De Weerd: Well, Dave, this is a Public Hearing, so I have to ask. Is there any members of the public who would like to testify on this application? Okay. Do you have any final comments, Dave? McKinnon: Well, it is the last meeting before Christmas and New Year's, so happy New fear, Merry Christmas. You know, we would prefer a solid fence. We have a solid fence on the western property boundary, the R-2 subdivision is all solid vinyl fence and we could match that up and do something that would be nice. As Wendell pointed out, there is going to be circulation around the entire school area. The police department will have adequate viewing into this site by going through the traffic circulation areas. It's not blocked off for emergency vehicles, it would be a traffic circulation pattern. We'd like to avoid the conflict in the future and there is conflict that happens and Wendell has pointed that out to you. So, we would really ask that you consider tonight allowing us to do a solid fence in this location. De Weerd: Caleb, in the past we have found different type of fencing that had some visual opportunities that -- kind of as a mix with the -- isn't that out at Bridgetower? Don't they have something out at Bridgetower that's similar? It still has vision opportunities in it? Hood: Madam Mayor, I believe we are talking about at Bridgetower. There is a three- quarter inch gap in between their slats and that was a solid fence. With the UDC that was adopted last September we further defined what an open vision fence is. That was not an open vision fence just because their slats were further apart. Now open vision is defined as chain link or wrought iron see through. So, not just -- like chain link with slats would not be open vision, although it's chain link. It's neither a solid, nor an open vision fence, but it's a screening type fence. So, that fence we -- was problematic, because they were saying this is open vision, because, usually, you have an eighth of an inch in between your slats and we have got three-quarters, so it's really open vision, so, again, now open is wrought iron or chain link. Those are the only real two that I'm aware of for fencing options that comply with that open vision standard. De Weerd: Okay. Meridian City Council December 19, 2006 Page 16 of 28 McKinnon: Madam Mayor, Members of the Council, we are asking for a modification, so we are not asking for one or the other. There isn't an option -- a third option that you brought up. I remember that fence pretty well. In fact, I was here the night we presented that -- I think there was, actually, a picture of me in the minutes from that meeting standing behind it and you can see me. So, there are other options that are out there. We'd like to have the opportunity to have at least a private backyard in these locations and if there is a third option we definitely would be happy to look into that. De Weerd: Council, anything further? Bird: I have none, Mayor. De Weerd: Okay. Thank you. McKinnon: Thank you. De Weerd: Okay. There is no further public testimony. Council? Bird: Move we close Public Hearing MFP 06-005. Rountree: Second. De Weerd: Okay. Motion and a second to close the Public Hearing on Item 10. All those in favor say aye. That was all in unison. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I guess for discussion on the application, with regards to the specific facts in this particular presentation that you have got adjacent property owners both seeking to provide a fence product which I think esthetically is much better than the chain link, that there is cones of vision for public safety provided around the school site and what it sounds like from the district's testimony is will continually develop that line of vision to be available around the entire school site. I don't have any objection to permitting the six foot solid fence along the northern boundary apparently to be consistent with the type of fencing which has been adjacent to the western boundary without incident as far as what I have been provided. I have had -- for what it's worth, I've had experiences to and including my own children who have been nipped by dogs ~ through a chain link fence at a school site, along with their friends and it is -- I can see it being an attractive nuisance. It's not a comment on whether or not there is a -- at least from my perspective any need for some city wide change at this point with regard to the type of fencing around school sites and subdivisions. I'm not going that far by any stretch. But • Meridian City Council December 19, 2006 Page 17 of 28 with regards to this particular request I don't have any problem approving this -- this final plat modification to that solid fencing. Rountree: Is that a motion? Borton: If there is no other discussion, that is a motion. I would move we approve Item No. 10, MFP 06-005. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 10. Any discussion? Okay. Mr. Berg, will you, please, call roll. Roll-Call: Bird, nay; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. Item 11: Public Hearing: VAC 06-014 Request for a Vacation of the 20 foot wide utility and irrigation easement located on the west half of Lot 13 of Crestwood Subdivision No. 1 by Brighton Development, Inc. - 4055 East Leigh Field Drive: De Weerd: Thank you. Item 11 is a Public Hearing on VAC 06-014. I will open this Public Hearing with staff comments. Hood: Thank you, Madam Mayor, Members of the Council. Item No. 11 is a vacation application fora 20 foot wide utility and irrigation easement on the south side of what was once platted as Crestwood Subdivision No. 1. As you can see from the zoning map it's just off of Locust Grove Road. This is Quenzer Commons, the Quenzer Commons development. This is going to be phase ten of Quenzer Commons. They are resubdividing a lot in the aforementioned Crestwood Subdivision No. 1. There is a utility easement that runs along the south side of that Crestwood Subdivision and they are vacating that -- proposing to vacate that easement, so they can construct their infrastructure underground and they have -- the applicant has submitted the relinquishments from all applicable utilities. No one had any concerns. Staff is recommending approval. We also had a letter from the applicant stating that they are in full agreement with this report and I did speak with Jay Walker from Brighton Corporation last week, he was -- he wasn't sure -- he was out of town and he wasn't sure if he was going to be able to make it back, but I do have that letter from him saying that he's fully in agreement with the staff report, which, again, we are recommending approval of. So, with that I will stand for any questions you may have. De Weerd: Thanks, Caleb. Any questions, Council? Rountree: I have none. ® • Meridian City Council December 19, 2006 Page 18 of 28 Bird: I have none. De Weerd: Okay. Is the applicant here? I have to ask. Okay. It is a Public Hearing. Anyone want to provide testimony on this application? I know, Frank, you really want to, don't you? Okay. Wardle: Madam Mayor? De Weerd: Yes. Wardle: Seeing no further public testimony, I would move that we close the Public Hearing on Item 11. Bird: Second. De Weerd: I have a motion and a second to close the Public Hearing on Item 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I would move that we approve Item 11, VAC 06-014. Bird: Second. De Weerd: I have a motion and a second to approve Item 11. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 12: Ordinance No. 06-1282 AZ 06-042 Request for Annexation and Zoning of 20.18 acres from RUT to an R-8 zone for Cottswold Villaue Subdivision by Cherie A. Dalton Living Trust - 2180 East Amity Road: Item 13: Ordinance No. 06-1283 Amendments to Dog Licensing Ordinance to Include Updating Procedures, New Fees, and Fee Increases: De Weerd: Thank you. Items 12 and 13 are ordinances 06-1282 and 06-1283. Mr. Berg, will you, please, read these two ordinances by title only. Meridian City Council December 19, 2006 Page 19 of 28 LJ Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 06-1282, an ordinance for annexation of property being a portion of the west 1/2 of the southeast 1/4 of the southwest 1/4 of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as required by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to I-L and C-G in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance 06-1283. An ordinance amending Title 6, Chapter 2, in the Meridian City Code regarding definitions and City of Meridian dog licenses, providing for a waiver of the reading of the rules and providing an effective date. De Weerd: Thank you, Mr. Berg. You have heard the reading of these two ordinances by title only. Is there anyone who would like to hear it read in its entirety? Thank you. Okay. Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item 12, Ordinance No. 06-1282 and Item 13, Ordinance No. 06-1283 with suspension of rules. Rountree: Second. Bird: Second. De Weerd: Okay. I have a motion and a bunch of seconds to approve Items 12 and 13. If there is no discussion, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 14: City Council President /Address: De Weerd: Okay. Item 14. I will turn this over to Mr. Wardle. Wardle: Thank you, Madam Mayor. For the record, my new business firm proposed a contract for the Meridian Development Corporation and was awarded the administrative contract on the 13th. Part of that proposal was the resignation of my position on this • • Meridian City Council December 19, 2006 Page 20 of 28 City Council. And so with that I have a prepared statement addressed to the Mayor and the City Council. I would like to thank you for your service to the community of Meridian. It has been my esteemed pleasure for the past three years to be a part of this important effort. We have accomplished many important things in the short period of time and built upon the tradition which makes ours a premier city. I know that the future of Meridian is in responsible hands through your stewardship. A personal expression of gratitude is in order for all those individuals who provided vision and direction for this community while I was a child growing up here. It is they who have fostered my sense of duty to serve. My thoughts of achievement are to the children of Meridian. It is their future which fuels my ongoing commitment to make this a better place. May they have as excellent a place to learn, grow, and prosper as was mine to enjoy. My true sense of respect and appreciation is to the staff of the City of Meridian. They are not only good at their jobs, but really have a drive to accomplish the goals of this organization. I say without hesitation that they are the finest group of people I have ever worked with and hope to have provided some measure of leadership in their important roles. I would foremost like to thank the citizens who elected me to the City Council. They believed as I did in the importance of bringing good business and a strong economy to our community. They voted for visionary goals, while embracing fiscal conservation. The community asked for a safe place to live and the security which provides the opportunity to raise their families. Mostly they gave the young of their own community the chance to serve his hometown and contribute to the greater good. I feel the tenure on the City Council has been productive and that I earned our citizens' respect. It is with reflection that I make this announcement, for I truly believe in my campaign goals and work diligently to make them a reality. However, the opportunities which present themselves for my future offer greater responsibilities to help me make this community the premier place to live, work, and raise a family. My future affords the chance to provide not only vision, but some true professional effort on behalf of our community. Please accept my formal resignation for Seat No. 1 of the Meridian City Council effective the 20th of December, 2006. And I will enter this into the record with the clerk. But I come bearing gifts, so hold on just a minute. Rountree: Fiesta Bowl stuff. Wardle: What's that? Rountree: Fiesta Bowl stuff. Bird: Fiesta Bowl gear. De Weerd: Is this the Bronco -- Wardle: It is not Fiesta Bowl stuff. First off, I would like to present to the City Council -- each of the City Council members a gift bag and included in that gift bag is a device which has a flashlight, a compass, and a tool kit, so that all the members of the public will know and you can reflect from time to time that -- that I know that you all have two • Meridian Ciry Council December 19, 2006 Page 21 of 28 hands to find things and now you have a compass and a flashlight to help. So, let there be no question that you will -- Bird: We need it. Wardle: -- have the ability to -- Bird: Thank you, Shaun, very much. Rountree: Thank you. Wardle: For the city attorney, who I have had the pleasure of serving with as a Council member, provided also Mr. Nary a level for you to help keep this organization on its course and it's great for hanging pictures in the new City Hall. Nary: Thank you. Wardle: For the Mayor I have an indoor-outdoor thermometer and clock, so that you can always at a glance know the temperature and climate of our community. De Weerd: Thank you. Wardle: For Mr. Berg, our City Clerk, I provide to you a tape measure -- now this is for two reasons. One, in designing the new City Hall I want you to make sure that the seats are far enough apart that they provide some wiggle room and, in addition, it's great for hanging pictures, too, in the new City Hall. And my parting gift -- my parting gift is a laser pointer that hopefully the public will be able to use with one button. So, I'm going to put this on the podium as I leave and, Mr. Berg, if you need batteries call me. Bird: Madam Mayor? De Weerd: Okay. Council, it's your opportunity. Bird: I'm going to have the privilege of being the oldest -- not only in time, but in age also, so I had already got a nice statement about Shaun in the paper. Shaun, I have been -- it's been a pleasure to serve with you. You have brought a lot to this Council and I appreciate it. You have worked very hard for the citizens and I know that you were going to step to the plate a lot more with this new job and I am very happy -- I hate to lose you on the Council, because you have been very good, but I am happy to have you working for us on the MDC board. Thank you very much. Wardle: Thank you. Rountree: Madam Mayor, I guess we can go down the line. I, too, hate to see you leave. You have done an excellent job. I appreciate your comments about you growing up in the community. That strikes home. I can remember you as a little bespeckled Meridian City Council December 19, 2006 Page 22 of 28 baseball player and with my sons and they, as well as you, have made me very proud to the efforts that we all have made in our community. So, I wish you well. I know you're going to do a great job for us in economic development. I know your heart is there. I know your passion is there. And I'm really and truly looking forward to seeing the great things that you and your firm will do for the city, as well as MDC. And thank you, Shaun, for your time. Wardle: Thank you. Rountree: And keep the health clubs going as well. Wardle: I will. De Weerd: Well, Joe, do you want to go before I do? Borton: Sure. Absolutely. I, for one, couldn't be more pleased to have you leave. It's about damn time. You know, I echo the comments of Councilmen Bird and Rountree. I'm impressed. For me you bring, have brought, always will continue to bring a type of passion and glass is half full enthusiasm, which needs to be present more in local government and communities than it is. You do a fantastic job with that. The analogy that I have used in other context is the success in getting that brass ring that people reach for and go around the merry-go-round and some think about it and some just ride it around and never try. I don't think you get the thing around once before you're out reaching for it. You always grab for that, every opportunity to make Meridian succeed. And I think you role with MDC is just another opportunity where you have reached out, you captured it, and you're going to do everything you can to keep the glass half full for the City of Meridian. So, I appreciate it. Don't ever lose the enthusiasm and passion that you have expressed, that Councilman Rountree feels clearly seeing you grow up and have that for years to come, so we appreciate you and you're not far away, so appreciate everything you have done and will continue to do. Nary: Madam Mayor, maybe before you have the last comment could I say something? De Weerd: No. Yes. Nary: Thank you. Thank you, Madam Mayor. Councilmember Wardle, I have the unique privilege of having both an opponent and a colleague and a staff member with you and I have appreciated all those different roles and the class that you have brought to the seat and to this Council and your perspective and energy and I think that's been an asset to this city and will continue to be an asset to this city. As I told you today on phone, you will notice a change fairly rapidly when you're no longer sitting in these chairs. As I told you when I returned your call today, I probably wouldn't call you back as soon any longer and Mr. Berg will no longer be getting your water for you. But as a former Councilmember Anderson and myself can attest, not sitting in these chairs still is rewarding, there is many good things that can be done and I certainly anticipate great things with your new role. So, good luck. Meridian City Council December 19, 2006 Page 23 of 28 Wardle: Thank you. • De Weerd: I can say, because you are filling my seat, that I -- I don't want to sound as old as Charlie or Keith -- Rountree: Oh, go ahead. De Weerd: But I will say that Ihave -- Bird: You are as old. De Weerd: -- I am not. I'm young enough to be your daughter. Bird: That's right. De Weerd: I am very impressed; Shaun, in how you took that seat and you always come prepared to the meetings and I have seen a lot of growth. You took over that seat and filled in very rapidly, but you have really grown and blossomed and that's very much appreciated. Ihave been honored to work with you in your role as Council President and I feel that I am seeing a different Shaun than I once thought I knew and that is very rewarding and an experience that I have appreciated. And, certainly, with that we take away a lot of fond memories of comments you have said and said probably the blunders I have said. I think it was about your U of I days. But, certainly, very memorable was the bet you lost to Councilman Borton and we have that on film and public record. So, we will -- so, we appreciate your service. You have served our community with great dignity and we appreciate all your efforts. Wardle: Thank you. De Weerd: Good luck and look forward to continuing to work with you. Item 15: Appointment of City Council Member for Seat # 1 for City Council Confirmation: De Weerd: Okay. Council, with all of that said, Item 14 is my appointment to fill those shoes and I can say with great confidence that the appointment I have in front of you tonight is the only one I know that can fill those shoes and probably not miss a beat. It will be a different face -- quite different. You know, although I will say you were a young person you said. You have grown older. Rountree: Matured. De Weerd: Matured. Nary: Just by sitting in that chair. Meridian City Council December 19, 2006 Page 24 of 28 De Weerd: I know. Just by dealing with us. I know that. I think it was staff, though, really. Staff aged you. But I bring in front of you -- each of you received the letter that Commissioner David Zaremba had indicating his interest in this seat, as well as his attached resume. My appointment that I bring to you is without any doubt that this is the best person to fill the seat. He brings a commitment to this community that has been very long term and he will be a great asset to the background that you all possess and will compliment the Council that is currently seated up here. So, my recommendation and my appointment is for David Zaremba and I would like to gain your approval tonight. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If we don't have any discussion, I would make a motion to accept the appointment of David Zaremba to Seat No. 1 for the City Council, to take effect December 21st, 2006 -- or 22nd. I'm sorry. And will be sworn in on January 2nd, 2007. Rountree: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Okay. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: You know, Shaun, it was my seat and now it's your seat that he will be filling, so you think you can do it? Wardle: Madam Mayor, if I may make a -- just a quick comment. I'm pleased to see David be appointed to this seat. He was my opponent in the campaign and ran a worthy campaign and we have a number of issues that we agree on and I really look forward to his service to the city and I look forward to working with him directly. A great choice and it's great for the city, so welcome. De Weerd: Well, Mr. Zaremba, I decided I wouldn't ask your permission until the vote was made, so would you like to say a few words? You will find that I always like to have the last word, though. Zaremba: I will happily give you that. Madam Mayor, thank you. Mr. President, Members of the Council. I assume that I will have a swearing in ceremony and at that time I will probably have the opportunity to say a few words about myself and my goal and -- but I would like to echo the thought that I think I will fit in well with the Council, because I have the same sentiments about Mr. Wardle that they have expressed. We did run for the same office. I have never stated as -- that we were opponents. I felt we Meridian City Council December 19, 2006 Page 25 of 28 ran for the same office, that we ran a cordial race and at a very high level. I have been very pleased and supportive of what Councilman Wardle has been doing in the meantime. I would be saddened by his departure, except for the knowledge that he is continuing in his service to Meridian and the one disappointment I have in this is that I found out yesterday I'm going to have to have a-mail. De Weerd: It was a please request. It wasn't a have to. Zaremba: Oh. Okay. But other than that I would comment that along with working closely with the rest of the Council Members and the Mayor, I also look forward to continuing to work closely with Shaun and anytime you care to call me and tell me that I have done something stupid on the Council, I will be happy to listen. So, thank you very much for the appointment and I'll see you at the swearing in. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Just a few words. Dave, welcome. I know you're going to have fun. Having been in your shoes for a number of years in Planning and Zoning, it is an interesting change to where you go from a listener and a recommender to actually put in this position of decision making and it's a good change. But there is a lot of thought, a lot of tough decisions to make. We spend a lot of time looking at one another and banter back and forth to reach decisions and I believe that with your experience and what I know of you you will fit right in and I welcome your bride, too, to this I guess you might say somewhat august group. So, anyway, welcome. De Weerd: Are those like Council widows or -- Rountree: Yeah. They are. De Weerd: Forewarned. But, yes, we welcome both of you and, David, look forward to having you on our team and you will be sworn in on the January 2nd meeting, so come prepared and, boy, I sure hope you have a better camera than that. Isn't that your cell phone? Okay. I will have Jan bring the camera. Okay. Rountree: Shelly will be here. Item 16: Executive Session per Idaho State Code 67-2345(1)(a) - (to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective office): De Weerd: Okay. Well, I'm glad Shelly will. Okay. Council, Item 16 is an Executive Session. I would appreciate a motion. Meridian City Council December 19, 2006 Page 26 of 28 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we go into Executive Session as per Idaho State Code 67-2345(1)(a), (1)(~• Rountree: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Council, would like to invite Councilmember appointed, elect, or whatever he's called -- Mr. Zaremba. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: De Weerd: Okay, do I have a motion to come out of Executive Session? Rountree: So moved. Bird: Second. De Weerd: All those in favor. ALL AYES. MOTION CARRIED. Wardle: Madame Mayor. De Weerd: Mr. Wardle. Wardle: Given the recent action taken by Ada County in their ordinance pertaining to EMS services, I would suggest that the legal staff look at any and all legal remedies to protect the city's ability to provide and additionally to secure services for our citizens to keep them safe, to keep their interests in mind an addition to the Fire Chief to look at the current levels of emergency services being provided to our citizens current advanced life support, transport issues and consider in addition to that finding out whether those are sufficient for our services and if not then ways that the city may be able to secure those (inaudible) through additional providers or other options. I believe that covers the jest of my intention here unless there are additional comments by the Council. De Weerd: Council any other comments? • Meridian City Council December 19, 2006 Page 27 of 28 Bird: I agree 100 percent. Borton: Absolutely, I appreciate you sharing that. De Weerd: Okay, I am sure Mr. Nary wrote all of that down. Nary: I am sure it is on tape. Wardle: My final comment to that, Madame Mayor to that effect is that one of the most concerning things for this Councilmember as well as for the community is that the ability for the citizens to understand and to digest the current ordinance and the effect that that may have on the public safety seems to be very, very hurried and (inaudible) and the fact that this current ordinance will take place or take effect potentially, January 2nd, is an extreme concern to me. So, I would ask staff to look at all remedies within that timeframe. Bird: I would agree. De Weerd: Certainly our utmost priority is service to the citizens and to evaluate what affect this has on our ability to serve the citizens of Meridian and has to be paramount and certainly those of the Fire District that we have a joint agreement with. So - Bird: Mayor I agree wholeheartedly with that. I couldn't put it any better. We have got our citizens and they have to be the number one thought. De Weerd: Okay, well thank you Council and have a Merry Christmas and a Happy New Year. We will see you on the 2nd and I would entertain a motion to adjourn. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 10:28 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) Meridian City Council December 19, 2006 Page 28 of 28 APPROVED: ~,1~,07 MA OR TA DE WEERD \\\\~`"'"""'"1j1~,, DATE APPROVED ~~ 6u~TED . ~~ ~ ~ ~, WILLIAM G. BERG JR., CITY CLERK ~~ ddb, ~ ~ ~a 0 . ~~~~ ,'S/,®Alll/llll YB9BId1\\A~`4~~ • • December 15, 2006 MERIDIAN CITY COUNCIL MEETING December 19, 2006 APPLICANT ITEM NO. 6-A REQUEST Approve Minutes of August 14, 2006 City Council Special Joint /Workshop Minutes 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. December 15, 2006 MERIDIAN CITY COUNCIL MEETING December 19, 2006 APPLICANT ITEM NO. 6-B REQUEST Approve Minutes of November 6, 2006 City Council Special Joint Workshop Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Mertdlan. COMMENTS • December 15, 2006 MERIDIAN CITY COUNCIL MEETING December 19, 2006 APPLICANT ITEM NO. 6-C REQUEST Approve Minutes of November 14, 2006 Pre-Council Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cfly of Mertdtan. ~ • December 15, 2006 MERIDIAN CITY COUNCIL MEETING December 19, 2006 APPLICANT ITEM NO. Es-D REQUEST Approve Minutes of November 21, 2006 City Council Regular Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the Ctty of Meridian. e ~~c~i~ber 15, X006 1~sERI~iiAP~i ~ -iTY t~t~Uiwit.~'iL MEf=Yi-~O ~?~c~:~~rt~j~~ 19; :'t~~, iHPi'LiCrHPVT iTEivi f'vc~. ~a~ °~C,~U~ST lo~ied fro,„ Geoer„~er ~~, 6 -- Contr~aof vJifh C~~yhee Cony#rucfion for Broadway Avenue Wafer and ~evver Irnpravemenfs for ~ 1 i ,5lb.~t7 AGEM1ICY C iT°I` C LEAK: C;ifY tNC~iPVtt~: CITY ~i~Pdidii~iQ Gi~ECTQr~: C:I i Y A~QRNI_Y C4T`p FQLiCE ui=i~i: CITY t=int UENT: Ciiv i3iaiiDii~iQ Geri: CITY WAtC~ UEt'I: CITY SeWEt2 GEi~T: CITY PAF~KS UEh'!: iviei~iGiA`r~ 3Ci-ivv~ u't3~ KiCT: AUA CC~UiviY blC:~i-IWAY t~I51KIC:l: ;;Ai~~iTA~`z' Set~viCi= Cvivir=~AivY CEi`!T:?Ai_ UiST!?iC:i i-aEALT~i: i~~iAiviet~n~er~iuiAi~ it~€~it.~~+TivP~: iu,Ai-iG ~c.~iivEK: ~iS V+~i=s i~3TEs~i~nQi3PdTAii~d SAS: i~+f"iL~is~iinP9 ~v.~iT v~i-i~E. l`~,.tJn 1 aL l CU: Fm~ise~- COMMEPlTS ~~e ~r~vi~v~ ii~m l~~~i$~~ j Minafe~ ~a t C: rl 1C~I 1C: ~. ::l1: .: 1:..~:~: is~~t~~-~€~t~ g,~~~~+~~i~ai ~i4 g~csRaiiv tric~~ias~c,~~ st-x~19r~~~t>r~z~ po~g*~iq sm~ tii~ amity ~i r~~~c~i~~a. December 15, 2~6 AZ 06-038 MERIDIAN CITY COUNCIL MEETING December 19, 2006 APPLICANT Gary Fors ITEM NO. 6-F REQUEST Findings -Request for Annexation and Zoning of 5.53 acres from RUT to R-8 zone for Nursery Subdivision - 570 South Linder 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 HIGWWAY 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 AtFached Findings ~~ Date: ~P Phone: ~ ~ (p - ~` j 3 7 -~ ~ ~, Sta Initials: J~ - _^~ Materials presented at public meetings shall become propery of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~~-,~ ~ ~ znos ~~.. ~~ty ~f• ~e~dia~ ~~ity~(~,lerk Of$ce . - ~, X y '~ ~~~ lL~.'11-1~ ~~ ~~ °~~~~~~~ ~x~9 In the Matter of Annexation and Zoning of 5.59 acres from RUT to R-8 AND Preliminary Plat approval for 25 residential building lots and 4 common lots for Nursery Subdivision, by Garry Fors. Case No(s). AZ-06-038 and PP-06-036 For the City Council Hearing Date of: December 5, 2006 (Findings on the December 19, 2006 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 5, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 5, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 5, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 5, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-038 and PP-06-036 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of December 5, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated November 22, 2006 is hereby conditionally approved; 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of December 5, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-038 and PP-06-036 Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of December 5, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-038 and PP-06-036 n U By action of the City Council at its regular meeting held on the 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD 1 f ~~ day of VOTED_~ VOTED_~ VOTED__~~~~ VOTED__~~~!~-' VOTED '~^ MA~:~ ~ °j~9g_ WEERD ATTEST: a ~~~ - _ ~~~, WILLIAM G. BERG, JR., C CLE® P ~~.~ , `; °~ ,~ a ~ Copy served upon: ~ Applicant """ "'' ~/ Planning Department Public Works Deparhnent City Attorney By: - Dated: (a '~ g - Q1.9 rty Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-038 and PP-06-036 CITY OF MERIDIAN PL?SEPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 5, 2006 STAFF REPORT Hearing Date: 12/5/2006 TO: Mayor and City Council FROM: Justin Lucas Associate City Planner Meridian Planning Department 884-5533 SUBJECT: Nursery Subdivision • AZ-06-038 .a ~ y , ya , ~ ~~ u~.~e-icy ~,: Annexation and Zoning of 5.59 acres from RUT (Ada County) to R-8 (Medium Density Residential) • PP-06-036 Preliminary Plat of 25 single-family building lots and 4 common lots on 5.59 acres in a proposed R-8 zone 1. SiJNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Garry Fors, has applied for Annexation and Zoning (AZ) of 5.59 acres from RUT (Ada County) to R-8 (Medium Density Residential) and Preliminary Plat approval of 25 single family residential lots and 4 common lots for Nursery Subdivision. The site is located on the east side of Linder Road approximately 1,900 feet south of Franklin Road in Section 13, Township 3 North, Range 1 West, and is currently referenced as Assessor's Parcel Number S1213233892. The subject site is within the City's Area of Impact and Urban Service Planning Area. Note: This staff report has been updated from the original staff report prepared for the 10-5-06 public hearing. Two new conditions of approval have been added (see Planning Department condition 1.2.4 and Public Works condition 2.4). This staff report was revised a second time based on the Planning and Zoning Commission requests that were voiced at the 11-2-06 public hearing. Revisions have been made to Section 10 and Exhibit B of the report These revisions are in bold and italicized 2. SiJ1VIlVIARY RECOMMENDATION The subject applications (AZ-06-038 and PP-06-036) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. The Meridian Planning and Zoning Commission heard these items on November 16, 2006. At the public hearing they moved to recommend approval. a. Summary of Commission Public Hearin i. In favor: Kurt Reliford, Gary Fors, Marv Hagedorn ii. In opposition: None iii. Commenting: Julie Buisman iv. Staff presenting application: Justin Lucas v. Other staff commenting on application: C. Caleb Hood. Mike Cole b. Kev Issues of Discussion by Commission: i. -Maintenance of irrigation easement along the southern ~ro~erty boundary. ii. - Design of Lot 20, Block 1 and adjacent common lots. c. Kev Commission Changes to Staff Recommendation: i. -None Nursery Subdivision AZ-06-038, PP-06-036 PAGE 1 CITY OF MERIDIAN PLt?EPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 5, 2006 d. Outstanding Issue(s) for City Council: i. -The Commission required the applicant to submit a revised preliminaryplat that addressed various issues that were raised at the Commission public hearing. The revised plat is dated 11/22/06 and included in Exhibit A of this report. i. In favor: Kurt Reliford ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staffpresenting application: Anna Borchers Canning vi. Other staff commenting on application: None 1i, ev Iss ues of Discussion by Council: i. -Overall density of the subdivision: ii. -Design of the western portion of the subdivision ~_ Kev Co unc'1 bange to ommiccion Recnmm .ndatinn~ i. -None 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-038 and PP-06-036 as presented in the staff report for the hearing date of December 5, 2006, with the following modifications to the conditions of approval: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-06- 038 and PP-06-036 as presented during the hearing on December 5, 2006, for the following reasons: (You should state specific reasons for denial of the annexation request, you must state specific reasons for denial of the preliminary plat request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-06-038 and PP-06-036 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 570 South Linder Road Section 13, T3N, R1W b. Applicant /Owner: Gary Fors 843 Lilac Street Nursery Subdivision AZ-06-038, PP-06-036 PAGE Z CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 5, 2006 Meridian, ID 83642 c. Representative: Jim Howard, J.J. Howard Engineers d. Present Zoning: RUT (Ada County) e. Present Comprehensive Plan Designation: Medium Density Residential f. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 5.59 acres to R-8 and Preliminary Plat approval of 25 single-family buildable lots and 4 common lots. All of the homes within the development are proposed to be single-family detached. The gross density of the project is 5.06 dwelling units per acre and the net density is 7.27 dwelling units per acre. Approximately 5.97 percent of the site is being set aside for open space. 1. Date of Preliminary Plat (attached in Exhibit A): August 9, 2006 2. Date of Landscape Plan (attached in Exhibit A): August 7, 2006 g. Applicant's Statement/Justification: We are requesting a zoning of R-8, which is in general compliance with the existing Meridian Comprehensive Plan designation of Medium Density Residential. The proposed residential net density is 6.41 dwelling units per acre, which complies with the City's designation of Medium Density Residential requirement of eight dwelling units per acre. Sewer and water facilities are available for connection within the Landing Subdivision No. 7 to the south and South Linder Road to the west. 5. PROCESS FACTS a. The subject application will, in fact, constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. b. The subject application will, in fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: September 18, 2006, and October 2, 2006 (Planning Commission) November 20 and 27, 2006 (City Council d. Radius notices mailed to properties within 300 feet on: September 8, 2006 (Planning Commission) November 17, 2006 (City Council) e. Applicant posted notice on site by: September 25, 2006 (Planning Commission) November 27, 2006 (City Council 6. LAND USE a. Existing Land Use(s): Rural Single Family Residential and Nursery b. Description of Character of Surrounding Area: To the north, east, and south of this proposed subdivision are various phases of the Landing Subdivision zoned R-4. To the southwest is an existing rural residence that also has R-4 zoning. To the west are various rural residences one of which has an R-4 zoning designation. c. Adjacent Land Use and Zoning: 1. North: The Landing Subdivision, zoned R-4 Nursery Subdivision AZ-06-038, PP-06-036 PAGE 3 CITY OF MERIDIAN PLANNIllIFDEPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 5, 2006 2. East: The Landing Subdivision, zoned R-4 3. South: The Landing Subdivision, zoned R-4 4. West: Rural Residential, zoned R-4 d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There currently exists a sewer main in S. Linder Road. Location of water: There currently exist water mains in S. Linder Road and in S. Tylee Way. Issues or concerns: 1.) Usability of the irrigation easement for each individual lot. 2.) Redundancy for the water system. 3.) Possibility for lift station upgrades. 4.) Placing the storm drainage facilities within an easement on a buildable severely hampers the future lot owner's ability to use that ground encumbered by the easement. 2. Vegetation: N/A 3. Floodplain: N/A 4. Canals/Ditches/Irrigation: The Kennedy Lateral runs along the southern portion of this site. The lateral has been partially piped in this area and the applicant intends to pipe the remaining portion of the lateral that runs through this site. 5. Hazards: N/A 6. Proposed Zoning: R-8 7. Size of Property: 5.59 acres f. Subdivision Plat Information: 1. Residential Lots: 25 2. Non-residential Lots: 0 3. Total Building Lots: 25 4. Common Lots: 4 5. Other Lots: 0 6. Total Lots: 29 7. Open Lots: 0 8. Residential Area: 5.59 acres 9. Gross Density: 5.06 units per acre 10. Lot Sizes: Lot sizes range from approximately 6,000 square feet to 9,534 square feet with one large lot of 13,005 square feet. g. Landscaping: 1. Width of street buffer(s): 25 feet along Linder Road 2. Width of buffer(s) between land uses: N/A. Nursery Subdivision AZ-06-038, PP-06-036 PAGE 4 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 5, 2006 3. Percentage of site as open space: 0.33 acres (5.97%) 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. (Note: If the micro path is above a sewer or water line no trees shall be required) h. Proposed and Required Non-Residential Setbacks: As per the R-8 zone for single family dwellings. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The sole access to the development will be from an existing stub street, South Tylee Way, provided from The Landing Subdivision. The Landing Subdivision currently has approved direct access from Linder Road. One stub street will be provided to the 2.27 acre parcel to the southwest that currently contains an existing home. 7. COMMENTS MEETING On September 15, 2006, Planning Staffheld an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain single family residences at densities from three to eight dwelling units per acre (see Page 99 of the Comprehensive Plan.) The proposed Preliminary Plat includes 25 residential building lots on 5.59 acres for a gross density of 5.06 dwelling units/acre. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. Nursery Subdivision AZ-06-038, PP-06-036 PAGE 5 CITY OF MERIDIAN PLANN~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 5, 2006 The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. • Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. Staff is supportive of the proposed pedestrian connection to Linder Road via the proposed micropath, as well as the extension of the stub street provided from the south which will provide for pedestrian connectivity with The Landing Subdivision. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential land use. Staff finds that the surrounding developments, all single family dwellings, are compatible with the applicant's proposal. Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request for the R-8 zoning designation. All of the adjacent properties are currently zoned R-4. Staff finds that the requested zoning designation is generally consistent with the Comprehensive Plan designation, and provides some variety of zoning in this area. • Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The applicant is proposing to extend one existing stub street from the south and construct another stub street to the underdeveloped parcel to the southwest. Staff believes that the applicant's proposal will enhance connectivity and traffic flow in this area. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family developments as a Nursery Subdivision AZ-06-038, PP-06-036 PAGE 6 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 5, 2006 Permitted Use in the R-8 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and con esponding housing types that can be accommodated within the density range. c. Common driveways (Lots 4 and 5 Block 1, see note 12 on Plat): UDC 11-6C-3D describes the standards for common driveways. All common drives proposed by the applicant should meet the standards as described in the UDC. These standards are listed below: 1. Maximum dwelling units served: Common driveways shall serve a maximum of four (4) dwelling units. 2. Width standards: Common driveways shall be a minimum of twenty feet (20') in width. 3. Maximum length: Common driveways shall be a maximum of one hundred fifty feet (150') in length or less, unless otherwise approved by the Meridian City Fire Department. 4. Improvement standards: Common driveways shall be paved with a surface capable of supporting fire vehicles and equipment. 5. Abutting properties: Unless limited by significant geographical features, all properties that abut a common driveway shall take access from the driveway. 6. Turning radius: Common driveways shall be straight or provide atwenty-eight foot (28') inside and forty-eight foot (48') outside turning radius. 7. Depictions: For any plats using a common driveway, the setbacks, building envelope, and orientation of the lots and structures shall be shown on the preliminary and/or final plat. 8. Easement: A perpetual ingress/egress easement shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 9. Alternative compliance: The Director may approve or recommend approval of alternative design or construction standards when the applicant can demonstrate that the proposed overall design meets or exceeds the intent of the required standards of this Section and shall not be detrimental to the public health, safety, and welfare. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION AND ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan, and the surrounding land uses and zoning, staff believes that the requested R-8 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and fmdings for annexation. The annexation legal description submitted with the application (prepared on June 15, 2006, by James J. Howard, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. PRELIIVIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposal with the Unified Development Nursery Subdivision AZ-06-038, PP-06-036 PAGE 7 CITY OF MERIDIAN PLANNDEPARTMENT STAFF REPORT FOR THE HEG DATE OF DECEMBER 5, 2006 Code, staff believes that this is a good location for the proposed single-family residential development. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Landscaping: The landscape plan prepared by Brooks Design Group, on 8-7-06, is approved with the following modifications/notes: • The proposed micro pathway (not shown on submitted landscape plan) that connects Katsura Street to Linder Road shall be constructed in accordance with UDC 11-3A-8. All landscaping adjacent to the pathway shall meet the requirements outlined in 11-3B-12. (Note: Micro paths above sewer or water lines are not required to have trees) • Per UDC 11-3G-3A, set aside at least 5.97% (0.33 acres) of the site for useable open space, as proposed. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Lot SizeBuilding Envelope; Lot 1, Block 2 and Lot 7, Block 2 are irregular in shape. Due to required setbacks and the 20 foot irrigation easement that runs along the southern boundary of this project these lots will contain building envelopes of questionable size and shape. Staff recognizes the design constraints on this entire parcel but feels that the applicant should provide, at the public hearing, some assurance that these are viable lots (e.g. - an exhibit showing how structures could be situated on these lots, and what size footprint is available on these lots). Storm Drain Lot_ Staff is concerned about the storm drain lot/common area (Lot 18, Block 1) behind Lot 20, Block 1. As proposed the only access to this storm drain lot is through an easement across Lot 20, Block 1, which is asingle-family buildable lot. Staff is not supportive of encumbering asingle-family lot with an access easement for ACRD. Further, ACHD standards (Section 8009-1-2) will not allow the storm water pipe and sand and grease trap to be placed in a buildable lot as proposed. Due to this requirement ACHD will require the proposed easement access to be placed within the common Lot 18, which will reduce Lot 20, Block 1 in size by more than 900 square feet. This size reduction will bring Lot 20 below the 5,000 square foot minimum that is required in the R-8 zone. Staff recommends that this area of the plat be redesigned to accommodate these required changes. (see Public Works condition 2.2, in Exhibit B) The applicant has submitted a proposal to redesign this area which adequately addresses the concerns raised above. Ten full-size and one 8. S" x 11 "copy, as well as new pdf and jpg copies of a revised preliminary plat that incorporates the proposed redesign should be submitted to Staff at least ten days prior to the City Council hearing for this project Additional Right-of-Way; ACHD is requiring an additional 18 feet of right-of-way to be dedicated along Linder Road. This will have a significant effect on the location of the required 25 foot landscape buffer along Linder Road, and Lots 18 and 20, Block 1. The Nursery Subdivision AZ-06-038, PP-06-036 PAGE 8 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF DECEMBER 5, 2006 applicant should be required to redesign this area of the plat to show the additional right- of-way and new location of the landscape buffer. NOTE: This change and the change required in the Storm Drain Lot analysis above, may result in the loss of Lot 20, Block 1. The applicant has submitted a proposal to redesign dais area which adequately addresses the concerns raised above. Further, the applicant has retained Lot 20, Block 1, but it has been reduced in size from 5,546 square feet to 5,097 square feed Ten full- size and one 8. S" x 11 "copy, as well as new pdf and jpg copies of a revised preliminary plat that incorporates the proposed redesign should be submitted to Staff at least ten days prior to the City Council hearing for this project Irrigation Easement_ An existing 20 foot wide easement in favor of the Nampa Meridian Irrigation district runs along the southern boundary of this project. This easement affects eight buildable lots (Lots 1-7, Block 2 and Lot 1, Block 1). In a letter dated August 15, 2006 the Nampa Meridian Irrigation District stated that "this easement must be protected and any encroachment without a signed license agreement and approved plan, before any construction is started, is unacceptable." (See Exhibit B for all of NMID's requirements.) As proposed, the applicant shows each of the above mentioned lots with a portion of this easement in the rear yard. Staff will allow this layout, provided the Applicant is able to obtain a license agreement from the irrigation district to construct fencing and some landscaping within this easement. If the license agreement is not obtained, and the plat is approved as proposed, the future homeowners will be unable to fence-off their property into the easement area, and each homeowner will be responsible to maintain the easement area that is part of their property. Further, the future homeowners will be paying taxes on property that they can not customize as their own. To avoid this staff recommends that this easement area be placed into a common lot if a license agreement is not obtained. As a common lot the easement area would be maintained by the home owners association rather than separate property owners. NOTE: If said license agreement is not obtained, some of the proposed lot lines may need to be adjusted to meet the minimum 5,000 square foot lot size minimum of the R-8 zone. (see Public Works condition 2.1 and the Planning Department's condition in Exhibit B) In a letter dated November 8, 2006 the Nampa and Meridian Irrigation District (NMID) stated that, after preliminary review, they believed that "a fence placed fifteen feet from the Sennedy Lateral ... would be acceptable."The main reason that this project was continued was because the Commission wanted to know whether or not a license agreement could be obtained for this area. It appears that a license agreement may be obtained, but it does not appear that NMID will allow fences to encroach very far into the existing easement This letter from NMID does not fundamentally change Staffs analysis above, but it also does not fully answer the question. Staff still believes that any part of the said irrigation easement that does not have a signed license agreement should be placed in a common lot to be maintained by the home owners association. Staff has updated the Condition below Common Areas_ Maintenance of all common areas should be the responsibility of the Nursery Subdivision Homeowners Association. Stub Streets_ The applicant should be required to provide a public stub street to Parcel #S 1213233965, the Calhoun property, as proposed. Common Drive_ The common drive proposed for Lots 4 and 5, Block 1 should be design in accordance with UDC 11-6C-3D. Nursery Subdivision AZ-06-038, PP-06-036 PAGE 9 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 5, 2006 Existing Residences/Buildings_ The site currently contains multiple buildings. The existing buildings span across proposed lot lines and do not meet setback requirements of the requested zoning. Therefore, all existing buildings should be removedJre-located in accordance with the building setbacks of the R-8 zone, prior to signature of the fmal plat by the City Engineer. Emergency Vehicle Turnaround- The current design of the cul-de-sac at the west end of W. Katsura Street does not meet Fire Department standards for an emergency vehicle turnaround. The applicant should work with the Fire Department to ensure that the cul- de-sac meets Fire Department standards. Fencing-, No fencing is shown on the preliminary plat or landscape plan. The applicant should submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All perimeter fencing must be completed prior to issuance of building permits. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. Fencing adjacent to all micro pathways and common areas is also required; this fencing should be constructed as six foot open vision or four foot solid. All fencing shall be installed in accordance with UDC 11-3A-7. Pressure Irrigation- The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Ditches, Laterals, and Canals; As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. The Kennedy Lateral runs along the southern portion of this site. The lateral has been partially piped in this area and the applicant intends to pipe the remaining portion of the lateral that runs through this site. b. Staff Recommendation: Based on the above analysis, staff finds that applications AZ-06-038 and PP-06-036 substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends approval of said AZ and PP applications subject to the conditions listed in Exhibit B. The Meridian Planning and Zoning Commission heard these items on November 16 2006 At the public hearing they moved to recommend approval he Meridian Citv Counc'1 heard hec ' ems on December 5. 2006. At the n ihlic h .arinu thpv annroved the nroiect- wi h no 11. EI~~ITS A. Drawings Nursery Subdivision AZ-06-038, PP-06-036 PAGE 10 CITY OF MERIDIAN PLDEPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 5, 2006 1. Preliminary Plat (Dated: November 22, 2006, Revised) 2. Landscape Plan (Dated: August 7, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Nampa/Meridian Irrigation District 9. Central District Health Department C. Legal Description D. Required Findings from Unified Development Code Nursery Subdivision AZ-06-038, PP-06-036 PAGE 11 CITY OF MERIDIAN PLADEPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 5, 2006 A. Drawings 1. Preliminary Plat (November 22, 2006, Revised t y~ ~ off.1. _g ~ ~~r ~~ ~ II~~ ~E ~ ~ r ~ ~ ~BSN a d~ ~ ~ ~ $~k -~Q R~ t b 6 ~`a~~g (~ gg ~~~ ~ F 4 ~y~~~ w' ~ jj~~~ ~~~~~ ~~~~~ ~ ~~~;~~ ~ene~ ~~ ~ ~~l~ ~~ ~~~~a $~~i ~ ~~~~~~~~~~~~ 1 k 1 9 6w b s a r i r i -- ! ; ~' tr •~ ~i t ~ 1 t ~ ! Jr ~ ~! !^`~ ~ ~ ~ r r ! / t ~ ` `~ i '~ ''' t t ~~~.//~?? l § r 0 ~ 1 ~~ . ! r ! m / s +~ J ~~ $ ! ! 1 \ ti I ~ Q3 } I 9 ~ ~~{8 ~\ ` ~ 1 ~3P~4t s P ~ ~ ~ v } t ~ ~ ; l ! ~'~ U ~ a ~ r !! m ` ~ f ~ ~ (t ! ~ ! ~ ` 4p ~ ' t q r - c. ~ ~ 14 , ~ 1 1 . Y ~ ~ I ~ ry ~ ~t ~ "tr ~ ,,, ~ ~_a ~ ! i~ e ~ ! p j ~ ~! u 9g° ~ ~{ ~i `s ~ ~ ~ ~~ ! ~ t - ~ ~~ !,! x Ir ' ~ ,, m sg r r ~ a .fir d `~ t +'~.r p r r~ ~P ~~ t ~, ~ i~~3 1 ~~~ ~~'v~ 11 r t ~ ~ ~ ~ I I 1 ~ ,~ r a tl B I i } jtt i ~~ ~ ~ ~ i ~ ~ ~ i ~ ~ ,®® ai I 1S S ~~ tt N f ~1 r ~ I ~ t ~ ti r~ psl ~a \ _ ~g i r ~ ~i ~ a ~ / ~ I ~ ~ '~' r ~' d 4p ffir rr ~~~ 9 ~'. , e l ~n .~ s i -~-~----+-- - ~°"-n~^s -5-- --- m -~ ~ ~ ~~ Exhibit A CITY OF MERIDIAN PLANNINPARTMENT STAFF REPORT FOR THE HEA~G DATE OF DECEMBER 5, 2006 2. Landscape Plan (Dated: August 7, 2006) :i~ ~:j:. ~~.~~., ntolslAlaans ~x~sxnu .. ;%• dlI02I9 N91S~Q S?IOO~H .. ~a aav~saNVt r i „Y~~~~~ ~` } ~h/ l g. ~ ~ -~ `-' 3 ~ ~+t ~~ 1 ~ ~ e t 1 1 ~ ~,:f Zg:II ~ / ,` l i} ~ / fl ( y ~ ~\ r ¢ I'~ 1 I ~` ,~~~{ §a ~',i t ~ ~` b 'oN ~NI4NVl 3Nl z r S ' ~/. ~ a w Z ~ ~ ~ U 9 i S ~!/g L~ i b / // ~~ D ~ g ' it gF i M 337.11 .S ~ /1 ~ "' ~ A 11 >fl u off 2~ IIf f+~U U " 311 ;k H h ~~_. ~~ ! 1~ ~~ 0 •~ ~> > s ~ ", ~ QI ~~ ~ y i I til ~~i ~ h~l i` rn l 0 z ~ J a s 0 ~~ ~l n ~ n ~$g~' L- 5t ~~ ~ Y ~ ~~ ~~~ ~ 9 F m ~ 4 ~~~~ ~I ~ ~ ~ ~ gC 9~ s ~ ~ ~~ g` ~ ~ ~~~~ ~o ~ ~~~ ~ dom. d . 8 ~~ ~ R ~ R ~ ~ ~~~@yy@~ r ~-"' ~,~~ ~ ._~' Exhibit A ~ - uvoa a~uevr~ _y CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HEG DATE OF DECEMBER 5, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (prepared on June 15, 2006, by James J. Howard, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of submittal. 1.2 SITE SPECIFIC REQUIItEMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet 1, prepared by J.J. Howard Engineers, dated November 22, 2006 (Revised) is approved, with the conditions listed herein. All comments and any provisions of the accompanying Annexation and Zoning application (AZ-06-038) shall also be considered conditions of the Preliminary Plat (PP-06-036). 1.2.2 The landscape plan prepared by Brooks Design Group, on 8-7-06, is approved with the following modifications/notes: • The proposed micro pathway (not shown on submitted landscape plan) that connects Katsura Street to Linder Road shall be constructed in accordance with UDC 11-3A-8. All landscaping adjacent to the pathway shall meet the requirements outlined in 11- 3B-12. (Note: Landscaping adjacent to micro paths above sewer or water lines are not required to have trees, but shall be landscaped with grass and other Public Works allowed landscape materials.) • Per UDC 11-3G-3A, set aside at least 5.97% (0.33 acres) of the site for useable open space, as proposed. • Add the requirement fora 25-foot wide landscape buffer along Linder, EXCLUSIVE of ROW. • Per UDC 11-3B-10, the applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.2.3 The storm drain easement encroaching on Lot 20, Block 1 shall be placed into a common lot (or included within the boundaries of Lot 18, Block 1, which is also a common lot) and maintained by the Nursery Subdivision Homeowners Association. Lot 20, Block 1, and all buildable lots shall be designed to meet the minimum lot size requirements in the R-8 zone. 1.2.4 Prior to submittal of the final plat application the applicant shall be required to redesign Lots 18- 20, Block 1 to reflect the additional right-of--way required by ACRD for Linder Road, and the new location of the required 25-foot wide landscape buffer. All dimensional standards, open space requirements, landscaping requirements, or any other standards contained in the UDC shall apply to the redesigned plat. NOTE: This may result in the loss of one buildable lot in this area. Submit ten full-size copies, one 8.5" x 11" copy and a jpg and pdf copy of a revised preliminary plat to the Planning Department a minimum of ten days prior to the City Council hearing. Exhibit B CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HEG DATE OF DECEMBER 5, 2006 1.2.5 Prior to signature of the final plat by the City Engineer, the applicant shall submit a signed license agreement with Nampa and Meridian Irrigation District which allows the individual lots on the south side of this plat to fence and landscape to their south property line. If the applicant can not obtain said license agreement, or can only obtain a license agreement to encroach into a portion of the easement, the plat shall be revised to include any easement area, without a signed license agreement, within a common lot to be owned and maintained by the HOA. All buildable lots must comply with the minimum dimensional standards of the UDC. 1.2.6 Maintenance of all common areas shall be the responsibility of the Nursery Subdivision Homeowners Association. 1.2.7 Provide a public stub street to Parcel #S1213233965, the Calhoun property, as proposed. 1.2.8 The common drive proposed for Lots 4, and 5, Block 1 shall be designed in accordance with UDC 11-6C-3D. Lots 4 and 5, Block 1 shall maintain at least 15 feet of public street frontage (flag) and the common driveway easement shall be depicted and explained on the face of the final plat; building setbacks should be measured from the edge of the common driveway easement or property lines, whichever is more restrictive. In accordance with UDC 11-6C-3D7, depict the required setbacks, building envelopes, and orientation of the lots and structures on Lots 4 and 5, Block 1, on the face of the final plat. In accordance with UDC 11-3C-6, provide each single- family detached dwelling with atwo-car garage and a 20' x 20' parking pad between the garage face and the common driveway (the asphalt for the common driveway shall not count towards the required parking pad area.) 1.2.9 All buildings that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to signature of the final plat by the City Engineer. 1.2.10 The current design of the cul-de-sac at the west end of W. Katsura Street does not meet Fire Department standards for an emergency vehicle turnaround. The applicant shall work with the Fire Department to ensure that the cul-de-sac meets Fire Department standards. 1.2.11 Fencing adjacent to all micro pathways and common areas shall be constructed as six foot open vision or four foot solid fencing. All fencing shall be installed in accordance with UDC 11-3A-7. 1.2.12 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate imgation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 1.3 GENERAL REQUIItEMENTS-PRELIMINARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed Exhibit B CITY OF MERIDIAN PLANNIN'~BEPARTMENT STAFF REPORT FOR THE HEA~G DATE OF DECEMBER 5, 2006 to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.4 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. 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. 1.3.5 The applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 There is a 20-foot wide Nampa and Meridian Irrigation District easement shown on the southerly boundary of this development. Prior to final plat signature the applicant shall submit a signed license agreement with Nampa and Meridian Irrigation District allowing the individual lots to fence to their property line. OR revise the plat to include that easement in a common lot to be owned and maintained by the HOA. If the latter of the two is chosen, all lots must still comply with the minimum dimensional standards of the UDC and the plat must still be in substantial compliance as determined by the Planning Director. 2.2 The applicant shall include the storm drain easement on Lot 20 Block 1 into a common lot per ACHD policy 8009.1.2 which specifically requires all stormwater facilities to be located within the right-of--way or a common lot. 2.3 Sanitary sewer service to this development is being proposed via extension of mains that flow to the Landing Lift Station. The applicant shall be responsible for any upgrades to the lift station that are deemed necessary by the City Engineer. 2.4 The applicant shall be required to wait till the Black Cat Trunk connects to the Glacier Spring Diversion Manhole or install an "Off-peak pumping Station" in a location coordinated with the Public Works Department. The stations design and capacity shall be coordinated with the Public Works Department, the design shall include communication capabilities that are consistent with the City of Meridian's SCADA system, and odor control. This condition maybe rescinded by the City Engineer if new information arises from ongoing modeling exercises or other subsequent sources. 2.5 The applicant shall install all sewer mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. Exhibit B CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEG DATE OF DECEMBER 5, 2006 2.6 A 14-foot wide all weather access road shall be required to all manholes not located within the right-of--way. The applicant shall be responsible to coordinate with the Planning Department to comply with this condition and meet all landscaping ordinances/requirements. 2.7 Water service to this site is being proposed via extension of mains in Tylee Way. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.8 The City Engineer has determined that due to the number of lots on this site a second water connection shall be required. This connection can be by enlarging the common lot that contains the sewer main and installing the water main in the common lot; or by acquiring an easement through the property to the south and connecting to S. Linder Road. 2.9 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.10 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.11 The applicant has indicated that the Homeowner's association will own and operate the pressure irrigation system in this proposed development. Since it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to fmal plat signature on the last phase of this project. 2.12 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (iJDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.13 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.14 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.15 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells maybe used for non- domestic purposes such as landscape imgation. 2.16 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. 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 construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.17 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. Exhibit B CITY OF MERIDIAN PLAEPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 5, 2006 2.18 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized imgation, sanitary sewer, water, etc., prior to signature on the final plat. 2.19 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.20 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. 2.21 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.22 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.23 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.24 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.25 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.26 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.27 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 An emergency vehicle turnaround is required at the terminus of Katsura Street. The turnaround shall be designed in accordance with fire department standards. 3.3 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.4 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %a" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. Exhibit B CITY OF MERIDIAN PLEPARTMENT STAFF REPORT FOR THE HEG DATE OF DECEMBER 5, 2006 d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.5 All entrance and internal roads, alleys, and cul-de-sacs shall have a turning radius of 28' inside and 48' outside radius. 3.6 Requirements for dead-end fire apparatus access roads that are between 500'-750' in length. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 26' wide. Streets with less than a 35' street width shall have no parking. Streets with less than 39' shall have parking only on one side. These measurements shall be based on the face of curb dimension. Special approval required over 750' IFC Table D 103.4. The roadway shall be able to accommodate an imposed load of 75,000 GVW. Due to the 1,100 foot block length, parking shall be limited to one side. 3.7 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.8 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. POLICE DEPARTMENT 4.1 All interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.2 The micro paths shall be adequately lit to afford greater visibility of the site as policed from the public street. 4.3 The shrubbery along the micro-pathways shall not exceed two feet in height at maturity. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of Trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (iJDC 11-3B-10) will be followed. 6. SANITARY SERVICE COMPANY 6.1 SSC has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT Exhibit B CITY OF MERIDIAN PL?DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 5, 2006 7.1. SITE SPECIFIC REQUIREMENTS 7.1.1 Dedicate 48-feet of right-of--way from the centerline of Linder Road, an additional 18-feet. ACRD will purchase the additional right-of--way to be dedicated and will not compensate for the existing right-of--way. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 7.1.2 Construct a 36-foot street section within 50-feet ofright-of--way complete with curb, gutter and 5- foot attached concrete sidewalk for Katsura Street. 7.1.3 Construct a standard cul-de-sac turnaround at the terminus of Katsura Street. Construct curb, gutter and sidewalk around the perimeter of the cul-de-sac except for the stub street location. 7.1.4 Extend a stub street into the site from the south, South Tylee Way, located approximately 200- feet west of the east property line (measured property line to centerline). Construct a 36-foot street section within 50-feet of right-of--way complete with curb, gutter and 5-foot attached concrete sidewalk for South Tylee Way. 7.1.5 Construct a stub street to the south, Katsura Street, located approximately 130-feet east of the west property line (measured property line to centerline). This stub street shall align with and connect to a future street to the south of the subject site. 7.1.6 Linder Road is classified as an arterial roadway: all access points to Linder Road will be closed: direct lot access to Linder Road is prohibited and should be noted on the final plat. The applicant is required to close all existing access to Linder Road (including lot 20) and access the internal public streets. 7.1.7 Comply with all Standard Conditions of Approval. 7.2 GENERAL REQUIREMENTS 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable Exhibit B CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 5, 2006 requirements of the Ada County Highway District prior to District approval for occupancy 7.2.10 Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. NAMPA/MERIDIAN IRRIGATION DISTRICT 8.1 Aland use change application must be filed, for review, prior to final platting. 8.2 All laterals and waste ways must be protected. 8.3 The District's Kennedy Lateral courses along the south boundary of this proposed project. This easement must be protected and any encroachment without a signed license agreement and approved plan, before any construction is started, is unacceptable. 8.4 All municipal surface drainage must be retained on site. 9. CENTRAL DISTRICT HEALTH DEPARTMENT 9.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 9.2 The following plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage and central water. 9.3 Run-off is not to create a mosquito breeding problem. Exhibit B CITY OF MERIDIAN PLANNINPARTMENT STAFF REPORT FOR TIC HEAL DATE OF DECEMBER 5, 2006 C. Legal Description ANNEXATION DESCRIPTION FOR PROPOSED NURSERY SUBDIVISION A parcel of land lying in the NWl/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a Brass Cap mazking the NW Corner of said Section 13, said Brass Cap bears N.00°00'35"W. 2657.33 feet (formerly 2657.54 feet) from a 5!8 inch rebaz marking the W 1/4 Corner of said Section 13; thence S.00°00'35"E. 1862.31 feet (formerly 1862.19 feet) along the West line of the said NW 1/4 of Section 13 and along the centerline of S. Linder Road to a point mazking the SW Corner of The Landing Subdivision No. 2, records of Ada County, Idaho, said point being the POINT OF BEGINNING; thence S.89°49'00"E. 30,00 feet along the south boundary of The Landing Subdivision No. 2 to a point lying on the east right of way of said S. Linder Road, Thence continuing S.89°49'00"E. 960.16 feet along the south boundazies of The Landing Subdivision No. 2 and The Landing Subdivision No. 3 to a point lying on the westerly boundary of The Landing Subdivision No. 4; Thence S.00°00'35"E. 381.34 feet (formerly 379.61 feet) along the said westerly boundary of The Landing Subdivision No. 4 to a point lying on the northerly boundary of The Landing Subdivision No. 7, and lying on the centerline of the Kennedy [,ateral; Thence along the said centerline of the Kennedy Lateral the following courses and distances: N.60°43' 10"W. 164.27 feet (formerly 164.23 feet) along the said northerly boundary of The Landing Subdivision No. 7 to a point; Thence N.81 °30'40"W. 597.88 feet, a portion of this distance being along the said northerly boundary of The Landing Subdivision No. 7, to a point; Thence N.77° 14'25"W. 98.02 feet to a point; Thence N.56°05'40"W. 156.62 feet to a point lying on the said east right of way of S. Linder Road; "Thence continuing N.56°05'40"W. 36.15 feet to a point lying on the said West line of the N W 1 /4 of Section 13 and lying on the said centerline of S. Linder Road; Nursery Sub ANNEXATION description 0614061mm.doc Exhibit C CITY OF MERIDIAN PL?DEPARTMENT STAFF REPORT FOR THE HEG DATE OF DE~~EMBER 5, 2006 Thence leaving the said centerline of the Kennedy Lateral, N.00°00'35"W. 86.73 feet (formerly 87.42 feet and 85.34 feet) along the said West line of the NW 114 of Section 13 and along the said centerline of S. Linder Road to the POINT OF BEGINNING. Said parcel contains 5.54 acres, more or less, and is subject to all existing easements and right-of--ways of record or implied. VAL 8Y M WORKS DEPTFC. Nursery Sub ANNEXATfON description 061406Imm.doc Exhibit C CITY OF MERIDIAN PLAEPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 5, 2006 R G $ ~' 8 N M p ~' ,1C7,8Bt 3 3 s -~ i Exhibit C OMDt! N301Q7 S ~.'~ S 9Lg53 gnu : CITY OF MERIDIAN PLANNINPARTMENT STAFF REPORT FOR THE HEA~ DATE OF DECEMBER 5, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-8. Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of this Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that single-family residential uses are allowed within the requested zoning district of R-8 as a Principally Permitted Uses. The accompanying plat demonstrates the land will be developed with varying lot sizes and other dimensional requirements which conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that maybe provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council fmds that the proposed zoning amendment will not result in any adverse impact upon delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. 5. The annexation is in the best of interest of the City (LTDC 11-SB-3.E). Council fmds that all essential services will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan; and this is a logical expansion of the City limits. In accordance with the findings listed above, Commission Ends that Annexation and Zoning of this property to R-8 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Commission supports the proposed density and proposed plat Exhibit D CITY OF MERIDIAN PLA~NNIl@~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 5, 2006 layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services can be made available to accommodate the proposed development. (See Finding Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, Council fords that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic, or historic features on this site. Therefore, staff fords that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D December 15, 20Q6 MERIDIAN CITY COUNCIL MEETING December 19, 2006 PP 06-036 APPLICANT Gary FOfS ITEM NO. 6-G REQUEST Findings -request for Preliminary Plat approval of 25 residential lots and 3 common lots on 5.53 acres in a proposed R-8 zone for Nursery Subdivision 570 South 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: COMMENTS See Attached Findings OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materkds presented at public meetings sha8 become property of the Cffy of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • ~~c~~~~ DEC 14 2006 ~itv f IVleridian ~3 ~1r - lerk Office 4 ~ ',~ ~~~ ~r~tw~ ~~'~~ g%; ,., In the Matter of Annexation and Zoning of 5.59 acres from RUT to R-8 AND Preliminary Plat approval for 25 residential building lots and 4 common lots for Nursery Subdivision, by Garry Fors. Case No(s). AZ-06-038 and PP-06-036 For the City Council Hearing Date of: December 5, 2006 (Findings on the December 19, 2006 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 5, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 5, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 5, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 5, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-3 82 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-038 and PP-06-036 • • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of December 5, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated November 22, 2006 is hereby conditionally approved; 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of December 5, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-038 and PP-06-036 Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of December 5, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-038 and PP-06-036 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 5, 2006 STAFF REPORT Hearing Date: 12/5/2006 TO: Mayor and City Council FROM: Justin Lucas Associate City Planner Meridian Planning Department 884-5533 SUBJECT: Nursery Subdivision • AZ-06-038 ,~ ~- "" ~.wa~ R~~ ~~ ~~ , ~~~R~~,~ Annexation and Zoning of 5.59 acres from RUT (Ada County) to R-8 (Medium Density Residential) • PP-06-036 Preliminary Plat of 25 single-family building lots and 4 common lots on 5.59 acres in a proposed R-8 zone 1. SUMMARY DESCRII'TION OF APPLICANT'S REQUEST The applicant, Garry Fors, has applied for Annexation and Zoning (AZ) of 5.59 acres from RUT (Ada County) to R-8 (Medium Density Residential) and Preliminary Plat approval of 25 single family residential lots and 4 common lots for Nursery Subdivision. The site is located on the east side of Linder Road approximately 1,900 feet south of Franklin Road in Section 13, Township 3 North, Range 1 West, and is currently referenced as Assessor's Parcel Number S1213233892. The subject site is within the City's Area of Impact and Urban Service Planning Area. Note: This staff report has been updated from the original staff report prepared for the 10-5-06 public hearing. Two new conditions of approval have been added (see Planning Department condition 1.2.4 and Public Works condition 2.4). This staff report was revised a second time based on the Planning and Zoning Commission requests that were voiced at the II-2-06 public hearing Revisions have been made to Section 10 and Exhibit B of the reporx These revisions are in bold and italicized 2. SiJ1VIlVIARY RECOMMENDATION The subject applications (AZ-06-038 and PP-06-036) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. The Meridian Planning and Zoning Commission heard these items on November 16, 2006._At the public hearing they moved to recommend a rpp OVal. a. Summary of Commission Public Hearin i. In favor: Kurt Reliford, Gary Fors, Marv Hagedorn ii. In opposition: None iii. Commenting: Julie Buisman iv. Staffpresenting application: Justin Lucas v. Other staff commenting on application: C. Caleb Hood. Mike Cole b. K_ ey Issues of Discussion by Commission: i. -Maintenance of irritation easement along the southern property boundary. ii. -Design of Lot 20, Block 1 and adjacent common lots. c. Key Commission Chances to Staff Recommendation: i. -None Nursery Subdivision AZ-06-038, PP-06-036 PAGE 1 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 5, 2006 d. Outstanding Issue(s) for City Council: i. -The Commission required the applicant to submit a revised pre iminax~ that addressed various issues that were raised at the Commission public hearing_ The revised plat is dated 11/22/06 and included in Exhibit A of this report ;~. i. In favor: Kurt Reliford ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staffnresenting application: Anna Borchers Canning vi. Other staff commenting on application• N_o_ne 1Z. ev Issues of Discus ion by ounc'l: i. -Overall density of the subdivision: ii. -Design of the western uortion of the subdivision ~, ev Council Changes to ~nmmicsinn Rern_~n_m__P.~_rl_atinnr i. -None 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-038 and PP-06-036 as presented in the staff report for the hearing date of December 5, 2006, with the following modifications to the conditions of approval: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-06- 038 and PP-06-036 as presented during the hearing on December 5, 2006, for the following reasons: (You should state specific reasons for denial of the annexation request, you must state specific reasons for denial of the preliminary plat request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-06-038 and PP-06-036 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 570 South Linder Road Section 13, T3N, Rl W b. Applicant /Owner: Gary Fors 843 Lilac Street Nursery Subdivision AZ-06-038, PP-06-036 PAGE 2 CITY OF MERIDIAN PLDEPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 5, 2006 Meridian, ID 83642 c. Representative: Jim Howard, J.J. Howard Engineers d. Present Zoning: RUT (Ada County) e. Present Comprehensive Plan Designation: Medium Density Residential f. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 5.59 acres to R-8 and Preliminary Plat approval of 25 single-family buildable lots and 4 common lots. All of the homes within the development are proposed to be single-family detached. The gross density of the project is 5.06 dwelling units per acre and the net density is 7.27 dwelling units per acre. Approximately 5.97 percent of the site is being set aside for open space. 1. Date of Preliminary Plat (attached in Exhibit A): August 9, 2006 2. Date of Landscape Plan (attached in Exhibit A): August 7, 2006 g. Applicant's Statement/Justification: We are requesting a zoning of R-8, which is in general compliance with the existing Meridian Comprehensive Plan designation of Medium Density Residential. The proposed residential net density is 6.41 dwelling units per acre, which complies with the City's designation of Medium Density Residential requirement of eight dwelling units per acre. Sewer and water facilities are available for connection within the Landing Subdivision No. 7 to the south and South Linder Road to the west. 5. PROCESS FACTS a. The subject application will, in fact, constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. b. The subject application will, in fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: September 18, 2006, and October 2, 2006 (Planning Commission) November 20 and 27, 2006 (City Council) d. Radius notices mailed to properties within 300 feet on: September 8, 2006 (Planning Commission) November 17, 2006 (City Council) e. Applicant posted notice on site by: September 25, 2006 (Planning Commission) November 27, 2006 (City Council) 6. LAND USE a. Existing Land Use(s): Rural Single Family Residential and Nursery b. Description of Character of Surrounding Area: To the north, east, and south of this proposed subdivision are various phases of the Landing Subdivision zoned R-4. To the southwest is an existing rural residence that also has R-4 zoning. To the west are various rural residences one of which has an R-4 zoning designation. c. Adjacent Land Use and Zoning: 1. North: The Landing Subdivision, zoned R-4 Nursery Subdivision AZ-06-038, PP-06-036 PAGE 3 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 5, 2006 2. East: The Landing Subdivision, zoned R-4 3. South: The Landing Subdivision, zoned R-4 4. West: Rural Residential, zoned R-4 d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There currently exists a sewer main in S. Linder Road. Location of water: There currently exist water mains in S. Linder Road and in S. Tylee Way. Issues or concerns: 1.) Usability of the irrigation easement for each individual lot. 2.) Redundancy for the water system. 3.) Possibility for lift station upgrades. 4.) Placing the storm drainage facilities within an easement on a buildable severely hampers the future lot owner's ability to use that ground encumbered by the easement. 2. Vegetation: N/A 3. Floodplain: N/A 4. Canals/Ditches/Irrigation: The Kennedy Lateral runs along the southern portion of this site. The lateral has been partially piped in this area and the applicant intends to pipe the remaining portion of the lateral that runs through this site. 5. Hazards: N/A 6. Proposed Zoning: R-8 7. Size of Property: 5.59 acres f. Subdivision Plat Information: 1. Residential Lots: 25 2. Non-residential Lots: 0 3. Total Building Lots: 25 4. Common Lots: 4 5. Other Lots: 0 6. Total Lots: 29 7. Open Lots: 0 8. Residential Area: 5.59 acres 9. Gross Density: 5.06 units per acre 10. Lot Sizes: Lot sizes range from approximately 6,000 square feet to 9,534 square feet with one large lot of 13,005 square feet. g. Landscaping: 1. Width of street buffer(s): 25 feet along Linder Road 2. Width of buffer(s) between land uses: N/A. Nursery Subdivision AZ-06-038, PP-06-036 PAGE 4 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 5, 2006 3. Percentage of site as open space: 0.33 acres (5.97%) 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. (Note: If the micro path is above a sewer or water line no trees shall be required) h. Proposed and Required Non-Residential Setbacks: As per the R-8 zone for single family dwellings. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The sole access to the development will be from an existing stub street, South Tylee Way, provided from The Landing Subdivision. The Landing Subdivision currently has approved direct access from Linder Road. One stub street will be provided to the 2.27 acre parcel to the southwest that currently contains an existing home. 7. COMMENTS MEETING On September 15, 2006, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas aze anticipated to contain single family residences at densities from three to eight dwelling units per acre (see Page 99 of the Comprehensive Plan.) The proposed Preliminary Plat includes 25 residential building lots on 5.59 acres for a gross density of 5.06 dwelling units/acre. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriffs Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACfID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. Nursery Subdivision AZ-06-038, PP-06-036 PAGE 5 CITY OF MERIDIAN PL?EPARTMENT STAFF REPORT FOR TAE HEG DATE OF DECEMBER 5, 2006 The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. • Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. Staff is supportive of the proposed pedestrian connection to Linder Road via the proposed micropath, as well as the extension of the stub street provided from the south which will provide for pedestrian connectivity with The Landing Subdivision. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential land use. Staff finds that the surrounding developments, all single family dwellings, are compatible with the applicant's proposal. • Chapter VII, Goal IV, Objective C, Action (low-, medium-, and high-density single apartments, condominiums, etc.) for the p affordable housing opportunities. 10 - Support a variety of residential categories family, multi-family, townhouses, duplexes, upose of providing the City with a range of The subject application includes a request for the R-8 zoning designation. All of the adjacent properties are currently zoned R-4. Staff finds that the requested zoning designation is generally consistent with the Comprehensive Plan designation, and provides some variety of zoning in this area. • Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The applicant is proposing to extend one existing stub street from the south and construct another stub street to the underdeveloped parcel to the southwest. Staff believes that the applicant's proposal will enhance connectivity and traffic flow in this area. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family developments as a Nursery Subdivision AZ-06-038, PP-06-036 PAGE 6 CITY OF MERIDIAN PLDEPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 5, 2006 Permitted Use in the R-8 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. Common driveways (Lots 4 and 5 Block 1, see note 12 on Plat): UDC 11-6C-3D describes the standards for common driveways. All common drives proposed by the applicant should meet the standards as described in the UDC. These standards are listed below: 1. Maximum dwelling units served: Common driveways shall serve a maximum of four (4) dwelling units. 2. Width standards: Common driveways shall be a minimum of twenty feet (20') in width. 3. Maximum length: Common driveways shall be a maximum of one hundred fifty feet (150') in length or less, unless otherwise approved by the Meridian City Fire Department. 4. Improvement standards: Common driveways shall be paved with a surface capable of supporting fire vehicles and equipment. 5. Abutting properties: Unless limited by significant geographical features, all properties that abut a common driveway shall take access from the driveway. 6. Turning radius: Common driveways shall be straight or provide atwenty-eight foot (28') inside and forty-eight foot (48') outside turning radius. 7. Depictions: For any plats using a common driveway, the setbacks, building envelope, and orientation of the lots and structures shall be shown on the preliminary and/or final plat. 8. Easement: A perpetual ingress/egress easement shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 9. Alternative compliance: The Director may approve or recommend approval of alternative design or construction standards when the applicant can demonstrate that the proposed overall design meets or exceeds the intent of the required standards of this Section and shall not be detrimental to the public health, safety, and welfare. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION AND ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan, and the surrounding land uses and zoning, staff believes that the requested R-8 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (prepared on June 15, 2006, by James J. Howard, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. PRELIlVIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposal with the Unified Development Nursery Subdivision AZ-06-038, PP-06-036 PAGE 7 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HEG DATE OF DECEMBER 5, 2006 Code, staff believes that this is a good location for the proposed single-family residential development. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Landscaping: The landscape plan prepared by Brooks Design Group, on 8-7-06, is approved with the following modifications/notes: • The proposed micro pathway (not shown on submitted landscape plan) that connects Katsura Street to Linder Road shall be constructed in accordance with UDC 11-3A-8. All landscaping adjacent to the pathway shall meet the requirements outlined in 11-3B-12. (Note: Micro paths above sewer or water lines are not required to have trees) • Per UDC 11-3G-3A, set aside at least 5.97% (0.33 acres) of the site for useable open space, as proposed. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Ekoy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Lot Size/Building Envelope_ Lot 1, Block 2 and Lot 7, Block 2 are irregular in shape. Due to required setbacks and the 20 foot irrigation easement that runs along the southern boundary of this project these lots will contain building envelopes of questionable size and shape. Staff recognizes the design constraints on this entire parcel but feels that the applicant should provide, at the public hearing, some assurance that these are viable lots (e.g. - an exhibit showing how structures could be situated on these lots, and what size footprint is available on these lots). Storm Drain Lot_ Staff is concerned about the storm drain lotlcommon area (Lot 18, Block 1) behind Lot 20, Block 1. As proposed the only access to this storm drain lot is through an easement across Lot 20, Block 1, which is asingle-family buildable lot. Staff is not supportive of encumbering asingle-family lot with an access easement for ACRD. Further, ACHD standards (Section 8009-1-2) will not allow the storm water pipe and sand and grease trap to be placed in a buildable lot as proposed. Due to this requirement ACHD will require the proposed easement access to be placed within the common Lot 18, which will reduce Lot 20, Block 1 in size by more than 900 square feet. This size reduction will bring Lot 20 below the 5,000 square foot minimum that is required in the R-8 zone. Staff recommends that this area of the plat be redesigned to accommodate these required changes. (see Public Works condition 2.2, in Exhibit B) The applicant has submitted a proposal to redesign this area which adequately addresses the concerns raised above. Ten full-size and one 8.5" x 11 "copy, as well as new pdf and jpg copies of a revised preliminary plat that incorporates the proposed redesign should be submitted to Staff at least ten days prior to the City Council hearing for this project Additional Right-of-Way_ ACHD is requiring an additional 18 feet of right-of-way to be dedicated along Linder Road. This will have a significant effect on the location of the required 25 foot landscape buffer along Linder Road, and Lots 18 and 20, Block 1. The Nursery Subdivision AZ-06-038, PP-06-036 PAGE 8 CITY OF MERIDIAN PLANNIEPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 5, 2006 applicant should be required to redesign this area of the plat to show the additional right- of-way and new location of the landscape buffer. NOTE: This change and the change required in the Storm Drain Lot analysis above, may result in the loss of Lot 20, Block 1. The applicant has submitted a proposal to redesign this area which adequately addresses the concerns raised above. Further, the applicant has retained Lot 20, Block 1, but it has been reduced in size from 5,546 square feet to 5,097 square feed Ten full- size and one 8.5" x II "copy, as well as new pdf and jpg copies of a revised preliminary plat that incorporates the proposed redesign should be submitted to Staff at least ten days prior to the City Council hearing for this project Irrigation Easement_ An existing 20 foot wide easement in favor of the Nampa Meridian Irrigation district runs along the southern boundary of this project. This easement affects eight buildable lots (Lots 1-7, Block 2 and Lot 1, Block 1). In a letter dated August 15, 2006 the Nampa Meridian Irrigation District stated that "this easement must be protected and any encroachment without a signed license agreement and approved plan, before any construction is started, is unacceptable." (See Exhibit B for all of NMID's requirements.) As proposed, the applicant shows each of the above mentioned lots with a portion of this easement in the rear yard. Staff will allow this layout, provided the Applicant is able to obtain a license agreement from the irrigation district to construct fencing and some landscaping within this easement. If the license agreement is not obtained, and the plat is approved as proposed, the future homeowners will be unable to fence-off their property into the easement area, and each homeowner will be responsible to maintain the easement area that is part of their property. Further, the future homeowners will be paying taxes on property that they can not customize as their own. To avoid this staff recommends that this easement area be placed into a common lot if a license agreement is not obtained. As a common lot the easement area would be maintained by the home owners association rather than separate property owners. NOTE: If said license agreement is not obtained, some of the proposed lot lines may need to be adjusted to meet the minimum 5,000 square foot lot size minimum of the R-8 zone. (see Public Works condition 2.1 and the Planning Department's condition in Exhibit B) In a letter dated November 8, 2006 the Nampa and Meridian Irrigation District (NMID) stated that, after preliminary review, they believed that "a fence placed fifteen feet from the %nnedy Lateral ... would be acceptable."The main reason that this project was continued was because the Commission wanted to know whether or not a license agreement could be obtained for this area. It appears that a license agreement may be obtained, but it does not appear that NMID will allow fences to encroach very far into the existing easement This letter from NMID does not fundamentally change Staffs analysis above, but it also does not fully answer the question. Staff still believes that any part of the said irrigation easement that does not have a signed license agreement should be placed in a common lot to be maintained by the home owners association. Staff has updated the Condition below Common Areas_ Maintenance of all common areas should be the responsibility of the Nursery Subdivision Homeowners Association. Stub Streets_ The applicant should be required to provide a public stub street to Parcel #51213233965, the Calhoun property, as proposed. Common Drive_ The common drive proposed for Lots 4 and 5, Block 1 should be design in accordance with UDC 11-6C-3D. Nursery Subdivision AZ-06-038, PP-06-036 PAGE 9 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 5, 2006 Existing Residences/Buildings_ The site currently contains multiple buildings. The existing buildings span across proposed lot lines and do not meet setback requirements of the requested zoning. Therefore, all existing buildings should be removed/re-located in accordance with the building setbacks of the R-8 zone, prior to signature of the fmal plat by the City Engineer. Emergency Vehicle Turnaround- The current design of the cul-de-sac at the west end of W. Katsura Street does not meet Fire Department standards for an emergency vehicle turnaround. The applicant should work with the Fire Department to ensure that the cul- de-sac meets Fire Department standards. Fencing No fencing is shown on the preliminary plat or landscape plan. The applicant should submit a detailed fencing plan with the fmal plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All perimeter fencing must be completed prior to issuance of building permits. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. Fencing adjacent to all micro pathways and common areas is also required; this fencing should be constructed as six foot open vision or four foot solid. All fencing shall be installed in accordance with UDC 11-3A-7. Pressure Irrigation- The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the fmal plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Ditches, Laterals, and Canals; As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. The Kennedy Lateral runs along the southern portion of this site. The lateral has been partially piped in this area and the applicant intends to pipe the remaining portion of the lateral that runs through this site. b. Staff Recommendation: Based on the above analysis, staff finds that applications AZ-06-038 and PP-06-036 substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends approval of said AZ and PP applications subject to the conditions listed in Exhibit B. The Meridian Planning and Zoning Commission heard these items on November 16 2006 At the public hearing they moved to recommend approval The Meridian City CoLncil heard the e items on December 5. 2006. At the nnblic h .arinu they annroved the nroiect. with no 11. E~~ITS A. Drawings Nursery Subdivision AZ-06-038, PP-06-036 PAGE 10 CITY OF MERIDIAN PL?sEPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 5, 2006 1. Preliminary Plat (Dated: November 22, 2006, Revised) 2. Landscape Plan (Dated: August 7, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Nampa/Meridian Irrigation District 9. Central District Health Department C. Legal Description D. Required Findings from Unified Development Code Nursery Subdivision AZ-06-038, PP-06-036 PAGE 11 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 5, 2006 A. Drawings 1. Preliminary Plat (November 22, 2006, Revised ~ e ~i ~ ' ~~ ~ ~ ~ gi i ~ ~~~~~~1 i ~~ii~~~ ~ ~ ~~ ~~~ ~ ~~'~ !! ~ -Il!~.~~ ~ ~~ a ~~ ~ ~~ ~ ~ ~ n o ~_ C~ ~~ ~~~ $; ,_ II ~ ~~~~"~I ~ ~~~ sue' ~ ~ ul; ~ s i 8 B5~ ~ ~~~~ ~g~9~~~ x ~ ~ A ~~y g ~ ~ ~~ ~ a ®e ~ ,~ ~ ~~~ 5~~ ~ ~~ ~~ $~ ~ ~ ~ ~ ~ ~ ~~ ~~ ~ ~~. ~~ ~~ ~~ A ~ ~ ~ ~ r e ~ py'y ~ i 6 e~ s k a r I I - r > / b '°N 9hU ~ ~ I t ~ ~ ~ ~ ,l ~ 1~ ~~~~` ~ 'r i ~~ ~ JP ~ , \ ' I ~~ ° ¢ M1 gg \ 1 ~ l Q~ t f ~ J/ y ~.. .. } l m F / ~ l ` } ~~ ` b ~ 1a !f ~ ~ /A ~ 1 ~° ~ ti a~ , ~ ~~ ~ ~ ~ ~ 1 , ~~ l I F ~~ ~ ' ,' o ~~ i I p 8 1 ~ 1 r t ~g ~ ~~ Id1 ,~, / D D_ m ~$ 1 ~ " i ~ 1 + ~ g ~ ~ ~ Y ~ ..~ z ' ~ ``~ I ~ fF d ~/~ D o ~ ~ ~ ~ ~~ ~ 3 { . ~ f ~~ ~~ ~d '~~ J m ~1 r r f a ~~_ ~ ,`~ + i f ~, , I ~ I ~ ~ ~p \ ~ 1 ~. ~ ~ ~ r -t - - + t r `, 1 I ~ fi ` ~ 1 r~~ ~ ~ ~~~ ~ `~,~) 11 I i ~ I } ~ ~~ I ~ I (( ~ ~ r ® g I T I ~, I 1@~a141 t ~ >, 3!j ~ N r aI ~ r ! I ~ ~ i r / ~ ~ .~ gyp,, \~ ` '/ ~ ~ I I B ' ~~ f t Rd i ~ ~ " ~ a ~ 9 I 4 ^a t,b g I ~j ~_ '~tp_ i ._.._.~q. ~.- ~_T__._.-.______ .-yD~W-__~.__ __ -'i6--_.~__~___ di ~ / ~ ~ ` Exhibit A CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 5, 2006 2. Landscape Plan (Dated: August 7, 2006) ~Il . ~. 00F696SH1J i064U5!R'V N ALRtlt :i.~ ~:j: ~,~~~•~ uolstnlQa[ns ~[x~stlnnc ~ ~ . ;~ ~ dnaxa xsis~a sxooaa _ N9'[d 3dY~SQNYI 1 / ~C ~ .^v~11 f ~l '~ r _/ i } ~ a ~~ ~1 i ~~ ~e~ ~. I ~ t ~`.~/1 ~ t ~ I `, < y ~~ ~ ~. ~\ r ' 1 ~ < l ~ ~~ ~1 i ~, ~ , ~ ~ f `d ~' ~~~ §g i ~ b 'oN 9P11MM 3H1 ~' ~~ .' yZj g ~ 0. /. Q 2 s ~, ~ ~ / ' E. . ~ !4 J ~ 3; i r ii ~~ ~: ~ N 3~7At ~ ~t ~ S ~\ a >+i ~ o0 P zU - n ~u t~ IQ t~ u 0 >U d -. a .i a ~ V ~< ~~~;~ L ~~~ y gg Ya ggg~g IF ~ ~3E ~~d ~ pp~ $e n H $~~ ¢~~ It ALE a~ ~~ ~ i ~ =a~-~ ~ ~' a F a~ ~ ~ ~~~~° r~gq ~e ~ a F ~ ~ ~~~ ~ ~` ~ ~ ~ ~~~~ ~R ~ ~~~ L ~ q N ~ - _ S ~ gja ~' R ~ ~ @Pn c~ ~~W ... '~ i~~~i ~~ ~~i ~ ~~: ~~ ~ ~O 1 1 •~/' t /~~..i" ~ . r~ M~1 ~~ ~ y i 9~ ~ 7h, i~~ ~ ~t ~ fX ~~~ Exhibit A -~ -~ ovoa a3on~n -s CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 5, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (prepared on June 15, 2006, by James J. Howard, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of submittal. 1.2 SITE SPECIFIC REQUIltEMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet 1, prepared by J.J. Howard Engineers, dated November 22. 2006 (Revised) is approved, with the conditions listed herein. All comments and any provisions of the accompanying Annexation and Zoning application (AZ-06-038) shall also be considered conditions of the Preliminary Plat (PP-06-036). 1.2.2 The landscape plan prepared by Brooks Design Group, on 8-7-06, is approved with the following modifications/notes: • The proposed micro pathway (not shown on submitted landscape plan) that connects Katsura Street to Linder Road shall be constructed in accordance with UDC 11-3A-8. All landscaping adjacent to the pathway shall meet the requirements outlined in 11- 3B-12. (Note: Landscaping adjacent to micro paths above sewer or water lines are not required to have trees, but shall be landscaped with grass and other Public Works allowed landscape materials.) • Per UDC 11-3G-3A, set aside at least 5.97% (0.33 acres) of the site for useable open space, as proposed. • Add the requirement fora 25-foot wide landscape buffer along Linder, EXCLUSIVE of ROW. • Per UDC 11-3B-10, the applicant shall work with the City Arborist, Ekoy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.2.3 The storm drain easement encroaching on Lot 20, Block 1 shall be placed into a common lot (or included within the boundaries of Lot 18, Block 1, which is also a common lot) and maintained by the Nursery Subdivision Homeowners Association. Lot 20, Block 1, and all buildable lots shall be designed to meet the minimum lot size requirements in the R-8 zone. 1.2.4 Prior to submittal of the final plat application the applicant shall be required to redesign Lots 18- 20, Block 1 to reflect the additional right-of--way required by ACHD for Linder Road, and the new location of the required 25-foot wide landscape buffer. All dimensional standards, open space requirements, landscaping requirements, or any other standards contained in the UDC shall apply to the redesigned plat. NOTE: This may result in the loss of one buildable lot in this area. Submit ten full-size copies, one 8.5" z 11" copy and a jpg and pdf copy of a revised preliminary plat to the Planning Department a minimum of ten days prior to the City Council hearing. Exhibit B CITY OF MERIDIAN PL?SEPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 5, 2006 1.2.5 Prior to signature of the final plat by the City Engineer, the applicant shall submit a signed license agreement with Nampa and Meridian Irrigation District which allows the individual lots on the south side of this plat to fence and landscape to their south properly line. If the applicant can not obtain said license agreement, or can only obtain a license agreement to encroach into a portion of the easement, the plat shall be revised to include any easement area, without a signed license agreement, within a common lot to be owned and maintained by the HOA. All buildable lots must comply with the minimum dimensional standards of the UDC. 1.2.6 Maintenance of all common areas shall be the responsibility of the Nursery Subdivision Homeowners Association. 1.2.7 Provide a public stub street to Parcel #S 1213233965, the Calhoun property, as proposed. 1.2.8 The common drive proposed for Lots 4, and 5, Block 1 shall be designed in accordance with UDC 11-6C-3D. Lots 4 and 5, Block 1 shall maintain at least 15 feet of public street frontage (flag) and the common driveway easement shall be depicted and explained on the face of the final plat; building setbacks should be measured from the edge of the common driveway easement or property lines, whichever is more restrictive. In accordance with UDC 11-6C-3D7, depict the required setbacks, building envelopes, and orientation of the lots and structures on Lots 4 and 5, Block 1, on the face of the final plat. In accordance with UDC 11-3C-6, provide each single- family detached dwelling with atwo-car garage and a 20' x 20' parking pad between the garage face and the common driveway (the asphalt for the common driveway shall not count towards the required parking pad area.) 1.2.9 All buildings that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to signature of the final plat by the City Engineer. 1.2.10 The current design of the cul-de-sac at the west end of W. Katsura Street does not meet Fire Department standards for an emergency vehicle turnaround. The applicant shall work with the Fire Department to ensure that the cul-de-sac meets Fire Department standards. 1.2.11 Fencing adjacent to all micro pathways and common areas shall be constructed as six foot open vision or four foot solid fencing. All fencing shall be installed in accordance with UDC 11-3A-7. 1.2.12 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. 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 construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 1.3 GENERAL REQUIltEMENTS PRELIMINARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed Exhibit B CITY OF MERIDIAN PLASEPARTMENT STAFF REPORT FOR THE HEG DATE OF DECEMBER 5, 2006 to all landscape azeas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.4 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. 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. 1.3.5 The applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporazy construction fencing to contain debris must be installed azound the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 There is a 20-foot wide Nampa and Meridian Irrigation District easement shown on the southerly boundary of this development. Prior to final plat signature the applicant shall submit a signed license agreement with Nampa and Meridian Irrigation District allowing the individual lots to fence to their property line. OR revise the plat to include that easement in a common lotto be owned and maintained by the HOA. If the latter of the two is chosen, all lots must still comply with the minimum dimensional standazds of the UDC and the plat must still be in substantial compliance as determined by the Planning Director. 2.2 The applicant shall include the storm drain easement on Lot 20 Block 1 into a common lot per ACHD policy 8009.1.2 which specifically requires all stormwater facilities to be located within the right-of--way or a common lot. 2.3 Sanitazy sewer service to this development is being proposed via extension of mains that flow to the Landing Lift Station. The applicant shall be responsible for any upgrades to the lift station that aze deemed necessary by the City Engineer. 2.4 The applicant shall be required to wait till the Black Cat Trunk connects to the Glacier Spring Diversion Manhole or install an "Off-peak pumping Station" in a location coordinated with the Public Works Depaztment. The stations design and capacity shall be coordinated with the Public Works Department, the design shall include communication capabilities that aze consistent with the City of Meridian's SCADA system, and odor control. This condition maybe rescinded by the City Engineer if new information azises from ongoing modeling exercises or other subsequent sources. 2.5 The applicant shall install all sewer mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standazd forms of easements for any mains that aze required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standazd Specifications. Exhibit B CITY OF MERIDIAN PL?DEPARTMENT STAFF REPORT FOR THE HEG DATE OF DECEMBER 5, 2006 2.6 A 14-foot wide all weather access road shall be required to all manholes not located within the right-of--way. The applicant shall be responsible to coordinate with the Planning Department to comply with this condition and meet all landscaping ordinances/requirements. 2.7 Water service to this site is being proposed via extension of mains in Tylee Way. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.8 The City Engineer has determined that due to the number of lots on this site a second water connection shall be required. This connection can be by enlarging the common lot that contains the sewer main and installing the water main in the common lot; or by acquiring an easement through the property to the south and connecting to S. Linder Road. 2.9 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.10 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.11 The applicant has indicated that the Homeowner's association will own and operate the pressure irrigation system in this proposed development. Since it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. 2.12 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.13 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.14 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.15 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.16 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate iirigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.17 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. Exhibit B CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEG DATE OF DECEMBER 5, 2006 2.18 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.19 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.20 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 fmal plat. 2.21 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.22 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.23 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.24 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.25 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.26 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.27 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 An emergency vehicle turnaround is required at the terminus of Katsura Street. The turnaround shall be designed in accordance with fire department standards. 3.3 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.4 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. o, Fire hydrant markers shall be provided per Public Works specifications. Exhibit B CITY OF MERIDIAN PLASEPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 5, 2006 d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.5 All entrance and internal roads, alleys, and cul-de-sacs shall have a turning radius of 28' inside and 48' outside radius. 3.6 Requirements for dead-end fire apparatus access roads that are between 500'-750' in length. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 26' wide. Streets with less than a 35' street width shall have no parking. Streets with less than 39' shall have parking only on one side. These measurements shall be based on the face of curb dimension. Special approval required over 750' IFC Table D103.4. The roadway shall be able to accommodate an imposed load of 75,000 GVW. Due to the 1,100 foot block length, parking shall be limited to one side. 3.7 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.8 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. POLICE DEPARTMENT 4.1 All interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.2 The micro paths shall be adequately lit to afford greater visibility of the site as policed from the public street. 4.3 The shrubbery along the micro-pathways shall not exceed two feet in height at maturity. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of Trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. SANITARY SERVICE COMPANY 6.1 SSC has no comments related to this application. 7. ADA COUNTY HIGAWAY DISTRICT Exhibit B CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 5, 2006 7.1. SITE SPECIFIC REQUIREMENTS 7.1.1 Dedicate 48-feet of right-of--way from the centerline of Linder Road, an additional 18-feet. ACRD will purchase the additional right-of--way to be dedicated and will not compensate for the existing right-of--way. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 7.1.2 Construct a 36-foot street section within 50-feet ofright-of--way complete with curb, gutter and 5- foot attached concrete sidewalk for Katsura Street. 7.1.3 Construct a standard cul-de-sac turnaround at the terminus of Katsura Street. Construct curb, gutter and sidewalk around the perimeter of the cul-de-sac except for the stub street location. 7.1.4 Extend a stub street into the site from the south, South Tylee Way, located approximately 200- feet west of the east property line (measured property line to centerline). Construct a 36-foot street section within 50-feet of right-of--way complete with curb, gutter and 5-foot attached concrete sidewalk for South Tylee Way. 7.1.5 Construct a stub street to the south, Katsura Street, located approximately 130-feet east of the west property line (measured property line to centerline). This stub street shall align with and connect to a future street to the south of the subject site. 7.1.6 Linder Road is classified as an arterial roadway: all access points to Linder Road will be closed: direct lot access to Linder Road is prohibited and should be noted on the final plat. The applicant is required to close all existing access to Linder Road (including lot 20) and access the internal public streets. 7.1.7 Comply with all Standard Conditions of Approval. 7.2 GENERAL REQUIREMENTS 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable Exhibit B CITY OF MERIDIAN PLAEPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 5, 2006 requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. NAMPA/MERIDIAN IRRIGATION DISTRICT 8.1 Aland use change application must be filed, for review, prior to final platting. 8.2 All laterals and waste ways must be protected. 8.3 The District's Kennedy Lateral courses along the south boundary of this proposed project. This easement must be protected and any encroachment without a signed license agreement and approved plan, before any construction is started, is unacceptable. 8.4 All municipal surface drainage must be retained on site. 9. CENTRAL DISTRICT HEALTH DEPARTMENT 9.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 9.2 The following plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage and central water. 9.3 Run-off is not to create a mosquito breeding problem. Exhibit B CITY OF MERIDIAN PL?DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 5, 2006 C. Legal Description ANNEXATION DESCRIPTION FOR PROPOSED NURSERY SUBDIVISION A parcel of land lying in the NWI/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, said parcel being more particulazly described as follows: Commencing at a Brass Cap mazking the NW Corner of said Section 13, said Brass Cap bears N.00°00'35"W. 2657.33 feet (formerly 2657.54 feet) from a 5/8 inch rebaz marking the W 114 Corner of said Section 13; thence 5.00°00'35"E. 1862.31 feet (formerly I862.19 feet) along the West line of the said NW 1/4 of Section 13 and along the centerline of S. Linder Road to a point mazking the SW Corner of The Landing Subdivision No. 2, records of Ada County, Idaho, said point being the POINT OF BEGINNING; thence 5.89°49'00"E. 30.00 feet along the south boundary of The Landing Subdivision No. 2 to a point lying on the east right of way of said S. Linder Road, Thence continuing S.89°49'00"E. 960.16 feet along the south boundaries of The Landing Subdivision No. 2 and The Landing Subdivision No. 3 to a point lying on the westerly boundary of The Landing Subdivision No. 4; Thence 5.00°00'35"E. 381.34 feet (formerly 379.61 feet) along the said westerly boundary of The Landing Subdivision No. 4 to a point lying on the northerly boundary of The Landing Subdivision No. 7, and lying on the centerline of the Kennedy Lateral; Thence along the said centerline of the Kennedy Lateral the following courses and distances: N.60°43' 10"W. 164.27 feet (formerly 164.23 feet) along the said northerly boundary of The Landing Subdivision No. 7 to a point; Thence N.81 °30'40"W. 597.88 feet, a portion of this distance being along the said northerly boundary of The Landing Subdivision No. 7, to a point; Thence N.77° 14'25"W. 98.02 feet to a point; Thence N.56°05'40"W. 156.62 feet to a point lying on the said east right of way of S. Linder Road; Thence continuing N.56°05'40"W. 3b.15 feet to a point lying on the said West line of the NW 1 /4 of Section I3 and lying on the said centerline of S. Linder Road; Nursery Sub ANNF.XAl'ION description 0614061mm.doc Exhibit C CITY OF MERIDIAN PLAEPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 5, 2006 Thence leaving the said centerline of the Kennedy Lateral, N.00°00'35"W. 86.73 feet (formerly 87.42 feet and 85.34 feet) along the said West line of the NW 1/4 of Section 13 and along the said centerline of S. Linder Road to the POINT OF BEGINNING. Said parcel contains 5.59 acres, more or less, and is subject to all existing easements and right-of--ways of record or implied. VAL BY N4 W ORKS DEP11` Nursery Sub ANNEXATION description U614061mm.doc Exhibit C CITY OF MERIDIAN PLANNIEPARTMENT STAFF REPORT FOR THE HEG DATE OF DECEMBER 5, 2006 s s a s N M ~tCWBI 3 ,STd p~y S~ S~N153 ~ypie7~~ua z o x Exhibit C CITY OF MERIDIAN PL?DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 5, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-8. Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of this Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council fmds that single-family residential uses are allowed within the requested zoning district of R-8 as a Principally Permitted Uses. The accompanying plat demonstrates the land will be developed with varying lot sizes and other dimensional requirements which conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council fmds that the proposed zoning amendment will not result in any adverse impact upon delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. 5. The annexation is in the best of interest of the City (UDC 11-5B-3.E). Council fmds that all essential services will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan; and this is a logical expansion of the City limits. In accordance with the findings listed above, Commission fmds that Annexation and Zoning of this property to R-8 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Commission supports the proposed density and proposed plat Exhibit D CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF DECEMBER 5, 2006 layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services can be made available to accommodate the proposed development. (See Finding Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, Council fords that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Council is not awaze of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. Council is unawaze of any natural, scenic, or historic features on this site. Therefore, staff fords that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of maj or importance of which staff is unawaze. Exhibit D December 15, 2006 MERIDIAN CITY COUNCIL MEETING December 19, 2006 APPLICANT ITEM NO. 6-H REQUEST Approve Adult Business License Renewal for Paul McLeod /Valley Video at 433 N. Main Street: AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the C(ty of Meridian. December 15, 2006 MERIDIAN CITY COUNCIL MEETING December 19, 2006 APPLICANT ITEM NO. 6-I REQUEST Approve Pawnbrokers License Renewal for Terry Stewart / Benny's Pawn at 451 N. Main Street: 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. ~ 4 p~cer~k~er 15, L006 !~!!~~lCal4P+! ~lTY ~~"~!~-h~t`~'!L ~ti~~lt~~ !=?~c~°~i".r1~i~r 1 ~, ',?(~~i i~P!'I i%.t1NT lTE~1r1 l~C~. ®E~U~~T A~pr~~Fe °~~n;r~~r~~ers Lieenae P.e~e~nr~! i~}r Pau! VV~t~e~r, L°~, !nom PJ~et~d~er~ Cain ~ ~a~~~t~ cfi l~~: "a. ~~,~ain Sfireet: n~3=NC~`Y ~iTY ~'i_,vi~iivii~d~ i=ii~Ece.TC)~: ~i i y ~i~iii~~ ~~~'T: i,~iTY ~l~~ ~~GT~ C'siY t3i..39L~ii~dt~ ~~~T: r~iTY ~~Tt~ J~i='T: ~6TY ~~'v'+i~~ 3-3E~T: :..l'f 4''.i~;l~.~ ~Ei'1: ivl~hi~73,vi~~ ~~Fl~C~L ~i~~2lCfi: ;~i;~ S..L1EJhlI E-liC~l-t^!°'f Ll~I~:iL:T: ~vi~!lTA~:Y ~~~Vii~~ ~~ivl~tePdY t~~6tiT~~LLf~TF:I~..: i--l3=pLT?i: hS~>1rir~r~ ivsE~i~i~ii~i iR~3~,4Ti~ji~!: 4 +e:~~ CITt-lF~?; 1__S_ ~.C7I IlUC~t~ : uc7 i rte: i'ilc-3~i~: C~~El~~: .,..e.. 77 s7 si...ii3. a _.c_. a_ ._ _ _ _ n _ ~.a _ - ,+_~t_aae~45~4s ~sf~~~4~rzc# ~9 ~sd~cx47r- gri~~49f4~8 ~~a~A9 ~?~~~*74' ~~~~v~~ ~*9 rr g C.99*~A t39 ~4? _ . .4!_ C:c'=SAE!lyiENTS ~®,~ December 15, 2006 MERIDIAN CITY COUNCIL MEETING December 19, 2006 APPLICANT ITEM NO. 6-K REQUEST Approve Beer & Wine License Transfers of Ownership from Dancing Dog,LLC to Dancing Dog Coffee House, LLC for Dancing Dog Coffee House at 10 West Franklin 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 Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the Clly of Meridian. pecember 15, 2006 • MI ob-004 MERIDIAN CITY COUNCIL MEETING December 19, 200b APPLICANT Valley Shepherd Church 8~ Shepherds Creek, LLC ITEM NO. 6-~ REQUEST Second Addm to Development Agreement -- Request for a Modification to the Development Agreement to allow a residential subdivision and a church on 32.45 acres for Shepherd Creek Subdivision - 2475 South Meridian Rood AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: /J 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: >~ Phone: ~~ ~-- ~~ci ~(~ AQA COUNTY RECO J. DAVID NAYARRO AMOUNT .00 . BOISE IDAHO 01104 Ii0 PM RECO DEQ nREQUEST OIF ~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ III Meridian City 1 E17001 S70 SECOND ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Valley Shepherd Church of the Nazarene, Inc., Owner/Developer 3. Shepherd's Creek, LLC, Owner/Developer The following is an addendum to that certain DEVELOPMENT AGREEMENT, recorded on the February, 22, 2001, and the first addendum to Development Agreement recorded on August 14, 2003. This second addendum is made and entered into this day of ~-2Celrh,l~~iy , 2006, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Valley Shepherd Church of the Nazazene, Inc., whose address is 831 North Main Street, Meridian, Idaho 83642, and Shepherd's Creek, LLC, whose address is 10280 Ustick Road, Boise, Idaho 83704 hereinafter called OWNER/DEVELOPERS. OWNER/DEVELOPERS agree to be bound by the terms of the original Development Agreement, recorded on February 22, 2001 as instrument #101015259, and the First Addendum to Development Agreement, recorded on August 14, 2003 as instrument #103137111 on the land described in Exhibit "A", except as specifically regazding 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, recorded on February 22, 2001, as instrument #101015259, Exhibit "B" and the First Addendum to Development Agreement recorded on August 14, 2003 as instrument #103137111, Exhibit "C", or those City ordinances in effect at that time any subsequent conditional use application is filed, whichever are more restrictive. 2. That the requirements and restrictions of the above described Development Agreement, Exhibit "B", and First Addendum to Development Agreement, Exhibit "C", be modified as follows: Page 4, Item 4-1- "The uses allowed pursuant to this Agreement aze only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code 11- 7-2 (D) which aze herein specified as follows: Construction and development of a church and multi-purpose facility and development of single family residences on 12 acres that comvlies with the lot size frontage and density standards of the R 8 zone with a mnumum house sauaze footage of 1400 squaze feet which conforms to the R-4 zone.. 3. That Owner/Developers agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation of the Owner/Developers, or their ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-004 SHEPHERD CREEK SUBDMSION) PAGE 1 OF 5 • assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 4. This addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This addendum shall be binding on the Owners 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/Developers, to execute appropriate and recordable evidence of termination of this addendum if City, in its sole and reasonable discretion, had determinedthat Owner/Developers have fully performed its obligations under this Addendum. 5. If any provision of this addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 6. This addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developers and City relative to the subject matter hereon, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developers and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this 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 (MI 06-004 SHEPHERD CREEK SUBDMSION) PAGE 2 OF 5 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER/DEVELOPERS: SHEPHERD'S CREEK, LLC Attest: ~~~~ WILLIAM G. BERG, JR., VALLEY SHEPARD CHURCH OF THE NAZARENE BY: ~~ , '"~ ;' CITY OF MERIDIAN BY: ~ ° ~~~ MAYO de WEERD s e ~~ ,° ~~ ~~ - ~° ~~ m e ~,° `~ _~~~; ADDENDUM TO DEVELOPMENT AGREEMENT (NII 06-004~5`~$~RD CREEK SUBDIVISION) PAGE 3 OF 5 STATE OF IDAHO ) . ss: County of Ada On this ~ day of , 2006, efo a me, th undersigned, a Notary Public in and for said State, personally appeared - on behalf of Shep er 's r LI,C, known or identified to me to the .~P of said `~ '`~"~ihecu~ed the instrument on behalf of said cor ration, and acknowledged to me that he executed the same. IN V~T~'F1~PE~S~~~HEREOF, I have hereunto set my hand and affixed my official seal 0 the day,a~~•fcate first above written. • ,~ •. . ~ ~+ p'f AR ~, ~ ~ ~ .,~.r • - ~SE~~ ';~ P p gL~'G ~: 0 ~~'.,~1'®0••...N~.~ P+2+o0~~~ Notary Pub for I o ~''%`~TB OP 1~++`+ Residing at: tie ®®+~r~e~u~..+r My Commission Expires: - ~ ^ f9~7 STATE OF IDAHO ) . ss: County of Ada ) On this ~ ! ~`' day of dw- , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared ~~..-vr-ld .D. ~L~~„~w, on behalf of Valley Shepherd Church of the Nazarene, known or identified to me to be the ~-sue of said church, who executed the instrument on behalf of said church, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal th~'c~ay~y~r in this certificate first above written. ti°~® ~°'®~''~~ * S~~~~ j'' ~ S ~ o ublic for Idaho 5 ~, ~~®1.tG ® Residing at: ~-~-~~,. ~ ~j Aq ®`•y A ~'~e°°'° My Commission Expires: ~s~ ~i~~' ADDENDUM TO DEVELOPMENT AGREEMENT (1VII 06-004 SHEPHERD CREEK SUBDIVISION) PAGE 4 OF 5 STATE OF IDAHO ) ss County of Ada ) On this ~ t~_ day of ~'PXl'~bPX-- , 2006, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~,~ ®T s '~' ,~E, I 0 ~ rn rrt ~ J~i~.+~~ Notary Public for Idaho Residing at: (~'y 1 [~i I~ I 1 1 ~ IIU Commission expires:. I(~) 1-1 ADDENDUM TO DEVELOPMENT AGREEMENT (1VII 06-004 SHEPHERD CREEK SUBDIVISION) PAGE 5 OF 5 EXHIBIT A Legal Description Of -Proper ~ . A tract of land located in the Northeast one-quarter of the Southeast one-quarter of Section 24, To~mship 3 North, Range 1 West, Boise-Meridian, ,Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of the Southeast one- quarter of said Section 24, thence along the easterly line of said Southeast one-quarter South 00°-37'-31" West a distance of 188.40 feet to a steel pin located at the Southeast corner of that property conveyed to William O. Aaron and jean L. Aaron, husband and wife, in that warranty deed recorded July 19, 1985 as Instrument No. 8537566, Records of Ada County, Idaho, said point being the POINT OF BEGINNING. Thence siong the southerly line of said Aaron tract, North 87°-OS' West a distance of 94.40 feet to a steel pin; Thence continuing along the southerly line of said Aaron tract, North 89°-58'-30"'West a distance of 1231.55 feet, more or less, to the Southeast corner thereof, said point being on the westerly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along said westerly line South 00°-29'-O1" West a distance of 1142.52 feet, more or less, to the Southwest comer of the Northeast one-quarter of the Southeast one-quarter of said . Section 24; Thence along the southerly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24, South 89°-55'-18" East a distance of 1323.03 feet, more or less, to the Southeast corner of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along the easterly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24, North 00°-37'-31" East a distance of 1142.10 feet, more or less, to the POINT OF BEGINNING. The above described tract of land contains 34.84 acres, more ar less, subject to all rights-of--way and easements. ~ ~ i ~~~ c~~-~~Y ~~co~o~~ ~£l~l F~ 22 P1 I~ ~3 DEVELOPMENT AGREEMENT ~ ~©~~~ - au~~T~,~,~ ~~c~ ~ ~~p~~~ ., ~~(~ i0~Q~5259 PARTIES: 1. City of Meridian 2. Valley Shepherd Church of the Nazarene, Inc., Owne~/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"}, is made and entered into this. /9'`-~` day of c~Q'r~uaf-y , Zav! , by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and VALLEY SHEPHERD CHURCH OF THE NAZARENE, INC., hereinafter called "OWNER°'IDEVELOPER", whose address is 831 East First Street, Meridian, Idaho 83642. 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, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and I.2 WHEREAS, I.C. §G7-65I IA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner" or "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-I 6-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner" J"Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of R 8 Medium Density Residential District, {Municipal Code of the City of Meridian}; and DEVELQPMENT AGREEMENT {AZ-00-018} - 1 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 I.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Pxoperty" held before the Planning &, Zoning Commission, and subsequently before the City Council, .include responses of government subdivisions providing ser~rices within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the G'~° day of ~Ta~.u~1~~ 20 v l ,has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"}; and I.8 WHEREAS, the "Findings" require the "Owner"/"Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER"/"DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner" I"Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning DEVELOPMEN f AGREEMENT (AZ-00-01 S) - 2 designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title I2. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, orgaxuzed 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 Valley Shepherd Church of the Nazarene, Inc., whose address is 831 East First Street, Meridian, Idaho 83642, the party developing said "Property" and shall include any subsequent owners}Ideveloper(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", attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT (AZ-00.418) - 3 i 4. USES PERMITTED BY THIS AGREEMENT: 4.I The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code Section I I-7-2 (D) which are herein specified as follows: Construction and development of a church and a multi purpose facility. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owner"/"Developer" is required to submit 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". 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Owner"/"Developer" shall develop the "Property" in accordance with the following special conditions: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 6.1 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 12-4-I3. Plans shall be approved by the appropriate. irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. DEVELOPMENT AGREEMENT (AZ-40-O1$) - 4 ~ ~ 6.2 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells maybe used for non-domestic purposes such as landscape irrigation. 6.3 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections I I -13-4. C. and 12-5-Z.M. 6.4 Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall be required~at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 6.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-I-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 6.6 Off-street parking shall be provided in accordance with the City of Meridian Ordinance 1 I-13 for use of property. 6.7 .All signage shall be in accordance with the standards set forth in Section 1 I -14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 6.8 Provide five-foot wide sidewallcs in accordance with City Ordinance Section 12-5-2.K. 6.9 All construction shall conform to the requirements of the Americans with Disabilities Act. DEVELOPMENT AGREEMENT {AZ-oo-018} - 5 • 6.10 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 6.11 Buffering of adjacent properties shall be reviewed during the conditional use permit process. 6.12 Approximately half of the 35-acre parcel proposed for annexation is designated to sewer into the Blaclc Cat Trunk which shall be constructed in the future through Bear Creek Subdivision to the west. The other half, fronting Kuna-Meridian Road, is designated to sewer into the 12- inch sewer that shall be extended from Ells Run Subdivision. The Bear Creek Subdivision lift station shall be designed to serve only itself. The lift station shall discharge into an existing eight-inch gravity sewer line in Overland Road which shall be at or over capacity at build- out of Bear Creek Subdivision. The Bear Creek developer . and his engineer are aware that as additional phases are developed, flows into the eight-inch receiving sewer shall be monitored and, if capacity is exceeded, they shall be required to re-route the pressure•sewer to the Ten Mile Trunk along the east-bound off ramp of 1-84. As per P/Z and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creek Subdivision. No provisions are being made for any other development to sewer into it. Adopt the Recommendations of the Ada County Highway District as follows: 6.13 The applicant shall have a maximum of two driveways on Meridian Road. The driveways shall offset or align a minimum off 00 feet from any existing or proposed driveways or roadways on Meridian Road. 6. i4 The applicant shall be required to pave the driveways their full width and at least 30 feet into the site beyond the edge of pavement of Meridian Road {SH-69) and install DEVELOPARENT AGREEMENT {AZ-00-O1~) - 6 • pavement tapers with 1.5-foot radii abutting the existing roadway edge. 6.15 The applicant shall be required to construct a 5-foot wide concrete sidewalk on Meridian Road (SH-69) abutting the developed portion of the site. Coordinate the location of the sidewalk with 1TD staff. 6.16 Comply with requirements of ITD for State Highway 69 (Meridian Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit {or other required permits), whichever occuxs first. 6.17 Vllhen a specific development application for this site is received, staff shall evaluate the need for a residential collector roadway along the north property line. 6.I 8 In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. 6.I 9 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of .this parcel. Additionally, at the City Council meeting held December I9, 2000, the below conditions are required: 6.20 Pursuant to the terms of this Development Agreement between the Applicant and the City before the annexation ordinance will be adopted, the Applicant, or its successors and assigns, covenant that the uses for the parcel will be restricted to the following: worship center, common area/fellowship area, gymnasium, classrooms for religious instruction, prayer chapel, recreation areas, bus garage/shop, recreational vehicle center, school, daycare, and senior center. This delineation of allowed uses does DEVELOPMENT AGREEMENT (AZ-o0.Q18) - 7 J not supercede any city ordinances or state statutes pertaining to application procedures, public hearings, etc. which may be required before any such facilities could be built, including but not limited to the City of Meridian's conditional use permit process. The Applicant must agree that any uses the Applicant intends to put on this parcel can only be done through a planned unit development or a conditional use permit. Only a portion of the property is serviceable by sewer from the Meridian Trunk Line. The westerly portion can not be developed until the Black Cat Trunk Sewer is extended to serve the property. 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 "Ov+mer"/"Developer"'s 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. § 67-65D9, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner"/"Developer" consents 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: $.l That the "City" provide written notice of any failure to comply with this Agreement to "Owner"I"Developer" and if the "Owner"/"Developer" fails to cwre 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 DEVELOPMENT .~-GREEMENT (AZ-00-018) - 8 with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owner"/"Developer", "Owner"/"Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owner"/"Developer" of any one or more of the-covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner°'/"Developer"'s cost, and submit proof of such recording to "Owner"/"Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the 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. DEVEL©PMENT AGREEMENT (AZ-00-018) - 9 • Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner"/"Developer" shall have thirty (30} days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be tarred within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner"/"Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORIVIA.NCE: 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 DEVELOPMENT AGREEMENT (AZ-OU-UI$} -10 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'i/"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 desiared 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: City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Valley Shepherd Church of the Nazarene 83I East First Street Meridian, Idaho 83642 with copy to: City Clerlc City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between DEVELOPMENT AGREEMENT (AZ-UO-018) - 11 ~- i 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. 2fl. 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 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 "(Jwrter"/"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 }urisdiction, 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"I"Developer" and "City", other than as are stated herein. Except as herein~otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their DEVELOPMENT AGREEMENT tAZ-o4-018) - 12 • 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. ~ EFFECTN'E DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Coun~.il 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-00-O1$) - 13 • ACKN©WLEDGIVIENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. VALLEY SHEPHERD CHURCH OF THE NnznReNE Attest: BY: BY RESOLUTION NO. Attest: O~ crrY cr~,xic CITY OF MERIDIAN BY: ~ - ~ Y ROBERT D. CORRIE ,.- i ~ `~ '~ 8~~ 7 ~~• .~ "VsP~~ .'n` `: < to i s+°~~~ DEVELOPMENT AGREEMENT (AZ-00-018) -14 i STATE OF IDAHO) COUNTY OF ADA) :ss On this ~~~ day of .~G.r~,t~rt( , in the year Z.oo r , before me, - fh~l ~• ~Gl~,vri~a Notary Public, personally appeared ~.vi 0_I L ~ ~x , known o it dentified to me to be the person who executed the instrument and acknowledge to me having executed the same. ~o~°a~~O~~o O ''R' ,7; , {SEAL} ~~; ~' ~ ~ e Notary P r aho ` b a :~ ~ _ ~ Commission expvres: g -Zb -n ~a• STATE OF IDAHO :ss County of Ada On this day of ~t~[.4t.~ , in the year , before me, a Notary Public, personally appeared Robert D. Cowie and William C. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument .of be~l~o~~aid City, and acknowledged to me that such City execut e , ,. ~~~~ `• a~ ~ ~'~ ~ i r ~ i ~ i Notary Pub c o aho (SEAL.) ',s`•.~jgliG.-'p ~~ `~;~~~g$;•` Commission fires: Z:\WorkIMlMeric13an1Meridian 1S360M1NazareneChurchAZ018WevelopAgr.wgd DEVELOPMENT AGREEMENT (AZ-00-018) - 15 EXHIBIT A Lie al Description Qf Propee~~r A tract of land located in the Northeast one-quarter of the Southeast one-quarter of Section 24, Township 3 North, Range 1 West, Boise-Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of the Southeast one- quarter of said Section 24, thence along the easterly line of said Southeast one-quarter South 00°•37'-3I" West a distance of 188.40 feet to a steel pin located at the Southeast corner of that property conveyed to William O. Aaron and rean L, Aaron, husband and wife, in that warranty deed recorded )uly 19, 1985 as Instrument No. 853756b, Records of Ada County, Idaho, said point being the POINT OF BEGINNING. Thence along the southerly line of said Aaron tract, North 87°-08' West a distance of 94.40 feet to a steel pin; Thence continuing along the southerly line of said Aaron tract, North 89°-5$'-30" West a distance of 1231.55 feet, more or less, to the Southeast corner thereof, said point being on the westerly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along said westerly line South 00°-29'-O1" West a distance of 1142.52 feet, more or less, to the Southwest corner of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along the southerly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24, South 89°-55'-l8" East a distance of 1323 A3 feet, more or less, to the Southeast corner of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along the easterly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24, Norkh 00°-37'-3l" East a distance of 1142.I0 feet, more or less, to the POINT OF BEGINNING. The above described tract of land contains 34.84 acres, more or less, subject to all rights-of way and easements. DEVELOPMENT AGREEMENT (AZ-00-018) -16 • . EXHIBIT B Findings of Fact and Conclusions of LawlConditions of A~Froval DEVELOPMENT AGREEMENT {AZ-44-418} - 17 • BEFORE THE MERIDIAN CITY COUNCIL C/C 12- I9-00 IN THE MATTER OF THE ~ } Case N©. AZ-00-OI8 APPLICATION OF VALLEY ) SHEPHERD NAB?ARFl~ ) FIlVDINGS OF FACT AND CHURCH, THE APPLICATION ) - CONCLUSIONS OF LAW AND FOR ANNEXATION AND } DECISION AND ORDER ZONIlVG OF 34.84 ACRES FOR } GRANTING APPLICATION A CHURCH AND VACANT } FOR ANNEXATION AND LAND, LOCATED ON THE } ZONING WEST SIDE OF MERIDIAN ) ROAD BETWEEN OVERLAND ) ROAD AND VICTORY ROAD ) , MERIDIAN, IDAHO ) } The above entitled annexation and zoning application having come on for public heazing on December 19, 2000, at the hour of 7:30 p.m., and Shari Stiles, Planzting and Zoning Administrator, and Gary Smith, Public Works Department, appeared and testified, and appearing on behalf of the Applicant was Scott Field, and appearing and testifying were Jinn Jewett and Dean Oberst, and no one appeared in opposition, and the City Council having duly considered the evidence and the record FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION .AND ORDER GRANTIlVG APPLICATION FOR ANNEXATION AND ZONINGBY VALLEY SHEPHERD Nl~-ZAF,ENE CHURCH / (AZ-00-O1$} d • • in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT I . The notice of public hearing on the application for annexation and zoning was published for two (2} consecutive weeks prior to said public hearing scheduled for December 19, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers cif record within three hundred feet (300'} of the external boundaries of the property under consideration more than fifteen (1 S) days prior to said hearing and with the notice of public hearing Having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the Decembez 19, 2000, public hearing; and the applicant, affected property owners, and government subdivisions prthviding services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 6?-b509 and b7-651 I, and Meridian City Code §§ I I-IS-S and II-Ib-I. FINDINGS OF FACT AND CONCLUSIONS OF LA~V - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONIIVGBY VALLEY SHEPHERD .. NAZARENE CHURCH / (AZ-00-018) 3. The City Counal takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles l l and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance establishing the Impact Area Boundary. 4. The property which is the subject of the application for annexation and zoning is described in the applicaxion, and by this reference is incorporated herein as if set forth in full. S. The property is approximately 34.84 acres in size and is located on the west side of Meridian Road between Overland Road and Victory Road. 6. The owner of record of the subject property is the Valley Shepherd Church of the l~tazarene, Inc., of Meridian, Idaho. 7. Applicant is owner of record. 8. The property is presently zoned by Ada County as RT, and consists of vacant land. 9. The Applicant requests the property be zoned as R 8. X0. The subject property is bordered to the north by a vacant parcel in Ada County and by: Ells Run & Bear Creek Subdivisions zoned R 4, to the South by a vacant parcel irrAda County, by the approved Bear Creek Subdivision zoned R 4 to the west and RT zoning in Ada County to the east. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY VALLEY SHEPHERD NAZARENE CHURCH / {AZ-00-018} • C i 1. The property which is the subject of this application is within the Area of Impact of the City of Meridian. i" 1 ~. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: as a church and multi-purpose facility. 14. The Applicant requests zoning of the subject real property as R-8 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as residential. r 15. There are no significant or scenic features of major importance that affect the consideration of this application. i b. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon~the public if the following conditions of development are unposed: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: ` 16.1 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 I2-4- I3. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY VALLEY SHEPHERD NA-~1A,R,ENE CHURCH / {AZ-p0-018} written confirmation of said approval submitted to the Public Works Department. I6.2 ~ Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells maybe used for non-domestic purposes such as landscape irrigation. 16.3 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections l I-13-4.C. and 12-5-Z.M. I b.4 Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 16.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer {Ord. 557, IO-1-91) for all ofif street parking areas. All site drainage shall be contained and disposed of on-site. 16.d Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11-I3 for use of property. 16.7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of.Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. I6.8 Provide five-foot wide sidewallcs in accordance with City Ordinance Section 12-S-2.K 1 b.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 16.10 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 16. I I Suffering of adjacent properties shall be reviewed during the conditional ~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page S AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY VALLEY SHEPHERD NAZARENE CHURCH / {AZ-00-OI8) ~ ~ use permit process. 16.12 Approximately half of the 35-acre parcel proposed for annexation is designated to sewer into the Black Cat Trunk which shall be constructed in the future through Bear Creek Subdivision to the west. The other half, .fronting Kura-Meridian Road, is designated to sewer into the 12- inch sewer that shall be extended from Ellc Run Subdivision. The Bear Creek Subdivision lift station shall be designed to serve only itself. The lift station shall discharge into an existing eight-inch gravity sewer line in Overland Road which shall be at or over capacity at build-out of Bear Creek Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight-inch receiving sewer shall be monitored and, if capacity is exceeded, they shall be required to re-route the pressure sewer to the Ten Mile Trunk along the east-bound off ramp of I-84. As per P!Z and Council approval of the Bear Creek project, the lift station is being sized only for Bear Greek Subdivision. No provisions are being made for any other development to sewer into it. Adopt the Recommendations of the Ada County Highway District as follows: 16.13 The applicant shall have a maximum of two driveways on Meridian Road. The driveways shall offset or align a minimum of 600 feet from any existing or proposed driveways or roadways on Meridian Road. 16.14 The applicant shall be required to pave the driveways their full width and at least 30 feet into the site beyond the edge of pavement of Meridian Road (SH-69} and install pavement tapers with 15-foot radu abutting the existing roadway edge. 16.15 The applicant shall be required to construct a 5-foot-wide concrete sidewalk on Meridian Road (SH-69) abutting the developed portion of the site. Coordinate the location of the sidewalk with 1TD staff. 16.16 Comply with requirements of ITD for State Highway 69 (Meridian Road} frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits}, whichever occurs first. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONAVGBY 1TALLEY SHEPHERD NAZARENE CHURCH / (AZ-QO-018) ~ ~ 1 d. 17 W11en a specific development application for this site is received, staff shall evaluate the need for a residential collector roadway along the north property line. 1 d.18 In accordance with District policy, stub streets to the undeveloped parcels abutting this site maybe required upon review of a future application for this site. 1 b. l 9 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Additionally, at the City Council meeting held December 19, 2000, the below conditions are required: 1 d.20 Pursuant to the terms of the Development Agreement which must be entered into between the Applicant and the City before the annexation ordinance will be adopted, the Applicant, or its successors and assigns, must covenant that the uses for the parcel will be restricted to the fallowing: worship center, common areaifellowship area, gymnasium, classrooms for religious instruction, prayer chapel, recreation areas, bus garage/shop, recreational vehicle center, school, daycare, and senior center. This delineation of allowed uses does not supersede any city ordinances or state statutes pertaining to application procedures, public hearings, etc. which may be required before any such facilities could be built, including but not limited to the City of Meridian's conditional use permit process. The Applicant must agree that any uses the Applicant intends to put on this parcel can only be done through a planned unit development or a conditional use permit. Only a portion of the property is serviceable by sewer from the Meridian Trunk Line. The westerly portion can not be developed uritil the Black Cat Tninlc Sewer is extended to serve the property. 17. 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. 16, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers FINDINGS OF FACT AND CONCLUSIONS OF LA.tiV - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FORANNEXATION.AND ZONINGBY VALLEY SHEPHERD NAZARENE CHURCH / {AZ-00-OI8} ~~ • will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 18. It is also found that the development considerations as referenced in Finding No. 16 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, 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 proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses ~avill not be hazardous or disturbing to the existing, or fixture neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 19. It~~s found that the zoning of the subject real property as Medium Density Residential District (R 8) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as residential. 20. The subject annexation request and Zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 20..1 The consideration of the provisions of the Comprehensive Plan and the FINDINGS OF FACT ANl7 CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGJBY VALLEY SHEPHERD Nfi-ZARENE CHURCH / (AZ-00-018) ~ r requirements of the zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to all applications such as the subject application. 20.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 1"he application is consistent with Meridian's self identity. 20.4 The preservation and improvement of the character and quality of Merid'ian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 20.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.b Compatible and effia.ent use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 21. The property can be physically serviced with City water and sewer, if applicant extends the lines. This does not imply that the project can be served by temporary means through the Bear Creek Subdivision..Sanitary sewer services shall comply with the approved City of Meridian Sanitary Sewer Facility Plan. FINDINGS OF FACT AND CONCLUSIONS OF LA'W - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNE~TION AND ZONINGBY VALLEY SHEPHERD NAZARENE CHURCH / {AZ-00-018} ~ ~ CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section SO-222. The Meridian City Code § I 1-16 provides the City may annex real 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 government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan, City of Meridian, adopted December Z I, 1993, Ord. No. 629, January 4, 1994.' 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Pian are set forth at Page S and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018} ~ ~ 4.2 To ensure that growth and development occur in an orderly fashion ix~ accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 ; To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability tv finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the chazacter and quality of Meridian's man-made environment while maintaining its identity as aself-sufficient community. 4.6 To encourage cultural, educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to. fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which its visually attractive, efficiently managed and clearly identifiable. S. The zoning of Medium Density Residential District ~ (R 8) is defined in FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AI'~D DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-O I $) the Zoning Ordinance at § 11-?-2 D as follows: (R 8) Medium Densi Residential District: The purpose of the R-$ District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight ~8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Muniapal water and sewer systems of the City is required. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop a church and multi-purpose facility. 7. 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 Citv of Idaho Fal s, 105 Idaho b5, 665 P2d 1075 (1983). 8. The development of the annexed land, if annexed, 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 requirements; Section 12-4-13, which pertains .to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems. ' 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinances of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBY VALLEY SHEPHERD Nl~-ZARENE CHURCH / (AZ-00-418) I0. Section 1 ].-I6-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of .the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however; an unrecorded commitment is binding on subsequent owners and each other- person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. DECISION AND ORDER NOW, 'T'HEREFORE, EASED UPON THE ABOVE AND FOREGOING L. FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: I. The applicant's request for annexation and zoning of approximately 34.84 acres to .Medium Density Residential District (R 8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 34.84 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-OI 8) i ! 1 S 8. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No~ 68b. 3. Developer enter into a Development Agxeement that provides in the event the conditions therein are 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: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 3.1 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 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 3.2 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service ger City Ordinance Section 9-I-4 and 9-4-$. Wells may be used for non-domestic purposes such as landscape irrigation. 3.3 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-S-2.M. 3.4 Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 3.5 A: drainage plan designed by a State of Idaho licensed architect oz engineer is required and shall be submitted to the City Engineer (Ord. SS7, 10-I-91} for all off-street parking areas. All site drainage shall FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY VALLEY SHEPHERD NAZARJENE CI3URCH / (AZ-00-O18) ~ ~ i be contained and disposed of on-site. 3..6 Off-street parking shall be provided in accordance with the City of Meridian Ordinance 1 I-I3 for use of property. 3.7 All signage shall be in accordance with the standards set forth in Section I 1-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 3.8 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.IG 3.9 All construction shall conform to the requirements of the Americans with Disabilities Act, 3.10 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 3.I I Buffering of adjacent properties shall be reviewed during the conditional use permit process. . 3.12 Approximately half of the 35-acre parcel proposed for annexation is designated to sewer into the Black Cat Trunk which shall be constructed in the future through Bear Creek Subdivision to the west. The other half, fronting Kuna-Meridian Road, is designated to sewer into the I2-. inch sewer that shall be extended from Elk Run Subdivision. The Bear Creek Subdivision lift station shall be designed to serve only itself. The lift station shall discharge into an existing eight inch gravity sewex line in Overland Road which shall be at or over capacity at build-out of Bear Creek Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight-inch receiving sewer shall be monitored and, if capacity is exceeded, they shall be required to re-route the pressure sewer to the Ten Mile Tnuik along the east-bound off ramp of I-84. As per PlZ and Council approval of the Bear Creels project, the lift station is being sized only for Bear Creek Sr~bdivision. No provisions are being made for any other development to sewer into it. Adopt the Recommendations of the Ada County Highway District a.s follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY VATaLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018) . 3.13 The applicant shall have a maximum of two driveways on Meridian Road. The driveways shall offset or align a minimum of 644 feet from aziy existing or proposed driveways or roadways on Meridian Road. 3.I4 The applicant shall be required to pave the driveways their full width and at least 30 feet into the site beyond the edge of pavement of Meridian Road {SH-69} and install pavement tapers with 15-foot radii abutting the existing roadway edge. 3.15 The applicant shall be required to construct a S-foot-wide concrete sidewallc on Meridian Road {SH-69} abutting the developed portion of the site. Coordinate the location of the sidewallc with ITD staff. 3.16 Comply with requirements of ITD for State Highway 69 (Meridian Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit {or other required permits}, whichever occurs first. . 3.17 When a specific development application for this site is received, staff shall evaluate the need for a residential collector roadway along the north property line: 3.1$ In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. 3.19 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Additionally, at the City Council meeting held December 19, 2400, the below conditions are required: 3.20 Pursuant to the terms of the Development Agreement which must be entered into between the Applicant and the City before the annexation ordinance will be adopted, the Applicant, or its successors and assigns, must covenant that the uses for the parcel will be restricted to the following: worship center, common azea/fellowship area, gymnasium, classrooms for religious instruction, prayer chapel, recreation areas, bus FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page Ib AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY VALLEY SHEPHERD NA-~1ARENE CHURCH / {AZ-04-OI 8) ga'rage/shop, recreational vehicle center, school, daycare, and senior center. This delineation of allowed uses does not supercede any city ordinances or state statutes pertaining to application procedures, public hearings, etc. which may be required before any such facilities could be built, including but not limited to the City of Meridian's conditional use permit process. The Applicant must agree that any uses the Applicant intends to put on this parcel can only be done through a planned unit development or a conditional use permit. Only a portion of the property is .serviceable by sewer from the Meridian Trunk Line. The westerly portion can not be developed until, the Black Cat Trunk Sewer is extended to serve the property. 4. The City Attorney shall prepare for 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 {R-8) Medium Density Residential District, and Meridian City Code § 11-7-Z D. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the .engineering 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 § I 1-Z I - I in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION 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 is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight {28) days after FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / {AZ-04-O1$) I the date of this decision and order seek a judiaal xeview as provided by Chapter 52, Tide 67, Idaho Code. By action of the City Council at its regular meeting held on the ~~ day ROLL CALL COUNCILMAN RON ANDERSON VOTED_~~~ec". COUNCILMAN KEITH BIRD VOTED--~~--~- COUNCILWOMAN TAMMY deWEERD VOTED_~~~ COUNCILWOMAN CHERIE McCANDLESS VOTED- I~~'k..~ MAYOR ROBERT D. CORRIE (TIE BREAICER} VOTED ~' DATED: ~ ~ ~--~ O MOTION: PRO DISAPPROVED:- Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. ~~"'`"~~+•,,,~ Bv' ..~. ~/_~~~ ~ Dated: ~ ~'' ~~ ~~'' „~ i~` a ~ ~D/ '~- amity Clerk U j/ ms~lZ:tWorklMlMeridianlMeridian L5360M1NazateneChwchA7~O18lAZFttrlsorderwpd FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEKPiTION AND ZONINGBY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-O I $) ~,~ , r tart ~' .~ ~~w '®~e~P_as~''~$ . BO{~pANO 08114/03 12:1 P8q u wxvRritto GE Michelle Turner ii !! ++ rr ++ II + ge~Rand~REQUESTOF ~~i ~~~~~I~f~i~~~~~j~~f~~l~l AIIaQUNt ~~ 1031371 11 F1I2ST ADDENDUM TO EXHIBIT "A DEVELOPMENT AGREEMENT (CASE NO. AZ-00-018) . The fallowing is an addendum to that certain Development Agreement between the City of Meridian and Valley Shepherd Church of the Nazarene, Inc., Owner/Developer, specifically to the Exhibit "A", which is subsequent to the entering into of the original Development Agreement dated January 19, 2001, and recorded in the Ada County Recorder's office as Instrument No. 101015259. The parties hereto agree as follows: A. The Development Agreement dated January I9, 2001, as it pertains to Exhibi# "A" legal description, is amended to read: EXffiBIT "A" Legal Description Of Property A tract of land located in the Northeast one-quarter of the Southeast one-quarter of Section 24, Township 3 North, Range 1 West, Boise-Meridian, Ada County, Idaho, more .particulazly described as follows:.. ~ ~ ~~ ~~ . , . Commencing at the Northeast comer of the Southeast one-quarter of said Section 24, thence along the easterly line of said SE one-quarter S 00°-37'-31" VV a distance of 188.40 feet to a steel pin located at the Southeast tamer of that property conveyed to William O. Aaron and Jean L. Aaron, husband and wife, in that warranty deed recorded July 19, 1985 as Instrument Na. 853756b, Records of Ada County, Idaho, said point being the PAINT OF BEGINNING. Thence along the southerly line of said Aaron tract, North 87°-OS' West a distance of 94.40 feet to a steel pin; Thence continuing along the southerly line of said Aaron tract, North 89~-58'-30" West a distance of 1231.55 feet, more or less, to the Southeast comer thereof, said point being on the westerly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along said westerly line South 00°-29'-O1" West a distance of 1142.52 feet, more or less, to the Southwest corner of the Northeast one-quarter of the Southeast nne-quarter of said Section 24; Thence along the southerly line of the Northeast one-quarter of the Southeast one- gtzarter of said Section 24, South 89°-55'-18". East a distance of 1323.03 feet, more or less, to the Southeast comer of the Northeast one-quarter of the Southeast one-quarter of said Section 24; FIltST ADDENDUM TO THE DEVELOPMENT AGREEMENT (ORIGINAL CASE NO. AZ-00-018) PAGE 1 of 5 ~ ~ Thence along the easterly line of the Northeast one-quarter of the Southeast one- quarter of said Section 24, North 00°-37'-31" East a distance of 1142.10 feet, more or less, to the POINT OF BEGINNING. The above described tract of land contains 34.84 acres, more or less, subject to all rights-of--way and easements. AND A parcel of land located in the NE'/a of the SE'/a of Section 24, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of the SE'/a (East'/.~ corner) of Section 24, T.3N., R. 1 W., B.M., thence N 89°27'07" W 65.00 feet along the north line of said SE'/a to a point on the westerly right of way of the Kung Meridian Highway, the REAL POINT OF BEGINNING of this description; Thence S 00°39'02" W 185.7? along said right of way to a point; Thence N 87°08'00" W 32.35 feet to a point; Thence N 89°27' 12" W 395.9$ feet to a point; Thence N 24°42'55" E 9.61 feet to a point; Thence N 48°33'22" E 243.90 feet to a point; Thence N 85°28'57" E 141.94 feet to a point on the north line of said SE 14; Thence S 89°27'07" E 102.05 feet to the REAL POINT OF BEGINNING of this description. This parcel contains 1.387 acres, more or less. EXCEPT: A parcel of land located in the NE'/a of the SE'/a of Section 24, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particulazly described as follows: Commencing at the northeast corner of the SE'/ {East % corner) of Section 24, T 3N., R.1 W., B.M., thence N 89°27'07" W 65.00 feet along the north line of said SE '/a to a point on the westerly right of way of the Kuna-Meridian Highway; FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT (ORIGIlVAL CASE NO. AZ-00-018} PAGE 2 of 5 • Thence S 00°39'02" W 185.77 feet slang said right of way to~a point; Thence N 87°08'00" W 32.35 feet to a point; r Thence N 89°27' 12" W 395.98 feet to the REAL POIN~OF BEGINNING of this description; Thence N 89°27' 12" W 821.92 feet to a point on the west line of the NE'/a of the SE %; Thence S 00°45'52" VV 95.51 feet along said west line to a point; Thence S 89°27'07" E 779.42 feet to a point; Thence N 24°42'55" E 104.71 feet to the REAL POINT OF BEGINrTING of this description. This parcel contains 1.756 acres, more or less. B. It is agreed between the "City" and "Owner" and "Developer" that the development project of Valley Shepherd Church of the Nazarene, Inc. sha11 be fully incorporates into the original development agreement with Valley Shepherd Church of the Nazarene, Inc., Owner/Developer, and sha11 include the original conditions and the specific uses that were allowed within the original development agreement, and shall apply to the Valley Shepherd Church of the Nazarene, Inc. pmject, Case No. AZ-00-418. C. Except as modified by this First Addendum, the Development Agreement betwee the parties dated January 19, 2003, is hereby ratifies and confirmed. IT IS SO AGREED. DATED AND SIGNED this ~3~ day of ~~~ , 2003. CITY OF MERIDIAN BY: 'T~ ~,. r. 6U~~~-aC - C. ~j Coa~r~ O~' FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT (ORIGINAL CASE 1V0. AZ-00-018) PAGE 3 of 5 • ~ Attest: BY: ``~~N~~qut r+ti~~~~~~~' ~~ ~rF qy ~ o ? Clerk - ~'E~+ .~ ~ ~o OV~~~~ VALLE~{flHI~ OF THE NAZARENE INC. -~ 5~•~ P~~ ~ ~ Attest: BY: STATE OF IDAHO, ) County of Ada, ss. On this _ _. ~ ~' day of _ ,~' _ , 2043, before me, - _ _ .~.rrin c ~~v ~ a Notary Public, in and for the said state, personally appeared an William G. Berg, Jr., known or identified to me to be the , anti i 1 r res~1P', ~f the City of Meridian, who executed the instrument or the~~i~~~i`a~t ~~ the instrument of behalf of said City, and acknowledged to me that sucY City executed the same. (SEAL) Notary Public for Idaho Residing at• ~.~ Commission Expires: Y, _...- FIRSTADDENDUM TO THE DEVELOPMENT AGREEMENT (ORIGINAL CASE NO. AZ-00-018) PAGE 4 of 5 • • STATE of IDAxo, ) . Ss. County of Ada, ) On this a 3_''d~ day of 1 k, l ~ w , 2003, before me, ~ r f~ P " ` =~~-~[':'z:~ a Notary Public in and for said state, personally appeared 7': /-~ . ~ o~, n, a., and ~--~ known or identified to me to be the ' l~c,s ~. and ~--, of Valley Shepherd Church of the Nazarene, Inc., and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said Valley Shepherd Church of the Nazarene, Inc. '~••~~1~~~.s~on~o~~ ~.sr 4' . ~ .~ ~.•' ~oTARr~ _ ~.•• * e * ~~, ~°UBL1G ~~ ~~ Notary Public for Idaho o ~ Residing at: .~,~ s • r~ . °° 1' ooooooNOO+ ~° `°t,9T~ ~F 19~,,•' ~ CommissionE fires: 3O O~ 'd,•. ''rrar~e~:~MS°° Z:\WorkIMlMeridlanlMeaidian 15364M$~iazeaeneGhttrchAZ0181ADDEIVDUMtoAevAgmtd4c FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT {ORIGINAL CASE NO. AZ-00-Q 18) PAGE 5 of 5 • December 15, 200b MERIDIAN CITY COUNCIL MEETING December 19, 2006 APPLICANT ITEM NO. b-M REQUEST Easement Agreement for Pressure Reducing Valve with The Turf Company, LLC: 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 Easement ~'D`/`v "'I~ OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetin~a sh~l become pn~perty of the City of Meridian. • • City ~f ~e~~a~ Caty Clerk ®f~ce Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer ~~ CC: File, Len Grady, Bill Nary Date: 12/14/06 Re: Proposed Agenda Item for December 19, 2006 City Council Meeting The Public Works Department respectfully requests the following items be placed on the December 19 City Council agenda, under Consent Agenda, for Council's consideration: Pressure Reducina Valve (PRV) Easement Agreement This easement is being granted by The Turf Company to provide a location for a future PRV on South Eagle Road. Recommended Council Action: The Public Works Department recommends that City Council approve the PRV Easement Agreement with The Turf Company, LLC and authorizes the mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 PRV EASEMENT THIS INDENTURE, made this ~ day of ~ , 20 ~ ~ between The Turf Companv, LLC ,the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide an easement for an underground Pressure Reducing Valve (PRV) Station on their property; and WHEREAS, the PRV Station will be constructed at a future date by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said PRV Station from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee theright- of-way for an easement for the construction, operation, maintenance, repair, replacement of an underground PRV Station as described on the property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of a PRV Station and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any .and all times. TO HAVE AND TO HOLD, the said easement andright-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the PRV Station, Grantee shall restore the area of the easement and adj acent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement; for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted. shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. PRV Easement Page 1 of 3 PRV Easement.doc THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Darwin McKay, Owner i ent Robert Johnson s ess Manager STATE OF IDAHO ) ss County of Ada ) On this ,~_ day of ~~_ ~~e r 20 ~ before me the undersigned, a Notary Public in and for said State, personally appeared ~sr,e~;~_ ~ ,(~ and . known or identified to me to be the President d Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ,~..un..~,s • a ~.° ••. '•, N T Y P LIC FOR IDAHO off: ~~ n d : * % Residing at `-~ '~ .~ Commission Expires: !p ~ • ~ ~ = _ . ~, . ,~~~htnnp~~~~, PRV Easement ~ Page 2 of 3 PRV Easement.doc GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ) . ss. County of'Ada ) On this day of .2004, before me, the undersigned, a Notary Public in and for said State, personally appeazed 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 yeaz first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: PRV Easement Page 3 of 3 PRV Easement.doc EXHIBIT A L~G~L DlES~`~IP~I~~+T F4~t HITS. EA~~G I*H~ E~li"~`T` Th.~ f~llawi~ dexxss~esa'l~?~ mfreal!~rog~rt~ ~~ing ~n a ~ve~'~~ar€er (S~?V~}~) c-f the Se~uthsC Qua ~~~~14j of Section ~~, T~ovt-nshg 3 I~Tc~r F~ars~e 1 Ems, Baise Nle~rdia~, R~ City, Icia~~ bung nt~~ ~°~ii~.r~y c~e~r`1 ~s foliov~s> THEN~E,1e~,~ ~.id Northerly 1 ~Ith. ~~.4?C~ ~et:e~~;~g cat` ~es~e~ly'~~ l~n.~ Soli Ut~° 1~~4~4~` ~~.(}tD ro tie axe ~rrrer of said ~e~en ~'~t e~zx~ t1a.~ ~u~th~ri~ ~vu~da~ I~i t~f s~i~ ~~~t;l~lor~ &946' I~' ~V`,: 20:00 t . Snt~~st ~rr~er sif said Ee°se~ne ~N Ie~.vi~g .id Sauti~z`~:~ A~un~ary Line, gazai~el r?~t~ au~3`~5.0~' ~eei e~teriy ~f ~%t~'e~er~y ~c~undarS~ L~ine~ `~Tc~r~.4°l~'4'g ~t,,',~9,( ~tv _1"~91'~ ~~+' ~~tG~'aTI~TIl'L~G, c4rn~risix~g ~QO scjt~ feed ~€~~~ ~c~e~ mire err Iess: f M • ~/~~ 32 33 N °~ ~- i C~ ~ OCi ~-- ~ W ~ ~~ ~ ~ ~ of `~` C9 ~ ~ ~ ~ z I ~~ L ~~ ~ I~ol d' 589.46' ~ ~»E 9'46' 16"E 20.00' 25:Od'-~ -- ~ r '~' ~ `~ 20`x30' F..ASEItAENT z cn F®R FUTURE PR~I STATION NB9'46° 16"W 20.00' .-~. ~ ~~ ~~~~wj C~ ~~5 ~T ,~~~~ ~ ~~~ ~, LACE l-1AZEL RC},~I~ 32 33 ~ `~ _ EXHIBIT C -DATE: JUNE 8, 2006 ~~!'- ,, ~!~ v N Nrs EXHIBIT` B Bcaa.andary Line Section Line Tie Lane Calculated Paint dViNG F0~? HUGHES ENGINEERING ~ FlLE: 3479-02.dwg Survey+~rs ~ En~ir~~~rs Plonners 1 1 U~ West Main Street Middleton, Idaho 2tZ8-585-5858 December 15, 2006 MERIDIAN CITY COUNCIL MEETING December 19, 2006 APPLICANT ITEM NO. 6-N REQUEST Public Works Changer Order No. 1 for Broadway Avenue, Meridian to Fiffh Street Water and Sewer Improvements with Civil Survey Consultants for $4000.00: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See Attached Change Oder Date: Phone: Staff Initials: T Materials presented at pubNc meetangs shall become properly of the City of Meridian. s Ci ty of Mer idi an Pu bl ic Wor ks De pt. Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer f G~- CC: File k~~ Date: 12/14/06 Re: Proposed Agenda Item for December 19, 2006 Ciiy Council Meeting The Public Works Department respectfully requests the following item be placed on the December 19 City Council agenda, under Consent Agenda, for Council's consideration: Change Order Number 1 of Contract with Civil Survev Consultants for Design of Broadw~ Avenue. Mendian to Fifth Street Water and Sewer Improvements• This change order of $4,000 covers the extra work of providing payment for processing the Union Pacific Pipeline Crossing Application, and design and surveying work required for added improvements to the water main on second street between Broadway and Idaho. Recommended Council Action: The Public Works Department recommends that City Council approves Change Order Number 1 of Contract with Civil Survey Consultants for Design of Broadway Avenue, Meridian to Fifth Street Water and Sewer Improvements for a cost of $4,000 and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 CHANGE ORDER NO. 1 DATE OF ISSUANCE EFFECTIVE DATE OWNER City of Meridian CONTRACTOR: Civil Survey Consultants CONTRACT: Broadwav Avenue. Meridian to Fifth Street Water and Sewer Improvements Project No 0601 Description: This change order consists of the following work: • Pay Union Pacific processing fees of $1,055 for a Pipeline Encroachment Application. • Perform extra design and surveying work required to upgrade water main in 2"d street between Broadway Avenue and Idaho Avenue. CHANGE IN CONTRACT PRICE: Original Contract Price $ 40.425.00 Net Increase (Decrease) from previous Change Orders No. 0 to 0 $ 0.00 Contract Price prior to this Change Order. $ 40,425.00 Net increase (decrease) of this Change Order: 4 000.00 Contract Price with all approved Change Orders: 44.425.00 RECOMMENDED Kyle R dek, P~E Staff Engineer Date: ~/ ~~~ APPROVED CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net change from previous Change Orders No. _ to No. _ Substantial Completion: Ready for final payment: (days) Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) Tammy de Weerd, Mayor Date: ATTEST William G. Berg, Jr., City Clerk Date: EJCDC 1910-6-B (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. ~ • December 15, 2006 MERIDIAN CITY COUNCIL MEETING December 19, 2006 APPLICANT ITEM NO. 6-O REQUEST Public Works Changer Order No. 2 for Water and Sewer Improvements in Conjunction with the Locust Grove Grade Separation with Cascade Pipeline Corporation for $2,620.x: 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 tRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See Aftached Change Order 0'~ ~' Date: Phone: Staff Initials: Materials presented at pubec meetings shall become property of the City of Meridian. • ~17ECEYVEI3 DEC 1 3 X006 City Of YVleridian City Clerk Office Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer ~~ CC: File ~~~i~ Date: 12/14/06 Re: Proposed Agenda Item for December 19 City Council Meeting The Public Works Department respectfully requests the following item be placed on the December 19 City Council agenda, under Consent Agenda, for Council's consideration: Change Order Number 2 to Water and Sewer Improvements in Coniunction with the Locust Grove Grade Separation: This change order adds the work of coring two e~asting manholes and building the sewer between them. This work will correct an en-or in construction plans which placed the sewer manhole for Williams Pipeline (immediately to the west of the project) about 20 feet south of the correct location. The change order will cost $2,620, and Lochsa engineering has agreed to reimburse the city for this work. Recommended Council Action: The Public Works Department recommends that City Council approves Change Order Number 2 for Water and Sewer Improvements in Conjunction with the Locust Grove Grade Separation for a cost of $2,620 and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 CHANGE ORDER NO. 2 DATE OF ISSUANCE EFFECTIVE DA OWNER Citv of Meridian CONTRACTOR: Cascade Pipeline Corporation CONTRACT: Water and Sewer Improvements in Conjunction with the Locust Grove Grade Separation Description: This change order consists of the following work: • Core and re-channel existing manholes (at north end of Locust Grove line and east end of Williams Pipeline) • Add approximately 15 feet of 8 inch sewer to connect existing manholes. • The cost of this change order will be reimbursed to the City by Lochsa Engineering. CHANGE IN CONTRACT PRICE: Original Contract Price $ 212,198.00 Net Increase (Decrease) from previous Change Orders No. 0 to 0 $ 17.910.00 Contract Price prior to this Change Order: $ 230.108.00 Net increase (decrease) of this Change Order: 2 620.00 Contract Price with all approved Change Orders: $ 232.728.00 RECOMMENDED le adek, PE Staff Engineer Date:__ ~ ~`~" ~~ Approved by City Council: CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net change from previous Change Orders No. to No. _ Substantial Completion: Ready for final payment: (days) Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) APPROVED Tammy de Weerd, Mayor Date: ATTEST William G. Berg, Jr., City Clerk Date: EJCDC 1910-8-B (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifigtions Institute. December i 5, 2006 VAC 06-015 MERIDIAN CITY COUNCIL MEETING December 19, 2(~6 APPLICANT Corey Barton / Dyver Development ITEM NO. 6-P REQUEST Resolution -- Request for a Vacation of a portion of the public utili#ies, drainage, and irrigation easement adjacent to the common lot line of Lots 3 8~ 4, Block 1 0# Silverleaf Subdivision No.1 -- 3128 8~ 3150 West Lost Rapids Drive 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 attached Resolution ~~ OTHER: Contacted:: ° Date: ~p Phone: ~~(p -~~j ~ ~ Emailed: e (..Q ,C Inffials: ~,~ Materials presented at public meetings shall become property ~ the City of Meridian. ADA COUNTY RECORDE DAVID NAVARRO AMOUNT .00 ; i BOISE IDAHO 0110A107 ~ PM DEPUTY Bonnie Oberbilhg III IIII IIIIIIII III I IIIIIIII I II II'I III RECORDED-REQUEST OF irk r4~~1~~~ Meridian City CITY OF MERIDIAN RESOLUTION NO. ~~ ~ S7 3 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION VACATING PUBLIC UTILITIES, DRAINAGE AND IRRIGATION EASEMENTS BETWEEN LOTS 3 AND 4, BLOCK 1, SILVERLEAF SUBDIVISION NO. 1, LOCATED IN THE SOUTHWEST 1/ OF THE NORTHWEST '/ OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST, CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 12, 2006 the City Council of City of Meridian, held a hearing on the vacation of public utilities, drainage and irrigation easements between lots 3 and 4, Block 1, Silverleaf Subdivision No. 1, located in the Southwest I/ of the Northwest 1/ of Section 26, Township 4 North, Range 1 West, City of Meridian, Ada County, State of Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the vacation of public utilities, drainage and irrigation easements between lots 3 and 4, Block 1, Silverleaf Subdivision No. 1, located in the Southwest '/ of the Northwest '/ of Section 26, Township 4 North, Range 1 West, City of Meridian, Ada County, State of Idaho is hereby vacated. Copies of the necessary relinquishments are attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. VACATION OF PUBLIC UTITLTIES, DRAINAGE AND IRRIGATION EASEMENT IN SILVERLEAF SUBDIVISION NO. 1 Page I of 2 ~ ~ PASSED BY THE CITY COUNCIL OFT"HE CITY OF MERIDIAN, IDAHO, this ~ day of ~elni~. , 2006. APPROVED BY T E MAYOR `OF THE CITY OF MERIDIAN, IDAHO, this L / 'day of GPi!'r~~(/ti 2006. ATTEST: WILLIAM G. BERG, JR.; CITY STATE OF IDAHO, ) ss County of Ada ) :._:=°_ ` ~IxO~, MY de WEERD ~~ ; v _~ -g ~~~~ :~.E ~ ~~ :tee, •~~ P t ~~ , ~ ~~ ~, o ~, ~~ ~~ `~ `'~ On this _~ day of ]~(~Crn}~Y-- , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL~~, GR,E,~~• • • :~y,F~,~ ~,ARp'~. •_ ,,~ ~ , .:~ , • i ~ ~~~ • .~~ ,.~, ~r~+3 TARY PUBLIC FOR IDAHO RESIDING AT: ~~ (~ L~j_~_ MY COMMISSION EXPIRES: _Id-I l-l 1 VACATION OF PUBLIC UTITLTIES, DRAINAGE AND IRRIGATION EASEMENT IN SILVERLEAF SUBDIVISION NO. 1 Page 2 of 2 m m. muvkwn ~ ~ 8 'ON No61A1a8t15 s-nvd vSN~'I sro>a yy,~-i--------~} ~s ~ .gyp ~ ~ w ~ ~~ S LB'B4l ' f _-3.C1ASlilltL_^. _ ~ BSI C' t7 ~'~ ~ ~ 1 i* ---'-1.~t.0a~N____'-_i SL ~ .9Z ..i o ? 1 z° ~ g ~ ~r~rqq gy~y ~ G ~ g t~ /~ 1 i ~ W d~ s S ~yOR q n ~ ``~ $~aS~ ~`I lJ ~' I as ~i + y~p&~~1 ,,gg 1 1 $ W 2 ~ ~°~ ~ 'yo 6~~ _ ~_ ~+ 3 i II--- V'JR!>i1 .9 i Iy4 i _~.91"90t.____' ~ ly ~ ~ ~ yjj" •~~ Q0~ T~ 60 ~y p5 sg --,ZLZ4L~-__.i I q ~ _--3S40GOON---'1 1 ~ ~ 9 ~ mgrj ~N, 1{g~ ~. t °. a g9 ~ t7 N ~ -3.Cl.11G00N^--~ I ~ ~ '. 1 ~ $ ~y ggqp 1~--5 iS ~ ~ ~ sq~ ~'I w ,A r ~ O ~ ~~~ ~ ~A$~~ o4det"off`' F~~ ! ~ ~$ ~II O { r' ~ L____,LlLlt-____J 1 a W ~Q O ~ II~ ___-,y4'Ql•___~_J +r 3 f'---7.C6~COON•-1 I I i I gj 1 r0 II ____3.1I,09.CON---7 7 ~ ~ 1 ~ ~ I ..l asg ~ YIl s=-,1 z ~il ~ I ~i O ~ I ~ I O ~ !~J 9~ ~ ~ 1~i1 O ~^~ In i i~ I~,I 0®~ it i$ y~I L----S9'4lL-~J 1 I I M O U ~_____--•ZLZCt~___~J ~ _} t e'c_i ~_~_-~ I I I i I 4. N I __-_3.Cl.OSmti--- ~ t7i Ig ~,~I O 1 11 d nl ~ U O n __~~ 1 p ~ O ~ 9 n~~ _,Z6Zll---_J ~+ _3slo4ol11L_ I 1 1~ ~~,~-~ ~ im m ~ it m .. ~ 1~ i 1 ~I i~ J Y7RRp S Iii I .72'iZ~ ~~ ~ ~ ~ ~ ~ p w ~., '~`-t--•trczl___----~ w ~~~_3.c6oaeoN_-_ .- ~~~g ~ 8"!Y~ ~~ ~ 11~~ tQ "----.L89t1----J , --3.CMD.OQN---, s~ V ?I O ~ I L__'--.Ot____--J~^OI ~E~ ~$ ~a $ ~~ ~~3~~z~ ~~~ IIYYypJAA++ I~~ -.IllYlt---_ "- 3Rl.OGOQN---- p~~yjj ~i y¢gI{ yg33y -I 1 ~ {{p}~~ 3 O ~ I'(,"-_'3i'1.09A0N_-_-1 ~ ~~ M ~ Z .~~C ~ ~E+~g~d e~ ~a d~$~~ ~_"' ~+ OZ= "_II O '~ "I ~~----- O ~ ~ ~9p~r~ ~~y€~~~ fff~i)SV~ s~ ~ ~j~y ~ ~~~~Z~ t$~~ Q 1 I 1 I _-.BCSCI-___J ~F. ~- m ~ W 19< 90S O st _ 4 I ~' r-----3closaoN--- "o < ~ °1 $ a ~ R g~ Z W - 1 '--aclosooN----~~ I ~~ ~ N ~_ 1 ~~~~ $;.~~ ~~~ ~$ ~9~ ~~~ ~~ g~~~ g~ ~(3 ~ LJ.1 W Z ~I O ~ ~_______,flLF4___'__J ~g ~~ ~~ O ~ ~~•OIA ~11 ---.IS'~a`__~ ~„ ~---3.nosmN-----, ~5~~ $~~~ ffi~' ~~a~ ~€~ ~~~ ~ ~~ ~s = 4.O tJ p 1rt1---a.c4as.~N-----, I~ 1 ~ ~ ~ 35 a ~ ~~<~ Iyt .~~ a~~ 3~ ~~ ~ ''1 O m Q N W; ;i 1. I~ ~ O j gQ ~ ~ ~ ~~~4 ~y 4< ~F~~ ~o J~ ~ ~j Q ~ ~~Q ~ a .,I O ; y~~dll I j 1 C^,~1g$~ ~~~~~~G~ S7= ~~~~~~ Sd~~ ~ tl~ d "1 ~~a y/ II'_ 4cni -_''S' ~ i'-'3.si.~wN---~ 0~9~ ~g<~p~ ~ ~ y~~~g* ~g sg ~< S ~i ial z< ~1-` ~?8~~ ~ 9~6t Ali ..K~ 8N ~~ ~N ~ '3AV 39t12~ ?P3K6S 'N ~w ~~ O i~ .. n R a^ m m^ R ^m m W _ ~' ~ W ~ lZ'80/ 3 .[t,1/9.00 N $ ___.__,yq~l~_-i '~I O l it ~ i6 8 ~~'d r~ 1 d m l I O I -z Q ~~ ~ii O ~ I I '-'3.CI.~:OCIF--'i 1'}~ t tgo ~ 1 I n P 3 1 1 ~ ____,g49£L-_-_J ~I O I '' ~. I I L__-~.Zl'OIL---J la I i~ In411 ~~.. O ; I f----3fltlCOmt•--=; O. W3 ~ I l1. m g i ~1g-~,,-----~.tN-----; I L-----Atoll-~J ~,~ o;l I I , I I 8~ O I~ mS.X.R.nt M.Ol,LZ00S ~~ 1------7.c6ucooNi pgy 1 ~I ~ ~mt 5 9 C °i ~ m 1 I '~ 1 I ml ~ O ~ r--3ttABOma-~~ 1 1 I ' ---.oo'ooi-~_. 1 I m I ~ i ~~I ~i m, i 1 , FI f__~,,~~,,CC 1 ~ L_-'_-~Ult~-_-J ~F~ I , \ I $I .rte--3.1[t.~UDN`- ~1~ ~ I w d~ `` a~fg ~ ~iI $~ n ~ 1 I ~ S < I n r N ~ O ~ S / __~40'Oll-___J Q W n ~' y' };~ 4aS~0;N 1~ -'3.C1.OSAON-_--~ 1 ~ 1N3145V3`I AB'8L I .~68L ~I JN3N35V3 ~+ `~. '~ ~ ~ ~ .tares , I tYNOLL~ .~_~N g I $ ~`_~NOUV9uuu a ~~ ,LOLOI----~ ~~, y .tSZ9 .n13 AI.iLG~O N ~ ~ 3Al.tL00 G s V g ~,$ ~ I ~ ,s_ ~ .4L 4t I .Ot.lLOl1 N ~d 1~ C t/i f/i .9t'eYttZa ~~ ii8l ~~~~_~,_~~1~~~~~ ..LB_LS8 4 f!3 ~~~_ 1t.y ......... ,BL'liL ,BS'8Zf .lg'Cf9L 1R.Ot,lZ005 3 ,01,1b00 N I ............ siNwr38 3o slsvg . ................ ~ ~ Vi ~ ~ ~ - .......................... ............................UYOtI 3lIW N31 `N ........................... F = H n ~ n ~ n ~~ ~i Y ~ ~ ~ aa H Nw .. a - _ ' ~~ $ $ S $ d S R d S= O ac" i$~ ~ ~5 i$ g e9{, Se`R d ~s 91 mc S+~ ro ~n n ~ ,: ~ m m j ~NV~ am,~ $ ~ ~ r O~ ~ d mn vS ~ $ g $ +~ $ ug am a d 'cal °a ' 't"- : >~"° 3$ $ $$ ~ $ .~ $$ ml ~ y~ ~ s ~ « at d ~ m ~ ~ w$ . I$- $ .. ~~ ^ or ~. ri . .. m~ Q ~ uid .. . e;r . ei m $ ~ 8 ~ g ir 8 ~ $ « $8 ~~ ~8 ~ 88 ~~ 8 ~ 8 6n $ $ ~~ R ~$ ~ F1~ ~~ ~ ~ s t~ ~ 3 $ G~ ~S Sm S S& S S SS 23 ~ t~ tY~ C~ ~ • December 15, 2006 SHP 06-008 MERIDIAN CITY COUNCIL MEETING December 19, 2006 APPLICANT JR & Bonnie Schwenkfelder, LLC ITEM NO. 6-Q REQUEST Request for Short Plat Approval of Schwenkfelder Tire Short Plat consisting of one commercial building lot on 1.903 acres in a C-G zone AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: 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. • ~ December 15, 2006 MERIDIAN CITY COUNCIL MEETING December i 9, 2006 APPLICANT ITEM NO. 6-R REQUEST Approve Contract for Training and lnstatlation of Electronic Tracking System with ETS: 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 Contract ~"° Date: Phone: Staff Initials: Materials present®d at public meetlnQs shall become property of the City of Msddian. Page 1 of 1 Sharon Smith From: Sharon Smith Sent: Thursday, December 14, 2006 12:05 PM To: Will Berg Cc: Keith Watts Subject: ETC agreement for Electronic Tracking System Keith Watts explained that there is no cost to MPD for this tracking system, and therefore no council approval was sought. There would be repair /replacement expenses if any equipment is damaged, so he did suggest we put it on for Council approval December 19, 2006. Thanks! Sharon Smith Sr. Deputy City Clerk Meridian City Clerks Office Phone 208.888.4433 12/14/2006 Fi•R~~c TRac~r~ SYSTEMS A 8A-%R87A4l1ANM60~11' W37PANY December 5, 2006 Mayor Tammy de Weerd Meridian Police Department 1401 E Watertower Avenue Meridian, ID 83642 In reference to: Agreement 1701 Mayor Tammy de Weerd: • ~~J~~ ~'~C ~ ~ ZO06 C t~ ~1~M~r~ Enclosed is your fully executed copy of the above agreement. You can rest assured we will provide you with the fastest, most efficient service, along with the highest quality products available. Should you have any questions regarding this contract, please contact me. We look forward working with you. Sincerely, ~ W`a-- Tammie Wolters Contract Administrator Phone 469-574-2024 Fax 469-574-20001 twolters@sm-ets.com enclosure cc: file 2545 Tarpley Road 1 CarYOllton, TX 75006 • (469) 574-4000 • Fax (469) 574-4001 1 ETS Electronic Tracking Systems 2545 Tarpley Road Carrollton, Texas 75006 Attention: Contract Administrator Phone: 469-574-4000, FAX: 469-574-2001 • /'~'1 ~ tdcaM Po I ~ e e ~ua'~m~-~- ~ ~o I E. W~~~~~ ,~v~,~,u.e. YYler id i c-v~-l , I D $ 3 to ~ 2-. The parties above agree to the following terms and conditions for the use of ETS' Electronic Tracking System elements by User: TvAe of Contract: Initial Install X Renewal 0 Term: 3 yeazs ETS' Oblieations -ETS agrees to provide the following: • Delivery of the Tracking System elements in good operating condition for use in the Tracking System. • Installation training (including special tools and templates) of designated personnel; installation inspection; and initial installation and alignment of the mobile tracking units. • Installation and alignment of all fixed site equipment. • Installation of area wide monitor (AWM), including mapping of geographic azea of coverage and coordination of telephone interface. • Training of designated police personnel as instructors in the operation of all Tracking System elements. • Annual preventative maintenance on system elements. • Repair or replace defective equipment when returned to ETS with RMA Form after Trouble-Shooting per the ETS Trouble-Shooting Guide provided. • Participation in an annual review of the Tracking System operations. • Initial installations of vehicle install kits. User's Oblieations -User agrees to provide the following: • Subsequent removal and reinstallation during fleet replacement. • Assistance in the selection of fixed site (remote detector) locations. • Payment of costs for the installation and monthly lease fees of phone lines required from the remote detectors to the communications center. • Designation of police personnel to be trained by ETS as instructors and training by User of User's personnel in sufficient numbers to provide optimum utilization of the Tracking System. • Notification of local Telephone Company for the repair of phone lines when indicated by the AWM. • Payment for the repair or replacement, whichever is less, for Tracking System elements that aze damaged or lost, normal wear and tear excepted, in accordance with the following: `~~M $9,350.00 Vehicle Receiver $2,050.00 Pocket Detector $275.00 Stake-Out Tag $135.00 Vehicle Installation Kit $200.00 Aircraft Installation Kit $500.00 Hand Held Tracker $2,200.00 Vehicle Display $325.00 Fixed Site Beacon $400.00 Training Tag $120.00 Test Transmitter $300.00 Pocket Beacon $145.00 Talker $375.00 Listener $350.00 Cable Tester $550.00 Remote Detector $2,700.00 • ~ General • The term of this Agreement shall be for an initial period of three (3) years, and shall renew automatically thereafter for successive one-year periods. The User, upon written notice to ETS, may terminate this agreement based upon loss of funding in a fiscal yeaz (October to September) regazdless of the expiration of the initial term or any renewal term. Notwithstanding the foregoing, ETS may terminate this Agreement at any time without liability upon thirty (30) days written notice to Agency if ETS is unable to provide the Services to Agency or ETS customers in a geographical azea due to causes beyond the reasonable control of ETS.. • If additional Stake-Out Tags are requested they must be leased on the standard ETS Master Agreement for Tag leases. • Title to the Tracking System elements will remain with ETS. Upon expiration or termination of this Agreement, User will return the Tracking System elements to ETS in good working condition reasonable weaz and tear accepted. • User will not disclose the terms of this Agreement or the nature or operation of the Tracking System elements to any person without the prior written consent of ETS, except that User may disclose such information to those employees of User with a legitimate need to know. In addition, User will require all such employees to keep the nature of this Agreement and the Tracking System elements strictly confidential. • USER WILL BE SOLEY RESPONSIBLE FOR ALL CONSEQUENCES ARISING FROM ITS USE AND OPERATION OF THE ELECTRONIC TRACKING SYSTEM. ETS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL EXEMPLARY OR OTHER INDIRECT DAMAGES OR FOR ANY FAILURE OR DELAY IN ETS' PERFORMANCE 1F SUCH DELAY IS DUE IN WHOLE OR IN PART TO ANY CAUSE BEYOND ETS' CONTROL. • ETS' WARRANTY OBLIGATIONS SHALL BE LIMITED TO PROVIDING TRACKING SYSTEM ELEMENTS AS SPECIFIED ABOVE. THIS WARRANTY IS IN LIEU OF ALL OTHER EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABLILITY AND FITNESS FOR A PARTICULAR PURPOSE. • This Agreement constitutes the entire agreement of the parties with regard to the subject matter hereof, and supersedes all such prior written and oral agreements between the parties. The parties acknowledge that they have read the terms and conditions listed above, and hereby agree to be. bound by such terms and conditions. USER By: Name: C2~cv- M~(C~ lc~.e (,c,Je [~. Title: Mpa,~pr Date: ~ ~ - ~ - Q ETS Name: Ll.. K-~~~ Title: ~ P~ Date: ~~,-~J-®~ ~f~/ ~ ~3o~n~ ~~~~ ~°/3.11~L • ~J December 15, 2006 MERIDIAN CITY COUNCfL MEETING December 19, 2006 APPLICANT ITEM NO. 6-$ REQUEST Approve Agreement for Professional Services with Indigo Networks for Wireless Network Infrastructure Maintenance, Operational Support and Repair: 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: SANffARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See Aftpched Agreement v~' Date: Phone: _ Staff Initials: Matertals presented at public meeMnga shah become property of the CHy of Meridian. AGREEMENT FOR PROFESSIONAL SERVICES: WIRELESS NETWORK INFRASTRUCTURE MAINTENANCE, OPERATIONAL SUPPORT, AND REPAIR THIS AGREEMENT, made this 11~' day of December , 2006, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY," 33 East Idaho Avenue, Meridian, Idaho 83642, and Blue Modal, Inc., doing business as INDIGO Networks, hereinafter referred to as "INDIGO," whose business address is _874 East Blue Heron St, Meridian, ID 83646. Scope of Services: INDIGO shall perform all services, and comply in all respects, pursuant to and as specified in the document entitled "Scope of Services" a copy of which is attached hereto as Exhibit A and incorporated herein by this reference. Nothing set forth herein shall bind CITY to engage INDIGO for the performance of services not covered by this agreement. 2. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire on March 31, 2007 unless earlier terminated or extended. 3. Indemnification and Insurance: INDIGO 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 INDIGO, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. INDIGO shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance 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, INDIGO 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. Additionally, INDIGO shall maintain Workers Compensation Insurance, in the statutory limits as PAGE 1 OF 14 INDIGO PROFESSIONAL SERVICES AGREEMENT WIRELESS NETWORK INFRASTRUCTURE MAINTENANCE, OPERATIONAL SUPPORT, AND REPAIR • required by law. INDIGO shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing INDIGO'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY. In the event the insurance minimums are changed, INDIGO shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Clerk with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 4. Independent Contractor: In all matters pertaining to this agreement, INDIGO shall be acting as an independent contractor, and neither INDIGO nor any officer, employee or agent of INDIGO will be deemed an employee of CITY. The selection and designation of the personnel of CITY in the performance of this agreement shall be made by CITY. 5a. Compensation: INDIGO shall be compensated for professional services set forth herein in the amount of $6340 per year ($1585.00 per quarter). Comprised of $10/month per monitored devices (currently 16 radios at $480 per quarter), plus fixed charges of $1105 per quarter for all other required services. Services charges will not increase or decrease with the number of hours utilized for services within the scope of this contract. Compensation for services not covered by this agreement, including all services initiated after 7pm on a business day, shall be negotiated separately. Nothing set forth herein shall bind CITY to engage INDIGO for the performance of services not covered by this agreement. 5b. Unless and until an agreement for after-hours work and labor rates is signed by both parties, that rate will be set at $125 per hour with a one hour minimum. 6. Method of Payment: INDIGO will invoice the City of Meridian Accounting Department at 33 East Idaho Avenue, Meridian, Idaho 83642 directly for all current amounts earned under this Agreement on a quarterly basis. CITY will pay all invoices within thirty (30) days after receipt. 7. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: PAGE 2 OF 14 INDIGO PROFESSIONAL SERVICES AGREEMENT WIRELESS NETWORK INFRASTRUCTURE MAINTENANCE, OPERATIONAL SUPPORT, AND REPAIR City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 INDIGO Network 874 East Blue Heron Street Meridian, ID 83646 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. 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 attorneys' 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. 9. 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 party so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that INDIGO shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 11. Discrimination Prohibited: In performing the Services required herein, INDIGO shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. PAGE 3 OF 14 INDIGO PROFESSIONAL SERVICES AGREEMENT WIRELESS NETWORK INFRASTRUCTURE MAINTENANCE, OPERATIONAL SUPPORT, AND REPAIR 13. Audits and Inspections: At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of INDIGO'S relevant records with respect to all matters covered by this Agreement. INDIGO shall permit the CITY to audit, examine, and copy such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15a. Compliance with Laws: In performing the scope of services required hereunder, INDIGO shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 15b. Safety considerations: No work requirement or time limit shall be enforced in cases where weather or other conditions do not allow for the work to be performed safely. Reasonable accommodations shall be made by both parties to perform or resume work as soon as conditions are safe to do so. This explicitly includes any condition wherein lightning risk is present. 16a. Changes: Proposed changes to the "Scope of Services" or "Compensation for Services" documents, including any increase or decrease in the amount of INDIGO's compensation, shall be submitted in writing. The party to whom the change is proposed shall have ninety (90) days to acceptor reject the proposed change. Changes which are mutually agreed upon by and between the CITY and INDIGO shall be incorporated into this Agreement by written amendment signed by both parties. 16b. Equipment or locations to be added to the Agreement may be added to the monitoring system and maintenance responsibilities of INDIGO with 7 days notice and will be charged at a proportional rate equivalent to 1/16 of the current rate per new radio. Equipment to be removed from Agreement shall be removed from the monitoring system and maintenance responsibilities of INDIGO within 7 days, however no pro-rated credit will be issued for the removed device(s). Equipment to be moved from one location to another, re-mounted at an existing location or substantially re- configured are outside the scope of this Agreement and will require additional billable services if performed by INDIGO. 16c. Excessive repairs: Any device repaired more than once within a 12 month period shall be deemed defective and replaced at CITY's expense to avoid excessive demand for repair labor. This shall apply only the same device with the same serial number as previous repairs, and shall not PAGE 4 OF 14 INDIGO PROFESSIONAL SERVICES AGREEMENT WIRELESS NETWORK INFRASTRUCTURE MAINTENANCE, OPERATIONAL SUPPORT, AND REPAIR apply to devices replaced with new or refurbished equipment that has a new or different serial number. 17. Termination: If, through any cause, INDIGO, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the Meridian City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to INDIGO of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. INDIGO may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by INDIGO pursuant to and under this Agreement shall, at the option of the CITY, become its property, and INDIGO shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, INDIGO shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by INDIGO, and the CITY may withhold any payments to INDIGO for the purposes of set-off until such time as the exact amount of damages due the CITY from INDIGO is determined. This provision shall survive the termination of this agreement and shall not relieve INDIGO of its liability to the CITY for damages. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. PAGE 5 OF 14 INDIGO PROFESSIONAL SERVICES AGREEMENT WIRELESS NETWORK INFRASTRUCTURE MAINTENANCE, OPERATIONAL SUPPORT, AND REPAIR 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by CITY. ~~o~ ~,~ /lam CITY OF MERIDIAN BY~ L~ TAMMY EERD, MAYOR `,l ~VVIVSIIIIIf/!////, f ' ~ ~~ ~~iriGrl~ l ~ ~~-O~ Attest: ~` oa\` '~'i ~ ~~~° i r11 D~- ~ ~ WILLIAM G. BERG, JR. CI CLLR ~ ~ a PAGE 6 OF 14 INDIGO PROFESSIONAL SERVICES AGREEMENT WIRELESS NETWORK INFRASTRUCTURE MAINTENANCE, OPERATIONAL SUPPORT, AND REPAIR EXHIBIT A SCOPE OF SERVICES A. Definitions: For purposes of this Agreement, the following terms, phrases, words, and derivations shall have the meanings given herein. 1. BENCHMARK SPECIFICATIONS: To establish a benchmark for current signal levels and throughput, the Received Signal Strength, data throughput and round-trip ping time for each remote radio location will be measured and performance during the term of this agreement will be maintained at a minimum of +/- 2dB (RF) or 75% (IP) of the measured benchmark for the 16 currently installed radios. 2. BUSINESS HOURS: Time period between 7:00 a.m. and 7:00 p.m. 3. NETWORK ADMINISTRATOR: CITY's Information Technology Manager/ Administrator and/or his designee. 4. NON-BUSINESS HOURS: Time period between 7:00 p.m. and 7:00 a.m. 5. WIRELESS NETWORK INFRASTRUCTURE: Any and all networking devices and support services enabling and/or facilitating point-to-point and point-to- multipoint radio transmissions within CITY's networked communications system. The Wireless Network Infrastructure includes, but is not limited to, all devices and equipment between radios and antennae, all devices and equipment connecting the wireless system to CITY's Local Area Network (LAN), all software facilitating the operation of such devices, the monitoring and maintenance of such devices and equipment, and appropriate security measures preventing unauthorized use thereof or interference therewith. B. INDIGO's Responsibilities 1. INDIGO shall provide the following services to CITY at any and all times, during business and/or non-business hours: a. INDIGO shall provide oversight and monitoring of any and all components of the Wireless Network Infrastructure. PAGE 7 OF 14 INDIGO PROFESSIONAL SERVICES AGREEMENT WIRELESS NETWORK INFRASTRUCTURE MAINTENANCE, OPERATIONAL SUPPORT, AND REPAIR r b. INDIGO shall provide a method by which CITY's Network Administrator may report any problem with the Wireless Network Infrastructure at any time. c. INDIGO shall provide the name and contact information of personnel to whom CITY may report any problem with the Wireless Network Infrastructure at any time. INDIGO shall, when practicable, notify CITY of any change in such personnel and/or contact information, whether such change be temporary or permanent, at least seven (7) calendar days before the change. Such notification shall include the name and contact information of the replacement personnel to whom CITY may report any problem with the Wireless Network Infrastructure at any time. d. INDIGO shall provide at a competitive market price materials and supplies necessary for INDIGO to oversee, monitor, maintain, and repair the Wireless Network Infrastructure, including, but not limited to, antennae coax cable, connectors, fasteners, bolts, and screws, but INDIGO shall first provide actual notice to CITY's Network Administrator where the installation of such enumerated or additional equipment is or may be necessary to maintain or repair the Wireless Network Infrastructure or restore service and shall obtain approval of the Network Administrator before making such installation. e. INDIGO shall provide CITY's Network Administrator forty-eight (48) hours actual notice of any scheduled, non-emergency outage, interruption of use, or foreseeable degradation of the Wireless Network Infrastructure. Scheduled, non-emergency outages shall occur only when and as agreed by CITY. f. INDIGO shall work with CITY's Network Administrator to provide the necessary remote access pathways through all firewalls as necessary to reach the http port and ssh port on the monitoring server at the City Hall and to otherwise oversee and monitor the Wireless Network Infrastructure. g. INDIGO shall not remove from CITY premises equipment purchased, owned, or otherwise in the possession or control of CITY. h. INDIGO shall comply with and/or use security measures, protocols, and/or equipment put into place by CITY to secure the Wireless PAGE 8 OF 14 INDIGO PROFESSIONAL SERVICES AGREEMENT WIRELESS NETWORK INFRASTRUCTURE MAINTENANCE, OPERATIONAL SUPPORT, AND REPAIR Network Infrastructure, the Local Area Network, and/or any other CITY property or equipment. i. INDIGO shall ensure that the Wireless Network Infrastructure is secure at all times. j. INDIGO shall not be responsible for the cost of replacing Wireless Network Infrastructure components damaged or destroyed by a natural disaster or act of God. INDIGO shall be responsible under this agreement for maintenance, repair, installation of upgrades, and restoration of service and/or connectivity following any such natural disaster or act of God. k. INDIGO personnel shall maintain all certifications necessary to complete INDIGO's responsibilities under this agreement. INDIGO shall address and resolve any and all failures of the Wireless Network Infrastructure to meet benchmark specifications as herein defined, any and all outages of the Wireless Network Infrastructure, and any and all degradations of the Wireless Network Infrastructure as quickly as possible, and/or unless and/or until the problem is determined to be unrelated to the Wireless Network Infrastructure, in which case INDIGO shall communicate the problem to CITY's Network Administrator. m. INDIGO warrants that all reasonable measures within its resources shall be taken to ensure the performance, availability, and integrity of the Wireless Network Infrastructure. n. Any efforts or expenses incurred by INDIGO while addressing a problem that is later determined to have been caused by acts or negligence of CITY employees or by non-employees gaining access through CITY resources will fall outside the scope of this agreement and be billable at the established rate for business-hours or after-hours labor. 2. INDIGO shall provide the following services to CITY during business hours: a. INDIGO shall provide maintenance, operational support, and repair of the existing 16-radio Wireless Network Infrastructure. PAGE 9 OF 14 INDIGO PROFESSIONAL SERVICES AGREEMENT WIRELESS NETWORK INFRASTRUCTURE MAINTENANCE, OPERATIONAL SUPPORT, AND REPAIR b. INDIGO shall evaluate and install Firmware upgrades to the Wireless Network Infrastructure. Such installations shall be scheduled per the instruction of CITY's Network Administrator, following testing performed on CITY-provided test equipment c. Where CITY provides at least two (2) hours actual notice of a change in the Local Area Network which may change the state of connectivity of the Wireless Network Infrastructure, INDIGO shall re-establish connectivity and/or provide any necessary maintenance, operational support, or repair to the Wireless Network Infrastructure resulting from such change. d. Where, during business hours, the Wireless Network Infrastructure fails to meet the benchmark specifications, and/or an outage and/or degradation of the Wireless Network Infrastructure occurs, INDIGO shall provide the following services to CITY: i. INDIGO shall utilize ongoing monitoring systems to detect and determine the source of the problem within the Wireless Network Infrastructure; ii. INDIGO shall provide City IT Staff read-only access to the monitoring equipment. iii. INDIGO shall provide the City's Nefinrork Administrator a-mail notification of outages or degradations of the City's wireless network generated by INDIGO's monitoring equipment. iv. INDIGO shall contact CITY's Network Administrator by telephone within thirty (30) minutes of the occurrence of the problem to brief the Network Administrator on specific steps that have been and will be taken to resolve the problem and to schedule access to a component of the Wireless Network Infrastructure where necessary; v. Where physical access to a component of the Wireless Network Infrastructure is required to resolve the problem, INDIGO shall arrive on site within two (2) hours of the outage or degradation; and PAGE 10 OF 14 INDIGO PROFESSIONAL SERVICES AGREEMENT WIRELESS NETWORK INFRASTRUCTURE MAINTENANCE, OPERATIONAL SUPPORT, AND REPAIR vi. INDIGO shall continue monitoring via SNMP polling at one- minute intervals. b. Where, during business hours, the Wireless Network Infrastructure fails to meet the benchmark specifications, and/or an outage or degradation of the Wireless Network Infrastructure occurs, INDIGO shall resolve the problem that day, regardless of whether such resolution is completed by 7:00 p.m. Where maintenance or repair is initiated during business hours, INDIGO shall continue such maintenance or repair until resolution is achieved, even where such maintenance or repair extends into non-business hours. Where INDIGO initiates such maintenance or repair during business hours and continues such maintenance or repair into non-business hours, all terms of this agreement shall apply. CITY shall not incur non-business rates or other costs in such situation; rather, such situation is covered by this agreement. 3. INDIGO shall provide the following services to CITY during non-business hours: a. Where, during non-business hours, the Wireless Network Infrastructure fails to meet the benchmark specifications, and/or an outage or degradation of the Wireless Network Infrastructure occurs, CITY may engage any service provider of CITY's choosing to resolve the problem. Such service provider may be or include, but shall not necessarily be, INDIGO. In the event that CITY engages INDIGO to conduct maintenance or repair of the Wireless Network Infrastructure during non-business hours, CITY shall negotiate terms and compensation with INDIGO separately from this agreement. Nothing set forth herein shall bind CITY to engage INDIGO for the performance of services not covered by this agreement. b. Where, during non-business hours, the Wireless Network Infrastructure fails to meet the benchmark specifications, and/or an outage or degradation of the Wireless Network Infrastructure occurs, INDIGO shall initiate the following protocol at 7:00 a.m. on the morning following such problem: i. INDIGO shall utilize ongoing monitoring systems to detect and determine the source of the problem within the Wireless Network Infrastructure; PAGE 11 OF 14 INDIGO PROFESSIONAL SERVICES AGREEMENT WIRELESS NETWORK INFRASTRUCTURE MAINTENANCE, OPERATIONAL SUPPORT, AND REPAIR ~ r ii. INDIGO shall contact CITY's Network Administrator by telephone by 7:15 a.m. to brief the Network Administrator on specific steps that have been and will be taken to resolve the problem and to schedule access to a component of the Wireless Network Infrastructure where necessary; iii. Where physical access to a component of the Wireless Network Infrastructure is required to resolve the problem, INDIGO shall arrive on site within one (1) hour of the conclusion of the contact with CITY's Network Administrator; and iv. INDIGO shall continue monitoring via SNMP polling at one- minute intervals. C. CITY's Responsibilities 1. CITY shall provide the name and contact information of CITY's Network Administrator, which person shall serve as INDIGO's contact for communications with CITY at any time. CITY shall, where practicable, notify INDIGO of any change in the Network Administrator and/or contact information, whether such change be temporary or permanent, at least seven (7) calendar days before the change. Such notification shall include the name and contact information of the replacement personnel with INDIGO may communicate at any time regarding the Wireless Network Infrastructure. 2. CITY shall maintain CITY's Local Area Network so that the operation thereof does not compromise the performance or integrity of the Wireless Network Infrastructure. 3. CITY shall provide support to City of Meridian employees in using the Wireless Network Infrastructure. 4. CITY shall provide INDIGO with at least two (2) hours actual notice of a change in the Local Area Network which may change the state of connectivity of the Wireless Network Infrastructure. 5. CITY shall work with INDIGO to provide the necessary remote access pathways through all firewalls as necessary to reach the http port and ssh PAGE120F14 INDIGO PROFESSIONAL SERVICES AGREEMENT WIRELESS NETWORK INFRASTRUCTURE MAINTENANCE, OPERATIONAL SUPPORT, AND REPAIR C~ port on the monitoring server at the water tower and to otherwise oversee and monitor the Wireless Network Infrastructure. 6. CITY's Network Administrator may secure remote access pathways established to facilitate INDIGO's oversight and monitoring functions by changing access codes and passwords at his discretion. CITY's Network Administrator shall notify INDIGO at least twenty-four (24) hours prior to making such changes, except where such changes are immediately necessary to secure the Local Area Network. ®. Wireless Network Infrastructure Performance A. INDIGO warrants the performance and the reliability of the network maintaining performance within the current performance based on the baseline, attached hereto as Exhibit B and by this reference made a part hereof, + or - 2d6 for the duration of the agreement. PAGE 13 OF 14 INDIGO PROFESSIONAL SERVICES AGREEMENT WIRELESS NETWORK INFRASTRUCTURE MAINTENANCE, OPERATIONAL SUPPORT, AND REPAIR EXHIBIT B CITY OF MERIDIAN WIRESS NETWOWRK SITE DOCS (BENCHMARK) PAGE 14 OF 14 INDIGO PROFESSIONAL SERVICES AGREEMENT WIRELESS NETWORK INFRASTRUCTURE MAINTENANCE, OPERATIONAL SUPPORT, AND REPAIR City of Meridian Wireless Network Site Do~ qu + ai _. City of Meridian Wireless Network Site Docs Water Tower City Hall . Bldg / P8~Z /Public Works Parks 8~ Rec . Waste Water Fire Station 1 Fire Station 2 Fire Station 3 . Fire Station 4 Annex Water Dept. Police Station file:///C:/DOCUME~ATTH EN 1. WHE/LOCALSN 1/Temp/Merid.. ~~ ~~~ ~ ~ ~ x~z-rem, /~~~~ ~~ ~t 1 of 1 1~iRi~nnti n•~~ nN City of Meridian Wireless Network Site Dots au +: au -- City of Meridian Wireless Network Site Dots - Water Tower - Entry Address . Phone file: ///C:/DOCUMEN~MAITHEN 1. WHE/LOCALSN 1/Temp/Merid. Terry Paternoster 869-5537 paternot@cityofineridian.org Secondary Contact Access with escort only. Gate and access hatch must be unlocked. Harnesses required (two inside tower). Light switches at base, inlcuding tube. Additional equipment at top of tower belongs to Ada County Equipment - Location Four MP.1 is BSUs at top of tower Switch/Power Injectors at base of tower in 19" rack Antenna Bearing Photos - BSU 1 Firmware TFTP File Channel Noise IP Address MAC port map Bearing Photos - BSU2 Firmware TFTP File Channel Noise IP Address MAC port map Bearing Photos - BSU3 Firmware TFTP File Channel Noise IP Address MAC port map Bearing Photos - BSU4 1 of 7 12/8/2006 10:35 AN City of Meridian Wireless Network Site ~ file:///C:/DOCUME~ATTHENi.WHE/LOCALSNi/Temp/Merid.. Firmware TFTP File Channel Noise IP Address MAC port map Bearing Photos Tsunami 100 Channel Noise IP Address MAC port map Bearing Photos City Hall - Entry 33 E. Idaho -Main Entry on Idaho, North side of building 888-4433 Terry Paternoster 869-5537 paternot@cityofineridian.org David Tiede tieded@cityofineridian.org - Equipment - IP Address Router 192.168.202.31 MP.11a 192.168.202.30 MAC 00:20:A6:59:8B:7E port map 20230 / 20231 - Location Southwest corner of roof, access via hatch in basement stairway Switch inside closet across from Terry's office Antenna Bearing Photos - Config Firmware TFTP File Base Station 2, Channel roc RF Upstream: (-86) - (-53) = 33d6 SNR RF Downstream: (-82) - (-50) = 32d6 SNR Tsunami 100 Channel Noise IP Address MAC port map Bearing Photos ~Idg / P8Z /Public Works - Entry 660 E. Watertower Lane -Ste 150, 202, 200 887-2211 (Bldg) / 8845533 (Plan) / 898-5500 (PW) Primary Contact Secondary Contact Equipment 2 of 7 ~~iRnnn~ ~n•a~ oN City of Meridian Wireless Network Site Do~ IP Address 192.168.203.20/24 No router port map 20320 MAC 00:20:A6:58:A8:D5 Location Radio/Antenna Switch/Power Injector Antenna Bearing Photos file:///C:/DOCUME~A'17HEN 1.WHE/LOCALSN 1/Temp/Merid. Config Firmware TFTP File Base Station 3, Channel roc RF Upstream: (-86) - (-42) = 44dB SNR RF Downstream: (-90) - (-46) = 44dB SNR Parks Sz Rec - Entry 11 W. Bower 888-3579 Elroy Huff huffe@meridiancity.org Secondary Contact Equipment - IP Address 192.168.201.30 No router MAC 00:20:A6:59:8A:82 port map 20130 - Location Radio/Antenna Switch/Power Injector Antenna Bearing Photos Config Firmware TFTP File Base Station 1, Channel roc RF Downstream: (-89) - (-53) = 36dB SNR RF Upstream: (-87) - (-50) = 37d6 SNR Waste Water Entry 3401 N. 10Mile Road 888-2191 Primary Contact Sernndary Contact Equipment IP Address 192.168.201.10/24 No router MAC 00:20:A6:59:88:57 port map 20110 Location Switch in Lab Building, inside mechanical room at East end, copper line to main building Radio on Lab Building, 24" Solid Dish 3 of 7 ~vai~nnti ~n~~s ah City of Meridian Wireless Network Site Docs file:///C:/DOCUMEN~MATTHENI.WHE/LOCALSN 1/Temp/Merid.. Antenna Bearing Photos Buzzer at gate off 10 Mile if closed Config Firmware TFTP File Base Station 1, Channel roc RF Downstream: (-86) - (-58) = 28d6 SNR RF Upstream: (-87) - (-60) = 27dB SNR Fire Station 1 - Entry Address Phone Primary Contact Secondary Contact Equipment - IP Address 192.168.203.10/24 No router MAC 00:20:A6:59:88:57 port map 20310 - Location Radio/Antenna Switch/Power Injector Antenna Bearing Photos Config Firmware TFTP File Base Station 3, Channel roc RF Upstream: (-86) - (-49) = 37dB SNR RF Downstream: (-90) - (-52) = 38dB SNR Fire Station 2 - Entry Address Phone Primary Contact Secondary Contact Equipment IP Address 192.168.201.20/24 No router port map 20120 MAC 00:20:A6:59:8D:94 - Location Radio/Antenna Switch/Power Injector Antenna Bearing Photos - Config Firmware TFTP File Base Station 1, Channel roc RF Downstream: (-92) - (-61) = 31dB SNR RF Upstream: (-87) - (-56) = 31dB SNR 4 of 7 12/8/2006 10:35 AN City of Meridian Wireless Network Site Do~ file:///C:/DOCUME~T'fHEN 1.WHE/LOCALSNi/Temp/Merid., Fire Station 3 - Entry Address Phone Primary Contact Secondary Contact Equipment - IP Address 192.168.202.20 No router MAC 00:20:A6:59:88:63 port map 20220 - Location Radio/Antenna Switch/Power Injector Antenna Bearing Photos - Config Firmware TFTP File Base Station 2, Channel roc RF Upstream: (-86) - (-62) = 24d6 SNR RF Downstream: (-85) - (-59) = 26d6 SNR Fire Station 4 - Entry Eagle Road Phone Primary Contact Secondary Contact Equipment - IP Address 192.168.204.10 No router port map 20410 MAC 00:20:A6:59:88:63 - Location Radio/Antenna Switch/Power Injector Antenna Bearing Photos Config Firmware TFTP Fle Base Station 4, Channel roc RF Upstream: (-88) - (-60) = 28d6 SNR RF Downstream: (-89) - (-60) = 29d6 SNR Annex - Entry Address Phone Primary Contact Secondary Contact Equipment IP Address 192.168.202.10/24 5 of 7 12/8/2006 10:35 AM City of Meridian Wireless Network Site Do~ file:///C:/DOCUME~ATfHEN1.WHE/LOCALSN 1/Temp/Merid.. No router MAC 00:20:A6:59:88:A8 port map 20210 - Location Center of East/West ridge, access via ladder on East side Switch outside closet in cater of building Antenna Bearing Photos - Config Firmware TFTP File Base Station 2, Channel roc RF Upstream: (-85) - (-52) = 33d6 SNR RF Downstream: (-86) - (-51) = 35d6 SNR Water Dept. Entry 888-5242 clintonn@meiidiancity.org Secondary Contact 2235 NW 8th St Emergency Pager 327-8099 Equipment - IP Address 192.168.201.40/24 No router port map 20140 MAC 00:20:A6:59:8A:82 - Location Radio/Antenna Switch/Power Injector Antenna Bearing Photos - Config Firmware TFTP File Base Station 1, Channel roc RF Upstream: (-87) - (-51) = 36dB SNR RF Downstream: (-86) - (-50) = 36dB SNR Police Station Equipment IP Address 192.168.204.21/24 MP.11a 192.168.204.20 Router MAC 00:20:A6:59:87:A7 port map 20421 Location Switch/Injector Southwest corner, access through roof hatch in upstairs hallway Antenna Bearing Photos Config Firmware TFTP Fla Base Station 4, Channel roc RF Downstream: (-90) - (-54) = 36dB SNR 6 of 7 12/8/2006 10:35 AP City of Meridian Wireless Network Site Do~ file:///C:/DOCUME~ATfHEN1.WHE/LOCALSNI/Temp/Merid., ~~ RF Upstream: (-88) - (-52) = 36dB SNR Entry 1401 E. Watertower Ave 888-6678 Primary Contact Secondary Contact Enter through lobby on North side of building 7 of 7 12/8/2006 10:35 AM December 15, 2006 MERIDIAN CITY COUNCIL MEETING December ] 9, 2006 APPLICANT ITEM NO. 6-T REQUEST Memorandum Agreement on Overpayment of Overtime with IAFF Local # 2311 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: See attached 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. ~~ a ~Z~14~®~ Date ORIGINAL MEMORANDUM AGREEMENT OVERPAYMENT OF OVERTIME WHEREAS the City of Meridian (CITY) and LA.F.F. Local #2311 (UNION) have a current Collective Bargaining Agreement (AGREEMENT) that expires on September 30, 2007; WHEREAS the parties discovered an overpayment to 12 members of the UNION in overtime during the fiscal year 2005-06. See Attachment "A." WHEREAS the parties agree that the overpayment was an oversight and not intentionally paid or received knowingly in violation of the AGREEMENT the CITY or the UNION. WHEREAS because of this lack of intent by either party the parties mutually agree that special circumstances exist and no precedential result or waiver is to be construed in favor of the CITY or the UNION in the agreed upon outcome to this matter. THEREFORE, the parties agree to allow this one-time oversight to be forgiven and not remitted back to the CITY by the affected members of the UNION. Neither the CITY nor the UNION may use the outcome of this matter in any future circumstances in regards to overpayment, the forgiveness of monies owed by a member or the UNION as a whole, or in any other grievance or claim by the CITY or the UNION. This Memorandum Agreement shall be effective upon approval by the Union Vice -President and the Mayor and passed by Resolution of the City Council. 11 Vice-President Tammy de eerd, Mayor City of Meridian ~~~j~ anc~ !~~ ~il~ G'~wn,Gc, ~~f~: _ ~a\a\`,~~`~~u u n uu4~e ~~ -l~l-d6 1 -! - °~ ~ ~~~' \ a ~~~~. ,~ A~ ~ e~ ~• ~~S®S~i'~t~~Plllil St911~~`\``m MEMORANDUM AGREEMENT -OVERPAYMENT OF OVERTIME Page 1 of 1 ~'" b U N rl 01 er er Ifl OO N Of O b l~ rl ~ ~+ ~ L~ OO Oi 0 W 'W N b l~ b b O N ~' ~ .p W ri 'i d~ N O1 M rl N N N O N b ~ ~ •~ N O t/] tf1 O m~ v1 m N b b N eN a ~ b m ~n m m ar ep i. b tq ep N o II II i -.Oi b Cy .+D N .~ b v ~ v ~ '~ _ M O OD er p~ O~ M N V O ~ b ~ Q\ 00 M ~D d• O M O~ ~O ~O H ~ O~ O~ M 00 00 O~ O~ !Y ~O I~ ~O V7 ~ 'a' M N~ M N O M OO IA y ~ ~O l~ M l~ O\ \O N 00 ~O DD N W 7 ~ V ~ a ~ ~ 'd Vv-i 'VM ~ dam' M 3 .y A O1 N ro a b 0 N O N ~ + YI ~ Q Qua, m a.~~ " a .~ N W N i b d~ a0 ~ N O N b b N b ,p q w au rn~ <r r m o~ ,-i ,1 ~ w H ~ Gi tr1 O ~ b tb y! '-I W 01 b N l~ t!1 01 r-I a0 O\ ri O ao a0 07 O O7 'V' t!1 O 07 O O ~-I ~ `y; O U N ri rl lfl N ri N N N e} N O m y~ H 10 N S-I 3-I O~O U W ~ N O bO ~ 1-I U C ~"'~ M b V~ OD o o b o O\ U1 '~ 1l1 O '~ `~ ° •~ ` ° ~ ui b <r ao ,~ ~n ao r w w ~n ~ 3 ~ ~ O N N y,1 O N b~ Ul b r N N O m l~ N ~ E E W ~ Ol '-I O\ r~ lfl M t~ r-I ~ m N O O 01 b Ul O O\ M L~ N O o7 r-I b Ifl y ~ d ~ O 3 ; b d' b V~ N d' '~ b b V~ d' b ~ ~ ~ ~ V~ ~ ~ rl '~` N N O i O H V ~ V ~ [M V~ 'cM V~ Ifl ..T ~ w ~ w ° ~ ~ w o, , m 0 0 0 0 0 0 0 0 0 0 0 0 ~n o 0 0 0 o ui ~n ~n `~ ~ ~ ~~ ., ~ ui o ui c ~,,,, v x b N rn m ao ~ o rn O a m r '"' `D `~ `D `D G Ll lfl ~ to U) m lfl UI u1 L!1 N ul u1 '~ N v i v i v i v i .~ H N N N N N N N N N N N N ~ ~ N N > T N N 3 a a ~ ~=' , a .n ~ T a .o i, `~ w ~ ~ ~ . c ' ' v v ~ v 3 ~ ~ N N 'O 'O 'O 'O ~ - ~ ' ' N ++ ~ '~ W .O .O ~ .N. U 'O 'rJ ~O O ~ ' W Gb ;O o E E E H O 'i' ~ N N N N b b . i . -i . . . .a h ~ Q ~ ~ ~ b ~ ~ °o o° ° ° U ., ~ o o w z ~~ o°po °o°o a~i .~ a~ ~S ~ `~' .o v d' ~: E H ~ m m ro ro .a N a .~ .~ y~~ °o ~~ ~ ro H ro a~~~a+u ro ro ~ „ate r ,.- E H ~ E E ,, oo p N q dt g H q H F 0 M N O U O O q +1 E !t q C vi vi N ~ vi vi ~"~ N ~ . 11 +i J.1 11 W m N N +~ q q E N '~ M M N N ~ M M v~ ~n ~' VI h b ~""~ ~ 'C1 q m .q M .N .M, 'd H O] q ~i ~ a ~ a~ ~+ q 1 4 _ ~n fn W N N N ~ ~ ~ ro ro ,i ~ h a a a v H ~ ' ~ ~ ~ PS p C i P ~ 3 3 0 a4 a~ a~ ag a~ ag ~ O O~ O _U .V. ~ N ~ n ~ ~ N ~ N O ~ N N ~D ~ M ~ A F-I N y ~ . . ~ . . N i~ t]. d ... v ~, ro a ., m 0 0 N 1' V A • December 15, 2~b MERIDIAN CITY COUNCIL MEETING December 19, ~6 APPLICANT ITEM NO. 6-U REQUEST Approve Contract for Wastewater Fltration Engineering Report with CH2M HILL for $48,454 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials pr®s®Med at pubpc meeMnps shall become property of the City of Meridian. ~~ Memo To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer ~~C 15 206 City of Meridian City Clergy ®~Face Date: 12/14/2006 Re: Proposed Agenda Item for December 19, 2006 City Council Meeting The Public Works Department respectfully requests the following items be placed on the December 19 City Council agenda, under Consent Agenda, for Council's consideration: Wastewater Filtration Enaineerina Report. CH2M HILL has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $48,454. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 12~' of December, 2006 for the Engineering Services for Miscellaneous Wastewater Projects. This project provides engineering services for the engineering report for the design and construction of wastewater filtration and other tertiary treatment facilities at the wastewater treatment plant. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Wastewater Filtration Engineering Report with CH2M HILL for $48,454 and authorize the Mayor to sign it. Survev Training Support Services. JUB Engineers, Inc. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $5,858. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 12~' of December, 2006 for the Engineering Services for Miscellaneous Wastewater Projects. This project provides engineering equipment and limited training to equipment. services for consultation on the procurement of survey City staff on the operation and maintenance of the ~ Page 1 ~ ~ Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Survey Training Support Services with JUB Engineers, Inc. for $5,858 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. ~ Page 2 Statement of Work For Wastewater Filtration Engineering Report , City of Meridian Wastewater Treatment Plant 1.0 INTRODUCTION This statement of work (SOW) describes the development of a preliminary engineering report for the design and construction of the new wastewater filtration and other tertiary treatment facilities for the Meridian Wastewater Treatment Plant (WWTP) serving the City of Meridian (City) and surrounding area. This statement of work will become part.of the attached Standard Agreement for Professional Services, (AGREEMENT) once executed by CH2M HILL, INC. (Engineer) and City. 1.1 General The Meridian WWTP is located north of the Ten Mile Road and Ustick Road intersection, in Ada County, Idaho. Current expansions at the facility will increase the capacity to 9.1 million gallons per day (mgd), on a maximum month basis. The WWTP serves a primarily domestic area with a population of approximately 60,000 people. Treatment at the facility is provided by raw wastewater screening, grit removal, primary clarification, aeration basins, secondary clarification, tertiary filtration, post-aeration, and disinfection for the liquid stream. Effluent from the WWTP is discharged into Five Mile Creek or pumped to a second outfall in the Boise River near Linder Road. Solids handling is provided through thickening (in Primary Clarifiers for primary sludge, in Dissolved-Air Flotation Thickener for waste activated sludge), an anaerobic digestion process (thermophilic digesters followed by a mesophilic digester), and dewatered through a centrifuge. The resulting biosolids are hauled off-site for land application. 1.2 Background The tertiary filtration system at the Meridian WWTP includes three traveling-bridge sand filters providing a total capacity of 5.0 mgd and a firm capacity of 2.7 mgd. The City would like an engineering report developed to evaluate tertiary filtration and other tertiary technologies to provide the removal of Total Phosphorus (TP). The City is interested in phosphorus removal technologies to achieve a TP effluent of 0.5 mg/L and 0.07 mg/L utilizing a phased approach. Page 1 of 4 Z.0 WORK AND SERVICES 2.1 Task 1-Project Management and Quality Assurance/Quality Control The Engineer will be responsible for planning, managing, and executing the work in accordance with the schedule, budget, and quality expectations that are established. The project management task includes the following work activities: • Coordinate between tasks and team members. Document meeting decisions and action items, assign activities to team members, and follow up to ensure timely resolution. • Monitor project progress, including work completed, work remaining, budget expended, schedule, estimated cost of work remaining, and estimated cost at completion. • Monitor project activities for potential changes, anticipate changes when possible, and with City approval, modify project tasks, task budgets, and approach. • Manage the quality control review of work activities and project deliverables. • Prepare and submit a brief monthly narrative report, invoice, and schedule. 2.2 Task 2 -Process Evaluation The Engineer will gather information from the Meridian WWTP to develop process design criteria including: " • Influent flows and wastewater characteristics • Effluent requirements • Additional solids production from the use of filters • Tertiary Filtration Technology Evaluation o Cloth Media Filters o Continuous Up-flow Technologies (Blue Water, Parkson, Westech, etc.) o Microfiltration Technologies • Solids Contact Clarification Evaluation • TP removal evaluation for tertiary treatment technologies • Equipment performance requirements • Revised plant mass balances as a result of the new tertiary treatment unit processes • Equipment Redundancy • Revised plant hydraulic profile • Preliminary site layouts 2.3 Task 3 -Electrical and Instrumentation Evaluation The Engineer will gather information to develop electrical and instrumentation design criteria including: • Equipment power requirements • Instrumentation and Control Requirements Page 2 of 4 ~ ~ 2.4 Task 4 -Opinion of Probable Cost Opinions of probable construction cost will be prepared for the anticipated new facilities. Capital costs include construction costs, associated engineering and construction services costs, legal and administrative cost, sales tax, and appropriate contingency. 2.5 Task 5 -Schedule Evaluation An evaluation of the project schedule will include design, bid and award, equipment delivery (if long lead time), and construction schedule. Long lead items will be identified for prepurchase. 2.6 Task 6 -Engineering Report Submittal and Review An Engineering Report summarizing the evaluation will be prepared in accordance with IDAPA 58.01.16, Wastewater Rules, and submitted to IDEQ. The Engineering Report will include the following sections: • Coordination With Existing Facilities • Design Criteria • Site Evaluation and Layout • Process Units • Instrumentation and Control System • Regulatory and Code Review • Cost Estimate • Schedule The Engineer will submit the draft report to the City and conduct one review meeting with City personnel. Review comments will be incorporated and two copies will be submitted to IDEQ Boise Regional Office for review and approval. 3.0 DELIVERABLES AND SCHEDULE The Engineer will provide the City with one draft hard-copy and two fmal hard-copies of the report. Three sets of compact disks, each containing. the fmal report in Adobe Acrobat PDF format will also be provided. The draft report will be delivered to City no later than ninety days after receipt of notice to proceed. Final submittal will occur 30 days after receipt of City and IDEQ review comments. 4.0 ASSUMPTIONS The following assumptions are associated with this project: 1. City is allocated ten working days to review all draft deliverables. 2. City provides plant information such as influent flow rates and wastewater characteristics within five working days of Notice to Proceed. 3. Existing Survey data will be used. 4. Existing Geotechnical data will be used. Page 3 of 4 5.0 FEE ARRANGEMENT As consideration for providing the services enumerated under the Statement of Work, the CITY shall pay the ENGINEER the amount of $48,454 in accordance with the AGREEMENT. The fee shall be based on time and materials (3.15 raw labor multiplier). The cost for performing the Scope of Work shall not exceed the total fee amount stated above without a written amendment by both parties. Service Center charges will be billed at current rates. 6.0 OTHER PROVISIONS This Statement of Work will become part of the referenced AGREEMENT when executed by both parties. IN WITNESS WHEREOF, the parties execute below: For OWNER, City of Meridian, Idaho, dated this day of , Approved By: Mayor: ATTEST, City Clerk: For ENGINEER, CH2M HILL, INC. dated this day of , By: Page 4 of 4 Meridian Filter Study -Engineering Report ~~~~~~~ Er>~ployee Hours °~~ All Budgets, without Pertod Subtotals - Task Number Task Name Hours Ayers, Daniel D -Project Manager A1.01 PM 24 0 A1.02 Pracess/Mechanical . 24 0 Ai.05 Schedule . 8 0 A1.0~ Reviews & Submittals . 16 0 Subbtotal for ~2_p Subtotal for /4~yers, Daniel DProject. Manager 72,p Bishop, Richard P -Senior Review A1.0~ Reviews & Submittals $ 0 Subtotal fdr g,p Subtotal for Bishop, Richard PSenior Review g;p Needles, Paul -Contracts A1.0~ PIW 20 Subtotal for ~,p Subtotal for Headlee, PaufCantracts 2;t} Johnson, Bruce Reed. - Senior technologist A1.02 Process111Aechanica! 32.0 Srtbrotal for 3~,p Subtotal for Johnson, Bruce; ReedSeritor t~hnolagist 32.0. Leaf, William R -Process Engineer A1.02 Process/Mechanical 1 ~ Q A1.04 Cost Estimate . .1.6.0 A1.07 Reviews & Submittals . :16.0 Sub#omt far f~,p Subtotal for t.eaf, Wtlliaan RProcess Engineer 132.0 Miller, Katherine- A - Word. Processing A1.07 Reviews & Submittals 16.E3 Subtotal for i6..0 Subto#at for Miller, tCatherfne AWord Pracessfng tg,0 NWR Senior Prafesslonal -Cast Estimetar A1.04 Cast Estimate 8 0 AY•~ ~hedule . 4.0 Sub#otat for i7,0 Subtotal far NWR Senior ProfessionalCost Estimator 12.0 Patin, Toby B - Etedrical Engineer A1.Q3 ©ectll&C 24.0 Subtotal for 24,p Subtotal for Patin, Taby BElectrlcat Engineer Zq,Q Rardin, Michael S -Cad tech A1.07 Reviews ~ Submittals 4Q Q http:lfwww.int.ch2m.com/pricer/Reparts.aspx?Id-54&ReportName;Employee%20Haurs&Peria... 11!14/2006 Meridian Filter Study -Engineering Report rr ~~~~~~~ Employee Hours -= Alt Budgets, without Period Subtotals Task Number Task Name Hours Subtotal for qp,p Subtotal for Rardin, Michael SCad tech 40.0 Scott, Melaney -Accounting A1.0'! PNi 8.0 Subtotal for ~,p Subtotal for Scott, MelaneyAccounting g,p Wells, Julie - Admin Assistant A1.01 PM 4:0 A1.OP Reviews & Submittals $.Q Subtotal for 12,p Subtotal for Wei1s, JulieAdmin Assistant 120 httpa/www .int.ch2m.com/pricer/Reports.aspx?Id=54&ReportName=Employee°1o20Hours&Perio.., l 1/14J2U06 December 15, 2006 MERIDIAN CITY COUNCIL MEETING December 19, 2006 APPLICANT ITEM NO. 6-V REQUEST Approve Contract for the Survey Training Support Services with JUB Engineers, inc. for $5,858 AGENCY COMMENTS CITY GLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: n MERIDIAN SCHOOL DISTRICT: ,vim/ 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 meetin~a shall become property of the CHy of Meriden. r 1 U • Memo To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer DEC ~ 5 2006 Cit~g- of Meraclia~ City C1er1~ ®ffic~ Date: 12/14/2006 Re: Proposed Agenda Item for December 19, 2006 City Council Meeting The Public Works Department respectfully requests the following items be placed on the December 19 City Council agenda, under Consent Agenda, for Council's consideration: Wastewater Filtration Engineering Report. CH2M HILL has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $48,454. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 12~' of December, 2006 for the Engineering Services for Miscellaneous Wastewater Projects. This project provides engineering services for the engineering report for the design and construction of wastewater filtration and other tertiary treatment facilities at the wastewater treatment plant. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Wastewater Filtration Engineering Report with CH2M HILL for $48,454 and authorize the Mayor to sign it. -, Survey Training Support Services. JUB Engineers, Inc. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $5,858. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 12~' of December, 2006 for the Engineering Services for Miscellaneous Wastewater Projects. This project provides engineering services for consultation on the procurement of survey equipment and limited training to City staff on the operation and maintenance of the equipment. • Page 1 • Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Survey Training Support Services with JUB Engineers, Inc. for $5,858 and authorize the Mayor to sign it. Thank you for your considerafion. Please contact me if you have any questions regarding any of these items. • Page 2 ~~ r~ ~ J-U-B ENGINEERS, Inc. z5u 5. Beechwood Avenue, Suite 201 • Boise, Idaho 83709-0944 • Telephone (208) 376-7330 • FAX (208) 323-9336 AUTHORIZATION FOR ADDITIONAL SERVICES - N0.7 CLIENT: City of Meridian PROJECT NAME: Misc. Wastewater Projects J-U-B Project Number: 10-05-025 The following additional items of work on the project referenced above have been or will be provided by J-U-B ENGINEERS, Inc. These additional services are a supplement to the scope of services contained in J-U-B's existing Agreement for Engineering Services for this project,. dated Februa 15 2005 Additional Services: Survey Training Support Services Refer to Attachment "A" J-U-B ENGINEERS, Inc. was verbally-authorized to provide these services by: n/a n/a Name Date Unless otherwise noted below, J-U-B ENGINEERS, Inc. will provide these additional services on a time and materials basis, using the Firm's standard billing rates, or if applicable, the billing rates established in the initial Agreement for Engineering Services. Other Basis for Payment: Refer to Attachment "A" Dated this day of 2006. City of Meridian J-U-B ENGINEERS, Inc. Print or-Type Client Name By: Client or Representative Signature Tammy de Weerd Mayor Print or Type Name and Title By: Project Representative Signature Phillip H. Krichbaum P.E Proiect Mar Print or Type Name and Title J-U-B ENGINEERS, Inc. Attachment `A' - 10-05-025 CITY OF MERIDIAN -MISCELLANEOUS WASTEWATER PROJECTS ADDENDUM NO. 7 -SURVEY TRAINING SUPPORT SERVICES SECTION 1 -PROJECT OVERVIEW The City intends to retain J-U-B to provide consultation on the procurement of survey equipment and limited training of City staff. SECTION 2 -ITEMS TO BE PROVIDED BY THE CITY 1. Coordination with staff in applicable departments. 2. Pay for all equipment and coordinate purchasing order. SECTION 3 -SCOPE OF ADDITIONAL SERVICES TO BE COMPLETED J-U-B shall furnish services specifically limited to the fallowing at an assumed level of effort depicted on Attachment B and described herein: Task 1 -Workshop Meetine CT>tM) 1. J-U-B will attend a workshop meeting to determine the City's needs for survey equipment and provide input on various types of equipment. J-U-B will provide a Professional Land Surveyor(PLS), field .surveyor, and engineer at the meeting to answer questions. 2. A summary of items discussed at the meeting will be prepared and distributed. Task 2 -Equipment Recommendations (T£tA+U 1. J-U-B staff will offer suggestions on equipment needed to outfit City staff and be available to answer questions and assist the City on an as needed basis during procurement. Specific manufacturer equipment recommendation or review are not intended. Task 3 -Equipment Training fTFrM) 1. J-U-B staff will be made available to complete field training of City personnel. It is assumed that training will require two(2) eight hours days of training using a total station equipment. SECTION 4 -ESTIMATED SCHEDULE OF COMPLETION in a timely manner, assumed to be completed by Spring 2007. SECTION 5 -FEE SCHEDULE The CITY shall pay J-U-B for its services and reimbursable expenses. Refer to Attachment "B" for a detailed breakdown. Tasks 1 -3 on a time and materials basis with an estimated budget of ...$5,858 \\BoseSles\Public\ProjectManageis\pFIK\10-05-07S-Meridian Miac. R'W Pmjecta\10-OS-025-Admin\Conuacts and B~llinglAddNo.7 attacb A - Misc S~mxy Support Services.doc Misc. Wastewater Services - Authorization for Additional Services No. 7 pose 1 o N m Y ~ ~~ u? ~ i °^ ~ n W F Y .~- y N O ~ ~ .n E rO N m ~ ~ N t0 - ~. m 7 O O O N C 7 (A .~ a • O O o O O O C7W ~ g2 v, o o O o ~ N ~ ~ O O ' _ N O N O { O O ~ U . V i» ~ E $ o 0 0 ~ ~ m ~ = ~ `o ° o o C d ~ ~ o ~ ~ t ~ m r ~ v Z ~ Q 7. ~ U .d. r - m C m O N N ~m r n m ~' y3 Z ~ ~ N n N N a J a. O O m o ~ o o O ~ m ~ a Q w N ~ ~ ~ m o 0 0 U fG f/J W U mmm ' O O O m C Q '~ ~ aW `~ ~ U 0 ~ O O ~..' ry N ' O V OJ ltl G ~ a m ~ .. W ? Q' O O . ~ ~ ~ m J J 0 4 ° N 0 C ~ m °~ o o , ~ z Qa -~~ d . ~ ~ ~ ; W 1 "'H J (A W Y3 ~~ _ ~ ' + a; m g •. ~ N ~,, ca i~ a ~ Y ~ ~ ~ o; Y ~ Dl! 7d' Y ~NJ >, W ~ Q` ~ W; C ~ W r° C ~ Z+ ~ ~; of iai"' a z; z' ~ c W W ~ V a. ~ ~ ;Z~ C ~ h m ; N - O~ F- a p ~ ~ Z; m W , ~ IZW ~ ~ ~' • Q Y a ~ O. ~ a! m E M c o Q 3' w a 3 ~ W ~ ° W d ~ oC r m `~ - N M' Y m C m m a - ~ Q a i= a N Q a C ~ H F F f- m m t Q [~: 0 a 3 3 v 0 2` U • December 15, 2006 MERIDIAN CITY COUNCIL MEETING December 19, 2006 APPLICANT ITEM NO. 6-W REQUEST Resolution -Adoption of Records Retention Schedule AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached ~J December 15, 2IX?6 MERIDIAN CITY COUNCIL MEETING December 19, 2~6 APPLICANT ITEM NO. 6•X REQUEST Water Main Easement for Sakana Sushi by Sundance Investments AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: p 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: Matedala preaeMed at public meeflnga shall become properly of the City of Meridian. Y. ' ~4 ~_.' ADA COUNTY RECORDER J. pp>~VARRO AMOUNT .00 5 BOISE IDAHO 01I12-07 09;2d AlB 1 I - DEPUTY Bonnie Oberbillig ~II I`I`~l"'I'~I"~'I~'~I~II~I~~~,,,~ RECORDED-REQUEST OP 14~~~~5~~1~ Meridian City WATER MAIN EASEMENT THIS INDENTURE, made this ~ day of ~ ~ , 20 d ~ between ~ ~KV~~r~S ,the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, inconsideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee theright- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main aver and across the following described property: (SEE ATTACHED EXIiIBTT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the saideasementandright-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed. within the area described in this easement that was placed there in violation of this easement. TIME GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a paR thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement Sakana EASMT_WTR_MAIN ,,,_,; , a • THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the fast part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: -ere--. STATE OF IDAHO) ss County of Ada ) On this ~ day of „ ~~.a..t.~ , 20 ~ before me, the undersigned, a Notary Public in and for said State, personally appeared ,~sE~~,.c~ ~1!,~-~~ „~ ,known or identified to me to ~~ P~restd~~~ ~~ e~ear~'. respectively, of the corporation that executed the within instrume~il,- and a ~ owl' Ito me that such corporation executed the same. IN WTITTESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. t ~~ Z~' ~Kg ~, '~•, NOTARY PUBLIC FOR IDAHO o~'G!~ f~d+0'~ Residing at ,~~ ~T $~ Commission Expires: ~/%,//o ~~ ~~ ~~'•'~ h •..._ OEP ~4 . Water Main Easement Sakana EASMT WTR MAIN ~y v~.-, GRANTEE: CITY OF MERIDIAN ~~~~~~+,~~U Ulrtrrrt. ~ ~ 9 Tammy de eerd, a ~ - ~,~ ~ ~~v .~,,1~~ ~~ a: fro. i '~~' Attest by William G. Berg, tty Cl k ~ -ir ~ '' ~~. ~~ _ Approved By City Council On: rrrrrr-t tti ~~~ STATE OF IDAHO, ) ss. County of Ada ) ~k ~.-- On this ~ day of ~1 DL~I2LLv~c.~~ , 20 ~~before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~i t~11 /y'ZQ)'~'LC ~, NOTARY PLTBI,IC FOR IDAHO Residing at: ~~( ~!~ :11oP Commission Expires: /0 -IS-!! (SEAL) Water Main Easement Sakana EASMT WTR MAIN PROP. ~LEY'8 LANG SURVEYING O 187 E. 50~ Street, Garden City, Idaho 83714 (208)385-0636 Fax (208) 385-0696 Project No.: 3073 ~~ Date: November 6, 2006 EXHIBIT °`A" ' ~ DESCRIPTION OF MERIDIAN WATER MAIN EASEMENT ' FOR SUNDANCE COMPANY KANA SUSHII A parcel of land being a portion of Lot 14 of Black 1 of Silverstone Subdivision No. 3 as on file in Book 86 at Pages 9652 and 9653 in the Office of the Recorder for Ada County, Idaho, sand parcel being situated in the NW 1/4 of Section 21, T.3N., R.1 E., . ~ B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the Northwest corner of said Lot 14; thence along the Wes# ' line of said Lat 14 South 00°14'50" West 124.50 feet to the Southwest corner of Parcel "I" as shown on Record of Survey 6550 on file in the Office of the Recorder for Ada County, thence along the South boundary of said Parcel 'T' South 89°45'10" East 87.00 feet to a point on the Eaat line of a City of Meridian Water Main Easement filed under Instrument No. 10125185 in the Office of the Ada Caur~ty Recorder which point Is also the POINT OF BEGINNING; thence leaving said South boundary at right angles slang said East line of the Water Main Easement North 00°14'50° East 22.00 feet to a point; thence leaving said East line of the • Water Main Easement at right angles • •, South 89°45'10" East 10.00 feet to a pant; thence at right angles South 00°14'50" West 22.00 feet to a point on said South boundary of Parcel "I"; • thence slang said South boundary North 89°45'10" West 10.00 feet to the POINT OF BEGINNING. Said Parcel Contains 220 Square Feet, more ar less. 3073-water-eas~nent.doa - ama Page EXHIBIT "B" WATER LINE EAS~M~NT ~XDaIBIT FOR ~ SAKANA SUSHIR~STAURANT r~~ POR710NS 0~ LOTS 13 & 14, SILVl~RSTONE SUF3 No. 3 J SITUATED IN THE NW I/4 OF SECT. 21, T.3N., R.I~., 6.M., MERIDIAN, ADA COUNTY, IDAHO I 0 25 50 100 I ~ ~~ 1 S / SCALE IN FEET ., I° ~ 50' 62 43 p~„ ~ a 0 » J t7 L+! CURVE TABLE CURVE RAD81S bELTA LENGTW BEARING CHORD t9 200.00' 9•~b'BP 9.14• S n•4 'Ib• V 34.p' ~ 60.00' 89.81• M '80' E 71.7' ~ Nw coRN~R I r-- i . I I " S $9°45'10" ~ 149.8 - - I -- r T"` I I I I o ~ ~t ~ EXISTING CITY OF I } 1 ~~ MERIDIAN WATER I ~ EASEMENT INSTRUMENT ~ Na. 102125185 ~ , N ~0°14'50".E 22.00' ---~ ... ~. .......J __._ ~ ; 67.00_ _ I L-_ Sw CORNER POINT OF PARCEL °I° BEGINNING ROS 650 3073-rnerfdior, exhibll.Jwg 71-Od-OD 14,39:59 tlmorks th rn ~ LOT 13, 8LK ~ SILVERSTONE o No. 3 In 6 CS t7 N 34.00' SE CORNER OF PROPOSED I PARCEL "Q° ~ EX15TING CITY OF MERIDIAN WATER EASEMENT INSTRUMENT I No. !04146441 I Pace _~ ... of `) emo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 12/13/2006 Re: Proposed Agenda Items for 12-19-06 City Council Meeting ~.~ dEC 9 5 2006 City C e~rk pfg ~a The Public Works Departrnent respectfully requests that the following items be placed on the 12-19-06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Sakana Sushi by Sundance Investments. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Sakana Sushi by Sundance Investments and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • City of Meridian Public Works Dept. • Page 1 WATER MAIN EASEMENT THIS INDENTURE, made this ~ day of ~G , 20 ~ ~ between ~ ~ti.~~r, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee theright- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement andright-of--way unto the said Grantee, it's successors and assigns forever: IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs,, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of theright-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement Sakana EASMT WTR MAIN • THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. 1N WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ~~ STATE OF IDAHO ) ss County of Ada ) On this ~ " "` day of , 20O(, before me, the undersigned, a Notary Public in and for said State, personally appeared ~1~.~ ~..~ `~ ~~-~~ ~.,,," known or identified to me to b e ,respectively, of the corporation that executed the within instrume an rnowle e o me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~f ~.. •iq~~~~~~' -fig ~i ~~. ,~~~~ ~,~+~.~~ NOTARY PUBLIC FOR IDAHO ~~-~ ~G~"~' ~'Pp '~ Residing at ~ ~ ~~~~ ff.'s Commission Expires: ~3~,//0 •. 9 ,~ •l` ~' ~` Water Main Easement Sakana_EASMT WTR_MAIN GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, . ss. County of Ada On-this day of , 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement Sakana EASMT WTR MAIN T TEALEY'S LAND SURVEYING Project No.: 3073 Date: November 6, 2006 187 E. 50~ Street, Garden City, Idaho 83714 (208)385-0636 Fax (208) 385-0696 EXHIBIT "A" DESCRIPTION OF MERIDIAN WATER MAIN EASEMENT FOR SUNDANCE COMPANY ISAKANA SUSHII A parcel of land being a portion of Lot 14 of Block 1 of Silverstone Subdivision No. 3 as on file in Book 86 at Pages 9652 and 9653 in the Office of the Recorder for Ada County, Idaho, said parcel being situated in the NW 1/4 of Section 21, T.3N., R.1E., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the Northwest comer of said Lot 14; thence along the West line of said Lot 14 South 00°14'50" West 124.50 feet to the Southwest corner of Parcel "l" as shown on Record of Survey 6550 on file in the Office of the Recorder for Ada County, thence along the South boundary of said Parcel 'T' South 89°45'10" East 87.00 feet to a point on the East line of a City of Meridian Water Main Easement filed under Instrument No. 10125185 in the Office of the Ada County Recorder which point is also the POINT OF BEGINNING; thence leaving said South boundary at right angles along said East line of the Water Main Easement North 00°14'50° East 22A0 feet to a point; thence leaving said East line of the Water Main Easement at right angles South 89°45'10" East 10.00 feet to a point; thence at right angles South 00°14'50" West 22.00 feet to a point on said South boundary of Parcel "I' ; thence along said South boundary North 89°45'10" West 10.00 feet to the POINT OF BEGINNING. Said Parcel Contains 220 Square Feet, more or less. 3073-water-easement.doc - anw EXHIBIT "B" WATER LINE EASEMENT EXHIBIT FOR JL SAKANA SUSHI RESTAURANT ~~ PORTIONS OE LOTS 13 & 14, SILVERSTONE SUB No. 3 SITUATED IN THE NW I/4 OF SECT. 21, T.3N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO I 0 25 50 100 I I ( //~ j S 6!. SCALE IN FEET ~ 6 °Q8 I" = 50' 6? g3 Off„ E I~ m r I U ~ - I , I ~ I s NW CORNER I I LOT 14 r__~ ~~ ~/ I j I W Y W I s S 89 °45' 10" E 149.80' ~ ' 1 ~' I I - -r---~"'~"~'~ - - - - - a i~ I I I I~ o+ a 0 ~I Lil I J C9 III a w I~ II ~=1 I I SAKANA SUSHI _ I ° i I , , i I I ; ~ ; f ~ , , I I - LOT 13. BLK ~~o, I -_ ~ SILVERSTONE EXISTING CITY OF 1 I I No. 3 N MERIDIAN WATER I i O .~-I EASEMENT INS7RUMENT I '-"i = ~ No. 10 2 12 5 18 5 I ' I I d- 3 I 1 r: PROPOSED I a oi,, I ~ _ 'd' I ° I I_ ~~ o S $9°45'10" E<i i-~" 1 ~~ ~~ -- N 0 °14'50°. E 10.00' S 0 22 00~" W'~/ ____ 22_00' J „ YL 10.00' _ "_ 87.00' 14~. ~' S 89 °45' 10" E 239.42' PROP05ED WATER Io SERVICE TO ~ SAKANA SUSHI rl I W Y 1P- L__ __ POINT 0 5W CORNER PARCEL "I„ BEGINNING -"i..i __I.!._` ~ i :... ' ' _f i,_!._i. p =I ROS 6550 1 _~ ~__ - CURVE TABLE CURVE RAD8J5 DELTA LENGTH BEAROJG CHORD C3 200.Q0' 9.96'41' 34.19' S 0.07'Ur' Y 34.10' C4 60.00' 83.21'00' 87.28' N 98.34'20' E 79.79' .L LAS ,SST p o . `~~ dllF 0~ ~ qr 0 lay ~~ N. ~ii~*4~~ <~> PIONEER HOLDING BUILDING <~> N 89 °45' 10" W ~ 34.00' SE CORNER - OF PROPOSED I PARCEL "Q" " " " " "' I ~ EXISTING CITY OF MERIDIAN WATER EASEMENT INSTRUMENT I No. 10 4 146 4 4 1 ~, ;-- I I~ -- -- f-~-~ 3073-meridian exhibit.dwg 11-06-06 14:39:59 dmorks • December 15, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT MQVOrS Office Deportment Report December 19, 2006 ITEM NO. 7-A-~ REQUEST Budget Amendment for Mayor's Anti-Drug Coalition AGENCY COMMENTS CITY CLERK: 8es attach®d 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 Inifiials: Materials presented at public meeting shag become property of the City of Meridian. December 15, 2006 MERIDIAN CITY COUNCIL MEETING • FP 06-050 December 19, 2006 APPLICANT F&C Development ITEM NO. 9 REQUEST Tabled from December 12, 2006: Request for Final Plat approval for 26 single-family residential building lots and 3 common lots on 9.44 acres in R-2 and R-4 zones for Napoli Subdivision -- 4280 South Eagle Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See Previous Item Packet /Minutes See attached Staff Comments OTHER: See atFached Revised Plats Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • BEFORE THE MERIDIAN CITY COUNCIL C/C December 19, 2006 IN THE MATTER OF THE APPLICATION OFF & C DEVELOPMENT FOR FINAL PLAT APPROVAL FOR 26 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS & 3 COMMON LOTS ON 9.44 ACRES IN R-2 AND R-4 ZONES LOCATED AT 4280 SOUTH EAGLE ROAD IN A RESUBDIVISION OF LOT 3, BLOCK 1 OF ZALDIEN ZERUA SUBDIVISION LYING IN THE NW '/ OF THE SW '/ OF T. 3N., R. lE., SECTION 28 CASE NO. FP-06-050 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 December 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: December 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 NAPOLI SUBDIVISION A RESUBDIVISION BOISE MERIDIAN, MERIDIAN, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR NAPOLI SUBDIVISION / (FP-06-050) ADA COUNTY, IDAHO 2006, Page 1 of 4 ~~ HANDWRITTEN DATE: 12/12/06, SHEET 1 OF 3, BRIGGS ENGINEERING, INC.", F & C 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: December 19, 2006, listing 20 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 5 pages, and by this reference incorporated herein, and the response letter from Briggs Engineering, Inc., a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements of the Council taken at their December 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 ORDER OF CONDTI'IONAL APPROVAL OF FINAL PLAT FOR NAPOLI SUBDIVISION / (FP-06-050) Page 2 of 4 preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Deparhnent, 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 TAHINGS 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 maybe filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR NAPOLI SUBDIVISION / (FP-06-050) Page 3 of 4 in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~q ~"' day of (~L'.rl'~1~~ , 2006. ATTEST: G. BERG, Copy served upon: By: _ ~ a``,~~~,~-IIII111,,~ ®°°°`~ O~ ~°°~~OR T de WEERD °° ~ s, `tee°~ ~' ~~~a`,abP~~~ ~f, 4~ A'~ ~, ~y J CI ALE ~~, ~~~~ ~ \= '~,~ ~~p z~~ ~ ~ ~. ~ ~° .~ '~~~///lllillll~~~~\`\` Applicant ~~ Planning Department Public Works Department City Attorney B ' Clerk's Office Dated: I o~ -19 - (~ (..p ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR NAPOLI SUBDIVISION / (FP-06-050) Page 4 of 4 CITY OF MERIDIAN PRANNING AND PUBLIC WORKS DEPAZ2TMENTS STAFF REPORT .~ I ""rn ; rj :r- t'~97F 1~7~1 ~~. ~ STAFF REPORT: Hearing Date: December 19, 2006 Transmittal Date: December 14, 2006 ~`~~°' ~°' TO: Mayor and City Council ~`• FROM: Kristy Vigil, Assistant City Planner Michael Cole, Development Services Coordinator ~ C- SUBJECT: Napoli Subdivision Final Plat Request for Final Plat Approval of Napoli Subdivision Consisting of 26 Single-Family Residential Building Lots and 3 Common Lots on 9.44 Acres in the R-2 and R-4 Zones by F & C Development. (File# FP-06-OSO). 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, F & C Development, has applied for final plat approval of 26 single-family residential building lots and 3 common lots on 9.44 acres of land for Napoli Subdivision. The current zoning designation for the proposed subdivision is R-2 (Low-Density Residential) and R-4 (Medium Low- Density Residential). The gross density of the proposed subdivision is 2.75 dwelling units per acre and the net density is 3.78 dwelling units per acre. Napoli Subdivision is located approximately % of a mile north of Amity Road on the east side of S. Eagle Road in the SW 1/4 of T. 3N., R.IE., Section 28. This property was previously platted in Ada County as Lot 3, Block 1 of Zaldien Zerua Subdivision. The City Council approved the preliminary plat for Napoli Subdivision on September 12, 2006 and the submitted fmal plat substantially complies with the approved preliminary plat. Staff recommends approval of Napoli Subdivision with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS Applicant is to meet all terms of the approved preliminary plat (PP-06-023) and annexation and zoning (AZ-06-024) applications. 2. The applicant's application has indicated that the pressurized irrigation system in this development is to be owned and operated by the Homeowner's Association, however the plat has a note indicating that Nampa and Meridian Irrigation District will own the system. If it is a private system then a draft copy of the operation and maintenance manual shall be submitted prior to scheduling of a preconstruction meeting with a final copy being submitted prior to plat signature. If it is to be owned by an irrigation district a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. Exhibit "A" FP-06-050 Napoli Subdivision FP.doc PAGE 1 CITY OF MERIDIAN P~NNING AND PUBLIC WORKS DEPAZtTMENTS STAFF REPORT 3. Revise the construction plans to show a source for the required pressurized irrigation system in this development. If the source is to be an on-site pump station then the pump station shall be in a common lot, outside of any required street buffers. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a single-point connection to the potable water system 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. 5. 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. 6. Sanitary sewer to this site is being proposed via extension of mains located in S. Eagle Road. These mains are temporarily flowing out of shed. The applicant shall wait for the Black Cat Trunk to connect to the Glacier Springs Diversion manhole or construct anoff--peak pumping station, design and location shall be coordinated with the Public Works Department. 7. The applicant shall be responsible to construct the sewer 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. Minimum cover over sewer mains is three-feet. If there is less than three feet from top of pipe to sub-grade then upgraded pipe materials shall be used per City of Meridian Standard Specifications. Water service to this site is being proposed via extension of mains in S. Eagle Road. The applicant shall be responsible to install mains to and through this development. Coordinate main size and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 9. A 12-inch main in Zaldia Lane shall be required to conform with the City of Meridian's Master Water Plan. 10. All existing houses that remain shall be required to connect to City of Meridian services. The applicant shall be responsible for the payment of assessments and the actual physical connection to the services. The assessments shall be paid prior to signature on the final plat, the actual connection shall be required prior to issuance of Certificates of Occupancy. 11. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 12. Lots 1-5, and Lots 8-11, Block 2 do not have all lot lines dimensioned. The applicant shall label bearings and length of all lot lines on this plat. 13. The sum of the rear lot lines of Lots 2-9, Block 1 do not equal the overall length as depicted on the plat. The applicant shall confirm this information and ensure that all dimensions are accurate. 14. Graphically depict a special setback on the eastern boundary of Lots 6-8, Block 1 and the northern boundary of Lots 2, and 11, Block 2. The setback needs to be sufficient to ensure the Department of Environmental Quality's required 20-feet of separation between a building foundation and infiltration trench. Exhibit "A" FP-06-050 Napoli Subdivision FP.doc PAGE 2 CITY OF MERIDIAN P~NNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 15. Graphically depict an 8-foot wide Public Utilities, Drainage and Irrigation easement in the following locations. It is needed to accommodate the Irrigation District's desire to have 5-feet of easement past the centerline of the pressurized irrigation pipe being installed a.) The northern boundary of Lots 2, 6 Block 1. b.) The northern boundary of Lots 2, 6, 7, and 11 Block 2. c.) The northern boundary of Lots 2, 5 Block 3. 16. Revise or add the following plat notes on the face of the plat prepared by Briggs Engineering, and dated 12/12/06: 3.) Revise to read, "Building setbacks and dimensional standards in this subdivision shall be in compliance with the applicable zoning regulations of the City of Meridian." 8.) Remove note. 11.) Include instrument number if the system is owned by Nampa and Meridian Irrigation District. If it is a private system, strike note. 12.) Delete note. 14.) Include instrument number. 17. The landscape plan, prepared by Jensen Belts Associates, and dated 09/27/06, shall be revised as follows: a. Add the tree class to the plant palette; b. Add the acreage dedicated for common open space to the calculations table; c. Show planting installation details on the face of the plan d. Include fencing details for the required 6-foot vinyl fencing around the perimeter of the proposed subdivision (i.e. location, construction materials, & picture/sketch) e. Depict and construct a 10-foot wide gravel shoulder with lawn or other vegetative groundcover along Eagle Road adjacent to the site; Submit three copies of the revised landscape plan to the Planning Department prior to signature of the final plat by the City EngineeY 18. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 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. 19. Complete the Certificate of Owners, and accompanying acknowledgement. 20. Staff's failure to cite specific ordinance provisions or conditions of the preliminary plat does not relieve the Applicant of responsibility for compliance. STANDARD CONDITIONS Exhibit "A" FP-06-050 Napoli Subdivision FP.doc PAGE 3 CITY OF MERIDIAN P1;ANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air-testing and video inspection, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 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 fmal 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. S. Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 12. Approval of the preliminary plat shall become null and void if the applicant fails to record the final plat within two years of the approval of the preliminary plat per UDC 11-6B-7A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, maybe considered for final approval without resubmission for preliminary plat approval per UDC 11-6B-7B. Exhibit "A" FP-06-050 Napoli Subdivision FP.doc PAGE 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEP~TMENTS STAFF REPORT STAFF RECOMIVIENDATION Staff recommends approval of the final plat for Napoli Subdivision (FP-06-050) with the above stated conditions. Exhibit "A" FP-06-050 Napoli Subdivision FP.doc PAGE 5 ~ • ~3RIGCS ~l~±Gt~tE~Rllnc.~ i~ ~ d [~eremhc~r 1•$ '~~~i5 ivfs. ~lrisr/ Vigil >"issistant C~ty~Pianner City of }Meridian 360 ~. Watertbw~erLane Meridian ~D 63642 Re: Na~oali Subdivisian t`FP-OB-05t7.i Dear I<risty: fir ~2QAl:sar_~1,~;~ ~L' t,! 1J JI. r ~~ DEC ~ ~ 2006 C~it~y Clerk Office The applicant, FB~C Devetapment. inc_ agrees to afi +af.the conditiar~s in the Steil Repo; t dated December 14. 20.Oii. Thank you for your continued, cooperati~r~ in s2eir-+~ this prvjecir to' compleiivn. t# ~~o:: have any questions or concerns,.please don't hesitate.to dantact me. Sincere~fy, -~ . Ssn Tha~mas, P~ Exhibit "B" • • December 15, 2006 MFP 06-005 MERIDIAN CITY COUNCIL MEETING December 19, 2006 APPLICANT David McKinnon ITEM NO. 10 REQUEST Public Hearing -Final Plat Modification to modify the approved fencing along the north boundary for Reserve Subdivision - 5955 N. Locust Grove AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: No Comments NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See atFached Comments from Dave McKinnon Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the Clay of Meridian. • i December 16, 2006 VAC 06-014 MERIDIAN CITY COUNCIL MEETING December 19, 2006 APPLICANT Brighton Development, Inc. ITEM NO. 11 REQUEST Public Hearing -Vacation of the 20 foot wide utility and irrigation easement located on the west half of Lot 13 of Crestwood Subdivision No. 1 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: No Comment NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Comments from Jay Walker Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the CHy of Meridian. • December 15, 2006 AZ 06-042 MERIDIAN CITY COUNCIL MEETING December 19, 200b APPLICANT Cherie A. Dalton Living Trust ITEM NO. ~ 2 REQUEST Ordinance No. -Request for Annexation and Zoning of 20.18 acres from RUT to R-8 zones for Cottswold Village Subdivision -- 2180 East Amity 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: Emailed: Materials presented See Attached Ordinance y~v ~6,ir meetings shall become properly of the CHy of Meridian. 1 ADA COUNTY RECORDER J(~ NAVARRO AMOUNT .00 • BOISE IDAH0121~106 01:3~~ DEPUTY PaiO Thompson II I I I II II I II I' II II I II IIII II I I II' I~ II~ RECORDED-REQUEST OF i~~-,~~j~~~k~1 City of Meridian CITY OF MERIDIAN ORDINANCE NO. ~~ _ ~2 ~Z BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ-06-042 COTTSWOLD VILLAGES SUBDIVISION) FOR ANNEXATION OF PROPERTY BEING A PORTION OF THE WEST %Z OF THE SOUTHEAST % OF THE SOUTHWEST 1/ OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIlVIITS 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 I-L (LIGHT INDUSTRIAL DISTRICT) AND C-G (GENERAL COMMERCIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIItED 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: CheYie A. Dalton Living TYUSt. SECTION 2. Thattheabove-described real property is hereby annexed and re-zoned from RUT (Ada County) to R-4 (Low Density Residential District) and 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-06-042 COTTSWOLD VILLAGES SUBDIVISION Page 1 of 3 i ~ r~ 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 ofone-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 MERIDL~N, IDAHO, this ~ / -day of C.e h2 ,p-eL , 2006. APPROVED BY HE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of C-el~h ~ 2006. ~' MAYOR de WEERD ANNEXATION OF A~06-042 COTT5WOLD VII.LAGES SUBDIVISION Page 2 of 3 r ~ ~~ ~ -i!`d" ATTEST: .~~~ ~ ~~~~.~ ~„~, ~' ~~:~ WILLIAM G. BERG, JR., CITY CLERK "~ ~~ ~, ~` ttttt416i STATE OF IDAHO, ) ss. County of Ada ) On this ~`~ ¢ day of ~ ~~ ~2 , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAlVIlV1Y 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. p~~a~~• (SEAL) ~ ~~ ~ NOTARY PUBLIC FOR IDAHO « ! i RESIDING AT: ~.Ch~. tJc( •.~ ;' ; MY COMMISSION EXPIRES: ~~° JS-/~' ~~~o~ ~~e ~~-°~ ANNEXATION OF A~06-042 COTTSWOLD VILLAGES SUBDIVISION Page 3 of 3 ~~ A. Legal Description ~~~ ~`~ ~ IDAHO SURVEY GROUP 1450 East Wacercower Sk Suite 150 Meridian, Idaho 83b42 Phone. (208} 846-8570 Fax (208) 884-5399 Project No. 06-135 Dalton Annexation Description f • May 1, 2006 The West 1/2 of the SE 1/4 of the SW 1/4 of Section 29, T.3N., R.lE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the comer conunon to Sections 29, 30, 31, and 32 of T.3N., R.IE., B.M.; Thence South 89°43'50" East, 1322.60 feet to the West I/I6 corner common to said Sections 29 and 32, said point being the .REAL POINT OF BEGINNING. Thence North 00°07'38" West, 1325.01 feet to the SW 1/16 comer of said Section 29; Thence South 89°42'02" East, 665.6? feet to the Northeast comer of the West 1/2 of the SE 1/4 of the SW 1/4; Thence South 00°03'54" West, 1324.64 feet to the Southeast comer of the West 1/2 of the SE 1/4 of the SW 1/4 of said Section 29; Thence North 89°43'50" West, 661.22 feet to the Point of Beginning. Containing 20.18 acres, more or less. REV W APPR~ BY_ ,;Ip~aN ruo_ -.ice Prepared By: Idaho Survey Gmup, P.C. 6 ~ ~ ~ ~ ~ ~ sA s-''"moo ~ ~~~RY p~~~~ D. Terry Peugh, PLS /'roiessiona/ Land Sur~reyors ci `~ B. Site Map S89'42'p2"E ~__--- 665_67' __-- 1 1 I 1 ANNEXATION MAP 1/4 ~ !86 Bilk{ .10D Pi~'m~0~ l~l~li ~,,~ EOOE alley Engmeermg, Inc. CIVIL ENGINEERING ~ PLANNING I CAQQ 1600 E. IRON EAGLE OR. TEL 208-098.13 EaOLE, ro 898'16 PA% 20B-038-0816 I I Z NOI Ijd ~; lay to - :I ~ ~` .A g REVIEW APPROVAL 1 1 I ~ ~u' 14 ?f~ h 1 1 tuIERIDIAN PUBLIC 1 1 WORKS DEPT. I I 1 1 1 I REAL POINT I 1 ' S.30 S.29 OF BEGINNING 1 S89'43_50"E __-- S8 .3'35"E ~~~tl. FOUND 5 8" 5.32 1322.60' N$9'43'50"W 661.22' v vFOUND ALUMINUM IRON PIN 661.22 CAP MONUMENT (~ ® ('~ NOTICE AND PUBLISHED SifMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDL~N ORDINANCE N0.06- ~2 ~~ PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land being a portion of the West 1/Z of the Southeast % of the Southwest 1/ of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 20.18 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 Idah Avenue, Meridian, Idaho,,:.Thi~~ii~dri~a~ce shall become effective on the day of , ~, ~ ~~~~~~~'''°~, ~~e~~~ ;' ~ _ ayor and City Council o the City of Meradi ~~s ~=°' _ By: William G. Berg, Jr., City Clerk ~ ~~'' ~ ~ '~~ First Reading: /2 -l f -196 Adopted' ii°suspension of the Rule as allowed pursuant to Idaho Code 50-902: '~ a~j°``` NO Second Reading: ~- Third Reading: - STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- / ~ $ Z 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- [ Z ~ ~ 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 ~.Qdy,. o~~ 2006. l~J ~ . ~ William. L.M. Nary, City Attorney ORDINANCE SUIVIlVIARY--AZ-06-042 COTTSWOLD VII.LAGES SUB Page 1 of 1 • • December 15, 2006 MERIDIAN CITY COUNCIL MEETING December 19, 2(106 APPLICANT ITEM NO. ~ S REQUEST Ordinance - Amendmen#s to Dog Licensing Ordinance to include updating procedures, new fees, and fee increases AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: ~/~ CITY SEWER DEPT: L v CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT H1=ACTH: 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 CHy of Meridian. ~ • CITY OF MERIDIAN ORDINANCE NO. ~~ ®~®/2~~ BY THE CITY COUNCII.: BIItD, BORTON, ROUNTREE, WARDLE AN ORDINANCE AMENDING TITLE 6, CHAPTER 2, OF THE MERIDIAN CITY CODE REGARDING: DEFINITIONS AND CITY OF MERIDIAN DOG LICENSES; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to track and regulate dogs within the City by providing for licensing thereof; WHEREAS, authorizing the Idaho Humane Society, veterinarians' offices, and pet product vendors to issue City of Meridian dog licenses on behalf of the City will facilitate dog owners' compliance with City dog licensing requirements; WHEREAS, the City of Meridian dog license fee schedule should be updated to appropriately reflect costs of administration of the City's licensing program; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 6, Chapter 2, of the Meridian City Code is amended to read as follows: 6-2-1: DEFINITIONS: As used in this chapter, the following terms shall be defined as in this section provided: ABANDONMENT: It shall be unlawful for any owner of an animal or his agent to abandon said animal within the city limits. Abandonment means the desertion of said animal for more than thirty six (36) hours. ANIMAL: Every domesticated and tame living creature, except members of the human race. AT LARGE: Off the property of the owner and off the leash, cord, chain or effective control of a responsible person. CITY OF MERIDIAN DOG LICENSE: A valid, current dog license issued by the City of Meridian or its licensing desi ee. AMENTMENTS TO DOG LICENSING ORDINANCE PAGE 1 OF 8 f , f~ CITY OF MERIDIAN DOG LICENSE TAG: A valid current tag issued by the City of Meridian or its licensing designee, which tag shall signify that the do w~ Baring it is duly licensed by the City of Meridian. CONFINED: The dog is restricted to the property of the owner by leash, cord, chain or fence barrier. CRUELTY TO ANIMALS: It shall be unlawful for any person to allow fighting, torturing, beating, starving or other mistreatment of any animal in his care or charge, whether belonging to himself or any other person. Any animal so treated maybe impounded for its protection and disposition. DOG: Includes both male and female member of the canine family over the age of six (6) months. OWN: to be the owner thereof; or to keep, harbor, or possess; or to accept or maintain custody, control, or care thereof. OWNER: Any person owning, keeping, e~harboring, or possessing an animal, or acce~g or maintaining custody, control, or care of an fer-s~e# animal. VETERINARIAN: A graduate doctor of veterinary medicine licensed to practice in the state of Idaho. VICIOUS DOG: Any dog whose behavior or actions fall within one or more of the following shall be declared a vicious dog: A. Any dog which, when unprovoked, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack, which placed a reasonable fear in such a person that such violence was imminent, upon the streets, sidewalks, any public grounds or places, or private property not owned or possessed by the owner of the dog; or B. Any dog which, when unprovoked, attacks or bites another person or other domestic animal upon the streets, sidewalks, any public grounds or places, or private property not owned or possessed by the owner of the dog; or C. Any dog with a prior history or documented incidents of attack orbiting of persons or other animals, or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of persons or other domestic animals; or D. Any dog owned or harbored primarily or in part for the purpose of fighting or attacking people or any dog trained for fighting or attacking of persons. Notwithstanding this definition of a vicious dog: A. No dog maybe declared vicious if an injury or damage is sustained by a person who, at the time that such injury or damage was sustained: AMENTMENTS TO DOG LICENSING ORDINANCE PAGE 2 OF 8 ~~ `• 1. Was committing a willful trespass or other crime or tort upon the premises occupied by the owner of the dog (this does not require the owner to be present at the time of the unlawful trespass or other crime); or 2. Was teasing, tormenting, abusing or assaulting the dog; or 3. Was committing or attempting to commit a crime. B. No dog maybe declared vicious if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. C. No dog owned, maintained, or kept for work as a law enforcement dog, either currently or retired, maybe declared vicious if the action that would be so defined by this definition, took place while the dog was acting within its capacity for law enforcement purposes. 6-2-3: CITY OF MERIDIAN DOG LICENSE ; ; A. City of Meridian Dog License Required: It shall be unlawful for any person to own, '"° ~^a '-°°„ ^v ^^°°°°° a dog which is more than six (6) months of age within the sCity without first procuring a City of Meridian dog license therefore as provided by this chapter; provided, however, that the provisions of this chapter shall not apply to any person visiting in the sCity for a period not exceeding thirty (30) days, and owning e~ pesses~i~g a dog currently licensed, and bearing the license issued by another municipality or other licensing authority. B. Collar; Tag: , . Every dog owner shall cause his dog to wear, at all times, a durable, secure collar bearing a valid City of Meridian dog license t~ C. Imitation License Tag: It shall be unlawful for any person to cause or allow any dog owned by him to wear a license tag issued for another dog_or to wear any imitation of a City of Meridian dog license tag. D. Certificate of Rabies Vaccination Required: No City of Meridian dog license shall be issued without presentation of a valid rabies vaccination certificate issued by a licensed veterinarian. A rabies certificate shall be considered valid onl~if presented: 1. Within one (~ year from the date of issue, where the dog was less than one (1) wear old when vaccinated; or 2. Within three (3) years from the date of issue, where the dog was one (1 or more years of age when vaccinated. GE. License Term; Fees~~: 1. License Term: All City of Meridian dog licenses shall be valid only in the calendar year issued and shall expire December 31 of that year. AMENTMENTS TO DOG LICENSING ORDINANCE PAGE 3 of 8 (~ r~ 2. City of Meridian Dog_License Fee Schedule: a. General License Fee: The owner , ~.<,,, «~~ . o „~,,,.o „ ,,,ao<. i..,<,;.,,, ,.~.~,.~e of any dog, except as otherwise provided in this chapter, shall make application to the sCity for a City of Meridian dog license and shall pay a ~ license fee as follows: Non_neutered male dogs_ Q'~ Twenty-one dollars ($21.00 Non_spayed female dogs_ ~S:AA-Twenty-one dollars ($21.00) Neutered or spayed dogs_ ~SASixteen dollars ($16.00) Vicious Dogs: One hundred dollars ($100.00) The City or its licensing designee shall allow the payment of the license fee for a neutered or~ayed dog onlYupon the dog owner's presentation of a certificate of neuter or span issued bYa veterinarian or by the Idaho Humane Society ~ icq'r'am.,.. ~ .~,. „rr.. b. Exceptions To License Fee: it The owner of any dos used by a visually impaired, hearing impaired, or disabled person and used as a seeing eve dog, hearing ear dog, or guide dog shall not be required to pay a license fee. The City or its licensing designee shall allow this exception to the license fee only upon the dog owner's presentation of certification of the dog owner's visual or hearing impairment or disabilit~y a licensed medical doctor. iil The owner of any dog in training to serve as a seeing eve dog, hearin ear dog, or guide dog shall not be required to pay a license fee. The City or its licensing designee shall allow this exception to the license fee only upon the dos owner's presentation of proof that such dog _s in training for such purpose. (iii) Any dogowned by a public entity or public agency. 43. Lost Tags; Fee: A charge of five dollars ($5.00) shall be made for each lost C~ of Meridian dog license tag reissued by the sCity or its licensing designee. The Ci or its licensing designee shall reissue a dog license for this fee only upon verification that the license tag sou t to be replaced is for a current and valid City of Meridian dos license, which verification shall be made by reference to the official log(s) of the City or its licensing designee(s). AMENTMENTS TO DOG LICENSING ORDINANCE PAGE 4 of 8 • ~~ F. Issuing Authority: City of Meridian dog licenses may be issued by the City Clerk, Police Department or Animal Control or by a licensing desi eng a duly authorized by the City as set forth in this chapter. G. Monthly Log• Unissued Tags: Each Citydepartment issuing dog licenses shall keep a monthly log of all doh licenses issued, which log shall include the following information as to each dog license issued: 1. Date of issuance; 2. Dog_license tag serial number; 3. Amount of license fee paid; 4. Name, address, and telephone number of dog owner; 5. Description of dog to be licensed; and Verification of documentation of dog owner's compliance with all provisions of this title including but not limited to, rabies vaccination certification, sway or neuter certification if paving reduced license fee for spayed or neutered dog= rp oof of dog owner's age and spay or neuter certification. ' Each City department issuing dog licenses shall, on a monthly basis, no later than the fifteenth (15th) day of the month following the month for which fees are collected and the monthly lob is completed, submit to the City Clerk all license fees collected and a copy of its monthly log. The City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and a of dog license tags issued by the City Department according to the monthly log. Each City department issuing dog licenses shall, on a yearly basis, no later than the fifteenth ~15th~Yof the Janua~ immediately following the expiration of the prior license year submit to the City Clerk all unissued dog license tags. AMENTMENTS TO DOG LICENSING ORDINANCE PAGE 5 OF 8 ~~ '• H. Licensing Designee: In order to facilitate the licensin~gs within the City of Meridian, the City may enter into agreements with the Idaho Humane Society, veterinarians, or vendors of pet products doing business within the City of Meridian ~"licensing designee"), which agreements shall authorize such licensing designee to issue City of Meridian dog licenses on behalf of the City, except that no licensing designee shall be authorized to issue vicious dog licenses. Such agreement shall specify the serial numbers of all dog license tags provided to the designee. Such agreement shall also include the following terms and conditions: 1. The term of such agreement shall be from January 1 to December 31. 2. The licensingdesignee shall agree to issue City of Meridian dog licenses in accordance with all provisions set forth in this title. 3. The CitYshall agree to provide the licensing designee with official City of Meridian dog license tags, to be issued onl~pon verification of compliance with all provisions of this title and payment of the appropriate license fee. 4. The licensing designee shall agree to keep a monthly log of all City of Meridian dog licenses issued, which log shall contain the following information: a. Date of issuance of dog license; b. Dog license tag serial number; c. Amount of license fee collected; d. Amount of administrative fee retained; e. Name, address, and telephone number of dog owner; f. Description of dog to be licensed; gr Verification of documentation demonstrating dog owner's compliance with all provisions of this title, including, but not limited to, rabies vaccination certification, spay or neuter certification if paying reduced license fee for spayed or neutered dog=proof of dog_owner's age and spay or neuter certification if paving reduced license fee for owners sixty-two (62) years or older, and/or certification of visual or hearing impairment or disability if seekin eg xemption from license fee. 5. The City shall agree that the licensing designee may retain, as an administrative fee, ten percent X10%) of each dog_license fee collected on the City's behalf. AMENTMENTS TO DOG LICENSING ORDINANCE PAGE 6 of 8 ~• '• 6. The licensing designee shall agree to remit to the City Clerk, on a monthly basis, no later than the fifteenth (15th~y of the month following the month for which fees are collected and the monthly log is com l~eted: a. All dog license fees collected on the City's behalf in the previous month, less the ten percent (10%) administrative fee ke t~by the license designee; b. A copy of the previous month's log of dog licenses issued; and c. Other information as required by the Cit Cy 1erk. 7. The licensing designee shall agree to remit to the City Clerk, on an annual basis, no later than the fifteenth (15th) day of the January immediately following the expiration of such agreement: a. All unissued dog license tags from the previous yeaz; and b. Other information as re uq fired by the Cit C 8. The agreement shall stipulate that upon the licensing_designee's remittance of fees, logs, and/or unissued tags, the City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and a of dog license tags issued by the designee according to the designee's log. The designee shall agree that in the event of a discreUanCV between the log, fees remitted to the City, and/or unissued dog license tags, the designee shall remit to the City an amount of money sufficient to rectify the discrepancy 9. The City shall include in such agreement any and all other terms it deems necessary and/or in the best interests of the City. Section 2. That all ordinances, resolutions, orders, or paxts thereof or in conflict with this ordinance are hereby voided. Section 3. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect on _ ~~ji,~q,Fvl l $~ , 200 7 PASSED by the City Council of the City of Meridian, Idaho, this ~lday of _, , 2006. AMENTMENTS TO DOG LICENSING ORDINANCE PAGE ~ OF 8 f ~ (~ /~j APPROVED by the Mayor of the City of Meridian, Idaho, this ( ` `day of 2006. APPROVED: v`~. ,~ '~ . o, 3 p~ ATTEST: ;~``' C~~ ~~~~ y~h~~` ``:; ~' ~ ~ ~i~, ,~ _, ~ CITY CLERK s „~ ~~ ,~'~ O y r~1',~/rrP~oi o~~ato~`~°~r AMENTMENTS TO DOG LICENSING ORDINANCE PAGE 8 OF 8 I~ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.06- lZ S 3 PROVIDING FOR AN AMENDMENT TO MERIDIAN CITY DOG LICENSING ORDINANCE An Ordinance of the City of Meridian amending Title 6, Chapter 2, of the Meridian City Code. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Ida~R~~~~+s+E~liinance shall become f effective upon passage and publication. e..°``~q O~ ~~~a,~,'''6,,, Mayor and City Council of the City of 11~eri an ~y_ 6.9 By: William G. Berg, Jr., City Clerk ~ ~l ~; ~ First Reading: 12 '~ l ~' ~ 6 Ado, ~ ~~ ~ ~ ~ ~,$y suspension of the Rule as allowed pursuant to Idaho Code § 5(~'-9,Q,~~. ~, NO Second Reading: Thiri#'R~~klillg: -- STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- f Z $ 3 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- ~Z B,~ 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 l ~~day of C.e~ ~GL. , 2006. 6- William. L.M. Nary, City Attorne AMENDMENTS TO DOG LICENSING ORDINANCE PAGE 1 OF 1 • December 19, 2006 Mayor and City Council, • ~~c~~~ DEC 19 20~~ City of Meridian City Clerk O~~e I would like to thank you for your service to the community of Meridian. It has been my esteemed pleasure for the past 3 years to be a part of this important effort. We have accomplished many important things in a short period of time, and built upon the tradition which makes ours a premier city. I know that the future of Meridian is in responsible hands through your stewardship. A personal expression of gratitude is in order to all of those individuals who provided vision and direction for this community while I was a child growing up here. It is they who have fostered my sense of duty to serve. My thoughts of achievement go to the children of Meridian. It is their future which fuels my ongoing commitment to make this abetter place. May they have as excellent a place to learn, grow, and prosper as was mine to enjoy. My true sense of respect and appreciation is to the staff of the City of Meridian. They are not only good at their jobs, but really have a drive to accomplish the goals of this organization. I say without hesitation that they are the finest group of people I have worked with, and hope to have provided some measure of leadership in their important roles. I would foremost like to thank the citizens who elected me to the City Council. They believed, as I did, in the importance of bringing good business and a strong economy to our community. They voted for visionary goals, while embracing fiscal conservation. The community asked for a safer place to live, and the security which provides the opportunity to raise their families. Mostly, they gave a young member of their own community the chance to serve his hometown and contribute to the greater good. I feel my tenure on the City Council has been productive, and that I earned our citizen's respect. It is with reflection that I make this announcement, for I truly believe in my campaign goals and worked diligently to make them a reality. However, the opportunities which present themselves for my future offer greater possibilities to help make this community the premier place to live, work, and raise a family. My future affords the chance to provide not only vision, but some true professional effort on behalf of our community. Please accept my formal resignation for Seat #1 of the Meridian City Council, effective the 20~' of December, 2006. Sincerely, Shaun Wardle December 15, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT December 19, 2006 ITEM NO. ~ 4 REQUEST City Council President /Address: 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 ~f~ ~ a~ ~~s~~ Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubflc meetings shall become properly of the City oT Meridian. December 15, 2006 MERIDIAN CITY COUNCIL MEETING December 19, 2006 APPLICANT ITEM NO. ~ S REQUEST Appointment of City Council Member for Seat # 1 for City Council Confirmation 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: SANfTARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS . ~~"~ r ~f~ MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the Cffy of Meridian. i December 15, 2006 MERIDIAN CITY COUNCIL MEETING December 19, 2006 APPLICANT ITEM NO. ~ 6 REQUEST F~cecutive Session per Idaho State Code 67-2345(1 j(aj 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: _ Emaiied: Staff Initials: Mafi®rfals presented at public meeflnga shcq become property of the City of MerldMn.