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HomeMy WebLinkAbout2005-08-09Aoft� ?P CITY OF MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA Tuesday, August 9, 2005 at 6:00 p.m. City Council Chambers 1. Roll -call Attendance: X Shaun Wardle X Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Adoption of the Agenda: Approve "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." 3. Public Hearing: Application for an Ordinance for a New Title 11 Unified Development Code replacing / repealing Title 11 Zoning Regulations and Title 12 Subdivision Development of the Meridian City Code: Close Public Hearing 4. Ordinance No. 05-1170 Repealing Existing Zoning and Subdivision Regulations Codified at Title 11 and Title 12 of the Meridian City Code; Re -Enacting a New Title 11 To Be Known As the Unified Development Code (1St of 3 Readings): 1St Reading 5. Ordinance No. 05-1171 Enacting a New Provision of the Unified Development Code Pertaining to Development Along the State Highways to Be Codified at Title 11, Chapter 3, Article H of the Meridian City Code; Adding a New Definition of the Term "Approach" to Title 11, Chapter 1, Article A, Section 1 of the Meridian City Code (1St of 3 Readings): 1St Reading Meridian City Council Special Meeting Agenda — August 9, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 1. CITY OF MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA Tuesday, August 9, 2005 at 6:00 P.M. City Council Chambers Roll -call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird K Mayor Tammy de Weerd 2. Adoption of the Agenda: 47711_"V'. -- "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." 3. Public Hearing: Application for an Ordinance for a New Title 11 Unified Development Code replacing / repealing Title 11 Zoning Regulations and Title 12 Subdivision Development of the Meridian City Code: C/az plk 4. Ordinance No. Repealing Existing Zoning and Subdivision Regulations Codified at Title 11 and Title 12 of the Meridian City Code; Re -Enacting a New Title 11 To Be Known As the Unified Development Code (1't of 3 Readings): 1977 12Z4_dnV 5. Ordinance No. ��� �� 7� Enacting a New Provision of the Unified Development Code Pertaining to Development Along the State Highways to Be Codified at Title 11, Chapter 3, Article H of the Meridian City Code; Adding a New Definition of the Term "Approach" to Title 11, Chapter 1, Article A, Section 1 of the Meridian City Code (1t of 3 Readings): Irl Meridian City Council Special Meeting Agenda — August 9, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA Tuesday, August 9, 2005 at 6:00 p.m. City Council Chambers 1. Roll -call Attendance: Shaun Wardle Charlie Rountree 2. Adoption of the Agenda: Christine Donnell Keith Bird Mayor Tammy de Weerd "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. " 3. Public Hearing: Application for an Ordinance for a New Title 11 Unified Development Code replacing / repealing Title 11 Zoning Regulations and Title 12 Subdivision Development of the Meridian City Code: 4. Ordinance No. Repealing Existing Zoning and Subdivision Regulations Codified at Title 11 and Title 12 of the Meridian City Code; Re -Enacting a New Title 11 To Be Known As the Unified Development Code (1st of 3 Readings): 5. Ordinance No. Enacting a New Provision of the Unified Development Code Pertaining to Development Along the State Highways to Be Codified at Title 11, Chapter 3, Article H of the. Meridian City Code; Adding a New Definition of the Term "Approach" to Title 11, Chapter 1, Article A, Section 1 of the Meridian City Code (1st of 3 Readings): Meridian City Council Special Meeting Agenda — August 9, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andfor hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Paramount Development, Inc. — south of Chinden and west of Meridian Road: 18. Public Hearing: AZ 05-020 Request for Annexation and Zoning of 2.3 acres to L -O zone for Ashton Paris by David Price — SWC of North Meridian Road and West Ustick Road: 19. Public Hearing: RZ 05-008 Request for a Rezone of 2.61 acres from R- 4 to C -G zone for Walgreens by Hawkins Companies — 3150 West Cherry Lane: 20. Public Hearing: CUP 05-029 Request for a Conditional Use Permit for a 14,490 square foot retail pad with dual drive thru for the pharmacy on 2.61 acres in a proposed C -G zone for Walgreens by Hawkins Companies — 3150 West Cherry Lane: 21. Public Hearing: AZ 05-024 Request for Annexation and Zoning of 5 acres to L -O zone for Seventh Day Adventist Church by Hawkins Companies —1735 North Black Cat Road: Meridian City Council Meeting Agenda — August 9, 2005 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 hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. .pft. /0'` 8. Approve 2006 Fiscal Year Tentative Budget: 9. TE 05-008 Request for approval of a one-year time extension to file the final plat for Bridgetower Crossing Subdivision No. 9 with the Ada County Recorder by Engineering Solutions, LLP — south of West McMillan Road between North Ten Mile Road and North Linder Road: 10. FP 05-046 Request for Final Plat approval of 6 commercial office building lots on 4.65 acres in an L -O zone for Verona Subdivision No. 3 by Primeland Development, LLP — northeast comer of McMillan Road and West Milano Drive: 11. FP 05-047 Request for Final Plat approval of 16 building lots and 4 common lots on 34.603 acres in L -O, I -L, and C -G zones for McNelis Subdivision by Falcon Creek, LLC — northwest comer of North Ten Mile Road and West Ustick Road: 12. FP 05-048 Request for Final Plat approval for 8 commercial building lots and 3 common area lots on 4.63 acres in an L -O zone for Wvndstone Place Subdivision by B&F Enterprises — southwest comer of Wells Street and Wells Circle: 13. FP 05-049 Request for Final Plat approval of 10 single-family residential building lots and 2 common lots on 2.48 acres in an R-8 zone for Paramount Subdivision No. 8 by Paramount Development, Inc. — south of Chinden Boulevard and west of Meridian Road: 14. Public Hearing: VAC 05-006 Request for a Vacation of a private road known as E. Herons Crossing Lane and Meridian City sanitary sewer easement for Quenzer Commons Subdivision No. 9 by Brighton Investments, LLC — west of North Locust Grove Road and north of East Ustick Road: 15. Public Hearing: VAC 05-007 Request for a Vacation of a portion of the 10 foot wide easement centered on the interior common lot line of Lots 1 and 2, Block 2, Olson and Bush Industrial Park Subdivision by Dennis Kelley & Walter Sigmont — 3131 East Lanark Street: 16. Public Hearing: VAC 05-008 Request for a Vacation of platted utility easements of Lots 16, 17, 21-27, Block 2 of Honor Park Subdivision No. 3 by Franklin / Stratford Investments, LLC — south of East Franklin Road and west of Stratford Drive: 17. Public Hearing: VAC 054009 Request for a Vacation of the public utility easement on Lot 8, Block 20 of Paramount Subdivision No. 4 by Meridian City Council Meeting Agenda — August 9, 2005 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 hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. I. Permanent and Temporary Easement Contract for the Black Cat Sewer Proiect. J. Chance Order No. 1 for the Franklin Road Waterline Extension. K. Approve Transfer of Beer License for Baia Taco for Michael Eddy —1725 West Franklin Road, Suite 120: L. Approve Liquor License Transfer from Eddy's to Baia Taco for Michael Eddy —1725 West Franklin Road, Suite 120: M. Water Main Easement for Albertson's Stub Street (North Portion N. Water Main Easement for Albertson's Stub Street (South Portion: O. Sanitary Sewer and Water Main Easement for Lot 6. Block 2 Medimont Subdivision with Falash and Ross: P. Award of Bid for West Ustick Water & Sewer Proiect to Paul Construction: 6. Department Reports: A. Finance Department — Stacy Kilchenmann 1. Finance Report: B. Parks and Recreation Department — Doug Strong 1. Proposal for Heroes Park Construction: C. Police Department — Chief Musser 1. Update on the K-9 Building with Matt Schultz and Gary Scheihing: 2. Introduction of Blitz - new MPD K-9 puppy: D. Planning and Zoning Department — Anna Canning 1. Discussion of Ada County Application for Cell Tower along Highway 69: 7. Items Moved from Consent Agenda: Meridian City Council Meeting Agenda — August 9, 2005 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 hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ,/0' CITY OF 9111 \�f IDAHO s �ER � � TRE:ASURE VN%EV SINCE 1903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234 /fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678 / 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 /fax 884-0744 - Water 2235 N.W. 8th Street 888-5242 /fax 884-1159 NOTICE OF SPECIAL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting at City Council Chambers, Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, August 9th, 2005 at 6:00 pm. The Meridian City Council will be discussing and reviewing the following item: Public Hearing: Application for an Ordinance for a New Title 11 Unified Development Code replacing / repealing Title 11 Zoning Regulations and Title 12 Subdivision Development of the Meridian City Code: Ordinance Repealing Existing Zoning and Subdivision Regulations Codified at Title 11 and Title 12 of the Meridian City Code; Re -Enacting a New Title 11 to be known as the Unified Development Code (1st of 3 Readings) Ordinance Enacting a New Provision of the Unified Development Code Pertaining to Development along the State Highways to be Codified at Title 11, Chapter 3, Article H of the Meridian City Code; Adding a New Definition of the Term "Approach" to Title 11, Chapter 1, Article A, Section 1 of the Meridian City Code (e of 3 Readings) ` The public is welcome to attend.of hw� DATED this 5th day of August, 2005. WILLIAM G. BER(J, JFkl ITY C Meridian City Council Special Meeting — August *- All materials presented at public meetings shall become property oi' is Anyone desiring accommodation for disabilities related to documents n � please contact the City Clerk's Office at 888-4433 at least 48 hours prior to thW pnbho-m'eting. CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK - FAX 888-4218 CITY ATTORNEY / HR - FAX 884-8723 FINANCE & UTILITY BILLING - FAX 887-4813 MAYOR'S OFFICE - FAX 884-8119 Printed on recycled paper ** TX CONFIRMk..JN REPORT ** AS OF RUG 05 105 17--� PAGE.01 CITY OF MERIDIAN CI'T'Y OF MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA Tuesday, August 9, 2005 at 6:00 p.m. City Council Chambers 1. Roll -call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: "Although the City of Meridian no longer requires sworn testimony, aA presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 3. Public Hearing: Application for an Ordinance for a New Title 11 Unwed Development Code replacing / repealing Title 11 Zoning Regulations and Title 12 Subdivision Development of the Meridian City Code: 4. Ordinance No. Repealing Existing Zoning and Subdivision Regulations Codified at Tittle 11 and Title 12 of the Meridian City Code; Re -Enacting a New Tide 11 To Be Known As the Unified Development Code (1st of 3 Readings): S. Ordinance No. Enacting a New Provision of the Unified Development Code Pertaining to Development Along the State Highways to Be Codified at Title 11, Chapter 3, Article Hof the Meridian City Code; Adding a New Definition of the Term "Approach" to Title 11, Chapter 1, Article A. Section 1 of the Meridian City Code (1't of 3 Readings): Meridian City Council Special Meeting Agenda - August 9, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andfor hearings, please contact the City Clerks Olfice at 888-4433 at least 48 hour: prior to the public meeting. DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 01 08/05 17.32 P -AND -Z EC --S 00'46" 002 118 OK 02 08/05 1734 ALL AMERICAN INS EC --S 00'46" 002 118 OK 03 08/05 17:35 FIRE DEPT EC --S 00'46" 002 118 OK 04 08/05 17:36 128300040 G3 --S 00'58" 002 118 OK 05 08/05 17:38 208 387 6393 EC --S 00'46" 002 118 OK 06 08/05 17-39 ADA CTY DEUELMT EC --S 00'47" 002 118 OK 07 08/05 17:40 2088885052 EC --S 00'47" 002 118 OK 08 08/05 17:42 CHERRY LANE G3 --S 01'24" 002 118 OK 09 08/05 17.44 IDAHO ATHLETIC C EC --S 00'46" 002 118 OK 10 08/05 17:45 ID PRESS TRIBUNE EC --S 00'46" 002 118 OK 11 08/05 17:47 2088886701 EC --S 00'46" 002 118 OK 12 08/05 17:51 92083776449 EC --S 00'46" 002 118 OK CI'T'Y OF MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA Tuesday, August 9, 2005 at 6:00 p.m. City Council Chambers 1. Roll -call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: "Although the City of Meridian no longer requires sworn testimony, aA presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 3. Public Hearing: Application for an Ordinance for a New Title 11 Unwed Development Code replacing / repealing Title 11 Zoning Regulations and Title 12 Subdivision Development of the Meridian City Code: 4. Ordinance No. Repealing Existing Zoning and Subdivision Regulations Codified at Tittle 11 and Title 12 of the Meridian City Code; Re -Enacting a New Tide 11 To Be Known As the Unified Development Code (1st of 3 Readings): S. Ordinance No. Enacting a New Provision of the Unified Development Code Pertaining to Development Along the State Highways to Be Codified at Title 11, Chapter 3, Article Hof the Meridian City Code; Adding a New Definition of the Term "Approach" to Title 11, Chapter 1, Article A. Section 1 of the Meridian City Code (1't of 3 Readings): Meridian City Council Special Meeting Agenda - August 9, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andfor hearings, please contact the City Clerks Olfice at 888-4433 at least 48 hour: prior to the public meeting. t,.. ** TX CONFIRMA,.JN REPORT ** AS OF RUG 05 '05 1't-52 PAGE.01 CITY OF MERIDIAN CY'T'Y OF MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA Tuesday, August 9, 2005 at 6:00 p.m. City Council Chambers 1. Roll -call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: "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." 3. Public Hearing: Application for an Ordinance for a New Title 11 Unified Development Code replacing / repealing Title 11 Zoning Regulations and Title 12 Subdivision Development of the Meridian City Code: 4. Ordinance No. Repealing Existing Zoning and Subdivision Regulations Codified at Title 11 and Title 12 of the Meridian City Code; Re -Enacting a New Title 11 To Be Known As the Unified Development Code (1st of 3 Readings): 5. Ordinance No. : Enacting a New Provision of the Unified Development Code Pertaining to Development Along the State Highways to Be Codified at Title 11, Chapter 3, Article H .of the Meridian City Code; Adding a New Definition of the Tenn "Approach" to Title 11, Chapter 1, Article A, Section 1 of the Meridian City Code (15` of 3 Readings): Meridian City Council Special Meeting Agenda — August 9, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours priorto the public meeting. DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 23 08/05 17:16 3810160 EC --S 01'17" 002 118 OK 24 08/05 17:18 PUBLIC WORKS EC --S 00'47" 002 118 OK 26 08/05 17:22 12084664405 EC --S 00'47" 002 118 OK 27 08/05 17:23 8841159 EC --S 00'46" 002 118 OK 28 08/05 17.24 2088840744 EC --S 00'48" 002 118 OK 29 08/05 17:26 POLICE DEPT EC --S 00'47" 002 118 OK 30 08/05 17:27 8985501 EC --S 00'47" 002 118 OK 31 08/05 17:28 LIBRARY EC --S 01'01" 002 118 OK 32 08/05 17:31 3886924 EC --S 00'46" 002 118 OK CY'T'Y OF MERIDIAN CITY COUNCIL SPECIAL MEETING AGENDA Tuesday, August 9, 2005 at 6:00 p.m. City Council Chambers 1. Roll -call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: "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." 3. Public Hearing: Application for an Ordinance for a New Title 11 Unified Development Code replacing / repealing Title 11 Zoning Regulations and Title 12 Subdivision Development of the Meridian City Code: 4. Ordinance No. Repealing Existing Zoning and Subdivision Regulations Codified at Title 11 and Title 12 of the Meridian City Code; Re -Enacting a New Title 11 To Be Known As the Unified Development Code (1st of 3 Readings): 5. Ordinance No. : Enacting a New Provision of the Unified Development Code Pertaining to Development Along the State Highways to Be Codified at Title 11, Chapter 3, Article H .of the Meridian City Code; Adding a New Definition of the Tenn "Approach" to Title 11, Chapter 1, Article A, Section 1 of the Meridian City Code (15` of 3 Readings): Meridian City Council Special Meeting Agenda — August 9, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours priorto the public meeting. /'*N Meridian City Council Special Meeting August 9, 2005 The Meridian City Council Special Meeting was called to order at 6:00 P.M. on Tuesday, August 9, 2005 by Council President Shaun Wardle. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Charlie Rountree and Christine Donnell. Staff Present: Bill Musser, Anna Canning, Joe Silva, Ted Baird and Will Berg. Item 1. Roll -call Attendance: Roll call. X Shaun Wardle X Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd Item 2. Adoption of the Agenda: Bird: Mr. President I move we adopt the agenda as published and that would include -- if the Council would feel -- to move forward that would include Ordinance Nos. 05-1170 and 05-1171. Rountree: Second. Wardle: It's been moved and seconded to adopt the agenda with the additions of the Ordinance numbers. All in favor? ALL AYES. MOTION CARRIED. Item 3. Public Hearing: Application for an Ordinance for a New Title 11 Unified Development Code replacing / repealing Title 11 Zoning Regulations and Title 12 Subdivision Development of the Meridian City Code: Wardle: We will begin with a brief staff presentation of the Ordinance and then the memos and then we will take some comment. After that comment we will move into a discussion of the fee structure. Canning: I am sorry, sir, I seemed to have misplaced one thing. Just half a second. Wardle: No problem. Just for the record this is a continued public hearing on our Unified Development Code from July 26t", I believe. Meridian City Council Special Meeting August 9, 2005 Page 2 of 16 Canning: Found it. Sorry about that. Madame Mayor, members of the Council, President Wardle the Code that we currently have was originally written right when the state pretty much adopted the requirement for zoning ordinance and it's been amended over time, but has never been substantially redone. So, we are talking about — probably created in the 1970's and although it's been piece -meal added too, there has never been a full overhaul. So, one of the things that recognized when I first got that there that the list of needed amendments to the Zoning Ordinance was large. There was several of them and they were in various places throughout the document, but what the document really lacked was the structure that we could work with to make those amendments. It was also noted in the Comprehensive Plan that there were a number of code issues that needed to be updated to reflect new development codes as well as new uses; things that in the 1970's were never anticipated as a use that you needed to plan for. So, with all these things in mind we undertook the new Unified Development Code and we worked with a group of about eight individuals, who volunteered over 100 hours individually, collectively we are talking about probably 1000 hours and helped us to modernize our standards and come up with new tools for addressing the development needs as we saw them, while still meeting the needs of the citizens of the City of Meridian and Planning Staff and Counsel. So, that's my brief history and what I will do now is I'll move into, as you know, the Planning and Zoning Commission has forwarded a draft for you consideration. What I have done as we've noticed things that need to be corrected or just clarified over time, I have kept track of those and those have been brought to you in three documents now and I apologize for the two, but we will continue to find these and I figured it's better to let you know about them now then after we get it adopted. The first item that I will go through is entitled "Staff Summary of Planning and Zoning Commission Recommendation to City Council". It's your standard cover sheet. They have recommended that you approve the document as they have amended it and that amended version was posted on the website and has been available for public comment since June 7, 2005. They held their hearings in April. There were only a few people that came to that hearing. Mark Russell spoke in favor of some of the Old Town Ordinances; James Fuhrman spoke in opposition — he was mostly opposed to the extent of the changes and the inability to go back and read underline and strike -out comparisons of what had changed. Now, that of course, would be impossible because this is completely restructured. We would basically just strike out the old one and underline the whole new one. Also, commenting was Paul Pusey and he is looking at the — he is a representative for manufactured homes; Gordon Marguiluex is a resident who had some questions about noise and lighting and then David Turnbull provided comment via email. I presented that application. What I would like to do now is go to the outstanding issues before Council that start on Page 2. As I said I have been kind of keeping a list of all the edits that need to be done. This was the first address of that and what I did is that I just pulled out the ones that had any significance. If it was just taking an extra "and" out or changing a period to a comma, I am not bothering you with those today. So, we are just trying to get to the substantive ones. Regarding Meridian City Council Special Meeting August 9, 2005 Page 3 of 16 code enforcement, the Police Department when we initially talked about it had decided that we would add some text to their section of Title 6, regarding code enforcement. After reconsidering it they decided that it would be better to go ahead and put it in the Unified Development Code. Apparently, some of the judges like it better if all the penalties are in the same place that the standards are. So, that is the reason to move that in there. Planning and Zoning Commission did have that material. They didn't spend a lot of time on it because they thought it was going into a different section of the code and so they didn't spend a lot of time fine tuning it. We did work with the Police Department and the Legal Department to clean that up a little bit and get that in a form that could be included in the UDC. That's listed as Exhibit B. Residential street buffers — we moved the residential street buffers from one section, the Landscaping Section to the Use Section, so that all of the dimensional standards that impact the property the most would be in one case, but we forgot to put some of them in some of the tables. So, we are not really proposing anything new, we just forgot to put it in some of the tables so we are just clarifying that we need to get those in there. It was the residential district that we forgot them on. All the other district tables have them. Standards for a traditional neighborhood district — right now there is one table that has all the dimensional standards as far as street width, the travel way and parking in alleys and setbacks on it. Now, we want to leave that table there, but we want to make it blank for right now. The Fire Department and the Police Department wanted a chance to meet with the Process Improvement Group and maybe come to some consensus on what the appropriate standards would be. So, the Fire Department is waiting until we have that meeting so — they are opposed to the standards as they are currently written, but they are not going to do a presentation tonight because the anticipation is that we will work together on those and come back at a later date. Now, there is no existing T&R District, so these won't be an issue. It's not like somebody is going to come in the day after it's adopted and say I've got this lot, it's zoned T&R, I want to build something and not have a standard there. You will have an opportunity — you'd have to approve a zoning for that and you'd have the opportunity to set those standards at that time. But, we do hope to get it back to you quickly. We don't want to leave this as out there hanging. Parkway planters — ACHD recently initiated a discussion with all the city regarding the width of the parkway planters, there we go — and that's the area between the edge of the curb and the sidewalk where you put your streets trees, that's the parkway planter. They are requesting larger parkway planters. We kind of all agreed on an 8 -foot width for class two trees and then for class one, two or three trees you would have to go up to ten. The class one and the class three require more room. The class one require — because they are kind of messy and the class three because they are really big. That's that. I think that we have addressed that issue. There are a lot of specifics there, but for the most part think that that is addressed. Mr. Turnbull provided a letter to you all stating that he wasn't opposed to that parkway. He did he a question about the preliminary plats that were approved with the 5 -foot parkway. My understanding would be that those would be — that the preliminary plat approval would prevail. ACHD has Meridian City Council Special Meeting August 9, 2005 Page 4 of 16 indicated that they would be looking on the 8 -feet on all of them. I asked them to check with their attorneys. We haven't heard back on their attorneys, but the consensus from our attorneys was that the preliminary plat as approved would suffice. Okay — required parking spaces for residential uses — I had quite a few changes here and some of this was — most of this was to address some of the Fire Department concerns regarding kind of guest parking or off-street parking and we have been generally requiring these standards when we do Planned Developments. That's basically that there be a parking pad behind the garage that is 20 by 20 so that if people aren't parking in their garage, they have room between the edge of sidewalk and the face of the garage to park vehicles. So, that's what those changes were there. Then for multi -family dwellings it had that they had to have off-street parking in an enclosed garage. I thought that that was meant to be covered parking or an enclosed garage, so I kind of suggested a covered carport there. Okay parking standards for non-residential uses — this was the discussion about the no more off-street parking required. What we were proposing and I believe Mr. Bowman testified briefly at the last hearing that he was supportive of these is that the following standard shall apply for off-street parking and it was one space for every 500 square feet of gross floor area in commercial districts and traditional neighborhood districts and then in the industrial districts it would be one space for every 2,000 square feet of gross floor area. So, we would propose those as the minimum parking ratios — it just goes by district rather than specific use and as I indicate when we had our workshop the problem with the specific use is like a Hallmark store has a very different parking need than a furniture store, but they are both retail stores. So, what we tend to find is that the individual owners of those establishments have a much better idea of how much parking they need and how much parking they can live with. But, this would give us a real basic standard to apply so that we could be sure we were getting some. Okay temporary off -remise signs — this is one that I don't know how Council and Mayor will feel about this. What it would allow is small off -premise signs, about the same size as the real estate signs. We have some people that may be on the street just off of Main Street that want to advertise on Main Street because that's where all the traffic is that if they got the permission of the property owner next to them they could advertise for the sale of holiday hams, perhaps or something like that. Our current code does not allow off -premise signs. The reason you generally want to be very careful with off - premise signs is because unless you want to see a lot of bill boards in your community you have to really limit the size of them and the location of where they can go in the duration. So, this would be a very limited opportunity for some off - premise signs for folks that needed it. Private street standards — I will just talk about them now because they are on my list, but that was quite a — they next are on the list — fairly substantial changes and I think that this is one that from what I heard before, Council hearing maybe you want to talk about — these would be the private streets associated with developments such as the Messina Meadows where they have the fronting on the open space, but had the — called an alley, but we would call it a private street behind — behind them 24 -feet in width — did work with the Fire Department and the Police Department on that. They feel /"N /'\ Meridian City Council Special Meeting August 9, 2005 Page 5 of 16 pretty comfortable with those, so I am not sure if that's the one that Council was concerned about or the traditional neighborhood residential district. Basically, it also gives the Fire Marshall the authority to go back and convert a drive -aisle in like a commercial development to a private street so that they can get a street name and addressing. So, the initial impetus for the private streets was to get some addressing and then this idea of these residential where they face a common open space rather than a street came up so we tried to tweak it to accommodate that as well. Development along state and federal highways, I understand that we are not addressing that right now. We are going to do that — oh, it's listed together now. Can I talk about that or do I need to move on? Mr. Rountree? Mr. Baird? Baird: Mr. President, members of the Commission — or wait sorry about that just did the P&Z last week, so — you are not the P&Z you are the Council. Members of the Council, I wanted to point out that I have separated out as Item No. 5 a separate ordinance pertaining to development on state highways. It would be my recommendation that you hold your comments on that and address it directly and give Council member Rountree an opportunity to recuse himself from that discussion. Canning: Okay. I will move onto drive-thru establishments then. You asked for a separation standard for drive-thru establishments and Mr. Turnbull did point out that perhaps we need a little more clarification here that the idea was just to make sure that there was a 300 -foot separation between the drive aisles and the window, not for the whole building because you could have a drive-thru on one side of a 300 -foot building and one on the other. So, I will make those edits if that is what the Council desires. But, I did think that that was a good edit proposed by Mr. Turnbull in his memo. Okay, that would end that first document. The other two will go quickly. The first is a memo dated July 26th. The only substantive one on that is the fourth one and that would be to delete the requirement that a daycare conditional use approval ceases with the sale of the establishment. This issue came up recently and did get public comment of a woman who is going through this right now. Currently, we require that they come back to you and get the change of owner approved. It's not really a public hearing, but they do need to come to you to get the name approved. With the new code it said that they had to go through the whole process completely over again. I know what the intent is, we are not sure if it's met by the existing standard or the new one. The intent is that if they were to sell to somebody who shouldn't have a daycare that you would have an opportunity to say no. Unfortunately, the stuff that we ask for in the process that they go through doesn't really get us there anyway. What we really need to do is fingerprint the new owner and see if they have a record. So, I leave it up to you as to what you may want to do regarding that one. It does seem onerous to folks that have a good daycare, that are running it, that just want to retire or need to retire for a reason and have a willing buyer that they have to go through the whole process again. Okay I am going to move on to the memo that you just got tonight. The Meridian City Council Special Meeting August 9, 2005 Page 6 of 16 first three sounds rather complicated or the first two sounds rather complicated. They are not — what happened was we had multi -family dwellings and then we had multi -family developments. We meant to go and take out the dwellings and just call them multi -family developments, so I just need to go and make that edit to the use tables and then everything works with the definitions. However, I was looking at the standards for the multi -family development and you know recently you know we have had ones that have come up very large — over — we have had two now where someone is proposing multi -family developments that have more than 200 units and I don't think that we anticipated that when we were originally doing the UDC. We had the sliding scale for amenities that stops at 75 units, so would recommend to adding an additional one that basically says that if you have got more than 100 units you need to provide amenities commensurate with the development. They are all conditional uses anyway and you could do that if you don't want to add the standard, but it just kind of puts the applicant on warning that four is not going to be enough if you are proposing 200 units — four amenities. Then Ms. Cheryl Brown asked me to add a standard for drive-thru establishments and basically no alcohol, including, but not limited to liquor, beer and wine may be purchased, sold, picked up or otherwise acquired at the drive - up service window. So, that one is pretty straightforward. Everybody is disappointed, though now that we know. So, those are all my edits. I will take direction from you as to what you would like me to talk about more or less as the case may be. I should point out that Mr. Dave Bailey is here, too. He was on the Process Improvement Group and glad to see his sport tonight. He was one of the very diligent members — he and David both spent -- I think they attended nearly every meeting. Wardle: Sorry about that. Anna, just to ask a question about No. 5 on our items that we received today and the item that you mentioned that Ms. Brown asked to place for consideration. One of the questions that just brought up was pharmacies may dispense certain medications, I assume, that contain alcohol and so I wonder really is there more background for Item No. 5 for us to consider? Canning: Sure. I just tell you why it came up. There is Baja Taco out at Hark's Corner that has a drive -up window that was approved. Mr. Mike Eddie, who was originally going to put his liquor license in a closet at Muggsy's has since contacted Baja Taco to move his liquor license there, so that the conditional use permit was already approved for the drive -up window and the liquor license is coming in after the fact. But, we can put excluding pharmaceutical note in the covenant. No alcoholic beverages. Mayor: Mr. President. Wardle: Madame Mayor. Meridian City Council Special Meeting August 9, 2005 Page 7 of 16 Mayor: I guess to clarify that. That would require a permit — a liquor license or a license probably. Wardle: So, the question is are we asking to prohibit that completely or are we asking for that to become part of the conditional use process for a drive-thru? Canning: It would be a standard for a drive-thru; they could not sell alcoholic beverages at their window. Donnell: Mr. President. Wardle: Ms. Donnell. Donnell: There certainly are pharmacies that do have wine and beer as well as alcoholic cough syrups. Canning: So, it's not just food drive -up, it would be any drive -up if we said no alcoholic beverages. Wardle: Mr. City Attorney what does our current code read as far as enforceability of those? Baird: Mr. Council President and members of the Council, while you are having this discussion I am trying to access the state code. I have got an inkling that this is actually covered by state code, otherwise, we would have seen like we do in some of our neighboring states to the East where you can drive up and get one for the road. We just don't see that here. So, if indeed this field is covered by the state law you might not see this on the next iteration. We talked about that this afternoon and it didn't even occur to me that there is a possibility that there is a state law that this would cover. I don't think you can drive -up to Rite- Aid and get cough syrup and a six-pack. Canning: Mr. President. Wardle: Ms. Canning. Canning: We do know that Mr. Eddie, that that is a specific condition of his license and that they did recognize that. So, I think it is and that the state does look at that. So, if you don't want to put it in ours that is fine. Wardle: And that would be mine — not to muddy the waters, but if we are already covered, which I am sure we are, then don't be redundant with it. Mayor: Mr. President. Wardle: Madame Mayor. Meridian City Council Special Meeting August 9, 2005 Page 8 of 16 Mayor: I guess, it was brought to ABC's attention because of where they were placing it, I think it's a case-by-case basis and ABC does not always know the landscape of where they are putting these things. It's a safe guard and if Mr. Bpird looks and finds it's already there we can clarify it by just saying no alcoholic beverages, but I think it needs to be very clear. There are some states that you can get beverages by the glass or the drive-thru, so — Bird: Mr. President. Wardle: Mr. Bird. Bird: I think I agree with the Mayor on that aspect, only the point is there have been a lot of places you buy at walk-up windows that you get your alcohol through, so it has to definitely be a drive-thru that you would cover under this. I believe the state liquor license law probably covers that. (Inaudible----) a lot of drive-thru and I don't know any drive-thru that you can go get a six-pack to go. Wardle: Anna, do you have any additional comments before I open up for some further public comments? Canning: No, sir, just to answer any questions you have. Wardle: Council, any questions specific to the ordinance? Let me just clarify, Anna, that we are in the ordinance not approving the T&R residential district. That is something that the standards for that will come back and are currently in discussion in regard to drive aisle and some of the other access issues. Canning: Yes, but let me be just a tad bit more specific. We are setting up the T&R district. We have the purpose statement. We have everything except the dimensional standards for it, is what we are proposing to leave off for now. So, everything else is there it is just the question of what the setbacks are and how wide the streets are. Wardle: Thank you. Canning: It's really only those things related to the width of the street and the access and the setbacks from the alley. Baird: Mr. President. I might suggest at this time that it's an appropriate time to have a discussion about the item regarding the development on state highways. The way that this was noticed, we only have one general hearing, so we can't really separate out if audience members want to talk about that, they are going to have include it in their general comments, but it's my understanding that Councilman Rountree, when it comes to considering the two ordinances, he will probably be recusing himself of that one. Because we are in the public hearing, Meridian City Council Special Meeting August 9, 2005 Page 9 of 16 we need to present that and hear feedback on it, we'd probably better do that at this time. Wardle: Okay. Thank you, Mr. Baird. Mr. Rountree. Rountree: Mr. President, because of the topic, I would request to recuse myself on Item 15 on the Pre -Council agenda. Donnell: Item 5? Rountree: Item 5, excuse me. Canning: Mr. President, shall I go through that now? Wardle: Yes, if you could address the item specific to state highways. Canning: Okay, let me give you a little backup history because it's been a while since we went through it all. But, this was not something that the Process Improvement Group originally addressed. It came up kind of in between when they wrapped up their edits and before we got it to Planning and Zoning Commission. The Planning and Zoning Commission did include it in their recommendation. We then met with the Process Improvement Group to discuss the Planning and Zoning Commissions' recommendation. So, what you have before you in Exhibit D are the Planning and Zoning Commissions' recommendations and then the edits as proposed by the Process Improvement Group and then the edits as propose by staff to the Process Improvement Group edits. It's a little confusing. There is no doubt about it. There is really only one issue that comes out. But, let me just go through page by page. The first one, it was clarified that McDermott Road or future Highway 16 extension that was from ITD requested those. The double underlined is new from staff and the strikeout is new from staff and the regular red text — doesn't show red — I am sorry, I am talking to myself. Then as we get to the public street connections, the Process Improvement Group had wanted to open up the requirements for the quarter mile access. ITD is requesting that the quarter mile access not be included as allowed at all. Number three as you go down, the applicant shall construct a collector's street — we thought sometimes that collector sometimes isn't required, so we kind of backed off on that. It was just a street generally paralleling the state and that should be highway — be designed to accommodate future connectivity. So, it's basically whatever kind of street needs to go there, should go there and it should generally parallel the state highway. As you get to the next page on see designing construction standards for state highways, the items that show deleted over to the side were at the request of the Process Improvement Group and staff and ITD staff and Planning staff are supportive of that. Then we just added some language along Highway 69 that inadvertently got left out, but it got deleted when it shouldn't have. Then the definition of approach, there was a recommendation by Trish Nielson from COMPASS that Meridian City Council Special Meeting August 9, 2005 Page 10 of 16 we use the same one that the state uses and we were — that's fine, we didn't see any problem with changing that. So, really the hot topic of discussion is the quarter mile mark between section line roads and where there should be an access, so basically, what this says is that you get your access at the half mile, there needs to be some kind of general collector road that parallels the state highway that provides a frontage or back -age road to those properties that front it and those should bring that traffic to the half mile mark. That allows ITD to — if they need to do lights they will do it at every half -mile. The quarter mile was presented as an option for ride in ride out only. The Process Improvement Group wanted to do a left in also, so the only movement that would be prohibited is left out and ITD staff came back and said you know really we can't support the quarter mile at all. So, I think that is the big issue along the state highway. With that I will answer any questions. Wardle: Council, any questions for Anna on this issue? Bird: I have none. Wardle: Mr. Baird, just a point of order here. At this point I need to open up for all discussions or can I open up for specific discussion on this item? Baird: Mr. Council President, since we do have Councilman Rountree out of the room, it might be appropriate to keep it separate. A little more cumbersome, but probably easier for the record. That would be my recommendation that if you take specific comment as to the item that we are currently discussing then you can continue with the hearing on all other topics and then we will bring the Council member back in. Wardle: At this time I would like to take additional public comment on the item specific to development along state highways. If you would come forward and please state your name and address, if you have any additional comment. David Turnbull: David Turnbull, 12601 Explorer Drive in Boise. I just wanted to get a clarification from Anna on the access restrictions. Is this for new development along state highways? Is this specific to a certain state highway? I am kind of getting confused here myself. Canning: President Wardle, members of the Council this is for access to State Highway 69, State Highway 55 and State Highway 20-26. If the applicant had invested preliminary plat that showed the access previously, my understanding again is that that vested preliminary plat would prevail so this would be new development along that state highway. David Turnbull: Okay, so our project that we have already constructed onto the road (inaudible) — /'% Meridian City Council Special Meeting August 9, 2005 Page 11 of 16 Canning: Yes. David Turnbull: (Inaudible---------) Canning: Right, well you already got that one approved, yes. David Turnbull: Okay, I guess all I would do is point out that and I understand ITD's reasoning and what they are trying to accomplish when you restrict those accesses, you are probably going to restrict what kind of development that comes along with them, so I hope that the Council understands that. Thank you. Wardle: Is there anyone else that would like to provide specific comment? At this time, Mr. Berg would you invite Mr. Rountree back please? I would like to welcome Mr. Rountree back to our Pre -Council agenda. Thank you. At this time, will take further comment from the public on our full development code. If you would please step forward and state your name and address for the record. would like to also acknowledge a written letter received, which is part of the written record by Mr. David Turnbull and Mr. Turnbull if you would again state your name and address. David Turnbull: 12601 W. Explorer Drive, Boise. Just I guess I wanted to make sure everybody received the letter, if they had any questions, I would stand for questions. It's pretty self-explanatory and I think Anna has covered most of them. Wardle: Mr. Turnbull, just a question I see here in the fee schedule that through some of your research that the proposed fee schedule, which we will discuss in just a moment is higher than other municipalities and that you would recommend adoption of that without the overhead. Is that correct? David Turnbull: Right. I went through and took a look at — I went through with a highlighter and highlighted the ones in Meridian that would be higher than the majority of the other cities. I think Anna prepared a table that compared it with the other municipalities and it just seems that it was getting on the high end and I think I stated in my letter the rational for keeping it without the overhead added to that fee structure. I guess I would like to make a comment about one of the first items in the second paragraph in my letter. I am concerned that an 8 -foot parkway planter requirement is going to cause most developers, many developers that are now doing detached sidewalks and decide it's probably not worth it anymore and we will start to see more attached sidewalks because of the increased requirements. I will probably endeavor my best to keep doing them. think that, you know, a 6 -foot planter strip would have been more incentive for developers that continue to offer those. I think it's important. I think it's really what makes a neighborhood a nice neighborhood is those street trees with detached sidewalks, so you don't have the typical problems that you see where you have attached sidewalks with people parking up on the sidewalk and the Meridian City Council Special Meeting August 9, 2005 Page 12 of 16 mailbox complex and all those things, but I think that this is something that you are just going to see what happens and see if you start seeing a lot more attached sidewalks projects, you might want to revisit it in the future and see if you can come to some kind of consensus between all of the cities and ACHD for the standard that would (inaudible) detached sidewalks. Wardle: Thank you David. Bird: Mr. President. Wardle: Mr. Bird. Bird: I have got a question for you there, David or Anna. Why have we gone to the 8 -foot parkway planter area, Anna? Canning: Mr. President, Mr. Bird. I did not bring the ACHD background information with me tonight. I can do that if you want me to. Basically, they did a comparison of planter width to problems or items that need reconstructing at some point in the future. That future can be pretty far out there sometimes, fifty hundred years. But, they were claiming that the 5 -foot sidewalks can create problems in as little, I think, as five years was their study information. They were only willing to take like a ten percent risk, I think it was and that was at the 12 - foot mediums. We kind of (inaudible) back towards the 8 -foot mediums, which is about a 20 percent likelihood of having to replace it within the next ten years or something like that. I don't remember all the numbers off the top of my head, but that is basically how it worked is there was — they had picked a cutoff line and we basically bumped it up and said well we think we get them to live with this one, what do you feel? But, it could be a topic of further discussion with ACHD or with this document. I did want to expand a little bit on Mr. Turnbull's letter. What he is asking is that to offset that additional parkway with what we said in the UDC is that you can count that area between the sidewalk and the curb as your open space for your five percent minimum open space requirement. Now, if you are an alley access property, then you get to count the whole thing. If you are not an alley access property, we said you needed to take out 30 feet for the driveway cuts for each lot. What Mr. Turnbull is proposing is that it be 26 feet instead of 30 feet. I think that is very reasonable. We could even go to 24 feet, which would be just about the width of a two -car garage. So, sometimes you will get a three - car garage that will increase that width, but for the most part will probably get that. Now if people all start putting in 40 -foot driveway cuts, then they are not going to get much open space there, but that is the issue with reducing it. I think that that's a reasonable request. Wardle: Thank you, Anna. Further questions of staff? At this time, Anna, I would like just a quick clarification within the UDC, we are not at this time considering these fees is that correct? Meridian City Council Special Meeting August 9, 2005 Page 13 of 16 Canning: No, it is not part of the Unified Development Code hearing. It just needs to come before you and be approved as a resolution as my understanding. You did ask for me to deliver it with the Unified Development Code. Wardle: So then a clarification from Mr. Baird. Mr. Baird would it be proper for us to take comment on these fees within this hearing or do we need to close it? Baird: President Wardle I would recommend that the Council probably have a separate hearing on that one when it does come forward as a proposal. That would be my recommendation since it is not — the hearing is intended to take comment and receive direction from Council on the two ordinances and basically to contain the UDC. Wardle: And I wasn't suggesting that we have the full hearing for the fees at this time, I was — is it proper to discuss them or --? Baird: Mr. President, members of the Council it's not inappropriate to discuss them if you got the memo in front of you, you have heard some discussion and if you want to give some feedback on what you would like to see, but I guess would caution you to reserve full discussion for a properly noticed hearing. Wardle: Thank you and at the Chair's prerogative then we will not be considering the full discussion on the fees, we will probably notice that and bring it forward after we have had some input on the memo. Canning: Okay. Mr. President, I also need to — I thought David might bring this up he has not, so Mr. Turnbull I need to bring up another issue on his letter. He has asked that the public alleys — wait, let me back up a little bit. In the traditional neighborhood residential district we had very specific standards for alleys that didn't necessarily apply to the rest of the residential districts. The rest of the residential districts had a 20 -foot alley requirement with 20 -feet paved. He has asked that it be a 20 -foot alley easement with 16 -feet paved. Now this is one of the issues that the Fire Department want to still talk about, so I think Mr. Turnbull agreed that we could still discuss that as part of that other meeting and then go back and amend the text as it is now. So, we probably do need an alley statement in there in general, so we propose that it just be kept the way that it is for now because we do have alleys out there. (Turn over tape) Canning: -- residential district where it doesn't exist yet. We do have alleys that exist so, we need to keep that one in there. Wardle: Thank you. Council, any additional comments on any of the amendments or the Code in general? Meridian City Council Special Meeting August 9, 2005 Page 14 of 16 Bird: I have none, Mr. President. Donnell: Have done an amazing job. Wardle: I would agree that my initial comments both for staff and all the members of the public and the business community that participated, this was a great process that certainly needed updating. It was a very labor intensive task and I have personally been very please with the outcome and think it sets in place a nice design standard for our community to live up to. With that, I would entertain a motion to close Public Hearing on Item No. 3. Bird: So moved. Rountree: Second. Wardle: It's been moved and seconded to close the Public Hearing on Item No. 3. All in favor? ALL AYES. MOTION CARRIED. Item 4. Ordinance No. 05-1170 Repealing Existing Zoning and Subdivision Regulations Codified at Title 11 and Title 12 of the Meridian City Code; Re -Enacting a New Title 11 To Be Known As the Unified Development Code (1St of 3 Readings): Item 5. Ordinance No. 05-1171 : Enacting a New Provision of the Unified Development Code Pertaining to Development Along the State Highways to Be Codified at Title 11, Chapter 3, Article H of the Meridian City Code; Adding a New Definition of the Term "Approach" to Title 11, Chapter 1, Article A, Section 1 of the Meridian City Code (1St of 3 Readings): Wardle: Moving to Item No. 4 is Ordinance No. 05-1170 repealing the existing zoning and subdivision regulations codified at Title 11 and Title 12 of the Meridian City Code and re-enacting a new Title 11 to be known as the Unified Development Code. This is the first of three readings, as I understand Mr. Baird? Baird: That is correct. Wardle: Mr. Berg if you will please read by title only. Berg: Thank you Mr. President, members of the Council, Mayor. Ordinance No. 05-1170 an ordinance repealing existing zoning and subdivision regulations codified at Title 11 and Title 12 of the Meridian City Code, re-enacting a new Title Meridian City Council Special Meeting August 9, 2005 Page 15 of 16 11 to be known as the Unified Development Code and providing an effective date. Wardle: Thank you, Mr. Clerk. Mr. Baird will you please remind me of my process for the first of three readings? Baird: Council President and members of the Council. You just completed it. If I could just explain the draft that you have before you does not contain a waiver of the reading rules, so we are following the regular statutory procedure for three readings and again, the way that these are put together on the agenda, Item No. 5 assumes that you have already passed Item No. 4 because No. 5 contains that one provision that we pulled out. So, I will allow you to proceed with that one. Wardle: Thank you, very much. Item No. 5 is Ordinance No. 05-1171. Baird: Mr. President, members of the Council, Councilman Rountree has already made his statement for the reading. There is no reason for him to actually step down, you are not hearing any testimony, so — Wardle: Thank you. Mr. Berg will please read this Ordinance by title only. Berg: Thank you Mr. President, members of the Council and Mayor. Ordinance 05-1171 an Ordinance enacting a new provision of the Unified Development Code pertaining to development along state highways to codified at Title 11, Chapter 3, Article H of the Meridian City Code and adding a new definition of the term approach to Title 11, Chapter 1, Article A, Section 1 of the Meridian City Code and providing an effective date. Wardle: Thank you, Mr. Clerk. It is my understanding that these ordinances will now be moved to our next regularly scheduled meeting on August 16th for the second reading. That brings us to the end of our agenda Council. Canning: Mr. President, just for clarification because I have no idea of what I am doing. This is never — I have never had one of these before. Do we — should I make the edits for you? Do you have a target implementation date? What do I need to do? Wardle: Mr. Baird. Baird: Mr. Council President, members of the Council and staff, with the public hearing being closed it appears that we have received all the input for both the Council and the public. When I drafted this the ordinances contained the original version or the latest version of the UDC plus all of your exhibits, so the intent was that the next time that this was on the agenda, it would incorporate that if it's going to take more than a week and it probably will, it would certainly need to be here before the third reading. All of it is in there in content, it's just the form now A.—, 11� Meridian City Council Special Meeting August 9, 2005 Page 16 of 16 that we are playing with. So, by the time that it reads through it's third reading, it would be my desire that the only attachment to the Ordinance 05-1170 be the Unified Development Code and then with regard to Item No. 5, Ordinance 05- 1171, whatever final version that the state highway that you have — one way if you are seeking additional input from the Council, one way to do it would be to put it on the agenda for the second reading and allow them to not have a public hearing on it, but certainly get further direction from the version that is going to be on the published agenda, after seeking more direction. So, we can certainly handle it that way, under either a staff report or a separate discussion on a second reading of the ordinance. Is that helpful? Canning: Yes and as long as Council understood that I wanted to make sure that we all understood the same thing. Okay? So, I will try and get the edits done as soon as I can. Wardle: Thank you, Anna. Bird: Mr. President. Wardle: Mr. Bird. Bird: I move we adjourn. Rountree: Second. Wardle: It's been moved and seconded to adjourn the Pre -Council Special Meeting. All in favor? ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 6:55 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: TAMIAX WEERD, MAYOR ATTESTE DATE APPROV(\ED11't"`''�, A Cl SEA.&— WILLIAM G. BERG, JFK, C C t.Y �r//////'"PPPlftl 111111\\\\\` \`\`a no MERIDIAN CITY COUNCIL MEETING August 9, 2005 APPLICANT ITEM NO. 5-A REQUEST Approve Minutes of May 3, 2005 City Council Special 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: COMMENTS Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN CITY COUNCIL MEETING AGENDA Tuesday, August 9, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll -call Attendance: X Shaun Wardle X Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: By Officer Stokes 3. Community Invocation by Pastor Burton Roberts, with Meridian Gospel Tabernacle: Presented 4. Adoption of the Agenda: Approve 5. Consent Agenda: A. Approve Minutes of May 3, 2005 City Council Special Meeting: Approve B. Approve Minutes of July 12, 2005 Pre -Council Meeting: Approve C. Approve Minutes of July 12, 2005 City Council Regular Meeting: Approve D. Sanitary Sewer and Water Main Easement Agreement for Strada Bellissima: Approve E. Water Service Easement for Metro Car Wash by EP Crossing LLC: Approve F. Water Service Easement for Metro Car Wash by ABC2, LLC: Approve G. License Agreement with Nampa and Meridian Irrigation District for Strada Bellissima, LLC: Approve Meridian City Council Meeting Agenda — August 9, 2005 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 hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. too**, el*N H. Black Cat Trunk Sewer and Lift Station Proiect Addendum No. 4 with JUB Engineers: Approve I. Permanent and Temporary Easement Contract for the Black Cat Sewer Proiect. Approve J. Change Order No 1 for the Franklin Road Waterline Extension. Approve K. Approve Transfer of Beer License for Baia Taco for Michael Eddy —1725 West Franklin Road, Suite 120: Approve L. Approve Liquor License Transfer from Eddy's to Baia Taco for Michael Eddy —1725 West Franklin Road, Suite 120: Approve M. Water Main Easement for Albertson's Stub Street (North Portion : Approve N. Water Main Easement for Albertson's Stub Street (South Portion: Approve O. Sanitary Sewer and Water Main Easement for Lot 5. Block 2 Medimont Subdivision with Falash and Ross: Approve P. Award of Bid for West Ustick Water & Sewer Proiect to Paul Construction: Approve 6. Department Reports: A. Finance Department — Stacy Kilchenmann 1. Finance Report: Presented B. Parks and Recreation Department — Doug Strong 1. Proposal for Heroes Park Construction: Approve C&A Paving $718,944.25 C. Police Department — Chief Musser 1. Update on the K-9 Building with Matt Schultz and Gary Scheihing: Update Presented 2. Introduction of Blitz - new MPD K-9 puppy: Introduced D. Planning and Zoning Department — Anna Canning Meridian City Council Meeting Agenda — August 9, 2005 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 hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. /"1 Discussion of Ada County Application for Cell Tower along Highway 69: Need to Be Annexed 7. Items Moved from Consent Agenda: Nothing 8. Approve 2006 Fiscal Year Tentative Budget: Approve 9. TE 05-008 Request for approval of a one-year time extension to file the final plat for Bridgetower Crossing Subdivision No. 9 with the Ada County Recorder by Engineering Solutions, LLP — south of West McMillan Road between North Ten Mile Road and North Linder Road: Approve 10. FP 05-046 Request for Final Plat approval of 6 commercial office building lots on 4.65 acres in an L -O zone for Verona Subdivision No. 3 by Primeland Development, LLP — northeast corner of McMillan Road and West Milano Drive: Approve 11. FP 05-047 Request for Final Plat approval of 16 building lots and 4 common lots on 34.603 acres in L -O, I -L, and C -G zones for McNelis Subdivision by Falcon Creek, LLC — northwest corner of North Ten Mile Road and West Ustick Road: Approve 12. FP 05-048 Request for Final Plat approval for 8 commercial building lots and 3 common area lots on 4.63 acres in an L -O zone for Wvndstone Place Subdivision by B&F Enterprises —southwest corner of Wells Street and Wells Circle: Approve 13. FP 05-049 Request for Final Plat approval of 10 single-family residential building lots and 2 common lots on 2.48 acres in an R-8 zone for Paramount Subdivision No. 8 by Paramount Development, Inc. — south of Chinden Boulevard and west of Meridian Road: Approve 14. Public Hearing: VAC 05-006 Request for a Vacation of a private road known as E. Herons Crossing Lane and Meridian City sanitary sewer easement for Quenzer Commons Subdivision No. 9 by Brighton Investments, LLC — west of North Locust Grove Road and north of East Ustick Road: Approve / Prepare Resolution 15. Public Hearing: VAC 05-007 Request for a Vacation of a portion of the 10 -foot wide easement centered on the interior common lot line of Lots 1 and 2, Block 2, Olson and Bush Industrial Park Subdivision by Dennis Kelley & Walter Sigmont — 3131 East Lanark Street: Approve / Prepare Resolution Meridian City Council Meeting Agenda — August 9, 2005 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 hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. � eo%� 16. Public Hearing: VAC 05-008 Request for a Vacation of platted utility easements of Lots 16, 17, 21-27, Block 2 of Honor Park Subdivision No. 3 by Franklin / Stratford Investments, LLC — south of East Franklin Road and west of Stratford Drive: Approve / Prepare Resolution 17. Public Hearing: VAC 05-009 Request for a Vacation of the public utility easement on Lot 8, Block 20 of Paramount Subdivision No. 4 by Paramount Development, Inc. — south of Chinden and west of Meridian Road: Approve / Prepare Resolution 18. Public Hearing: AZ 05-020 Request for Annexation and Zoning of 2.3 acres to L -O zone for Ashton Park by David Price — SWC of North Meridian Road and West Ustick Road: Deny Request — Prepare Findings of Fact and Conclusions of Law for Denial 19. Public Hearing: RZ 05-008 Request for a Rezone of 2.61 acres from R- 4 to C -G zone for Walgreens by Hawkins Companies — 3150 West Cherry Lane: Approve Amended Findings of Fact and Conclusions of Law for Approval 20. Public Hearing: CUP 05-029 Request for a Conditional Use Permit for a 14,490 square foot retail pad with dual drive thru for the pharmacy on 2.61 acres in a proposed C -G zone for Walgreens by Hawkins Companies — 3150 West Cherry Lane: Approve Amended Findings of Fact and Conclusions of Law for Approval 21. Public Hearing: AZ 05-024 Request for Annexation and Zoning of 5 acres to L -O zone for Seventh Day Adventist Church by Hawkins Companies — 1735 North Black Cat Road: Continue Public Hearing to September 6, 2005 Meridian City Council Meeting Agenda — August 9, 2005 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 hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN CITY COUNCIL MEETING AGENDA Tuesday, August 9, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll -call Attendance: X Shaun Wardle Christine Donnell Charlie Rountree Keith Bird X_ Mayor Tammy de Weerd 2. Pledge of Allegiance: h y oA iotA,. d'/vlze,J 3. Community Invocation by Pastor Burton Roberts, with Meridian Gospel Tabernacle: I)-rese'."tcC4 4. Adoption of the Agenda: .ver" v -f— 5. Consent Agenda: A. Approve Minutes of May 3, 2005 City Council Special Meeting: -Y+r °V'f— B. Approve Minutes of July 12, 2005 Pre -Council Meeting: a-plarovy— C. Approve Minutes of July 12, 2005 City Council Regular Meeting:rov� D. Sanitary Sewer and Water Main Easement Agreement for Strada Bellissima: a,perovw E. Water Service Easement for Metro Car Wash by EP Crossing, LLC: a 7?,,yvK_ F. Water Service Easement for Metro Car Wash by ABC2. LLC: ow�� G. License Agreement with Nampa and Meridian Irrigation District for Strada Bellissima. LLC: vv" v-&.- H. wH. Black Cat Trunk Sewer and Lift Station Proiect Addendum No. 4 with JUB Enaineers: a)7h,,v e, Meridian City Council Meeting Agenda —August 9, 2005 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 hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. I. Permanent and Temporary Easement Contract for the Black Cat Sewer Project: - J. Change Order No 1 for the Franklin Road Waterline Extension: c��-- K. Approve Transfer of Beer License for Baia Taco for Michael Eddy -1725 West Franklin Road, Suite 120: "r,~ L. Approve Liquor License Transfer from Eddy's to Baia Taco for Michael Eddy -1725 West Franklin Road, Suite 120: aroj?Y^vv --J M. Water Main Easement for Albertson's Stub Street (North Portion)• 101�.r-f- N. Water Main Easement for Albertson's Stub Street (South Portion: Alp" r,-- 0. Sanitary Sewer and Water Main Easement for Lot 5, Block 2 Medimont Subdivision with Falash and Ross: A?,?Yv P. Award of Bid for West Ustick Water & Sewer Project to Paul Construction: A7i?y\"'"- Department Reports: A. Finance Department - Stacy Kilchenmann 1. Finance Report: 4c B. Parks and Recreation Department - Doug Strong 1. Pro osal for Heroes Park Construction: iRVVusser 7181144. C. Police Department - Chief 1. Update on the K-9 Building with Matt Schultz and Gary Scheihing: fide - 2. Introduction of Blitz - new MPD K-9 puppy: /%1 7�vG6ic.C' D. Planning and Zoning Department - Anna Canning 1. Discussion of Ada County Application for Cell Tower along Highway 69: e� 1 4e- anrLcs�cdi 7. Items Moved from Consent Agenda: tw" Meridian City Council Meeting Agenda — August 9, 2005 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 hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. A^ 8. Approve 2006 Fiscal Year Tentative Budget: X7)9-" 11 ` 9. TE 05-008 Request for approval of a one-year time extension to file the final plat for Bridgetower Crossing Subdivision No. 9 with the Ada County Recorder by Engineering Solutions, LLP — south of West McMillan Road between North Ten Mile Road and North Linder Road: 14-/�Nc. 10. FP 05-046 Request for Final Plat approval of 6 commercial office building lots on 4.65 acres in an L -O zone for Verona Subdivision No. 3 by Primeland Development, LLP — northeast comer of McMillan Road and West Milano Drive: a//Wv ve. 11. FP 05-047 Request for Final Plat approval of 16 building lots and 4 common lots on 34.603 acres in L -O, I -L, and C -G zones for McNelis Subdivision by Falcon Creek, LLC — northwest comer of North Ten Mile Road and West Ustick Road: 111121hrw vac. 12. FP 05-048 Request for Final Plat approval for 8 commercial building lots and 3 common area lots on 4.63 acres in an L -O zone for Wvndstone Place Subdivision by B&F Enterprises — southwest comer of Wells Street and Wells Circle: aha vu.. 13. FP 05-049 Request for Final Plat approval of 10 single-family residential building lots and 2 common lots on 2.48 acres in an R-8 zone for Paramount Subdivision No. 8 by Paramount Development, Inc. — south of Chinden Boulevard and west of Meridian Road: r� 14. Public Hearing: VAC 05-006 Request for a Vacation of a private road known as E. Herons Crossing Lane and Meridian City sanitary sewer easement for Quenzer Commons Subdivision No. 9 by Brighton Investments, LLC — west of North Locust Grove Road and north of East Ustick Road: o%prvv - I Arepa t- rero/u-fio>.� 15. Public Hearing: VAC 05-007 Request for a Vacation of a portion of the 10 -foot wide easement centered on the interior common lot line of Lots 1 and 2, Block 2, Olson and Bush Industrial Park Subdivision by Dennis Kelley & Walter Sigmont — 3131 East Lanark Street: 2Pjorov��p�j�� It foci 16. Public Hearing: VAC 06-M Request for a Vacation of platted utility easements of Lots 16, 17, 21-27, Block 2 of Honor Park Subdivision No. 3 by Franklin / Stratford Investments, LLC — south of East Franklin Road and west of Stratford Drive: Gvfprmv� l pnepA c 17. Public Hearing: VAC 05-009 Request for a Vacation of the public utility easement on Lot 8, Block 20 of Paramount Subdivision No. 4 by Meridian City Council Meeting Agenda — August 9, 2005 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 hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Paramount Development, Inc. - south of Chinden and west of Meridian Road: 4,q. -o- 0V+f- / IW'epa"t "jo /4� &;" 18. Public Hearing: AZ 05-020 Request for Annexation and Zoning of 2.3 acres to L -O zone for Ashton Park by David Price - SWC of North Meridian Road and West Ustick Road: deny o -e y�Jf�/Z err cCPir,,��,Z 19. Public Hearing: RZ 05-008 Request for a Rezone of 2.61 acres from R- 4 to C -G zone for Wal -greens by Hawkins Companies - 3150 West Cherry Lane: ul;p�y,o ve- A4v z ,,� -1/f- > el,,( �ov� 20. Public Hearing: CUP 05-029 Request for a Conditional Use Permit for a 14,490 square foot retail pad with dual drive thru for the pharmacy on 2.61 acres in a proposed C -G zone for Walareens by Hawkins Companies - 3150 West Cherry Lane: PC O arr-t�of c,/ -W Iv -p- 21. Public Hearing: AZ 05-024 Request for Annexation and Zoning of 5 acres to L -O zone for Seventh Day Adventist Church by Hawkins Companies -1735 North Black Cat Road: C,:," .,c A1A..l, Cee�r f . `j Zoo 5 - Meridian Meridian City Council Meeting Agenda — August 9, 2005 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 hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. September 2, 2005 MERIDIAN CITY COUNCIL MEETING September 6, 2005 APPLICANT ITEM NO. 5-A REQUEST Approve Minutes of August 9, 2005 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: / CITY PARKS DEPT: ,gyp �/" MERIDIAN SCHOOL DISTRICT: U" 1 ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council Meeting August 9, 2005. The regular meeting of the Meridian City Council was called to order at 7:55 P.M., Tuesday, August 9, 2005, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Charlie Rountree, and Christine Donnell. Others Present: Bill Nary, Will Berg, Ann Canning, Bill Musser, Joe Silva, Len Grady, Doug Strong, Stacy Kilchenmann and Dean Willis. Item 1: Roll -call Attendance: Roll call. X Shaun Wardle X Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Good evening. I will go ahead and call the City Council meeting to order. It is Tuesday, August 9th. It's five after 7:00 and we'd like to welcome you all here. We will start with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Thank you. Item No. 2 is the pledge of allegiance. Tonight we will be led by Officer Stokes. If you will all rise. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Burton Roberts, with Meridian Gospel Tabernacle: De Weerd: Item No. 3 is our community invocation. Tonight we are joined by Pastor Burton Roberts. If you will all join us in the community invocation or take this as an opportunity for a moment of silence. Pastor. Roberts: Let us pray. Most gracious and kind Heavenly Father, we pause tonight to thank you, first of all, for the privileges that we have as citizens of this great land and citizens of Meridian. We ask, Father, tonight that your wisdom and your guidance will be a part of these proceedings. Cause us, Father, to realize that we can rely on you when we need these times of decisions to be made. So, bless this time together tonight and cause our minds to truly want that which is best for our community. We ask these things in Jesus' mighty name, amen. Item 4: Adoption of the Agenda: Meridian City Council August 9, 2005 Page 2 of 58 De Weerd: Thank you, Pastor. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the agenda -- not a revised agenda, by the way. Rountree: Second. Bird: As published. De Weerd: Okay. It's been moved and seconded to adopt the agenda as presented. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of May 3, 2005 City Council Special Meeting: B. Approve Minutes of July 12, 2005 Pre -Council Meeting: C. Approve Minutes of July 12, 2005 City Council Regular Meeting: D. Sanitary Sewer and Water Main Easement Agreement for Strada Bellissima: E. Water Service Easement for Metro Car Wash by EP Crossing, LLC: F. Water Service Easement for Metro Car Wash by ABC2, LLC: G. License Agreement with Nampa and Meridian Irrigation District for Strada Bellissima, LLC: H. Black Cat Trunk Sewer and Lift Station Proiect Addendum No. 4 with JUB Engineers: I. Permanent and Temporary Easement Contract for the Black Cat Sewer Proiect. J. Change Order No 1 for the Franklin Road Waterline Extension. K. Approve Transfer of Beer License for Baia Taco for Michael Eddy —1725 West Franklin Road, Suite 120: Meridian City Council August 9, 2005 Page 3 of 58 L. Approve Liquor License Transfer from Eddy's to Baia Taco for Michael Eddy —1725 West Franklin Road, Suite 120: M. Water Main Easement for Albertson's Stub Street (North Portion): N. Water Main Easement for Albertson's Stub Street (South Portion: O. Sanitary Sewer and Water Main Easement for Lot 5, Block 2 Medimont Subdivision with Falash and Ross: P. Award of Bid for West Ustick Water & Sewer Proiect to Paul Construction: De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda as published and for the Mayor to sign and the clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. Motion to approve the Consent Agenda. Is there any discussion? If not, Mr. Berg? Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Finance Department — Stacy Kilchenmann 1. Finance Report: De Weerd: Thank you. Okay. Item 6 from Department Reports, we will start with our finance department. Stacy. Kilchenmann: Good evening, Mayor, Members of the Council. I gave this report this morning to our finance -- or to our directors and their eyes just glazed over. So, I'm not going to spend very much time on it. We are down to a month and a half left of the P -IN Meridian City Council August 9, 2005 Page 4 of 58 year, although this report is for the first nine months of the year. We are just rapidly cascading down to the finish of another fiscal year, which is hard for us to believe. But nothing is over budget on the expenditure side, other than the amendments and we are going to discuss those in detail next week. I think you have seen all of those, but as far as the rest of our operating expenditure, the personnel expenditures, there is nothing over budget. The Enterprise Fund sales and sewer revenue are almost exactly as we budgeted, just maybe a percentage point off from what we had predicted. The assessment revenue is a great deal higher. If you look at your reports and look at the budget to actual and that's partly by raising the rates through the -- part way through the year and also just the addition -- number of homes that are being connected to the utility lines is just, as you know, astronomical. I don't know if you have seen this already, but I believe it is July set a new record for building permits at over 300. So, that's -- if we look at the comparison on the report of prior years, each month just continues to be a new record breaking month. Then, the General Fund revenue, every quarter I project an end of the year and the projection has remained pretty consistent with the quarter prior to that. It looks like we will be about 950,000 dollars ahead of budget and, again, it's still those same reasons, comparing the property tax number that we initially got from the county when we budgeted is about 500 -- 400,000 dollars less than the number we got from them in October of the current year. And, then, the state revenue sharing was higher than the state originally projected. And as I explained to the department directors this morning, that initial state revenue sharing is projected off the economic forecast that the state does for their session, their legislative session, which starts in January. So, it's earlier than ours. And, then, they go -- they go back and give you another number during the summer and, then -- like they say, it's an estimate what the final number is. So, I guess better to be low than over. So, that money we will appropriate back to our General Fund this year. So, that's -- investments are about the same. Nothing's really changed in the rates. We did open an account with our investment advisor for the park impact fees and because they are coming in more than we spend, we are trying to be a little more aggressive about seeing if we can get a higher interest rate for them. And just continuing to watch the cash flow, trying to push as much money as we can into the state bond fund and a little bit longer term investments. So, that's really all I have, unless there is any questions. De Weerd: Council, any questions? Bird: I have none. De Weerd: Stacy, I guess I want to make sure -- we did meet with ACHD on the purchase of right of way easements with Locust Grove. I'm assuming that that was -- Okay. You will put it cared for -- Kilchenmann: It's already in there. De Weerd: Okay. Also for notation to Council, the 31,000 in cared for work for special services, that is the economic development efforts that -- for projects that we raise funds for this year. If there Is no further questions, thank you, Stacy. I will need a motion. Meridian City Council August 9, 2005 Page 5 of 58 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we accept this '06 proposed budget and have -- and distribute it -- or get it out for public notice; is that not right? Or do we have to do that in the motion? Oh, we have to accept it, then? No.? Rountree: It's just a finance report. Bird: Okay. We don't need a motion, then. So, I withdrawal it. De Weerd: Oh, yeah. I'm sorry. I'm already on Item 8. 1 did want a motion on Item 8. Yeah. B. Parks and Recreation Department — Doug Strong 1. Proposal for Heroes Park Construction: De Weerd: Okay. Item B is the Parks Department. Doug. Strong: Thank you, Madam Mayor, Members of the Council. Before you tonight is a request for approval for construction of the first phase of the green up for Heroes Park, next to the Lochsa Falls development, and just as kind of a recap of what's happened there, we put this project out for bid in May and closed the bids on June 24th with no bids submitted. So, we went back to the contracting companies that expressed interest in the project and talked to each of them to see if they put together a proposal to do the work at the park and we discovered that the reason that they didn't submit the bits was that they are so busy with other work that they just didn't have time to finish them. So, we did get a positive response from C&A Paving and we have been working on this project with Stanley Consultants to get some final numbers of what we could look -- what we would be looking at for completion of the green up of that park, which we have discussed just a couple of weeks ago and we are looking at the expenditure of the additional impact fee dollars. So, the numbers that were presented then was based on this bid that I have before you tonight from C&A Paving to do the work. So, with the money that we currently have in the budget, plus the additional dollars that you approved a couple of weeks ago to do the project that totals the amount that's proposed in this bid. So, with that I would answer any questions and request your approval of this request. De Weerd: Thank you, Doug. Council, any discussion? Questions? Thank you. Donnell: Do we need a motion on this one? De Weerd: Yes. Meridian Meridian City Council August 9, 2005 Page 6 of 58 Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'd like to make a motion that we approve the proposal for Heroes Park construction, accept the bid, to complete the greening of the park. Rountree: Second. De Weerd: Okay. The motion is to approve Item 6-B. Is there any further discussion? Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. C. Police Department — Chief Musser 1. Update on the K-9 Building with Matt Schultz and Gary Scheihing: 2. Introduction of Blitz - new MPD K-9 puppy: De Weerd: Thank you. The Police Department, Chief Musser. Musser: Madam Mayor, Members of the Council, this evening I would like to introduce Matt Schultz and Officer Gary Scheihing to you. They have been instrumental in working on our community project in terms of our K9 building located down at the police department site. And with that I'm going to turn over the floor to Matt and Gary. De Weerd: Thank you for joining us this evening. Schultz: Thank you, Mayor and Council. My name is Matt Schultz, I'm vice-president of land development for Hubble Homes and it's been a while ago and Mr. Bird was giving me grief about how long it's been since we started looking at this project. I think it was last fall before -- explain how we had just been approached by Mr. Scheihing and we are pretty easy when he flashes his badge and his guns to cooperate, to help out with a really worthwhile effort to get a K9 training facility. We had a sketch from our architect that we kind of picked up and ran with and asked, you know, can you help, I says, well, do you know what you want, yeah, kind of. So, I started out with let's get you some plans, let's get the location, let's get some build -able documents that we can take out and see how many donations we can really get from everybody that really works on one of these buildings, which is a lot of different subcontractors, engineers, surveyors, and really let this thing out to the community to participate in more of a community participation effort, let's see how it ends up. And I think it's been about nine months ago Meridian City Council ` August 9, 2005 Page 7 of 58 that we started this and we are now asking for donations on engineering and things like that. It comes, it just is a little slower and we did get it and what we have today -- I believe I was just told that we did submit to the building department for a permit on a facility that as it stands today is -- from what we can tell, about a 300,000 dollar facility. I just put the little sketch up where it's located. It's located just on the southwest corner of -- kind of the back parking lot of the Meridian police facility on some vacant land that the city purchased five or six years ago for the new -- I call it new, it's relatively -- it's getting older now, but the police station. The concept being that we do a facility -- if you could flip to the next page, please. A facility that's about 3,800 square feet. It's a little bigger than what we first started with, but by the time everybody got their wants and needs in there, there is two garages, if you will -- I think one's a training room and one is an -- one is a -- see what they call it. Yeah, an evidence room, so where they can pull in vehicles in inclement weather and do their searches of vehicles and things like that. The other room could be a training room. All air-conditioned. There is the kennel facility over there on the left that I think about 14 kennels will be in there. In between there is an office, a dog wash area, a restroom. Then, up in the corner there is another restroom that's only accessible from the outside and that's going to be connected to an outside long-term off -leash agility park and training area, so the public can still access that and still be secure. So, we -- it took awhile to kind of get all those things down on paper and get the architect and the engineers and everybody up on board, but I think we are pretty confident that this is the facility that needs to be built. We -- if I could pass out a summary sheet of the people that have participated to date and kind of where we think we are financially and pass it around here. One for me. Sorry. I will give it to you after. As I said, we think it's about total cost to put this out as a city project on the street to have a surveyor, an engineer, all the mechanical, electrical engineers do the design and, then, get it all the way down to -- it's about 17,000 dollars to date that we have found and contributed in-kind work from the list of architects, Houston and Bugatsch, the surveyor was Idaho Survey Group, civil engineer was Stanley Consultant, which we just heard was working on one of your parks. Structural engineer is Briggs Engineering. Elk Horn Engineering. Electrical engineering DC Engineers. Then, Falash and Ross, Bob Ross, was very instrumental in helping to just kind of see this thing through. You know, we are homebuilders, this is more of a commercial facility, and I thought of him first as a guy that would be really good at this and his office is right around the corner from this location. And, then, of course, Gary Scheihing has just been a dynamo in going out and contacting everybody and their brother about helping out on this and has just been really good about getting it -- just pushing it forward and all I have done is kind of just sit back and just kind of push things different directions and get everybody together. We think we have got about 17,000 worth of effort into it right now. We really think Officer Scheihing and some our subs have come up with about 108,000 dollars worth of donations, looking forward, which is -- as I think about that, the number is quite significant, hope we are right on that. But we have asked and double-checked and triple -checked and we think we are real solid on that number. It still leaves approximately 120,000 dollars, which is a pretty good number for that type of facility. At Hubble Homes one of our core values is to give back in the communities we serve in or we live -- I live in Meridian, our office is in Meridian. And we set aside our money that otherwise we would profit to give back to the communities we work in and Meridian is Meridian City Council August 9, 2005 Page 8 of 58 definitely one that we want to do that for. So, we have stepped up and said, hey, let's split that, that 120, and that would go to pay -- you know, one of the contractors said, hey, look, we will give you 20 percent off, you know, so that still leaves 80 percent needs to be covered. And there is just some people -- and we understand that, you know, they have got to cover their bills and pay their gas and we don't expect everybody to be able to contribute a hundred percent. So, we just appreciate all the support and the opportunity to participate and it's taken awhile, we do need to get going on it. One last thing of business, though, we have -- it's kind of a unique project in that there is a lot of different players in it, giving different amounts of time and work and money and I probably need to sit down with your attorney Mr. Nary and make sure we are all on the up and up on insurance and, you know, procedure for how we see this thing starting and finishing, just to protect all of our best interests in doing this job. I guess with that, we are just here to ask for your support as a Council. I know budgets are tight and things are probably already allocated, but if there is any way the city could come up with -- what we are saying today is about 60,000 dollars, I think we can have ourself a nice facility, if not late this fall, early next spring or over the winter. Our goal is to get a roof on it before it gets cold and, then, let the inside get done over the winter, but we will see if we can pull that off still. De Weerd: Well, before I broke the suspense, we wanted to hear the pitch, before we told you it is in the proposed budget for -- starting October. So, Council did fund that and after our Public Hearing, if it -- if there is no one that comes and says you can't do that, it should have the green light to go forward. And, Officer Scheihing, I know the effort you have put into this facility. Very much appreciated. You're -- I know I have heard you have been having fun with it. If you can come to the -- Scheihing: The neat thing about it is the police department's come up with some real friends through the contacts that I have made, we have been talking to companies and people like that and it's just great now -- you know, we talk about community policing and I know that the chief really hits about that, but we have got some real partners out there in the community now that want to support us on this big time. The other thing that, you know, that's worst case scenario. We are not going to quit raising money and we are not going to quit going after people. We are going to do that right up to the end. In fact, this week alone we tied up the people to do all the landscaping for us, which when we talked with Elroy Huff and that's going to get done at no cost to the city or to -- I mean they are going to take care of that for us. But if anybody wants to buy us a tree, we do need some more trees, so -- but the rest of it's all going to get taken care of. But thank you. De Weerd: No. Thank you. We know we need to keep you busy with these projects to keep your mind off of, you know, any other opportunity. Scheihing: My last one. De Weerd: No. We will find another one, Gary. r--. Meridian City Council August 9, 2005 Page 9 of 58 Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I just want to say I was giving Matt a bad time about getting it done, but I appreciate all the work Matt and Gary has done out there, you know. This is -- this is what makes us the community that we are is by doing stuff like this and I certainly as a taxpayer appreciate all the businesses that have stepped forward to donate their time, their product, and everything and I certainly appreciate you guys' time that you have spent on it. I appreciate it very much. And I know Matt's got other work to do, but I appreciate the time you have taken, Matt. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I'd echo what Councilman Bird said. Thank you both very much and express our appreciation to the rest of the folks you work with and not to steal your thunder or your stage, but I want to see that new pup. De Weerd: This is my agenda. Donnell: Special thanks to Hubble Homes. Bird: There is little Tiko. Rountree: Is this Tiko's pup? (Various comments regarding the pup.) Bird: Madam Mayor, could I ask Gary one question before he gets done? De Weerd: Yes. Mr. Bird. Bird: On this facility are we going to have some training grounds for these dogs? Scheihing: The very front part of the first one -- can you go back to that first -- the first slide. North of the building, that whole field out there between the ditch and the fence, is going to be a training ground and that's where we have talked to Green City Landscaping -- right north of the building there is a ditch comes off to the side like this and, then, the fence goes straight. That whole area we are going to landscape and Blue Diamond Turf has give us the turf and everything, so that's all going to be a training field out there. Bird: That is -- we are going to have a training field. Meridian City Council August 9, 2005 Page 10 of 58 Scheihing: And, then, you know, the Shitzu clubs and all that have contacted me about using that. They use the city parks now, which kind of worries me and now getting over there to that and they are willing to help us put the field together and make -- so, yeah, it's going to be pretty neat. Bird: Great. Fantastic. Scheihing: Thank you. Bird: Thank you. De Weerd: Thank you, Officer Scheihing. Thank you, chief. Musser: You're welcome, ma'am. D. Planning and Zoning Department — Anna Canning 1. Discussion of Ada County Application for Cell Tower along Highway 69: De Weerd: Okay. Item D is the Planning and Zoning Department report from Anna. Canning: Madam Mayor, Members of the Council. I am bringing something before you today, not for consideration as to whether or not you want to approve it, but whether or not you want it to be processed in the City of Meridian or processed through Ada County. The property is located where the veterinary clinic is at the corner of Edmonds and Meridian Road and what they want to do is put a cell tower site in the northeast corner of the property. You recently approved the property to the north for annexation. And also the property across the street is a part of the city. So, it is contiguous to the city limits and could be annexed. The way your agreement with the area -- the area of city impact agreement with the Ada County states is that in order to do this type of development for a Conditional Use Permit, they need to be denied annexation. So, the question tonight is if you want a 65 foot mono pole to be processed through City of Meridian or through Ada County. They will be required to annex the property, the whole site, to be processed through the City of Meridian. De Weerd: Council, any questions? Donnell: Yes, Madam Mayor? De Weerd: Yes, Mrs. Donnell. Donnell: So, Anna, what are the pros and cons of whether it's processed through the city or through Ada County? ,^Ik Meridian City Council August 9, 2005 Page 11 of 58 Canning: Ada County has fairly extensive requirements for their communications facilities. I haven't compared them exactly. It is lengthy, though. I have worked with them before. I don't think they have quite as much for the stealth requirements, but this isn't going to be a stealth facility anyway. So, the benefits would be it would be part of the city, the rest of the site, we would probably have to be do some sort of development agreement on or figure out how you wanted to treat the rest of the property, because they are not ready to bring it forward at this time. But we can give you authority to review that and if you didn't like it there, to not approve it. It's just a -- strictly a control issue, ma'am. Donnell: Yeah. I love control. De Weerd: Any other questions? Donnell: No. Just a comment, Madam Mayor. De Weerd: Okay. Donnell: It doesn't seem like it is any really huge issue. I think it probably ought to be into the city's control. Once, again, I like control, but just as an aside, we were taking a drive out toward Kuna last evening and it's amazing to me the number of cell towers that you see, if, in fact, you see them at all. They have become such a part of our environment that I think often they are not even noticed. So, that's just a comment on cell towers. So, Cingular -- and one more question. So, Anna, Cingular Wireless are requesting that it be handled by the city, rather than the county? Canning: The whole story is they brought in this -- it won't take me very long, I promise. They did bring in the conditional use application, staff looked it and said, well, this is fine, except for one problem, you're not in the city, so we need an annexation request. They came back and said, well, the property owner is not quite ready to annex, so we are going to take it to Ada County and I said, whoa, wait a minute, you've got to get that approved first if you want go to Ada County. Well, you need to get permission from City Council to take it to Ada County. De Weerd: Okay. Any further comments or discussion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Maybe I missed it, but, Anna, what are we talking about annexing, just that little piece there? As I went through your statement -- Canning: Well, typically, we would ask for the whole property to come in. Bird: That's what I'm saying. /N Meridian City Council August 9, 2005 Page 12 of 58 Canning: The one to the north, I don't think they have submitted their -- I don't think we have done the ordinance yet, so I'm not sure that they could just annex that little corner. That might -- that would be a possibility once this property is annexed, you could just annex that little corner, but typically we would ask the whole property to come in. Bird: Follow-up, Mayor? Well, Anna, you just got through telling us that the owners of the property, regardless of what Cingular wants or doesn't want, don't want to come in the city right now; is that right? Canning: They have consulted us about -- through pre -apps and so they are very close. I think it was just the exact right now question and this may now -- this may be enough incentive that they want to come in now. We have done at least two pre -apps with them on subdivision of the property. Bird: And they would be the ones that would have to come forward for a request for annexation, Wireless Cingular. Canning: It would have to have their consent, yes. Donnell: It's their property. Canning: I guess, Madam Mayor, Members of the Council, I guess if you wanted to provide direction on whether you wanted the whole property to come in or just the lease site to come in, we could probably work with just the lease site once the property to the north got annexed, if that's what you want. Bird: I, for one, right now, without hearing anymore, would not be in favor of that. Canning: Okay. Bird: I want the whole property or nothing. Canning: Just let me know. I probably will need a vote of some sort, so let me know. De Weerd: Well, certainly, it sounds like Council would like the whole property in and that would be the preference, but, then, I wouldn't want them going forward to the county to build it regardless. We don't want to create an enclave and so there needs to be something tied to that, that if they -- if they cannot get that whole piece to move forward, that there would be a statement from the city that we would not support a facility unless it was annexed. Canning: Okay. If that's -- if that's the way -- if you could make that clear in the motion before you, take a vote, that would be great. De Weerd: Okay. Is there any further discussion? Do I have a motion? Meridian City Council August 9, 2005 Page 13 of 58 Donnell: Well, Madam Mayor, I'll attempt this. I'd like to make a motion that we direct staff to indicate to Cingular Wireless or however, that the City Council would prefer that -- or would request that the property -- the entire parcel be annexed to the city or that they proceed with those -- oh, this is going to be a really good motion. Okedoke. Don't you record this now. Let's start over. Strike out -- okay. That we direct staff to inform Cingular Wireless that the entire parcel would need to be annexed and that we would not accept just the parcel of which the tower would sit on as being controlled by Ada County. Oh, my word. See, I should never have tried that. Bird: You did fine, Christine. Rountree: Are you done? Donnell: I think so. Rountree: I second that. Donnell: Oh, thanks. De Weerd: It sounds like the motion would be that the City Council would consider an application if the entire site were annexed and would be opposed to supporting it at the county level without that condition. Donnell: I second that. De Weerd: Okay. Rountree: Second agrees. Donnell: Make sure that that's the way it comes out in the written report. De Weerd: Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: De Weerd: Thank you. There were no items moved from the Consent Agenda. Item 8: Approve 2006 Fiscal Year Tentative Budget: De Weerd: So, Item No. 8, 1 have already talked about, so I would entertain a motion. ma Meridian City Council August 9, 2005 Page 14 of 58 W Bird: I'll make a motion. Madam Mayor, I move that we approve the proposed 2006 fiscal year tentative budget and publish it for Public Hearing. De Weerd: Do I have a second? Donnell: Second. De Weerd: Okay. Discussion? Okay. Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 9: TE 05-008 Request for approval of a one-year time extension to file the final plat for Bridgetower Crossing Subdivision No. 9 with the Ada County Recorder by Engineering Solutions, LLP — south of West McMillan Road between North Ten Mile Road and North Linder Road: Item 10: FP 05-046 Request for Final Plat approval of 6 commercial office building lots on 4.65 acres in an L -O zone for Verona Subdivision No. 3 by Primeland Development, LLP — northeast corner of McMillan Road and West Milano Drive: Item 11: FP 05-047 Request for Final Plat approval of 16 building lots and 4 common lots on 34.603 acres in L -O, I -L, and C -G zones for McNelis Subdivision by Falcon Creek, LLC — northwest corner of North Ten Mile Road and West Ustick Road: Item 12: FP 05-048 Request for Final Plat approval for 8 commercial building lots and 3 common area lots on 4.63 acres in an L -O zone for Wyndstone Place Subdivision by B&F Enterprises — southwest corner of Wells Street and Wells Circle: Item 13: FP 05-049 Request for Final Plat approval of 10 single-family residential building lots and 2 common lots on 2.48 acres in an R-8 zone for Paramount Subdivision No. 8 by Paramount Development, Inc. — south of Chinden Boulevard and west of Meridian Road: De Weerd: Thank you. And thank you, Stacy, again, to your staff for such a seamless process on this. We appreciate all your work. Okay. Items 9, 10 -- Anna, I believe Item 11 has questions to it; is that correct? Canning: No, Madam Mayor. It does not. We got those resolved. De Weerd: Okay. So, Items 9, 10, 11, 12 and 13, 1 would consider a motion by Council to approve these items. /1 Meridian City Council August 9, 2005 Page 15 of 58 Rountree: So moved. Wardle: Second. De Weerd: Okay. Council has moved to approve Items 9 through 13. Is there any discussion? Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Mr. Nary, I have a procedural question on Items 14 through 17, staff has all the information needed for the vacation. If I -- should I open these items for the Public Hearing, accept any comment, and do those all at once? Nary: Madam Mayor, I think -- since I don't anticipate anybody else to be here in opposition, you could certainly open all the public hearings. If someone is here offer testimony, we could, then, take them separately, if that's — Item 14: Public Hearing: VAC 05-006 Request for a Vacation of a private road known as E. Herons Crossing Lane and Meridian City sanitary sewer easement for Quenzer Commons Subdivision No. 9 by Brighton Investments, LLC — west of North Locust Grove Road and north of East Ustick Road: Item 15: Public Hearing: VAC 05-007 Request for a Vacation of a portion of the 10 -foot wide easement centered on the interior common lot line of Lots 1 and 2, Block 2, Olson and Bush Industrial Park Subdivision by Dennis Kelley & Walter Sigmont — 3131 East Lanark Street: Item 16: Public Hearing: VAC 05-008 Request for a Vacation of platted utility easements of Lots 16, 17, 21-27, Block 2 of Honor Park Subdivision No. 3 by Franklin / Stratford Investments, LLC — south of East Franklin Road and west of Stratford Drive: Item 17: Public Hearing: VAC 05-009 Request for a Vacation of the public utility easement on Lot 8, Block 20 of Paramount Subdivision No. 4 by Paramount Development, Inc. — south of Chinden and west of Meridian Road: De Weerd: Okay. Thank you. Okay. I will open up the public hearings on Items 14, 15, 16 and 17 on VAC 05-006, VAC 05-007, VAC 05-008, and VAC 05-009. 1 will open these public hearings and start with the staff comments. /-1 Meridian City Council August 9, 2005 Page 16 of 58 Canning: Madam Mayor, Members of the Council, staff has satisfied themselves that they have all the required relinquishments for these vacations and is recommending approval. De Weerd: Okay. Is there anyone here tonight who would like to provide testimony on any of these applications? Okay. Hearing none -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close public hearings 14, 15, 16, and 17. Rountree: Second. De Weerd: Okay. The motion is to close the public hearings on Items 14 through 17. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve and bring forward resolutions on VAC 05-006, VAC 05- 007, VAC 05-008, and VAC 05-009. Rountree: Second. De Weerd: Okay. The motion is to approve Items 14 through 17. Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 18: Public Hearing: AZ 05-020 Request for Annexation and Zoning of 2.3 acres to L -O zone for Ashton Park by David Price — SWC of North Meridian Road and West Ustick Road: De Weerd: Well, now that we have gone through our housekeeping, Public Hearing on Item 18 is AZ 05-020. 1 will open this Public Hearing with staff comments. Canning: I have to catch up. Sorry. Madam Mayor, Members of the Council, the item before you tonight for Ashtyn Park is a reconsideration of their request for annexation and zoning. The property is -- to refresh your memory, is located at the corner of Ustick Meridian City Council August 9, 2005 Page 17 of 58 and Meridian on the southwest corner. It's 2.9 acres in size and they are requesting L- O zoning. It's currently designated as partly residential and partly public, quasi -public on the Comprehensive Plan. Staff did feel it was consistent with the allowance to let it go to light office for that public, quasi -public designation. Also, the question came up -- they had a couple different site plans that were included as options in the development agreement. They totaled about 28,500 square feet, with up to six buildings. Each of them had six buildings. The Planning and Zoning Commission did recommend approval at the June 2nd hearing. At your hearing the key issues of the discussion were vehicular access and cross -access with the church to the west, the alignment with the -- at the entrance with the existing street on the east side of Meridian Road, and future uses, specifically office and clinic uses only. And that there was one other exception and was for possibly for a child care facility, with conditional use approval. The hours of operation, as recommended by the Commission, are limited from -- from 6:00 a.m. to 10:00 p.m. Again, this is a matter for reconsideration. There was a lot of confusion at the first hearing. I think the applicant now is confident that he is in agreement with the conditions of approval as put forth by the Planning and Zoning Commission. He was asking for some exceptions and I think that that caused a great deal of confusion that night, but he now is -- understands the process a little better and wants to move forward with the conditions of approval as recommended by the Planning and Zoning Commission. De Weerd: Okay. Any further comment from staff? Canning: No. Other Mr. Price doesn't seem to be here. I don't know if -- De Weerd: Okay. Do you have questions for staff at this time? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Anna, did we get any elevations, any indication of what this might look like? Canning: No. We have not received anything -- additional information since your last hearing. Rountree: Thank you. De Weerd: I guess, Anna, some of the concerns were the elevations, the access to Meridian Road, and if it was too close to the corner. There were fencing questions or testimony had, items brought up on the fencing, so none of those items have been addressed? Canning: Madam Mayor, the access point is that as decided by ACHD, because it does line up with the street across -- the one across the street. So, I don't think that that was an outstanding issue for ACHD or staff. /\ Meridian City Council August 9, 2005 Page 18 of 58 De Weerd: No. It wasn't for staff or ACRD, it was a concern for Council, because it was so close to an extremely busy intersection and anyone wanting to turn left out of there, especially with a left-hand stop sign turn, it -- it was discussed at that time it just appeared to be a disaster waiting to happen. Canning: And there is a -- ACHD has reserved the right to make that a right -in, right -out only and that's where the cross -access with the church to the west became so important, because they would only be able to -- if ACHD makes that requirement due to safety concerns, then, they will have to be able to go out through the church property. There wasn't an option from ACHD to move this driveway. So, if there is -- if the Council doesn't want -- if you don't want that driveway there, then -- I don't know. Maybe the first -- maybe the reconsideration isn't necessary, I guess, if that was your major concern, but the applicant has not come back with anything. He's basically said I agree with what P&Z -- Planning and Zoning Commission recommended approval of. He has not come back with elevations. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Anna, I agree with the Mayor and I go one step farther. That is so close that anybody making -- going into the turn lane to the left coming north on Meridian is going to be right in the same place you're going to turn in on this deal. I could buy a right -in, right -out, but that wasn't one of the conditions, as I recall, was it? Canning: It was an option that ACHD reserved the right to enforce in the future. If Mr. Inselman is still here, I think that -- I think that you are able to make that a condition of approval and they will work with that. Bird: Yeah. Not only that, but other stuff. But that would be the only way I would definitely be an affirmative vote is if that was right -in and right -out and, then, I have also got some questions of left crossing -- you're not far away from -- Ustick Road from the section that -- the church entry and exit and you throw some more cars over there, you're -- I don't know. It -- the traffic worries me to a degree. Canning: The cross -access agreement, it was intended that it would work with the access that the church currently has. I think you can see it there. Bird: I'd almost make you a bet that there isn't much difference between the access on Meridian Road and what there is from the corner on the church. It's on the very east side of the church, the access? Canning: Yeah. It's right there. De Weerd: Any further questions from Council at this point? Meridian City Council August 9, 2005 Page 19 of 58 Donnell: Uh-huh. De Weerd: Yes, Mrs. Donnell. Donnell: Madam Mayor, I'm still trying to resolve in my mind why this is any different in terms of a conceptual plan being presented to the Council without elevations, than what we approved a week or two ago on the church at Ten Mile and Franklin. They brought no elevations forward. It was strictly a conceptual plan. So, help me understand what the difference is between this request and that request. Canning: Madam Mayor, Members of the Council, there is not -- Donnell: There is no difference. De Weerd: Okay. Any other questions? This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. Council, I guess we have two options. You can choose to close the Public Hearing and consider a motion at this time or you can continue this to the end of our agenda in the hopes that the applicant would join us. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'm sure that the applicant felt like everything that he needed to say he said in the letter that was submitted, which I'm sure that we have read. De Weerd: Okay. Well, I would look for your direction and how you want to proceed. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'd go along with Christine, that I think he isn't here, because he felt the letter was the deal and I'm for going ahead and either passing it on or denying it. So, I would move that we close the Public Hearing on AZ 05-020. Donnell: Second. De Weerd: Okay. The motion is to close the Public Hearing on Item 18. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Discussion or do I have a motion? /N Meridian City Council August 9, 2005 Page 20 of 58 /'s Donnell: Well, Madam Mayor, I'll make the motion that we approve the request for annexation and zoning to an L -O for Ashtyn Park on the southwest corner of North Meridian Road and West Ustick Road. De Weerd: Do I have a second? Bird: If the motion maker would add the right -in and right -out on Meridian Road, I would second it. Donnell: The motion maker will add the right -in and right -out on Meridian Road. Bird: As a condition of approval. Donnell: As a condition of approval. Bird: I will second it. De Weerd: Okay. The motion is to approve. I believe there are a couple of outstanding issues as well in terms of hours of operation, should a child care facility be allowed. Donnell: And lighting. De Weerd: The lighting. Cross -access. So -- Wardle: Are we in the discussion phase? De Weerd: Yes. Wardle: Madam Mayor, discussion about approving the reconsideration. My recollection of this project was that the end of the discussion it became very procedural with the applicant, assuming that there was a zoning for the property and requesting that and being very adamant about, when the procedure of that was not available to the applicant and didn't spend any time, apparently, in the past several weeks addressing my issues, which were things such as what is the project going to look like, we still have a conceptual plan, we don't have a fencing plan. I don't see that there was another neighborhood meeting to resolve any of those issues. And there is still too many questions in my mind for -- for this reconsideration. De Weerd: Okay. Is there any further discussion? Donnell: Madam Mayor? De Weerd: Yes, Mrs. Donnell. Meridian City Council August 9, 2005 Page 21 of 58 Donnell: Once again, I ask that same question. We did not see any of those same kinds of issues addressed for the conceptual plan with the church on Franklin and Meridian Road. So, I'm again asking what the difference would be. I mean they all have to go through a process of meeting whatever requirements are laid out by staff; is that right, Anna? I mean either way, they have to meet all requirements that come forward by staff. Canning: Yes, ma'am. And the -- just to clarify, the only difference would be on the Ten Mile and Franklin church we anticipated that that would come in for a certificate of zoning compliance approval and, then -- because they weren't looking at additional lots. This one we are anticipating additional lots to be consistent with that concept plan, they'll have to come in with a preliminary plat. You can address the fencing issues at that time and the hours of operation, though, if you want to limit the hours of operation, this is the opportunity to do that, because under the new code many of those uses will be principally allowed in that zone. But the current conditions of approval do limit the hours of operation from 6:00 a.m. to 10:00 p.m. The fencing issues could be addressed later, as well as they will have to meet all the new standards for lighting in the UDC. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Anna, wasn't there a condition in the Planning and Zoning on hours; right? Canning: Yes. That was the 6:00 a.m. to 10:00 p.m. Bird: And Councilwoman Donnell, I wish that church on Ten Mile and Franklin was the only ones that we have never seen elevations on, but I hate to tell you we have passed a lot of them without. Donnell: Exactly. So, we seem to pick and choose. Bird: What? Donnell: We seem to pick and choose. Bird: We have been known to do that. De Weerd: Having not been a participant in the discussion on the church, since I abstained from that, I think there is very notable difference and that is we had public testimony on this. There was concern about what it would look like by the neighbors and those issues were raised and they were points of discussion. And because of the proximity of homes and the possible impact to them, on this item, it does, to me, separate it, then, at the church that would be surrounded by conditional or commercial and industrial uses and a storage facility and that sort of thing. It is -- it is different. We ma Meridian City Council August 9, 2005 Page 22 of 58 no did not get any public testimony in opposition or in question of it as well. So, I guess that would be my editorial comment for the night. Is there any further discussion? Rountree: I think it's all been said. De Weerd: Okay. Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, nay; Wardle, nay; Donnell, yea. Berg: There is a tie, so Mayor de Weerd. De Weerd: Nay. MOTION FAILED: TWO AYES. TWO NAYS. MAYOR NAY. De Weerd: And, again, it would be for the information that was requested, as Councilman Wardle had indicated, that it was the lack of that information that determined my vote. Berg: Madam Mayor, that motion did not pass, so I guess we are entertaining another motion. De Weerd: Yeah. We do need another motion. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: If can ask Mr. Nary a question procedurally. Do we need specific reasons to deny a re -consideration? Nary: Madam Mayor, Members of the Council, Councilmember Wardle, actually, what you -- you have before you is you have already granted reconsideration, so what -- by setting it for this hearing. So, if you wish to deny this project, you do not have to give reasons under Idaho Code to not grant an annexation. The only requirement that's required in the code is that it not be in the interest of the city at this time. If you want to add other reasons, you're certainly welcome to do that, but the order you will see will only say it's not in the interest of the city at this time. If you want to add that to the record, you certainly can. Does that answer your question? Wardle: It does. Canning: Madam Mayor, Members of the Council, the applicant is now here. Rountree: So, what's the second motion? J'4 - Meridian City Council August 9, 2005 Page 23 of 58 ^-1k Nary: You do need to have a motion. You don't have any -- any conclusive action. So, if you're going to deny it, you would have to have a motion to deny it. All you have had is a motion to approve it and that was denied. De Weerd: No. We do not need a motion. Nary: If you wish to deny the project, which your prior vote indicated -- unless Councilman Rountree has got -- Rountree: I think I have figured out where you're going. Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we deny the request for annexation for Item No. 18. Wardle: Second. De Weerd: Okay. I have a motion to deny the request on Item 18. Is there any discussion? Canning: Would that include directing staff to prepare new findings? Rountree: Yes. Canning: Thank you. De Weerd: Okay. Mr. Berg. Roll -Call: Bird, nay; Rountree, yea; Wardle, yea; Donnell, nay. Berg: And, Madam de Weerd, tie-breaker. De Weerd: Yea. MOTION CARRIED: TWO AYES. TWO NAYS. MAYOR AYE. Item 19: Public Hearing: RZ 05-008 Request for a Rezone of 2.61 acres from R-4 to C -G zone for Walgreens by Hawkins Companies — 3150 West Cherry Lane: Item 20: Public Hearing: CUP 05-029 Request for a Conditional Use Permit for a 14,490 square foot retail pad with dual drive thru for the pharmacy on 2.61 acres in a proposed C -G zone for Walgreens by Hawkins Companies — 3150 West Cherry Lane: sem. Meridian City Council _ August 9, 2005 Page 24 of 58 De Weerd: Okay. Items 19 and 20 are public hearings on RZ 05-008 and CUP 05-029. 1 will open these two public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this first project is Walgreens. I call it the first project. I'm sorry. It is tied to the item agenda following it is what I meant, but this request is for a rezone of 2.61 acres from R-4 to R -- to C -G. I'm sorry. It's located at 3150 West Cherry Lane, which is at the northeast corner of Ten Mile and Cherry Lane and it's the current site of the Seventh-Day Adventist Church. Here is the church facility, as you can see. And this is the proposed site for the Walgreens. This is a rezone and a Conditional Use Permit request. The rezone I explained before. The Conditional Use Permit is for two -- a dual drive-thru facility for the pharmacy associated with Walgreens and the Walgreens structure would be 14,490 square foot retail. The Conditional Use Permit is just for the drive-thru facilities. The Comprehensive Plan designation for this property is public, quasi -public, recognizing the fact that there was a church on the property. However, the text amendment done with Resolution 04-454, addressed the redevelopment of these properties and it says in considering the redevelopment of properties such as this, it should be guided by the intensity of the existing use, which is a church; the underlying zone designation, which is currently R-4; the surrounding land uses -- there are all R-4 all on the north side of Cherry. On the south side of Cherry you have L -O and neighborhood commercial. And, then, the location of the property, that would seem to be the driving factor on this one. It is at the intersection of two arterial streets, those being Ten Mile and Cherry Lane. And, then, the transportation issues associated with the proposed development, I think ACHD has adequately addressed those. So, this is the site. There is an entrance off of West Cherry and, then, a shared entrance off of Ten Mile Road that did become the major topic of discussion. I want to show you the elevations first. These are the elevations. This would be facing Ten Mile, I believe, and this is facing Cherry. And, then, this is -- along the side there is the drive-thru window and, then, that would be the view from the properties to the north. The Planning and Zoning Commission has recommended approval with the conditions. The key issues of discussion were the proposed driveway, the shared driveway along Ten Mile, and the applicant needed to obtain consent from the two property owners they were sharing the driveway with. That was Mr. White and Mr. Vance. The hours of operation were again a discussion. The Planning and Zoning Commission decided to limit those hours from 6:00 to 11:00 p.m. And, then, the other issue was the screening and fencing of adjacent properties, particularly those to the north were the most concerned. Mr. White wanted a four -foot -- or he wanted a six-foot painted fence. Mr. Vance wanted a four -foot CMU wall, which has been incorporated into this landscape. As I have alluded to, the outstanding issue before the Council tonight was -- which we think we have got resolved, but it was regarding this shared access. They have met with those two property owners and they did have a cross - access easement that goes to about this location here. So, they would improve this first part of the driveway, leaving the rest of it unimproved to discourage people from going back to the Vance property and the White property. There is also a city well lot located at the rear here. And the other things they negotiated were the fence and, then, the concrete block wall and they did submit a new site plan to us and you can see kind of how that line is heavier there. That's where the wall would be and you can see the kind /"\ Meridian City Council August 9, 2005 Page 25 of 58 of little heavier one here, that's where the fence would be. The owner seemed to be in agreement with this, but it is not what's in the P&Z recommendation. So, if Council wants to approve this, you need mention the new site plan, which I need to look at the date. I'm sorry. I'll have that for you in a moment. The other item that needs to be changed is that condition number three currently says a 16 -foot wide buffer. It would need to be changed to nine -foot wide buffer. And that's this buffer right here. And, then, needs to be amended to reflect the new site plan date and I will look that up, but -- Bird: 7/26. Canning: Thank you. With that I'll answer any other questions you have. De Weerd: Okay. Council, any questions at this time? Bird: I have none, Mayor. De Weerd: Okay. Hearing none, is the applicant here? If you will, please, state your name and address for the record. Aguilar: Good evening, Madam Mayor, Members of the Council. My name is Jessica Aguilar with Hawkins Companies, 8645 West Franklin Road, Boise, Idaho. I think Anna did an excellent presentation of the issues that were brought up at the P&Z meeting and I will just restate them quickly. We've added the six-foot fence to the north adjacent to the White property. Per Mr. Vance's request we've asked for a reduction in the landscape buffer there to the north. He was concerned about access to his driveway, vehicles being able to back in and out. So, we reduced that buffer, so we have plenty of room. Our original intent was to pave that entire driveway to the city well lot, but Mr. Vance asked us if we could just pave approximately to -- to about right there. His concern was if we paved it the entire way it would encourage traffic to potentially go back there and see what's going on, so he asked us not to pave that. Also that wasn't mentioned is we could put in a six foot CMU fence along here as well. There is currently a wood fence there and we will take that down and put in a block fence there as well. I will be happy to -- oh, let me make -- let me add that this is actually a flag lot right here for Ed Vance and -- maybe this pointer needs new batteries or something. That's a flag lot there to the Vance property. Technically, we are not encroaching on the White property, so we did get an easement -- cross -access agreement with Mr. Vance there and we have that in place. It's actually an escrow, so once we have technically acquired the property, it will be in place. I will be happy to answer any question that you have. De Weerd: Okay. Council, any questions? Bird: I have none. Rountree: Madam Mayor? Meridian City Council August 9, 2005 Page 26 of 58 De Weerd: Mr. Rountree. Rountree: What's the intent of the future pad? Aguilar: We don't have any idea. We have not approached anyone, nor has anyone approached us. It will just be undeveloped until someone approaches -- actually, Walgreens will buy the entire piece and they may elect not to do anything with it or they might pursue another retail or some type of commercial development, but we have no knowledge of any -- of that information at this time, so that's why we are leaving it undeveloped. Canning: Madam Mayor, Members of the Council, just to expand on. The staff report makes it clear that the city is in no way approving a commercial site at that location at this time. It would require a new lot or a planned development for multiple buildings on the same site. De Weerd: So, what is the condition if it would be left in? Is that grass right now? Parking lot? Aguilar: I think -- it's not a parking lot, it's probably -- I think when it's all said and done, it will be -- when it's all done it will be grass and if there is any existing trees that are located within that envelope, those trees will remain. But it will not be a dirt patch and it will not be asphalt. De Weerd: So, you will grass it until a use is determined? Aguilar: Yes. I think most of that area is currently grass anyway, so we will probably just be expanding the cut areas that we can. De Weerd: Okay. Any further questions from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: How open is the Walgreen corporation to some other design consideration, other than their rubber stamp Walgreens stores that we see on every corner of ever city? Aguilar: I'm not a representative -- direct representative of Walgreens, so I can't honestly answer that question. But I will say from past experience with Walgreens, this is -- yes, it is their proto-typical building. It is a brick building. It's not efface. I think it's a really nice building, considering other national retailers that are coming in with their prototypes. It's part of their corporate branding. It's their national image. It's something that most Walgreens customers, whether you're in Boise or Meridian or Salt Lake City, Meridian City Council August 9, 2005 Page 27 of 58 it's an easily recognizable building, so I would say at this juncture they will not be -- they would not look forward to any design changes. De Weerd: Have they done design in the past to better blend into a neighborhood? Aguilar: Honestly, I don't know. I have not worked on a Walgreens project where they have done that. I have always -- my personal experience has the proto-typical store. I assume that they have, depending on the environment. They might do -- they might do different designs in a more urban environment, downtown Seattle versus more of this residential area. But, again, we do have to -- if I'm correct, we do have to submit for the certificate of zoning compliance prior to permitting this and at that time I will be happy to provide color renderings that might better display what this building looks like. De Weerd: Okay. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Does it look any different than the one that's on Fairview? Aguilar: Fairview and Milwaukee? Rountree: Fairview and Locust Grove. Aguilar: And Locust Grove. I'm sorry. I'm not familiar with that store. I know the store on Fairview and Milwaukee, I believe, is an efface building, a stucco building. I don't recall that it's brick. But this is all brick. Donnell: I doubt you need to come with any kind of color board or any mark-up, since I think we are all very familiar with what Walgreens looks like on just about every corner. De Weerd: Thank you. Is there anyone who would like to provide testimony on this application? Okay. Seeing none. Okay, Council, do you need any further information from the applicant or from staff? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I guess hearing no more public testimony; I move we close Items RZ 05-008 and CUP 05-029. Rountree: Second. Meridian City Council August 9, 2005 Page 28 of 58 De Weerd: Okay. Motion to close the public hearings Items 19 and 20. All those in favor say aye. Okay. All ayes. MOTION CARRIED: ALL AYES. De Weerd: Discussion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I made my comments about the design of this particular building, because my recollection -- and it's bad to have those, but when the clinic across the street on the northwest corner of Ten Mile and Cherry Lane was built, they had pretty significant design comments about that building to blend in with the neighborhood and it is quite well done, in my opinion. In fact, if you didn't know it, it could very well become a residence if somebody actually would want to live on that corner. The savings and loan kitty-corner from that is done in a like manner, with a hips type of roof and its neighbor to the east is an award winning architectural feature that I think is an enhancement to the neighborhood. This is a neighborhood. I can't speak much about Albertson's, you know, things happen. But I'm concerned about yet another proto -- non -prototype -- the typical example of a retail chain in a neighborhood setting. In a commercial setting, in a box store setting, when you're -- that's one thing, but just kind of popping this in the neighborhood setting it is, I have some issues. I don't have issues with Walgreens. I mean a pharmacy is probably a legitimate use, but I would want some consideration given to design change. I know major chains have difficulty doing that, because these things are somewhat typical drawings, but I know major chains do make exception if they have got a location they want to locate into, to accommodate their surroundings. So, I'm a little -- I'm not terribly supportive of this particular application because of that. De Weerd: Any other comments by Council? Mr. Wardle. Wardle: Just a question, Madam Mayor, for Councilman Rountree. Is there any specific design changes that he has in mind? I'm trying to envision, probably like we all are, what a different Walgreens would look like. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If I had that equation I probably would be working for Wal-Mart, but I don't. But having worked with the original developers of the Cherry Lane clinic, the idea was to try to provide a structure there that was representative of a residential building, as opposed to something that Wal-Mart creates, which is, essentially, a single story building, but appears to be multiple stories and has a very high roof line and high n Meridian City Council August 9, 2005 Page 29 of 58 visibility. So, you have got -- end up with a hip roof kind of a situation on two of the corners over there. It just seems to me to be architecturally out of place. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Not that I disagree with Councilman Rountree a whole lot, but I do -- Walgreens is a lot on the line of the St. Alphonsus, which is down on the deal. The savings and loan that he talked about across the street is a cracker box that they deal with all over, whether they are in a commercial or whatever, they are at industrial or anything, it's the same design. I did about five of them. So, I have no problem. I like the brick. Brick is much more durable, looks better. Efface and stuff can stain if you don't keep up on it. It isn't the easiest stuff to take care of. I'm like Mr. Rountree, I don't like the single story to have that kind of height myself. De Weerd: Mr. Nary, I guess I would ask, since there are design concerns, but seems to be support for the concept itself, is there an option where the applicant can come back with a design proposal? Nary: Madam Mayor, Members of the Council, I recall the discussion that Councilmember Rountree has talked about in regards to the St. AI's facility across the street and I think Councilmember Rountree's recollection is correct, I think what that particular project did was -- because there were concerns about the blending in with the neighborhood, they brought that forward, that was what was expressed to them, I think -- and the reason is I was on the Planning and Zoning Commission at the time. And so they brought those forward to ease the concerns of the Council and the Commission as to how this building would be compatible with the neighborhood and blend in. I didn't sit through the prior hearing at Planning and Zoning, so I don't know if that was expressed by the neighbors, but certainly if the Council is in agreement that the project itself is okay, but there is concerns about how this is going to look, the problem is trying to fashion a development now is a little bit complicated to do, it's -- you know, if your desire is, really, that they bring back to you more of the renderings of what they are going to build there before you would consent to a rezone of that corner, that probably would be better and I don't know if Mrs. Canning has a different opinion of that, but that would probably make more sense than trying to fashion some design standard into a development agreement that may be much more problematic to enforce. De Weerd: Mrs. Canning, do you have anything to add? Canning: No. I would agree with that. Yeah, if you wanted to go toward a development agreement, I would just suggest that you make it a -- that they come before you as a conditional use to review the -- to review the design aspects, rather than trying to direct staff, because what we find on those is that we don't have much enforcement mechanism once you have approved it with just specific design considerations, so -- Meridian City Council August 9, 2005 Page 30 of 58 Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Let's get some more confusion. The church there that's going down, it's -- if I remember right, I don't know if it's a second story, so it's got a humungous -- probably as tall entryway with glass as this does. The front entryway is probably as tall -- and I can't -- I think it's wood construction, though, if I remember right, isn't it? I have only drove by it a million times. But I did put the glass in the front, so I know it is -- I know it is tall. So, I know that Walgreens probably -- their front, even with their false thing that they put up above their entryway, is -- isn't probably any taller than what the existing building is right now as far as entryways. But they are brick, instead of wood and I'm a brick person, so -- Wardle: Madam Mayor? De Weerd: I'm not going to touch that one. Yes, Mr. Wardle. Wardle: If I can just make some comments. I agree with Mr. Bird in the sense that the - - I agree with the design of the building, I agree with the fact a national retailer wants to move into a -- what I consider a hard commercial corner, with either commercial or office on all four corners. I agree with Mr. Rountree in the sense that we need to continue to look at our design standards, but one of the things that I can say is we are not hearing lot of public testimony from the neighborhoods and I think one of the reasons is that many people know what a Walgreens looks like and can drive down the street in many communities and see there aren't any windows in the rear of that facility, other than the drive-thru, as I can recall from the elevations, and so I think it's probably a proper place and the neighborhood is not here to speak in opposition for that fact. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I was really hoping for a McDonald's, but since that hasn't come forward -- that's only because I want it closer to my own home. But I would probably be totally opposed to this if it weren't for the fact that kitty-corner is Albertson's. And so while I agree with Councilman Rountree's comments about it, it still just seems like, as Councilman Wardle said, it's commercial development on all four corners, Albertson's is across the way, it seems like if the neighbors aren't upset about it being there, than we ought to probably be okay with it. De Weerd: They are not upset until that second story lighted sign shows up on the side of the building, so -- Donnell: I still like McDonald's. Meridian City Council August 9, 2005 Page 31 of 58 De Weerd: Okay. Any further comments? Discussion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve RZ 05-008, include, then, the -- let's see, so we -- yeah. And include the testimony from staff and applicant and to approve the Findings of Facts and Conclusions of Law. Wardle: Second. De Weerd: I am assuming that that includes the site plan of 7/26? Bird: It includes the site plan as 7/26, stated in the public testimony by our Planning and Zoning director. De Weerd: Okay. Also, the change to condition number three from six to nine. Bird: As stated. Yeah. De Weerd: Okay. Just checking. Bird: I said all public testimony. De Weerd: Is there any further discussion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: We heard testimony that there would be a non -paved drive -- there is a non - paved drive there. I believe that's inconsistent with city ordinances. In my opinion, the drive ought to be paved back to the well house and reinforce the comment that the site designated as a future pad would be landscaped at a minimum with a grassed area. So, if the maker of the motion would include that. Bird: I would agree to that. She stated in her public testimony that that would be grass, there would be no dirt, but -- and I would agree to take that -- to pave that back. De Weerd: Second? Wardle: The second will agree. Is that -- Anna, Councilman Rountree's statement correct, that that's outside the scope of our city ordinance to have an unpaved driveway? Meridian City Council August 9, 2005 Page 32 of 58 Canning: Generally we do require a paved surface. Only a portion of that is on this actual property. If the maker of the motion could clarify how much they want paved and -- Bird: Well, I think -- I think what was stated is to go back to our well lot and our well lot stops right there. Canning: So, you want off-site improvement? Donnell: Madam Mayor? De Weerd: Mr. Bird, Anna mentioned that half of that is on this application, the other half would be an off-site improvement request. Bird: Okay. They've made an agreement, it isn't vacation of right of way or anything, right? With that owner? Canning: Correct. It's just a cross -access. Bird: Okay. So, let's just -- the maker of the motion says let's go back to what they control, to where they control, and that's just back to their property; is that right? Show me where they control. Canning: They control this dash -- dot dashed line is their control. The cross -access agreement has paving up to about this location right now. Mr. Vance didn't want it paved all the way, because he was concerned about probably people mistaking that for a different -- another access. Bird: And that's been gravel and been traveled on for years. Canning: Yes. Bird: Okay. So, the maker of the motion would just like to leave it as you stated it, okay? If the second agrees. If not, we will have another motion. Wardle: Second agrees. De Weerd: Okay. Mrs. Donnell? Donnell: Clarification. Is it going to be paved or is it not going to be paved? Bird: It's going to be paved back -- show her where it's going to be paved to. Donnell: Not to the city well line? Bird: No. n Meridian City Council August 9, 2005 Page 33 of 58 Canning: It will be paved to there and I understood the last clarification to say that this would also be paved or was I incorrect? Bird: No. It's -- Donnell: He withdrew that. Bird: I withdrew. Yeah. Canning: Okay. De Weerd: Are you tracking this? Canning: I think so. De Weerd: Is there any further discussion? Okay. Mr. Berg, would you call roll. Berg: Thank you, Madam Mayor. I just have a clarification. How does this compare with the Findings that are already before us and how much of an amendment or do we need to prepare new ones? Canning: Madam Mayor, the only change that needs to be made is to change a nine -- a 16 to a nine on condition number three. And, then, add one that the site of the future pad will be grass. I don't know if you want to do -- if you need new Findings for that, we can. De Weerd: Well -- and just reference the site plan. Canning: Okay. Berg: So, an amendment to the Findings that are prepared? Canning: We will prepare new findings. Bird: You'll have to prepare new Findings, because we have changed some staff. De Weerd: Okay. Bird: But I thought that we could -- they don't have to come back before us if they are changed. I mean we are passing on it now and we know we are passing on it, we have it on recording, why do we have to bring it back? I thought that's what we eliminated. De Weerd: Mr. Nary. Bird: Am I wrong? Meridian City Council August 9, 2005 Page 34 of 58 Nary: Madam Mayor, Members of the Council, no, you're not wrong. They can make amendments to the Findings. If you are satisfied that those amendments are minor enough that you don't need to see them again, then, that's fine. It appears from what Mrs. Canning said they are fairly minor and can be amended without you seeing them again. If you were to prepare brand new Findings if there were significant changes, then, you would probably want to see them again. You can direct the staff to make those amendments as you have stated them in your motion and on the record and, then, those can be prepared and forwarded. Bird: I agree. De Weerd: Mr. Berg. Berg: I'm sorry I brought up the question. I wanted to make sure these were minor amendments. Roll -Call: Bird, yea; Rountree, no; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Okay. So, the motion carries. Item 20. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: With all the previous conditions stated publicly by applicant, by staff, by public, I move that we approve RZ 05-008. And also the Findings with the small changes. De Weerd: With the small changes. Wardle: Mr. Bird, just as a clarification, is that Item No. 20, CUP 05-029? Bird: Yes. Wardle: Okay. Second. De Weerd: Okay. Any -- I'm afraid to ask if there is any discussion. Bird: Oh, I'm sorry. Rountree: I have none. De Weerd: Okay. Mr. Berg, will you, please, call roll. /'1 Meridian City Council August 9, 2005 Page 35 of 58 Roll -Call: Bird, yea; Rountree, aye; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 21: Public Hearing: AZ 05-024 Request for Annexation and Zoning of 5 acres to L -O zone for Seventh Day Adventist Church by Hawkins Companies — 1735 North Black Cat Road: De Weerd: Okay. Thank you for bearing with us on that. Item 21 is Public Hearing on AZ 05-024. 1 will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, now that the Seventh-Day Adventist Church as been displaced, they need a new home. Their request is for them to be -- they would like to build a new church at -- it's about mid block -- mid mile between Black Cat and Cherry Lane on the west side of the road. It's just south of the existing LDS church. The location is 1735 North Black Cat Road. And this is a request for an annexation and zoning. They are requesting L -O zoning and that would allow the construction of a new church as a principal permitted use. They are only at this time proposing one structure. We do not have a square footage calculation for that. As you can see, there are existing residential subs in the area. And this is now preliminary platted. Yeah. There is a Corey Barton subdivision there. Sorry. It just threw me for a loop for a second to see that empty field. I'm sorry. This is the proposed layout. They would come in off of Black Cat and have an exit onto Black Cat as well, so there is two. The church is fairly centered on the property. The P&Z has recommended approval. No one spoke in opposition at the Planning and Zoning Commission hearing, although there was quite a bit of discussion and that discussion was relative to these two properties to the west of the -- what will be the two churches. Currently, they share a -- they don't have direct access. They are land locked properties. There is an easement - - 25 feet on the LDS church side and 25 feet on this property, for a total of 50 feet. An easement that comes back to here. There is not an improved private road through Ada County. There is not a street name. It's just an access easement. To further complicate things, when the LDS church constructed their facility, they put a fence, basically, on a portion of that and constructed landscaping and other improvements within that 25 feet that was supposed to be left for access. So, the key issues of discussion, to and behold, was the 25 feet of access at the Planning and Zoning Commission and, then, also the fencing along the west property line. We have worked with staff -- really, the only outstanding issue before the Council is that 25 -foot easement and, basically, what -- it just occurs to me this is the incorrect site layout, isn't it? Let me get the -- I'm sorry, I didn't notice that when they were preparing the presentation. I need to get that one up for you, because it's important. If the applicant has an eight and a half by eleven handy, that would help, but -- Madam Mayor, Members of the Council, sorry about that. This -- the applicant, Mrs. Aguilar, has just informed me that this is -- was done today, so this does reflect the discussions we have had. ACHD would not allow an entrance at the north portion of this site where the existing easement is, because it's so close to the existing driveway for the LDS church. So, they required the applicant to take an access from basically the center of the e_� 1'1 Meridian City Council August 9, 2005 Page 36 of 58 property that lines up with another street and, then, also they could do one at the south, as long as they agreed to a cross -access -- provide cross -access to the property to the south. So, this will become another easement. They also were concerned with the land locked property and they, basically, said you either need to leave that access in place or provide a different 50 foot access at this location. What we have worked with the applicant to come up with is an agreement that the intent of the Planning and Zoning Commission hearing and -- to address the concerns for the land locked property. Basically, what they have agreed to is to add a condition to the development agreement that says they will sell the 25 feet at the north property line for the development of a street, that they will sell that at fair market value. And there are specifics as to how to determine fair market value and those have been included in your staff report -- or in the findings. So, staffs reasoning is that there is a total of 50 feet available to those property owners at the west. Should they choose to develop, they can free up that 50 feet, because there are two access easements there. It puts the owners -- it puts them on -- it requires these folks to deal with the issue that the LDS church has blocked some of that access. So, if they should choose to put in a public street, they would have to get the full 50 -foot if they want to go with a private street or some other form of access, as long as it's a street. They can acquire the property from the Seventh-Day Adventists and construct that street. So, we are -- we do feel fairly confident that this issue can be resolved. I think we expressed to the applicant numerous times how difficult these private roads have been for the City of Meridian and this one is further complicated, because it's not even, really, a private road, it just looks like one and acts like one. But that's -- we do feel fairly confident it's been addressed. With that, I'll answer any other questions. That was, to our knowledge, the major outstanding issue. Let's see. It does -- this would require that the fifth bullet for comment number three be modified and that language is in your cover sheet, but I'll go ahead and read it. It should be modified to read that the applicant agrees to provide reasonable and fair means for the parcel to the west to acquire and improve a street, the 25 -foot wide area containing the existing ingress and egress easement. The means for acquisition of the 25 -foot wide area are attached as Exhibit E, which should be included in the development agreement. And with that I'll answer any questions that you may have. De Weerd: Council, any questions? Bird: I have none, Mayor. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Question for Anna. If there is an easement for access, how can we stipulate in an action on the part of this city that the people who have access need to acquire that access? Canning: They could still use it for the purpose that it is now. They'd still have a driveway there. It would just be that if they want to acquire it for future development. W Meridian City Council August 9, 2005 Page 37 of 58 Right now it's just a -- it's just a driveway access. The question was if they want to do additional development and have a street there that provides frontage, what would they do. But we are not taking -- no one is taking away their existing access. De Weerd: Okay. Any further questions? Is the applicant here? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Just a point for the record. I mean the section that's part of the proposed development agreement may answer the concerns of Councilmember Rountree, because it requires that the adjacent property owners have to request it, that it has to be approved by the city, that it's based upon a re -subdivision or a platting of that annexation of that real property and that it's for a public road. So, it's for all of those purposes that, then, they would allow them to purchase it at fair market value and, then, there is some determination in this development how that's going to be determined. But I don't if that answers your question, but those are all the little different conditions that are being proposed as part of this development agreement, but, again, it wouldn't affect their current access use. That easement right exists and that continues to exist and if that's all they ever need it for, they didn't have to purchase anything to do that. That already exists. It's just if they want to develop and do something more than that. De Weerd: Okay. If you will, please, restate your name and address. Aguilar: Good evening, Madam Mayor, Members of the Council. My name is Jessica Aguilar with Hawkins Companies, 8645 West Franklin Road, Boise. I'd like to ask Anna is there a way we can shift the plan down, so they can see the north boundary? That might be a little more -- there we go. As you can see, there is a dashed line and there is a dark line in the middle of it. That is the current ingress -egress access easement area or that's the current driveway. Twenty-five feet, again, is outside -- is on this property, 25 feet is on the LDS property. That driveway will not go away, it's going to remain in place. So, we are not denying current -- any access to the properties to the west. We are, actually, hoping to propose a little gravel pathway for some storage sheds, but we will present -- officially present this plan, assuming we get approved, with the certificate of zoning compliance, to P&Z. I think the concern is -- this whole access concern is there has been discussion that in the future those two properties in the west, they are about ten plus acres, they are prime land right now for a subdivision -- a potential subdivision. And I think there was some confusion about those property owners. I think they thought that what they had as far as the easement to that property automatically granted them a right to build what I call a public road, as what would typically be required and approved by ACHD and that is not the case. I think the intent of the egress -ingress was to provide a driveway to those homes and we are just -- our concern at the P&Z meeting was when that got into that easement area, just like with any development, if this property owner wishes to do a subdivision in the future, they would need to approach the church at that point time -- or the current property owner of n /'1 Meridian City Council August 9, 2005 Page 38 of 58 some way of acquiring that property, assuming that ACHD would want that to become a public road. So, that's why all this discussion came in as far as access and I think some confusion at our last meeting. And, again, as Anna mentioned, in the Exhibit E of your packet, we have worked with Mr. Nary, with Anna, and the church officials and came up with some language on how we would make that 25 feet available to those property owners, to be able to purchase that at fair market value and we came up with a formula and as -- I believe as we left it, everybody was in agreement as to the language of that. And, again, that would be in the development agreement. I will be happy to answer any clarifications or questions you might have. De Weerd: Council, any questions for the applicant? Bird: I have none, Mayor. De Weerd: Okay. Thank you. Angular: Thank you. Canning: Madam Mayor, may I expand on a point she made there? De Weerd: Uh-huh. Canning: The statement was made that it's prime developable land. I want to point out some of the concerns as to why and when we think this won't develop right away. One is the access issue. But it's further compounded -- they do have a stub street. However, all of this subdivision depends on this one access, until you get up into Trish's Subdivision -- Trish's Crossing, I believe it is. So, it exceeds the number of single-family homes that the fire department will allow to be built with just a single access. The other big issue is that this is, generally, slated to be serviced by the McDermott drain, although they may be able to serve some properties feeding out to Black Cat. It was originally intended that it would service to McDermott. So, although it is immediately adjacent to annexed property, there are other constraints, rather than just this access easement that that will make development of that property difficult. De Weerd: Thank you. We do have one person that is signed up to provide testimony. Yvette Elliott. And I apologize if I said that wrong. Elliott: No, you did great. De Weerd: Okay. If you would state your name and address. Elliott: Madam Mayor and Council, I'm Yvette Elliott. De Weerd: Thank you. /011%, Meridian City Council August 9, 2005 Page 39 of 58 Elliott: I live at 1923 North Black Cat Road. And if you could put the picture back up of the property. I'm the property directly behind where the proposed Seventh-Day Adventist Church goes. And so what we are -- our concern is that we are rural transitional right now, which means whoever develops that property first has to provide a stub street and sewer to other existing properties. If it's rezoned as L -O, then, they wouldn't be required to do that. So, that's -- that's one of the problems. And, then, the 50 foot easement that we do have currently there, we would not like to have them build anything on that, if that's going to be our existing easement. We do want to sell our property and we did talk to the city works and they said that they would like to require a to and through sewer system to go from the church to our property, because from the subdivision that's currently there, you will see the L shape of the property, that's Wanda Carson's property and we don't have any access of sewer or water that would come to our property, unless we went through Wanda Carson's. Donnell: Can you point to that, please? With that -- well, no, with the pointer. If it will turn on. Elliott: So, right there is sewer and water and this is Wanda Carson's property right here. And so right here is sewer and water that actually is right at the beginning of the opening of the 50 -foot easement. We -- I went down to ACHD and talked to them and as far as their being a road there, they are having one access come into that Seventh-Day Adventist Church. If we had an access going and opening up the LDS church and in between the Seventh-Day Adventist Church, that -- they would approve that as one access, as we are using that access. But if it's rezoned we don't have the right for them to put a road through. If it stays rural transitional, which is in our best interest right now, then, they would have to -- whoever develops first would have to put it to and through to our property. When I spoke to Hawkins company and I spoke to the Seventh-Day Adventist Church trying to get a price for -- to buy that 25 foot easement, the quote was 70,000 dollars and -- and, then, they were -- they said that they couldn't -- they were in a contract right now with Seventh-Day Adventist Church, so they couldn't tell me a price -- or they couldn't sell it to me. So when I called the Seventh-Day Adventist Church, they said they don't own it yet, so they couldn't sell it to me. So, I contacted their attorney and he said I can't tell you anything either, so it could be over a year before we even know what's going on. Which I don't think is fair on our part as property owners and taxpayers of Meridian. Thank you. De Weerd: Any questions from Council? Bird: I have none, Mayor. De Weerd: Okay. Thank you. Is there any other testimony on this application? Okay. Would the applicant have any final words? I'm sorry, Mrs. Aguilar. If you will, please, step forward. You have to ask it after you state your name and address. Law: My name is Brent Law. My address is 4888 West Cherry Lane. 110�, Meridian City Council August 9, 2005 Page 40 of 58 De Weerd: Thank you. Law: I live right on that piece of property right there, which is on the corner. The church building there. My question is how far back on the property is the church building? Because you can't tell -- I couldn't tell on the drawing, it didn't actually show the back part of the property line. I'm assuming this is the back of the building. What is this over here? Is this some more structures? And is the property line actually back here? Or at what point are they stopping on the property line, do we have any idea? Canning: Madam Mayor, do you want me to answer that? De Weerd: Yes, please. Canning: This is the rear of the property line. So, the whole property is about 400 to 450, 1 believe. So, it's approximately centered to -- this looks like it would be approximately 250, something like that, from here -- from the back of the property. Law: So, what would be the use of the back of the property? Is that just going to be weeds or is that going to be grass? Is it going to be maintained? What will the use be behind it? Because my concern -- my irrigation water comes across I believe -- it looks like about right across through here. As long as they are not developing that, I guess I'm not losing my irrigation. But my concern is we have to -- currently it's all in pipe, so it is currently buried, but at this point if they start developing too far back, we will lose that piping, probably. So, my concerns were -- you know, I was just concerned how far back they were going to go and how is that property going to be maintained? I just -- I have no problems whether they go along with it, whether they go ahead and do it or not, I don't care one way or the other, but I just -- I am concerned as far as behind there what's going to be done, because I know it's just like with the Walgreens thing, you say you want to maintain back behind there. I think it would be nice if somehow or another something was -- either we was given some kind of guarantee that it was going to be maintained, it was going to be kept mowed, or something of some nature to keep it from just being a -- I mean I don't know if they are open to even have the access back in the back. There was nothing on the plans, nothing said what they are going to do back there, and it's kind of leaving it wide open to be able to just ignore and act like it's not back there. And I'd rather -- I'd rather not see that happen. De Weerd: Well, it sounds like they did have something proposed for those two little boxes back there. We will ask the applicant to respond. But we do have an ordinance that they have to deliver your water. So, if there is anything put back there, it cannot compromise the delivery of water to your property. Law: Okay. De Weerd: So, our ordinance does protect that right to you. Law: Good. Okay. Meridian City Council August 9, 2005 Page 41 of 58 De Weerd: Okay? Law: That's all I needed. De Weerd: Thank you. Is there any further testimony? R.Elliott: Hi. My name is Rick Elliott and I reside at 1923 North Black Cat also. And she might be going to address this, I'm just curious what -- what this is going to be right here? It seems to me if this is their storage sheds, what they are proposing charging us 70,000 dollars for a half an acre of land, are they planning on using our easement for free? De Weerd: Okay. Aguilar: Okay. De Weerd: If you will just restate your name. Aguilar: Jessica Aguilar with Hawkins Companies. De Weerd: Thank you. Aguilar: This area here is going to be hydro -seeded. When we provide an official landscape plan as part of the certificate of zoning compliance, our preliminary landscape plan, which is not part of this submittal packet, we will be providing approximately 70 plus trees on the perimeter of this entire property. Again, this will all be -- hard to see, but there will be grass there. It will be irrigated in some fashion, most likely sprinklered. I wasn't aware of any kind of delivery system as far as water, but we will make sure that our civil engineer becomes aware of that and if we interfere with that in any way, we will make sure we mitigate for that. Let me just restate -- yes, there is a 25 foot easement here -- I think this battery is out. Donnell: I think we will give you a new -- see if that will work. Aguilar: And, I'm sorry, it's not really clear on this plan where the easement line is, but, yes, from this property line down there is a 25 foot easement. We have fee to that property. It's just an easement. All it does is it grants ingress and egress to these properties. They do not own that property. Let me talk about the discussion as far as the sale of that and how this all works. As a part of the Walgreen's project we went into a land exchange agreement with the Seventh-Day Adventist Church at the Ten Mile and Cherry site. In exchange for that piece of property where we propose to develop the Walgreen's, Hawkins Companies is going to exchange this piece of property. At the time of the Planning and Zoning meeting, the Stafford's were the current owner -- the fee owner of this property. On the 29th of July -- or of June, I'm sorry. Or July. I'm sorry. Hawkins Companies became fee owner of this property. In March, when we, /0�1, Meridian City Council August 9, 2005 Page 42 of 58 hopefully, anticipate to hand the keys of this new church to the Seventh-Day Adventists, that's when we will do the land exchange and that's when they will become the official property owners of this piece. Hawkins Companies didn't feel that it was appropriate for us at this time to negotiate any sale, a portion of a sale, of this property without the Seventh-Day Adventists on board with that. We told them that if they want to enter an agreement with somebody else to sell the 25 -foot piece, they could, but that would have to occur after it -- the property was exchanged into their name, which would be sometime in March. So, that's why there is no sale going on in the immediate future. We got a couple players involved and the Seventh-Day Adventists won't be the official owners of the property until that time. Now, it's up to them to -- or, actually, at that time when I believe there was some phone calls and prices discussed, I think the Seventh- Day Adventists came up with some numbers based on some other purchase prices that they were familiar with of some other properties in the area. But since, then, we came up with this Exhibit E, which will go into the development agreement and they were present at the meeting we had with staff and Mr. Nary and they were all supportive and on board with this Exhibit E agreement. So, if the Elliotts want to approach the Seventh-Day Adventists, again, they can, but I don't think anything will be exchanged or can be fully resolved until the property gets into their name. As far as the LDS church and the access, yes, Mrs. Elliott was correct that ACHD would approve the north driveway here, provided that the LDS church, we could get them to agree to close off their access point here and give them access over here somewhere. We approached the LDS church and they replied to us in writing that they were not agreeable to that and did not want to pursue that and we presented that information to staff. So, that's why we were not pursuing the driveway to the north. As far as sewer and water, I don't see how the development of this property has any bearing as far as sewer and water mains as far as bringing those back to these properties back here. I think if and when those properties develop, I mean that should be part -- the burden should be on them to bring those services to their pieces, just like if there weren't any services to our piece here, P&Z and Council would most likely say, hey, you guys need to figure out a way to bring services to make that work. So, I don't see why the burden should be on the Seventh- Day Adventists piece to bring services to this property here. De Weerd: I guess I have a question about that road. You're saying that the LDS church has no interest in vacating their access out onto Black Cat, so that, essentially, makes that easement worthless if they were ever to develop the property behind yours. Aguilar: I think I'd like to ask my attorney to maybe step in at this point. He can maybe address that better than I can. De Weerd: I'm sorry, I never put those very nicely. Just wanted clarity on that. Aguilar: He can talk about the current easement language -- or I'll let him jump in here. That easement was -- it benefits -- it has no benefit to us and it has no benefit to the LDS property, it benefits these other two properties over here. Meridian City Council August 9, 2005 Page 43 of 58 De Weerd: Well, it benefits the properties that you will land lock and that you will inhibit their ability to redevelop, just like you're asking to redevelop this. And I guess that's my only question. Aguilar: But, technically, it's not land locked, because there is an easement in place for access for the current use. It's not land locked. Do they have fee to this property? No, they don't. But they are not land locked. So, we are not inhibiting any future development, it's -- they would have to pursue acquiring any additional property, if they even need it, to do whatever kind of development they may or may not propose there. De Weerd: So, ma'am, what you're telling me is even if they purchased it, they would never be able to use it for a public use. Aguilar: Oh, it doesn't mean that they don't ask the owner here for 50 feet or whatever they need for a public use. We are just talking specific to the easement in place. Who's to say that they don't need 50 feet down here or 50 feet over here. They can approach the property owner and ask and negotiate for that. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: And I don't know if this is going to make it muddier, but one of the questions that was raised was -- by the Elliott's was the roadway itself. I think we did discuss at Planning and Zoning with the applicant. They will have to pave the portion that's on their property, so -- although I think it's dirt currently. I guess I'm not sure if it's paved, but they will have to pave the portion that's on their property. So, a portion of this easement will -- has to be paved, because it's part of their development. The other question -- the other property to the north, the easement that is on the LDS property, there is no restriction upon that at all. The only thing staff had a concern with, which I think is what Madam Mayor's concern is, is because this application could land lock that property, that's the reason this condition was agreed upon in this discussion with the applicant. The Elliotts weren't part of that, but it was staffs attempt to make sure that at least there was an ability for them to purchase that for a roadway or if the highway district wants to put a roadway in there, that nothing will be built in that. So, the Elliotts can certainly purchase it. If it does become a public roadway, ACRD can purchase it if they wish. But there is no restriction on the northern piece. So, currently it is only an easement on the northern property where the LDS church is located and there is no restriction as to what they sell that for, if they even -- even if they want to sell at some point in the future. The only other thing I wanted to clear up from what Mrs. Aguilar said was the Elliotts concern that they raised in their testimony was having this held up for a fairly lengthy period of time if they choose to develop between now and whenever this transaction culminates with the Walgreens and the Seventh-Day Adventist Church. This development agreement is between the city and the property owner, which is the Hawkins Company. So, the conditions that are in there, if they are satisfied between now and whenever their land agreement with the Seventh-Day Adventist Church is, Meridian City Council August 9, 2005 Page 44 of 58 that's not the city's issue. If the enforcement is necessary under the development agreement, it is with the Hawkins company and they would have to satisfy the conditions of the development agreement if it were to occur prior to the Seventh-Day Adventist becoming the owners of this property, that development agreement condition would be applicable to them. So, they couldn't necessarily just hold this all in abeyance until everybody got the right pieces of property they are supposed to own at the end of this, it would apply to them at the time. The other issue -- and, again, we were trying to satisfy some concerns of these land locked parcels, but I guess another thing for you and the Council to consider is that it does make the city a party to this action and there isn't a way around that, if we want to assure there is at least the ability for the rear properties to have some way to develop. The city doesn't have to put that condition in there, it's only to assure that there is some ability to develop at some point in the future at some reasonable way. But, again, there isn't a condition on the -- that I'm aware on the northern piece where the church is located, so I'm not sure if that will satisfy everything, but it's the only piece that we could satisfy at this time. Does that make it muddier or -- we'll let Mr. Vance -- and if two attorneys talk, I'm sure it will clear it all up. Bird: I was going to say, it will be as clear as mud, then. De Weerd: I guess, Mr. Nary, my question is even if they purchased the full 50 feet, a true easement, will they have access to Black Cat if the LDS church says we won't vacate our ability to access Black Cat? Canning: Ma'am, I can answer that. We did discuss that and ACHD can force them to vacate their driveway if there is another public street. So, if a public street is approved by ACHD at that location, they will go and force closure of that drive aisle. De Weerd: Thank you. That was my question. Canning: And, Madam Mayor, if I could ask for clarification. We got that from a former staff member and if it's wrong, Mr. Inselman needs to let us know. De Weerd: We will ask him in a moment. Canning: Could I ask for a brief bit of clarification as to Mrs. Aguilar's testimony? The driveway as shown -- or the existing driveway is shown in a different location than we had seen it in the past, but that wasn't the issue. What -- the question I had was does the Hawkins property have benefit of that easement on the LDS property? I think that -- or is it just a benefit to the property owners at the west? That's what the neighbor was trying to get at. Aguilar: I may let Mr. Vance respond to that. De Weerd: If you will, please, state your name and address. Meridian City Council August 9, 2005 Page 45 of 58 Vance: Mayor de Weerd, Councilmen -- Councilwoman, Tracy Vance. I'm this project attorney for Hawkins Companies, addressed at 8645 West Franklin, Boise. De Weerd: Thank you. Vance: Anna does raise a good point. That easement agreement that is on the LDS property we do not have the benefit of that, but that does not restrict them from using any of the 25 -foot on our portion of the property. So, technically, the way that this site plan is derived where we would actually have the storage units and the turnaround there, we would probably have to increase a little big of the driveway, so we would be able to access that totally from our piece of property. Canning: And, Madam Mayor, Members of the Council, we have not issued a certificate of zoning compliance to approve this site plan at all. That we would look at those issues with the certificate of zoning compliance and if a driveway is solely on their property and -- it will need to be paved. That issue was raised earlier. So, we will look at that with the CZC application. De Weerd: Tracy, is there any portion of the private access right now on this piece of property? Vance: The private access, the way that it's depicted right now is the way that it is shown on the alta survey, that's the way that it -- the dirt road straddles the property line. The dirt road itself is just, basically, enough for one car to go down, so it's probably only about ten feet wide right now. They do have 50 feet of easement, but the road itself is only -- I would say probably ten, 15 feet at the most. And it is just a gravel road and it does split the property line. So, that was one issue that came up and my recollection was that since we don't have the right to go onto the LDS property, that we wouldn't be paving our portion, because really wouldn't make sense to pave half of a portion and all of a sudden you have got half and gravel base on the other half. It would be more inconvenient than anything else. De Weerd: Okay. Council, do you have any questions? Donnell: So --Madam Mayor? De Weerd: Mrs. Donnell. Donnell: So, Mr. Vance, you still intend to use that easement to access that turnaround and those storage sheds; is that right? Aguilar: The site plan wasn't intended for a presentation tonight, I just brought it because -- per Anna's request. This is, actually, just a quick concept for the Seventh- Day Adventist, because we are working out a final location of some storage sheds that they have, a Stor-More building, so that was just a proposal that they had. So, that proposed turnaround and location of the shed is not final and most likely will move A,**., W Meridian City Council August 9, 2005 Page 46 of 58 again. And I just happened to have it in my briefcase, so when she asked for the site plan, the rest of the site plan is more or less final, they are just working out the final details of those storage sheds, so I apologize for the confusion of that. Donnell: Then -- Madam Mayor? De Weerd: Yes. Donnell: Then, Anna, I'm not sure what we are being asked to approve. Canning: Madam Mayor, Members of the Council, Councilwoman Donnell, it's just an annexation and zoning request before you tonight. I don't think they have even submitted a concept plan, other than the one that I originally showed. They have been working on the access issues. The storage sheds are a new issue that's come up and Mrs. Aguilar is correct in that she will have to be relocating those, because I don't think they meet any of our standards right now. So, we can work with her on that. But you don't have elevations and the general concept, I think the most that you're looking at is - - or would be similar to this and we could use this one with the exclusion of the storage sheds and we'd like to -- Aguilar: May I clarify? I believe we did submit color renderings as part of our original packet. Canning: Sure enough. I will put those up for you. They didn't make it on the P&Z presentation, so I didn't know that they existed and I can put those up. Aguilar: And these are concept drawings, but I would say these are very very close to what, hopefully, the final product will be. There shouldn't be a major deviation. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Anna -- and I could have missed this, but if they are going to use -- if they are going to come off of Black Cat on that existing road, they would have to have a complete -- on their property, if they are going to use that, they'd have to have a -- whatever roadway we would consider as a roadway, a 30, 40 foot roadway, they wouldn't be able to count any of the easement from the LDS church as part of their roadway to get back to that property, would they? Canning: Correct. Bird: Or would they have to take that through their property or just to the location of that cul-de-sac. Or I call it a cul-de-sac. It's -- Canning: They took that -- /"N Meridian City Council August 9, 2005 Page 47 of 58 Bird: Inverted water tower. Canning: I took that down too quick. I'm sorry. They would have to do -- the only -- the only portion of the development of the property that would be different from what you're used to seeing is just the existing easement and -- but all the rest of the development of the site would be similar to what you're used to seeing, the curb returns, the landscape planters, the driveway cuts, and even the shared access to the property to the south. So, all of that would be standard. We did discuss the pavement of this. I -- at the time we discussed it I thought it was more on the LDS property and only occasionally came down here. Now, it looks like it straddles it. It does pose an interesting challenge, so -- but other than that easement, nothing would change. We would be looking for these storage units to not be accessed from the easement. We would be looking for them to have access from the circulation pattern on the site. Bird: Thank you, Anna. De Weerd: Any further questions for the applicant? Okay. It looks like there is some additional testimony and the applicant does have the final word. If you would like to come forward. Blake: My name is Kent Blake. I live at 4920 West Cherry Lane. De Weerd: Thank you. Blake: And is it possible to get the -- the driveway plan again? Canning: Oh, the driveway? Okay. Hold on. Blake: I just want to clarify what she's saying. My property is just right here and I'm curious, then -- okay. So, this would be my property here, this section. So, they are saying this road would come in here and this is my property line here, I'm assuming, and that I would have access through the road the way that -- De Weerd: You will need to answer that on the public record. Blake: Okay. And so I guess I needed to have them just clarify that. And I guess there is some fencing plan that comes in future -- whatever they do later on. Is that right? De Weerd: Some of those -- yeah. Anna, I guess -- is this going to be required to be platted? Canning: No, ma'am. De Weerd: Because it would be an accepted use. Meridian City Council August 9, 2005 Page 48 of 58 Canning: Yes, ma'am. I'm looking to see if there is a fencing requirement -- that the applicant shall construct a six-foot tall solid fence along the west property line. Said fence shall not be constructed of cedar. I suspect that this gentleman may not have been to the Planning and Zoning Commission meeting and so they may not have addressed that issue. Blake: I was here, but it went until midnight, so I had to leave. De Weerd: Yeah. They go very long. Canning: But that previous condition I mentioned is part of the development agreement. De Weerd: Okay. Canning: So, that's all we have before us and that would make sense. I'm sorry. So, if Council so chooses, they could add an additional clarification on the fencing plan in the development agreement. De Weerd: Okay. Sir, did that answer your question? Blake: I think it did. So, that means that in the future the fencing plan will still be kind of brought forth later on or is it just on the west boundary is the only line that there will be a fence on? De Weerd: The Council can address the south side as well. And I appreciate your question as far as the access. It seems that that would be an important point. Blake: Right. Yes. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: While we have the property neighbor here, does the condition that the Planning and Zoning director made for the west side of the property line meet your expectations for a fence on the south, on your side? Blake: I would guess I would want it to be consistent with what was already going to be going in. Wardle: Thanks. De Weerd: Thank you. Okay. Gary, could we call you up here? Rountree: May as well. You're here. Meridian City Council August 9, 2005 Page 49 of 58 De Weerd: We do want you to earn your pay. If you will, please, state your name and address. Inselman: Gary Inselman, representing ACHD, 3775 North Adams, Garden City. De Weerd: Thank you. Inselman: I agree with your comments, Mayor, that it would -- unless the LDS church agreed to everything it would be unlikely for a road to be put in there. Obviously, they would have to agree to the sale as part of our approval of a road to go there, we would require that the driveway off of Black Cat, then, access that new road and that would have to be with their willing participation. We couldn't unilaterally make them do any of that without compensation, which is unlikely from the highway district. De Weerd: So, they would have to agree -- they are required to have that easement, but they are not necessarily required to sell it? Inselman: I don't believe the LDS church was a party to an agreement to sell anything. De Weerd: Okay. Boy, now that's an interesting scenario. We appreciate your clarification. Thank you. Okay. I'm sorry -- Bird: It's your call, Mayor. Whatever you want to do. De Weerd: I think there is a lot at stake here. There is limited access. Mrs. Elliott, do you want to ask an additional question? Usually I don't do this, but -- Elliott: I thank you very much. De Weerd: If you will, please, just restate your name. Elliott: Yvette Elliott, 1923 North Black Cat Road, Meridian, Idaho. De Weerd: Thank you. Elliott: I just want to say that before the LDS church came up, we fought with them for that easement to put that fence back over and they didn't -- they went ahead and built their fence where it was. I have talked to them and they said that it could take two or three months before it went through their elders approval, for them to decide what they wanted to do. But back again to the rural transitional. If our property -- if we were to develop our property today as rural transitional, they would require us to put a stub street in to either Blake's property or Kent's property directly behind us. That is what the property is zoned at right now is rural transitional. They are asking for it to be different, to L -O, then, they would not be required to do anything. But as it is right now, to our benefit it's rural transitional and as they state, to their benefit they don't want to put a Meridian City Council August 9, 2005 Page 50 of 58 road, because it doesn't benefit them. Well, if it goes L -O it doesn't benefit us. So, think we should meet in the middle somewhere and that's all I have to say. De Weerd: Thank you. Would the applicant have final comments? Vance: Mayor. Council. Tracy Vance with Hawkins Companies. I'd just like to reiterate what the LDS church situation is. Can we pan down the pictures, so we can -- we can see the access road again? When we initially met with the church on their -- the Seventh-Day Adventist Church, their preference would be to have the access point exactly where the easement situation is now. We would prefer to put in a road right there. And -- but the condition from the ACHD was if we had an access point there into our -- into the church -- Seventh-Day Adventist Church facility -- they did a conditional permit, they would either allow us to have that access point or one to the south. If we had the one to the north, we had to get an agreement with the LDS church where they would agree to cut off their access point, we would put in the road, and put in an access point for both properties. And what we proposed to the LDS church -- because they -- they built their fence probably about 11 or 12 feet into the easement area. So, there has probably been 11 or 12 feet that's from their fence line and curb cut to their property line. And we knew that they had this easement situation, but it's not an easement situation that we can control, because, as we talked about earlier today, we are not the beneficiaries of that easement, we don't have the right to drive on that easement, we don't have the right to enforce the rights of that easement. The Elliotts do. The other property owners do. So, we approached the LDS church and said we know the fence is there, we know your curb cut is there, what we are trying to propose is we will take your 11, 12, 13 feet, we will make up the difference, we will put the road in there. The LDS church came back and said we are not interested. So, because of the ACHD requirement, we are forced to put our curb cut on the south side of the property. By doing that we had to shift everything down and we know there is a 25 -foot easement there. So, basically, what we are doing is developing based on even setback requirements from that 25 -foot to the end of that 25 -foot easement area. So, we are basically saying, well, we can't do anything with that property. So, we are taking the burden of -- we cannot develop -- we have actually shrunk quite a bit of the property, because of that 25 -foot easement. Now, the Elliotts do talk about bringing utilities. I don't believe our property has the burden to provide other property owners and developers utilities or that -- that is usually a developer's cost if they go out and they want to develop a piece of property, they are responsible for getting sewer, storm water, electrical, gas and that is part of the developer's cost. So, we have done everything we can not to impact the easement area and at the same time we are going over and above that by saying if they want to buy that easement, because we can't develop on it, we can't interfere with their easement rights, where we are given a mechanism, they can buy the fee title to that easement. I don't -- I don't see why we should have to be burdened by agreeing to 50 feet or -- you know, we are already burdened by 25 feet. If they want to enforce their rights on the LDS church, they have that right. They have the right to go and tell the LDS church to remove their curb, remove their landscaping, their trees, their fence. They may not have that right anymore. The statute of limitations might have run. But that's not -- you know, that wasn't something that was our -- you /"N Meridian City Council August 9, 2005 Page 51 of 58 know, we didn't have the right to enforce that easement right. Those property owners to the west, it's their responsibility to enforce that easement. If they lose the rights, by law, you know, if you don't protect your property rights you lose them. And, unfortunately, they need to make the LDS church agree to the terms of their easement. I don't have any other -- if you have any questions. De Weerd: I guess just a question. Can you ask for vacation or elimination of the 25 foot easement in the north, transfer it to the south -- I mean it sounds like you're going to sell them the property anyway, so can you not afford to lose 50 feet to the south where you're going to provide the other property owner to the south access, would it make sense to shift that to the south where you could also have access to Black Cat? And I don't know anything about this stuff; it's just a question. Vance: Well, that was an issue that was raised in the Planning Commission and with staff and we discussed that. The easement situation itself -- the road goes all the way here, it actually benefits this property, this property, this property. If you put an easement here it only benefits this property. You don't have any access to try to get over here in any event, so -- giving up 50 feet here would benefit one property owner, but it also would not -- we would still have a 25 -foot easement on this side. So, in essence, we would be giving up 50 feet here and 25 feet here and now you're taking on property 75 feet. And I mean -- I think that's a very big burden for a property owner to take. We are talking about -- the other condition, if we move the access point here, ACHD did say -- because they like to consolidate access points, if we have an access here, they wanted us to grant -- I guess it's right here. They wanted us to provide access to the property to the south. Based on -- but it's not a full 25 feet or 50 -foot dedicated road, it's just a cross -access on the existing drive aisle that we have. Since we are developing the property that way, that's not more of a burden, because we are putting it in already. We would restrict them to this portion that we already put in and that would -- so, if he develops this as L -O or whatever this gets developed into, then, he would have an access here. So, it's not so close to the intersection. I believe that's probably what ACHD was thinking about. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Just a quick question for Mr. Vance. The property owner to the south had a requirement -- or a request that the fencing be consistent with the fencing to the west. Is that something that you're agreeable to? Vance: At this time we would be agreeable. Now, I'm not sure -- are we doing the -- did we agree all the way from the easement line to the corner? Okay. And the property owner from the south, I'm not sure -- I mean, obviously, this wouldn't be fenced, because this is part of the parking and drive aisle. I'm not sure how far -- how far back that property owner would desire a fence, considering what other uses he may be r",- Meridian City Council August 9, 2005 Page 52 of 58 /IN having on his property that would tie into this access point. We would probably need more -- better clarification on that issue. But we are agreeable to -- Wardle: Fencing type? Vance: Right. Wardle: Thank you. De Weerd: Any further questions from Council? Bird: I have none, Mayor. Canning: Madam Mayor, Members of the Council, there is a requirement that the applicant take water and sewer to the -- to and through the property. The only issue would be the road. So, the other ones aren't currently conditions of approval. Aguilar: May I comment on that? I asked for clarification on that specific issue with Craig Hood and Bruce and it was -- Craig pointed out was not the intent of bringing means to the back properties, just bringing services to the subject property. De Weerd: I don't know. I guess I have always heard the to and through. Or through and to or -- so, I have never heard that they wouldn't put it through and stub out to the end of their property. Aguilar: This doesn't have the Public Works comments included with it. Canning: The staff report has a special consideration labeled sanitary sewer and water there. Sanitary sewer currently under construction in Black Cat Road. The applicant shall be responsible to install sewer mains to and through this development. The applicant will need to coordinate main sizing and routing with the Public Works Department. Water is readily available in Black Cat Road. The applicant shall be responsibility to install mains to and through this proposed development. Again, the applicant will need to coordinate main sizing and routing with the Public Works Department. Aguilar: And I asked for a clarification and I was told that it was to bring to our property, to the subject property, not bring it to the western properties. That's what the intent was. De Weerd: Well, it sounds like the question wasn't understood. That would have been inconsistent with the staff comments. But also inconsistent with our own policy. Aguilar: So, our property would -- associated with developing this property, we would be burdened with providing mains -- sewer and water mains to the property to the west, is that what you're saying, may I ask? /'1 Meridian City Council August 9, 2005 Page 53 of 58 De Weerd: Our policy has been that you bring it to and through. That's what it says. Canning: Madam Mayor, it was not -- it's in the staff report, but I don't know how to direct you, because it is in the staff report. However, it's not included in the development agreement. So, it is a general requirement of development throughout the city. Aguilar: Is there any knowledge that the LDS church has already done that? Because I would assume since they have been there before us that they possibly would have done that, if that's a standard procedure. Grady: Sewer and water isn't to and through the LDS church. De Weerd: It is? Grady: It is not. Bird: No. Grady: And as far as to and through on this property, I guess I'd question where it would go to and through. You know, where would our easement be. We typically don't have it just running through the parking lot, so it would probably have to be on the road to the north there and, then, the question is does that easement cover utilities and probably not, so there is -- De Weerd: Another issue. Grady: We do have sewer available to the north of the properties in question. Limited - - it's an eight -inch line, so it's -- it wouldn't be very acceptable for large development. De Weerd: Okay. It sure seems like there is some issues on this application. Okay. Council, I'm going to call for a five-minute recess and we will reconvene at 9:45. (Recess) De Weerd: I will go ahead and call this meeting back to order. Staff? Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Maybe before you get to the other staff, one of the questions that's being addressed is the issues of to and through. It is not common for us to require this property to stub all the way to the rear of the property. That is a common -- common language we use -- Meridian City Council August 9, 2005 Page 54 of 58 De Weerd: In residential. Nary: -- in residential subdivisions that develop the entire parcel to the edge. Here normally we don't. The only thing I could think of that just comes to mind -- and we have addressed it in the last six months -- was the Albertson's property at Ten Mile. When they stubbed it they stubbed it to the edge of their store, not to the edge of their property, because that's all that was required for them to do and they, of course, take up most of their lot and they still were only required to stub it to their store. So, it isn't common. I don't know if that was an oversight in the staff report or it made sense at the time, because they knew it was just going to the building, but it isn't common to have to stub a line all the way to the property to the western boundary of it. De Weerd: Yeah. I remember this in residential. Right. I guess it's never come up in a business application. Nary: And this is not platted and it's -- I mean, you know, there is, obviously, some different complexities, but I just wanted to clear up that particular issue. De Weerd: Okay. Did the applicant have any final remarks? Okay. Council, any discussion? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: All I can say at this point right now is that I'm thoroughly confused. I think there is some issues that need to be resolved and I'm not sure that we are the body that should be resolving those issues. I think it needs to be the property owners and the developer. And so from my point of view, I think that this needs to be at least delayed for any action on the part of the Council until some of those issues are resolved. Bird: Is that a motion to continue? Donnell: It wasn't a motion, it was just a comment, so -- I don't know what the other Council members are thinking. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I agree with Councilman Donnell. She's right on. A lot of issues -- the City of Meridian has significant issues as it relates to past actions and activities related to easements and dirt roads to properties and development around them. Some have gone on for years, as a matter of fact. And some are still going on. I also agree that -- I don't believe it's necessarily something that we need to take on by taking an action this .J� Meridian City Council August 9, 2005 Page 55 of 58 r evening and solving. This is an issue that the applicant and the adjacent property owners need to work out. They have legal and binding contracts with one another, they need to work those out. If the city were to take action this evening or anytime in the future without those being worked out, I agree with our attorney's advice, we, then, are pulled into it. Having said that, I would move that we continue the Public Hearing and direct the applicant to resolve these stated issues, particularly as it relates to easement and access and that they be in contact back with city staff to where we can reschedule the hearing to a date certain. Donnell: I'll second that motion. Rountree: Or do I need a date certain? De Weerd: We do need a date certain. Nary: I was going to suggest a date certain. Bird: Yeah, you need a date certain. Rountree: I would add a date certain, then, to August 30th. Donnell: Second would agree. Bird: That's our budget public hearing. Rountree: September 6th. Donnell: Okay. Second agrees. De Weerd: Okay. So, there is a motion on the floor to continue this Public Hearing to August -- I'm sorry -- September 6th and to ask that the applicant work with the surrounding property owners. LDS church to the north and the property owners to the west to -- Aguilar: May I make a statement? De Weerd: Not right now. So, all those in favor say aye. Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Applicant? Aguilar: Jessica Aguilar with Hawkins Companies. I appreciate your concern, but I just want to restate -- and I know the motion has been made, so we can't -- or maybe we can adjust it. We have already negotiated with the LDS church. They don't want to "*1 Meridian City Council August 9, 2005 Page 56 of 58 negotiate with us. We are not changing the use of those western properties. We are not changing the access whatsoever. We have totally designed our project around it and made more or less a corridor there for potential development if and when it ever happens. We don't know. I appreciate the city and staff -- planning staff concern that you guys are trying to be proactive and look out in a crystal ball for a potential development down the road, but we don't have that crystal ball. We are not changing anything. I don't see why the burden is on this property to try and make a solution when we are not even a hundred percent sure what the problem may or may not be. Again, we are not changing access, the current access whatsoever. They have the ability to do a private lane there. They have the ability to go to the LDS church to pursue removing fences, curbs, or whatever. They have the ability to go to them to negotiate property. They have the ability to come to us to negotiate property. And we have made mechanisms, with support from city attorney and planning staff that we can't shut them down, we have mechanism that we can come to an agreement on a purchase price. There is language in there about getting approvals or if we don't see eye to eye on price, getting alternate appraisals and we can agree to a price. So, I don't understand why we should be additionally burdened on this church property to try and fix a problem that we don't even know what it is. De Weerd: I guess, ma'am, if we ignore this problem, we have an even greater one and this Council -- the city has experienced those problems in the past and they don't get smaller, they only get larger. And I think it is a responsibility of property owners to work those out. It's certainly not ours. Where we have left something like this unresolved, it has resulted in a lot of discontent among all the property owners. I think this is proactive and I think there needs to be a strong statement to all of the property owners to find a solution. We can ask that staff at ACHD be present during these discussions and to find something -- and if you'd like me there, I'd certainly would be there as well -- I don't think I can. You're right. It does need to be resolved. Aguilar: I guess I want to know what else we can offer, short of giving a donation of land, which it's not really our land per other agreements to donate. De Weerd: I don't think anyone is asking you to offer that as a donation. I do hear what Council has instructed, is a solution to this access to property that potentially is land locked because of the other lease arrangements, because of a loss of access -- Aguilar: They are not losing any access. De Weerd: Well, from what we heard from the representative from ACHD, they would not have a public access to that if they cannot purchase the land to the north to make it a 50 foot road. And that they would -- Aguilar: And that was the same for us, if we couldn't get the LDS church to cut off their access point on the Black Cat. So, that's why we had to move our access to the south. Bird: Madam Mayor? Meridian City Council August 9, 2005 Page 57 of 58 De Weerd: Mr. Bird. Bird: Ma'am, I mean would you be in the development agreement willing to say, hey, we will sell -- we don't expect -- I don't expect you to give anything away to make -- I mean what you do for the back just makes their value go up, so their developers can pay to bring it back. Aguilar: Sure. Bird: But would you -- would you give enough to have a public road there? Would you sell it to them? As it stands right now, it's 25 feet is all. Aguilar: If you read Exhibit E, it clearly states that there is a mechanism in here for that 25 feet. That does not prevent anybody -- the owners to ask for more than 25 feet. This was just specific to target that easement. Bird: Well, yeah, but -- that's true, but we don't disagree on that right now. De Weerd: I guess what I would suggest is that you work with our staff, get some clarity, and come back on the 6th with, hopefully, a possible solution. Nary: Madam Mayor, just so I can clarify, if I understand the Council's direction, you would like our staff, the applicant, the adjoining property owners, including the LDS church -- and, again, if some of them don't want to participate, I certainly can't make them, but to at least attempt to try to resolve some of these issues and, then, report that back to you on the 6th and, then, go forward where ever it's -- De Weerd: And, please, that ACHD is -- Nary: Right. I'm sorry. ACHD as well. Adjoining property owners, city staff, the applicant -- again, we can have this discussion. We may not resolve anything, but we at least want to make that attempt before we come back to you on the 6th. That's your expectation. De Weerd: This is. Nary: We can do that. Aguilar: Thank you. De Weerd: Thank you. Council, just one final comment. On August 30th, immediately following the budget presentation, because of some of our expansion at a sewer treatment plant and some of the pressures in the south, we would like to meet with Council and the Planning and Zoning Commission to discuss the sewer treatment plant ,/1 Meridian City Council August 9, 2005 Page 58 of 58 and sewer planning. And, certainly, Brad and John Shawcroft are -- we kind of talked about it a little bit today at the directors meeting, so it's very timely that we do that. Nary: Madam Mayor, could I ask one more question? I'm assuming, Mrs. Canning, we would have an address for all of those adjacent property owners to send them a notice to do that. Thank you. Sorry. De Weerd: Okay. Bird: Madam Mayor, I move we adjourn. Rountree: Second. De Weerd: Okay. All those in favor say aye. MOTION CARRIED: ALL AYES. De Weerd: Thank you. MEETING ADJOURNED AT 9:58 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) rn tip 0-71 w , Gd� Cok, gc�t PreJ.`�fe ATTESTED' WILLIAM G DATE APPR �o �BERG=,JR., V CLEF MERIDIAN CITY COUNCIL MEETING August 9, 2005 n APPLICANT ITEM NO. 5-D REQUEST Sanitary Sewer and Water Main Easement Agreement for Strada Belliissima AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Memo -ft Marr N W"M & CRY Codi Frorm. Karle Glenn CC: File IV 1 AN *,,.. A10I City of Merldim Public Wo*s Dept. -V 1101 i- , 4u ; : =7k.-FTINMT 7,20-2.1721L OM 1) Sanitary Sewer and Water Main Easement forStradaftlis-sima- Typical Sanitary Sewer and Water Main Easement Recommended Council Action: Approve the Sanitary S~ and Water Main Easement for Strada Bellissima and authorize the Mayor to sign and City Clark to attest. Zi . * Page 1 r /'\ SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this �ZLy of July, 2005 between Strada Bellissima, L.L.C., the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, Sanitary Sewer and Water Main Easement Page 1 C046123 EASMT.S&W 072105 100 which would interfere with the use of said easement, for the purposes stated herein. 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. Strada Bellissima, L.L.C. By: Evans Construction Management Company, its member By: Richard D. Evans, its president /� , e zz- Aichard D. Evans President Evans Construction Management Company STATE OF IDAHO ) ss County of Ada ) On this day of July, 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Richard D. Evans, known or identified to me to be the President of Evans Construction Management Company, one of the members of Strada Bellissima, L.L.C., and the member or one of the members who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of said Evans Construction Management Company, and that such corporation executed the same in said limited liability company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. 214.4 -bveL1-� � ��qTF nR Sanitary Sewer and Water Main Easement Page 2 C046123 EASMT.S&W 072105 /"ftA EXHIBIT "A" SEWER MAIN AND WATER LINE EASEMENT FOR STRADA BELLISSIMA SUBDIVISION A sewer main and water line easement over, under and across a parcel of land being a portion of the SE1/4 of the SEI/4 of Section 24, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at an aluminum cap monument marking the SE Comer of said Section 24, thence along the South line of said Section 24, N89120'52"W a distance of 326.92 feet to a point, from which an aluminum cap monument marking the SW Corner of the SEI/4 of the SE1/4 of said Section 24 bears N89°20'52"W a distance of 993.18 feet, thence leaving said South line N00°39'08"E a distance of 74.29 feet to a point on the North right-of-way line of W. Victory Road being the POINT OF BEGINNING of the following described sewer main and water line easement; Thence along said North right-of-way line and along the are of a curve to the right having a radius of 318.31 feet, an are length of 20.16 feet, a central angle of 3°37'41", and a chord which bears N60044'58"W a distance of 20.15 feet to a point; Thence leaving said North right-of-way line N36°18' 14"E a distance of 49.84 feet to a point; Thence N45'39'1 0"E a distance of 116.05 feet to a point; Thence N00°39'1 0"E a distance of 84.77 feet to a point; Thence N27°21'38"W a distance of 38.32 feet to a point; Thence N00°39'l 0"E a distance of 49.97 feet to a point; Thence N89°21'50"W a distance of 18.50 feet to a point; Thence N00°39' 10"E a distance of 20.00 feet to a point; Thence S89°21'50"E a distance of 18.50 feet to a point; Thence N00°39'1 0"E a distance of 207.71 feet to a point; Thence N28°39'57"E a distance of 38.32 feet to a point; Thence N00°39'1 0"E a distance of 115.23 feet to a point; Thence N89°20'50"W a distance of 10.88 feet to a point; Thence N00°39'10"E a distance of 20.00 feet to a point; Thence S89°20'50"E a distance of 8.90 feet to a point; Thence N00°00'00"E a distance of 17.89 feet to a point; Thence S90°00'00"E a distance of 20.93 feet to a point; Thence N64°37' 13"E a distance of 70.40 feet to a point; Thence N00°39'1 0"E a distance of 66.72 feet to a point; Thence N89°20'50"W a distance of 28.96 feet to a point; Thence N00°39' 10"E a distance of 10.00 feet to a point; Thence S89°20'50"E a distance of 28.96 feet to a point; Thence N00°39'1 0"E a distance of 70.00 feet to a point; Thence N89°20'50"W a distance of 28.96 feet to a point; Thence N00°39' 10"E a distance of 17.50 feet to a point; Thence S89°20'50"E a distance of 28.96 feet to a point; C046123_sewer-water easement legal_OS2305hwe.doc Thence N00°39' 10"E a distance of 66.75 feet to a point; Thence N63°18'53"W a distance of 91.26 feet to a point; Thence N00°39' 10"E a distance of 199.82 feet to a point; Thence N84°05' 14"E a distance of 9.36 feet to a point; Thence along the arc of a curve to the right having a radius of 153.00 feet, an arc length of 17.35 feet, a central angle of 6'29'52", and a chord which bears N87°21' 10"E a distance of 17.34 feet to a point; Thence S89°24'54"E a distance of 5.39 feet to a point; Thence S00°39'1 O -W a distance of 7.71 feet to a point; Thence S89°20'50"E a distance of 9.54 feet to a point; Thence S00°39' 10"W a distance of 20.00 feet to a point; Thence N89°20'50"W a distance of 9.54 feet to a point; Thence S00°39' 10"W a distance of 66.96 feet to a point; Thence S89°20'50"E a distance of 26.46 feet to a point; Thence S00°39' 10"W a distance of 17.50 feet to a point; Thence N89°20'50"W a distance of 26.46 feet to a point; Thence S00°39'1 O"W a distance of 69.74 feet to a point; Thence S63'1 8'53"E a distance of 91.26 feet to a point; Thence S00°39' 10"W a distance of 77.10 feet to a point; Thence S89°20'50"E a distance of 8.22 feet to a point; Thence S00°39' 10"W a distance of 20.00 feet to a point; Thence N89°20'50"W a distance of 8.22 feet to a point; Thence S00°39'1 O"W a distance of 173.92 feet to a point; Thence S65°08'49"W a distance of 90.85 feet to a point; Thence S00°39' 10"W a distance of 70.56 feet to a point; Thence S89°20'50"E a distance of 26.46 feet to a point; Thence S00°39' 10"W a distance of 17.52 feet to a point; Thence N89°20'50"W a distance of 26.46 feet to a point; Thence S0099'1 O"W a distance of 58.19 feet to a point; Thence S45°39'1 O"W a distance of 25.46 feet to a point; Thence S00°39' 10"W a distance of 36.29 feet to a point; Thence S89°20'50"E a distance of 26.44 feet to a point; Thence S00°39' 10"W a distance of 10.00 feet to a point; Thence N89°20'50"W a distance of 26.44 feet to a point; Thence S00°39' 10"W a distance of 70.49 feet to a point; Thence S89°20'50"E a distance of 26.44 feet to a point; Thence S00°39'l O"W a distance of 10.00 feet to a point; Thence N89°20'50"W a distance of 26.44 feet to a point; Thence S00°39'1 O"W a distance of 42.42 feet to a point; Thence S89°20'50"E a distance of 10.00 feet to a point; Thence S00°39' 10"W a distance of 20.00 feet to a point; Thence N89°20'50"W a distance of 10.00 feet to a point; Thence S00°39' 10"W a distance of 77.73 feet to a point; Thence S44°20' 50"E a distance of 14.24 feet to a point; Thence S90°00'00"E a distance of 16.92 feet to a point; C046123_sewer-water easement legal_052305hwe.doc 2 Thence S00100100"W a distance of 10.00 feet to a point; Thence N90100'00"W a distance of 9.10 feet to a point; Thence S00°39' 10"W a distance of 49.17 feet to a point; Thence S54°20'50"E a distance of 32.31 feet to a point; Thence S00°24' 18"W a distance of 19.77 Feet to a point; Thence N54°20'50"W a distance of 32.42 feet to a point; Thence S00°39' 10"W a distance of 31.41 feet to a point; Thence S45°39'10"W a distance of 64.30 feet to a point; Thence S44'20'5 0"E a distance of 3 6.8 9 feet to a point; Thence S45°39'1 0"W a distance of 20.00 feet to a point; Thence N44°20'50"W a distance of 26.88 feet to a point; Thence S45°39' 10"W a distance of 14.27 feet to a point; Thence N44°20' S0"W a distance of 10.01 feet to a point; Thence S45°39' 10"W a distance of 41.10 feet to a point; Thence S36°18'14"W a distance of 45.73 feet to the POINT OF BEGINNING. Said easement contains approximately 46,998 square feet or 1.08 acres, more or less and is subject to all existing easements and rights -of -ways of record or in use. C046123_sewer-water easement_legal_052305hwe.doc 10011. L2 125 C2 L27 L28 n0� L29 V W L32 OI L,33 ;7I V S6 7 �6 26��8 v L22 N L20 O L18 �I EXHIBIT "B" SEWER MAIN AND WATER LINE EASEMENT FOR STRADA BELLISSIMA SUBDIVISION LOCATED IN THE SE1/4 OF THE SEI/4 OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, k .3s ADA COUNTY, IDAHO L J7 rn L.J8 I^ I "L 16 I p h � V IO A112 r13�1k L11 L 10�'S 90 85 L9 �I �42 L41 a 46 ^I L48 L47 NI � W v k550 2 L51 L54 L L55 hl L56 VL4 v n� L58 L59 N N L60 � v L61 �) N I `61' O� b b _ �6s L64 1 �6 9 h 169 NORTH RIGHT-OF-WAY LINE -N\ W. VICTORY ROAD �1 170 Scole: I"=100' LEGEND SECTION LINE - - - LINE TABLE NUMBER LENGTH BEARING LI 49.84 N36'1B'14"E L2 38.32 N27'21'38"W L3 49.97 N00'39'10"E L4 18.50 N89'21'50"W L5 20.00 N00'39'10"E L6 18.50 S89'21'50"E L7 38.32 N28. 39'57"E L8 115.23 N00'39'10"E L9 10.88 N89'20'50"W L10 20.00 N00'39'10"E L11 8.90 S89'20'50"E L12 17.89 N00'00'00"E L13 20.93 S90'00'00"E L14 70.40 N64'37'13"E L15 66.72 NOO'39'10"E L16 28.96 N8920'S0"W L17 10.00 NOD'39'10"E L18 28.96 589'20'50"E L19 70.00 N00'39'10"E L20 28.96 N89'20'S0'W L21 17.50 NOO-39.10"E L22 28.96 S89'20'50"E L23 66.75 N00'39'10"E L24 9.36 N84'05'14"E L25 5.39 S89'24'54"E L26 7.71 S00'39'10"W L27 9.54 589'20'50"E L28 20.00 SOO,39,10"W L29 9.54 N89'20'50"W L30 66.96 S00'39'10"W L31 1 26.46 S89'20'50"E L32 17.50 S00'39'10"W L33 26.46 N89'20'50"W L34 69.74 S00'39'10"W L35 77.10 S00'39'10"W L36 8.22 S89'20'50"E L37 20.00 S00'39'10"W L38 8.22 N89'20'50"W L39 70.56 S00'39'10"W L40 26.46 S89'20'50"E L41 17.52 S00'39'10"W L42 26.46 N89'20'50"W L43 58.19 500'39'10"W L44 25.46 S45'39'10"W L45 36.29 S00'39'10"W L46 26.44 589'20'50"E L47 10.00, S00'39'10"W L48 26.44 N89'20'50"W L49 70.49 S00'39'10"W L50 26.44 S89'20'50"E L51 10.00 S00'39110"W L52 26.44 N89'20'50"W L53 42.42 S0939'10"W L54 10.00 S89'20'50"E L55 20.00 S00'39'10"W L56 10.00 N89'20'50"W L57 77.73 S00'39'10"W L58 14.24 S44'20'50"E L59 16.92 S90100'00"E L60 10.00 S00100'00"W L61 9.10 590'00'00"W L62 49.17 S00'39'10"W L63 32.31 S54'20'50"E L64 19.77 S00'24'18"W L65 32.42 N54'20'50"W L66 31.41 S00'39'10"W L67 64.30 545'39'10"W L68 36.89 S44'20'50"E L69 20.00 S45'39'10"W L70 26.88 N44'20'50"W L71 14.27 S45'39'10"W L72 10.01 N44'20'50"W L73 41.10 S45'39'10"W L74 45.73 S36'18'14"W L2 125 C2 L27 L28 n0� L29 V W L32 OI L,33 ;7I V S6 7 �6 26��8 v L22 N L20 O L18 �I EXHIBIT "B" SEWER MAIN AND WATER LINE EASEMENT FOR STRADA BELLISSIMA SUBDIVISION LOCATED IN THE SE1/4 OF THE SEI/4 OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, k .3s ADA COUNTY, IDAHO L J7 rn L.J8 I^ I "L 16 I p h � V IO A112 r13�1k L11 L 10�'S 90 85 L9 �I �42 L41 a 46 ^I L48 L47 NI � W v k550 2 L51 L54 L L55 hl L56 VL4 v n� L58 L59 N N L60 � v L61 �) N I `61' O� b b _ �6s L64 1 �6 9 h 169 NORTH RIGHT-OF-WAY LINE -N\ W. VICTORY ROAD �1 170 Scole: I"=100' LEGEND SECTION LINE - - - EASEMENT LINE ...... ..... .1, ... I ... ..... TIE LINE ® FOUND ALUMINUM CAP m P.O.B. POINT OF BEGINNING o CALCULATED POINT SW CORNERc P'0'B' L71 SE1/4; SE1/4 N00'39'08"E L72 SECTION 24 74.29' SE CORNER -SECTION 24 v 99_3.18' - - 326.92_ - _® N89°20'52"W 1320.10' . CURVE TABLE NUMBER LENGTH RADIUS DELTA TANGENT CHORD CHORD BRG . 20.16 1 318.31 1 3'37'41" 1 10.08 1 20.15 1 N60'44'58"W -Cl C2 1 17.35 1153.001 6.29'52" 1 8.69 1 17.34 N87'21'10"E SW CORNERc P'0'B' L71 SE1/4; SE1/4 N00'39'08"E L72 SECTION 24 74.29' SE CORNER -SECTION 24 v 99_3.18' - - 326.92_ - _® N89°20'52"W 1320.10' h 101N MERIDIAN CITY COUNCIL MEETING August 9, 2005 APPLICANT ITEM NO. Jr -E REQUEST Water Service Easement for Metro Car Wash by EP Crossing, LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall became property of the City of Meridian. Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 8/1/2005 Re: Proposed Agenda Items for 8/9/05 City Council Meeting /'1 City of Meridian Public Works Dept. 4005 The Public Works Department respectfully requests that the following items be placed on the 8/9/05 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Service Easement for Metro Car Wash by EP Crossing LLC. Typical Water Service Easement. Recommended Council Action: Approve the Water Service Easement for Metro Car Wash by EP Crossing LLC and authorize the Mayor to sign and City Clerk to attest. 2) Water Service Easement for Metro Car Wash by ABC2 LLC. Typical Water Service Easement. Recommended Council Action: Approve the Water Service Easement for Metro Car Wash by ABC2 LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 /"\ A001%, WATER SERVICE EASEMENT THIS INDENTURE, made this 1 st day of July, 2005 between EP Crossings, LLC, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party ofthe second part, and hereinafter called the Grantee; PIMA I 12 1 MMM ism on 11 WHEREAS, the Grantors desire to provide a water right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water jj6A is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will. be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the constructio4 operation, maintenance, repair, replacementof a water over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easementhereby granted is for the purpose of construction and operation of a water line and their allied facilities, togetherwith their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, 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 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 relinquihed. Water Service Easement Page 1 EASMT- WTR. doc /'1 100"-, 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. dent— /y Secretary STATE OF IDAHO ) ss County of Ada % ) On this ! day of , 200,5, before me the undersigned, a Notary Public in and for said State, personall peared t ffG and , known or identified to me to be the, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITT,SFi�,j�jJ�EREOF, I have hereunto set my hand and affixed my official seal the day and year fist �bAitter''•., Y . • �.�.,` s NOTARY PUBLIC RID O pU,$ LiG • •�Z Residing at •,•'4'T DO. OF Commission Expires: ! `� M D P •ti. F O F i.:•. GRANTEE: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Water Service Easement Page 2 WTR.doc EASMT- Project No.: 2879 Date: July 28, 2005 /"Wv TEALEY'S LAND SURVEYING r 2501 Bogus Basin Rd. • Boise, Idaho 83702 (208) 385-0636 Fax (208) 385-0696 EXHIBIT "A" DESCRIPTION OF MERIDIAN WATER SERVICE EASEMENT EP CROSSINGS, LLC A parcel of land being a portion of Lot 1 of Block 1 of Reagan Subdivision as on file in Book 92 of Plats at Pages 10880 and 10881 in the Office of the Recorder for Ada County, Idaho, situated in the NW 1/4 of Section 9, T. 3N., RAE., B.M., Meridian, Ada County, Idaho and being more particularly described as follows: COMMENCING at a brass cap marking the West 1/4 comer of said Section 9; thence along the South line of said NW 1/4 South 89°20'42" East 70.00 feet to a point on the extended West line of said Lot 1; thence along said extended West line North 01008'42" East 66.48 feet to an iron pin marking the Southwest comer of said Lot 1; tk!rnce continuing along the West Line of said Lot 1 North 01 °08'42 East 124.57 feet to a point; thence leaving said West line South 89°20'42" East 187.93 feet to the POINT OF BEGINNING; thence at right angles North 00039'18" East 37.12 feet to a point; thence South 88°51'18" East 20.00 feet to a point; thence South 00°39'18" West 36.95 feet to a point; thence North 89020'42" West 20.00 feet to the POINT OF BEGINNING. 2879-Water-Serve-1-des.doc - dnm W 0-4 cu; i ILo o a , � 1�1 Z V! rr' tV NORTH EAGLE ROAD (STATE HWY 55) /TV n.I U) rn 010 CA 3D m v Lry m ! N 01*08,424k: N 01"08'42" F 124,5?' 71 F- 6.49 - - - — T i5 U) ». Q .7. r- En�rr 7D 0 i � x�_ � � ►- 1� j I � � ao 1 E W 0-4 cu; i ILo o a , � 1�1 Z V! rr' tV A_ P {�ii s ,. 0 Sn Jl n b is P7 � � n � , � 1�1 Z rr' SED pt 2 /TV n.I rn CA 3D m v m MERIDIAN CITY COUNCIL MEETING August 9, 2005 APPLICANT ITEM NO. 5'F REQUEST Water Service Easement for Metro Car Wash by ABC2, 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: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached 10 \ /Ift% WATER 5 EASEMENT THIS INDENTURE, made this 1 st day of July, 2005 between ABC2, 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; VIN I IN =40 081 WHEREAS, the Grantors desire to provide a water ,"v— right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water R j is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessaryto maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the constructioi} operation, maintenance, repair, replacementof a water $§fflft 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 and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after 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 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 relinquiJred. Water Service Easement Page 1 EASMT- WTR.doc THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Secretary STATE OF IDAHO ) ) ss County of Ada ) �r On this day of , 206 before me the ndersigned, a Notary Public in and for said State, personall ppear d /V •� c I✓,G ` and , known or identified to me to be the respectively, of the Vaencorporation that executed the within instrument, andwredgedto=et�at such corporation executed the same. IN fist �OTAR J. •41 ��/' J, �� AUB LIC 6,��t/iit4t� 'b , I have hereunto set my hand and affixed my official seal the day and year GRANTEE: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk NOTARY PUBLIC FOR IDAHO Residing at f Commission Expires: / /a Approved By City Council On: Water Service Easement Page 2 WTR.doc EASMT- Project No.: 2879 Date: July 28, 2005 TEALEY'S LAND SURVEYING 2501 Bogus Basin Rd. • Boise, Idaho 83702 (208) 385-0636 Fax (208) 385-0696 EXHIBIT "A" DESCRIPTION OF MERIDIAN WATER SERVICE EASEMENT ABC2, LLC A parcel of land being a portion of Lot 1 of Block 1 of Reagan Subdivision as on file in Book 92 of Plats at Pages 10880 and 10881 in the Office of the Recorder for Ada County, Idaho, situated in the NW 1/4 of Section 9, T. 3N., R.1 E., B. M., Meridian, Ada County, Idaho and being more particularly described as follows: COMMENCING at a brass cap marking the West 1/4 corner of said Section 9; thence along the South line of said NW 1/4 South 89°20'42" East 70.00 feet to a point on the extended West line of said Lot 1; thence along said extended West line North 01'08'42" East 66.48 feet to an iron pin marking the Southwest comer of said Lot 1; thence continuing along the West Line of said Lot 1 North 01 008'42" East 124.57 feet to a point; thence leaving said West line South 89°20'42" East 187.93 feet to the POINT OF BEGINNING; thence continuing South 89°20'42" East 20.00 feet to a point; thence at right angles South 00°39'18" West 10.00 feet to a point; thence at right angles North 89020'42" West 20.00 feet to a point; thence at right angles North 00°39'18" East 10.00 feet to the POINT OF BEGINNING. 2879-Water-Serve-2-des.doc - dnm loolkk (5 w W Ld !Of C) L.L C) 7 Lr% ul w LLJ La 113 z u 0 DY Zo E, Lj o < N Ln U)0 V) U% C;6 ce jm Z' A - cn, C -S CE 31: 0 w in -i mi: Ct �F CD F= C) loolkk ED L (5 w W Ld !Of C) L.L C) 7 Lr% ul w LLJ La 113 z u 0 DY Zo o < N Ln U)0 U U% ce jm Z' A - ED L (5 w W Ld !Of L.L C) 7 Lr% ul -j LLJ La 113 z u 0 DY at cia r, o o < N Ln U U% ED L (5 Lr) u):: W C> !Of C) 'o -j LLJ La 113 0 cy- Z 0 crj 0, Cy W Z Y 8 C) z W LU 39 10 Z OW 10 M 0 IL (55; AMH 3IViS) CIVOd 31DVI HIUON 0- C) -j La z u 0 DY at cia r, o o < N Ln ED ce jm Z' 31: 0 w in -i mi: z W LU 39 10 Z OW 10 M 0 IL (55; AMH 3IViS) CIVOd 31DVI HIUON i"\ MERIDIAN CITY COUNCIL MEETING August 9, 2005 APPLICANT ITEM NO. S -G REQUEST License Agreement with Nampa Meridian Irrigation District for Strada Bellissima, LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meeiinps shall become property of the City of Meridian. Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 8/03/2005 Re: Proposed Agenda Item for August 9, 2005 City Council Meeting a is NIeI-;(Ii ' The Public Works Department respectfully requests the following item be placed on the August 9 City Council agenda, under Consent Agenda, for Council's consideration: License Agreement for the Strada Bellissima LLC. A request for license agreement with the Nampa and Meridian Irrigation Districts to construct a sewer line across the Kennedy Lateral within Meridian -Kung Road has been received by the Public Works Department. This license agreement is necessary in order to construct the Strada Bellissima Subdivision: Recommended Council Action: The Public Works Department recommends that City Council approves the License Agreement to construct sewer line across the Kennedy Lateral within Meridian-Kuna Road 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 1 William F. Ringert, of Counsel Samuel Kaufman (1921-1986) Steve Solecki Pinnacle Engineers, Inc. 12552 W. Executive Dr., Suite B Boise, ID 83713 Re: Request for License Agreement with Nampa & Meridian Irrigation District to construct sewer line under the Kennedy Lateral within Meridian -Kung Road. Dear Steve: Enclosed for review and signature are duplicate originals of the above -referenced License Agreement which you requested on behalf of Strada Bellissima, LLC, and the City of Meridian. Both originals of the Agreement must be signed and notarized as indicated by both Strada Bellissima, LLC, and the City of Meridian. Do not date the agreement. If both originals are executed and returned to me by July 27, 2005, I will be able to submit the agreement to the District's Board of Directors for approval and signature at the Board's next meeting on August 2, 2005. The District will then have its original recorded and return your original to you with a bill for our services in preparing the agreement and the recording fees. Please contact me if you have any questions. Yours very truly, Bryce Farris Enclosures 455 South Third Street . P.O. Box 2773 . Boise, Idaho 83701 . 208/342-4591 FAX 342-4657 CLARK CHARTERED Laura E. Burn �' Jeffrey R. Christenson LAWYERS David P. Claiborne D. Blair. Clark S. Bryce Farris David Hammerquist Charles L. Honsinger James P. Kaufman Jennifer Reid Mahoney James G. Reid Daniel V. Steenson July 15, 2005 Allyn L. Sweeney William F. Ringert, of Counsel Samuel Kaufman (1921-1986) Steve Solecki Pinnacle Engineers, Inc. 12552 W. Executive Dr., Suite B Boise, ID 83713 Re: Request for License Agreement with Nampa & Meridian Irrigation District to construct sewer line under the Kennedy Lateral within Meridian -Kung Road. Dear Steve: Enclosed for review and signature are duplicate originals of the above -referenced License Agreement which you requested on behalf of Strada Bellissima, LLC, and the City of Meridian. Both originals of the Agreement must be signed and notarized as indicated by both Strada Bellissima, LLC, and the City of Meridian. Do not date the agreement. If both originals are executed and returned to me by July 27, 2005, I will be able to submit the agreement to the District's Board of Directors for approval and signature at the Board's next meeting on August 2, 2005. The District will then have its original recorded and return your original to you with a bill for our services in preparing the agreement and the recording fees. Please contact me if you have any questions. Yours very truly, Bryce Farris Enclosures 455 South Third Street . P.O. Box 2773 . Boise, Idaho 83701 . 208/342-4591 FAX 342-4657 eom*., /� LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this day of , 2005, by and among NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642; and STRADA BELLISSIMA, LLC, 9560 W. Pebble Brook Lane, Boise, Idaho 83703, party or parties of the second part, hereinafter collectively referred to as the "Licensee", WITNESSETH: WHEREAS, Licensee is the owner of real property and/or right-of-way for a sanitary sewer line (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District owns the irrigation ditch or canal known as KENNEDY LATERAL (hereinafter collectively referred to as "ditch or canal"), an integral part of the District's irrigation works and system, together with the easement therefor to convey irrigation water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and, WHEREAS, said ditch or canal and easement crosses Licensee's property and/or right-of-way as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, the City of Meridian, by execution of this agreement, agrees to assume the maintenance and operation of the sewer facilities constructed affecting said ditch or canal or the District's easement in the manner and under the terms and conditions hereinafter set forth after it provides final approval, in writing, and to be bound by the terms and conditions of this agreement and the City of Meridian agrees to assume the obligations and responsibilities as the Licensee which are imposed by this agreement once it provides final approval of the construction and installation; and, WHEREAS, it is necessary that the District protect its ditches and its right of way along its ditches; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: 1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's_ easement along said ditch or canal in the manner generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. 2. This agreement pertains only to the Licensee's modification of said ditch or canal or encroachment to the District's easement for the purposes and in the manner described herein. The Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter the ditch or canal in any manner not described in this agreement without first obtaining the written permission of the District. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation water in the ditch or canal or the delivery of irrigation water by the District; C. an increase in seepage or any other increase in the loss of water from the ditch or canal; d. the subsidence of soil within or adjacent to the easement; e. any other damage to the District's easement and irrigation works. 5. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 6. Licensee agrees that the work performed and the materials used in such construction shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 7. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which does not comply with the terms of this agreement, and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder, LICENSE AGREEMENT - Page 2 shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence of the District. 8. Neither the terms of this agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the j urisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. 9. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance or repair under this or any other paragraph of this agreement. 11. Licensee shall place no structures or landscaping of any kind above within the District's easement area except as referred to in this agreement or exhibits hereto without the prior written consent of the District. 12. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 13. The parties hereto understand and agree that the District has no right in any respect to impair LICENSE AGREEMENT - Page 3 A1111%, /'1 the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. 14. Nothing herein contained shall be construed to impair the right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation water. 15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. Licensee also agrees to pay any fees incurred in connection with the recording of this Agreement. 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 18. This agreement is not intended for the benefit of any third party and is not enforceable by any third party. 19. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in full force and effect. 20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. NAMPA & MERIDIAN IRRIGATION DISTRICT :S LICENSE AGREEMENT - Page 4 Its President ATTEST: Its Secretary CITY OF MERIDIAN M ATTEST: STRADA BELLISSIMA, LLC, By STATE OF IDAHO ) ss: County of Canyon ) On this day of , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Monte Janicek and Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at , Idaho My Commission Expires: STATE OF IDAHO ) )ss. County of Ada ) LICENSE AGREEMENT - Page 5 On this day of , 2005, before me, the undersigned, a notary public in and for said state, personally appeared and , known to me to be the and , respectively, of the CITY OF MERIDIAN, the political subdivision and municipality that executed the foregoing instrument, and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Residing at , My Commission Expires: STATE OF IDAHO ) )ss. County of -6--0— ) On this _'day of , 2005, before me, the undersigned, a notary public in and for said state, personally appea dam; �,k C qo-"S , known to me to be the nna.noga,rY,Qrv�,l�ii of STRADA BELLISSIMA, LLC, the entity that executed the foregoing instrument, and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. -A / 11A /J G, L . 24A 000 �y . tar, di 4 ° m• °Y o0 fit• 9 64 •'� o` T P -o eao�F OF LICENSE AGREEMENT - Page 6 Public for gat tjaJIAZK nmission Expires: 1 O EXHIBIT A-1 Legal Description A right-of-way for a sewer line within Meridian-Kuna Road in the NE1/4 of Section 24, Township 3 North, Range 1 West, B. M., Ada County, Idaho. EXHIBIT C Purpose of License The purpose of this License Agreement is to permit Licensee to: 1. construct, install and maintain a sanitary sewer line within, across and under the District's easement for the Kennedy Lateral all within or near Licensee's real property described in Exhibit A and the right-of-way described in Exhibit A-1, located where Meridian-Kuna Road intersect the Kennedy Lateral in Meridian, Ada County, Idaho. EXHIBIT D Special Conditions a. Construction shall be in accordance with Exhibit D-1, attached hereto and by this reference made a part hereof. b. Licensee shall notify the water superintendent of the District prior to and immediately after construction so that he or the District's engineer's may inspect and approve the construction. C. The Licensee recognizes and acknowledges that the license granted in this agreement by the District pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this agreement shall be of no force and effect. d. The parties expressly agrees that the City of Meridian shall not be considered the Licensee under the terms of this agreement until the City of Meridian provides final approval, in writing, of the construction and installation of the sewer and water lines described in Exhibit C of this agreement and takes over the operation and maintenance of said sewer and water lines. Until such time as the City of Meridian provides final approval in writing, the covenants, conditions and obligations of this agreement shall be binding upon Strada Bellissima, LLC, and its agents and successors in interest. At such time as the City of Meridian does provide final approval of the construction and installation of the sewer and water lines, the parties agree that Strada Bellissima, LLC, shall be released from any obligations, conditions or covenants of this agreement, and Strada Bellissima, LLC, shall no longer be considered the Licensee under the terms of this agreement. LICENSE AGREEMENT - Page 7 e. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, nor perform any construction or activity within the District's easement for the Kennedy Lateral except as referred to in this agreement or exhibits thereto without the prior written consent of the District. The District's easement for the Kennedy Lateral is 55 feet, 20 feet to the left and 35 feet to the right of the centerline looking downstream. f. Construction shall be completed one year from the date of this Agreement. Time is of the essence. LICENSE AGREEMENT - Page 8 Jul 13 05 02:45p Pinna/-lke Engineers, Inc. t2081�7-7781 p.2 EXHIBIT "A" STRADA BELLISSIMA SUBDIVISION Phase I A parcel of land being a portion of the SE1/4 of Section 24, Township 3 North, Range West, Boise Meridian, City of Meridian. Ada County, Idaho and more described as follows Commencing at a 5/8 inch rebar marking the SW corner of the SE 1/4 of said Section 24 From which an aluminum cap monument marking the SE corner of the SE 1/4 of said Section 24 bears S89°20'52"E a distance of 2639.45 feet, thence along the South line of. the SE 1/4 of said Section 24, also being the centerline of W. Victory Road S89"20'52"E a distance of 1144.32 feet to a 5/8 inch rebar being the POINT OF"BEGINNING; Thence leaving said South line NO3'59'07"F, a distance of 292.17 feet to a 5/8 inch rebar; Thenen N08°35'25"W a distance of 202.79 feet to a 5/8 inch rebar; Thence N00°08'33"E a distance of 191.01 feet to a 5/8 inch rebar; Thence N29"31' 1 3"W a distance of 131.94 feet to a 5/8 inch rebar; Thence N20'1 9'49"W a distance of 113.42 feet to a 5/8 inch rebar; Thence N00°50' 12"E a distance of 232.28 feet to a 5/8 inch rebar; Thence N05°32'42"E a distance of 438.11 feet to a 518 inch rebar; Thence N85°12'48"E a distance of 265.57 feet to a 5/8 inch rebar on the East line of the N W 1 A of the SF 1, /4 of said Section 24; Thence along said East Iine S00°45'25"W a distance of 267.98 feet to a 5/8 inch rebar marking the NW corner of The SEI/4 of the SEI/4 of said Section 24; Thence leaving said East line and along the North line of the SETA of the SE- I/4 of said Section 24 S8912454"E a distance of 1252.33 feet to a 5/8 inch rebar marking the intersection of said North line and the Wcst right -or -way line of S. Meridian Road, also known as Idaho State Highway No. 69; Thence leaving said North line and along the West right-of-way line of said S. Meridian Road S00°39' 10" W a distance of 1245.08 feet to a 5/8 inch rebar; Thence N89°20' 50"W a distance of 10.00 feet to it 5/8 inch rebar; Ther:^c S00°39' 10"W a distance of 16.1>7 feet to a 5/8 inch rcblr; Thence S55°46' 12"W a distance of 48.72 feet to a brass cap monument marking the intersection ol'said West right-of-way Iine and the North right-of-way line W. Victory Road; Thence leaving said West right-of-way line and along the North right-of-way line: of said W. Victory Road N89°20'52"W a distance of 57.09 feet to a 518 inch rebar; Thence along the arc of a curve to the right having a radius of' 318.31 leet, an arc length of 194.40 feet, a central angle of 34"59'29" and a chord bearing of N73"54'32"W a distance of 191.39 feet to a brass cap monument; "Thence: leavin; said North right -of way line S39°57'56"W a distance of 25.09 feet to a 5/8 inch rebar on the centerline of said W. Victory Road; Thence along the centerline of said W. Victory Road N49°32'50"W a distance of 16.41 feet to a 518 inch rebar; Thence leaving said centerline N56°12'1 3"E a distance of 92.17 to a 5/8 inch rebar; Exhibit A, page 1 C046123_phasc1. bndy_legal_ 12.0804hwe.doc Jul 13 05 02:45p Pinnae Engineers, Inc. (208 )PAk7-7781 p.2 EXHIBIT "A" STRADA BELLISSIMA SUBDIVISION Phase I A parcel of laud being a portion of the SEI/4 of Section 24, Township 3 North, Rank 1 West, Boise Meridian, City of Meridian, Adz County, Idaho and more described as follows Commencing at a 5/8 inch rebar marking the SW corner of the SE 1/4 of said Section 24 From which an aluminum cap monument marking the SE corner of the SE1/4 of said Section 24 bears S89°20'52"E a distance of 2639.45 feet, thence along the South Gine of the SEI/4 of said Section 24, also being the centerline of W. Victory Road S89"20'52"E a distance of 1144.32 feet to a 5/8 inch rebar being the PONT OF BE -GINNING; Thence leaving said South line NO3°59'07"E a distance of 292.17 feet to a 5/8 inch rebar; Thence N08°35'25"W a distance of 202.79 feet to a 5/8 inch rebar; "Thence N00°08'33"E a distance of 191.01 feet to a 5/8 inch rebar; Thence N29°31' 1 ;"W a distance of 131.94 feet to a 5/8 inch rebar; Thence N20'1 9'49"W a distance of 113.42 feet to a 5/8 inch rebar; Thence N00°50' 12"E a distance of 232.28 feet to a 5/8 inch rebar; Thence N05"32'42"E a distance of 438.11 feet to a 518 inch rebar;. Thence N85°1 2'48"E a distance of 265.57 feet to a 5/8 inch rebar on the East line of the N W 1 A o 1' the SF_.1. /4 of said Section 24; 'Thence along said East line S00°45'25"W a distance of 267.98 feet to a 5/8 inch rebar marking the NW corner of the SEI/4 of the SE 1 /4 of said Section 24; Thence leaving said East line and along the North line of the SEI/4 of the SEI/4 of said Section 24 S89°24'54"E a distance of 1252.33 feet to a 5/8 inch rebar marking the intersection of said North line and the West right -of way line of S, Meridian Rodd, also known as Idaho State Highway No. 69; Thence leaving said North line and along the Voest right-of-way line of said S. Meridian Road SOO°39' 10" W a distance: of 1245.08 feet to a 5/8 inch rebar; Thence N89°20'50"W a distance of 10.00 feet to a 5/8 inch rebar; Ther -e SOO°39' 10"W a distance of 16,97 feet to a 5/8 inch rebar; Thence S55°46'.12"W a distance of 48.72 feet to a brass cap monument marking the intersection of said West right-of-way line and the North right-of-way lime W. Victory Road; Thence leaving said West right-of-way line and along the North right-of-way line of said W. Victory Road N89°20'52"W a. distance of 57.09 tent to a 518 inch rebar; Thence along the arc of a curve io the right having a radius oF318. 31 Feet, an arc length of 194.40 feet, a central angle of 34"59'29" and a chord bearing o1'N73°54'32"W a distance of 191.39 feet to a bratis cap monument; Thence leaving said North right-of-way line S39"57'56"W a distance of 25.09 feet to a 5/8 inch rebar on the centerline of said W. Victory Road; !.'hence along the centerline of said W. Victory Road N49°32'50"W a distance of 16.41 feet to a 5/8 inch rebar; Thence leaving said centerline N56°12'13 "E a distance of 92.17 to a 5/8 inch rebar; Exhibit A, page 1 .046123-phasrl , bndy_lenal- 12084hhwc.doc !a ca W AM Jul 12 05 09:42a Pinnacle Engineers, Inc. (2081887-7781 p.3 NOTE: NAVD 88 DATUM ,3.10'* CONVERSION EQUATION TO Nrvo 29 mum FIBER OPTIC DUCT BANK SHOWN IN APPROXIMA67E LOCATION ONLY. HORIZONTAL 0) 9 W ANO VERTICAL DISTANCES SHALL OF LOCATED BY CONTRACTOR TO VERIFY SEWER MAIN DOES a CONFLICT nGER OPTIC DUCT BANK. u a Lf P-41 w 'ill Ic N WHOM Iw -7 KUNA MERIDIAN ROAJ) Lj Lj _j '��,';"-'—.--'""-_-=-�`s-� _- _ � - �/ �- __=�500'GA'2_B"W �0_0.00�-n��..:�%�=..., -._ ' - - -- ' -- —_..__ ~ � L V) 0 z 'a Lai 0 w ?41 7 1.13 z 0 Z o 0 m 2650 z 0 _Z847 cn (A z W 4 -j 3 > mLLJ w 2611 2638 ALYMCD 21;35 DATE 395 LF 12- 1�n a DRAWN BY; _-.--._.—I_.-._..__._.. Exhibit D-1, page 1 "F2 DEStCHEO BY: SIM SMIXII. .1 7626 CHECKED BY: .It 0— 1". 24121 rXOJECT NO. 2629 Jul 12 05 09:43a Pinnacle Engineers, Inc. (2081$87-7781 p.4 r) • wt 17">---'-'-1'K V")_ --.._—why")' --SCS--wf / r rxR'two IWNNt:CY / CCANALIRRIMTx1N L `—r_—_.......,._—_��__....:...- ApM[1IfN I1pi11N6 IY u` • C"I.VCRT SEWER NAMI ANO SJWIfAkY s • \ r r ,kWR IMNNOI.1: W 7ROR,AM YYY t Li �WJ1.L / r CORE ORILL IMM EXWW SUM AND CONNECT MFW 19 _— • • / / r MIC. FORN CfRxN, A WA794—T10M �-. •n«—_ _ • _.wIr00. _- • .-fir.— .._ � _. — _ . _. ... . _. _— — PAN— - - • -� Ct¢� .-�{IIT `00 �-----•'aw�r--_.�_ w -.-♦`_"'mac: _ -•Y S00'34'26"W 4DO.00'-=--"'^-----•-- •� a< 517'14'35" E y8'. _�� ♦ ._I 1 •, ; -.. ATM OW0.00 �IJ0.O0' ` t♦ - 1-.. 1 ` ' _ / EI IE82M `�. . \ .l �� ♦ ♦ ♦ �aalmxNUTr inrarinry cn/ \ _♦\ I111ER '0 MLWJUNL J if ♦\ \ F'IJER OPTICS0CS UNE— r \ 1 it ♦ \ \\♦ \ ♦ 1 SCALLS: , 1' v30' HOR 7847 T` -3' vLH ` — -- ---- - ---- --- i - o ExI6TINM CROUNO / )n iS x 2638I 1 .� Nf.NNFDY CH 1- uI •—I --... _.. —__ - — -I--- - -- sox cUL4ERT ..-.-.....__L .t_ .-._..---..__... 2635- -- .. 2632--- 9699 t' -- --i- •I?�!C 2626 I -- 96' CF 7Z"PVCr�0.22X •---- - .. iv it Qar u 3 — NFGr1A ar d- ------... _ Box CU 2823 a 2620 ..... - ...---_—. -- --'-- ' - - -' — — --LATE -.. 2617 Exhibit D-1 .� . Page ..2__«.....- A*1\ /-`. MERIDIAN CITY COUNCIL MEETING August 9, 2005 APPLICANT ITEM NO. S -H REQUEST Black Cat Trunk Sewer and Lift Station Project Addendum No. 4 with JUB Engineers 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: gel 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 meeMngs shall became property of the City of Meridian. n Memo To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Brad Watson, P.E., Public Works Director Date: 8/03/2005 Re: Proposed Agenda Item for August 9, 2005 City Council Meeting 1 e nM Off, The Public Works Department respectfully requests the following item be placed on the August 9 City Council agenda, under Consent Agenda, for Council's consideration: Black Cat Trunk Sewer and Lift Station Proiect Addendum No. 4. JUB Engineers, Inc. has submitted a task order, scope of work, and budget for this design project. They propose to complete the work for $20,327. This is an extension of the agreement between the City of Meridian and JUB Engineers, Inc. approved by City Council on the 28th of January, 2003 for the Black Cat Trunk Sewer and Lift Station Project. This project consists of construction assistance services for the Black Cat Trunk Sewer Phase 1 and Black Cat Lift Station. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Black Cat Trunk Sewer and Lift Station Project Addendum No. 4 with JUB Engineers, Inc. for $20,327 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 1 AAM. -I 10% Uf J -U -B ENGINEERS, Inc. 250 S. Beechwood Avenue, Suite 201 • Boise, Idaho 83709-0944 • Telephone (208) 376-7330 • FAX (20) 323-y33b AUTHORIZATION FOR ADDITIONAL SERVICES — NO.4 CLIENT: CITY OF MERIDIAN PROJECT NAME: BLACK CAT LIFT STATION AND TRUNK SEWER J -U -B Project Number: 11873 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 approved by City Council on January 28, 2003. Additional Services: Provide continued construction assistance services as provided in previous Addendum No 3 Amend contract amount from $69,673 to $90,000 on a time and materials basis. The increased budget is required for the level of involvement in the construction Phase of the roiect. J -U -B ENGINEERS, Inc. was verbally authorized to provide these services by: n/a Name n/a 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: As outlined in previous Addendum No.3 Attachments "A-1" Dated this day of July, 2005. CITY OF MERIDIAN Print or Type Client Name By: Client or Representative Signature Tammy de Weerd Mayor Print or Type Name and Title Attest: William G. Berg, Jr., City Clerk J -U -B ENGINEERS, Inc. By: 41.0.�J a uen�.A Project R presentative Signature Phillip H Krichbaum P.E. — Project Manager Print or Type Name and Title Black Cat Lift Station h Trunk Sewer - Authorization for Additional Services No. 4 Page 1 /'N MERIDIAN CITY COUNCIL MEETING August 9, 2005 APPLICANT ITEM NO. 5'1 REQUEST Permanent & Temporary Easement Contract for the Black Cat Sewer Project 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 ... 1.4 t' ip L6.E�c,1 tri 4iP _i,�t . Memo To: Tammy de Weerd, Mayor From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 08/03/2005 Re: Proposed Agenda Item for August 9, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the August 9 City Council agenda, under Consent Agenda, for Council's consideration: Permanent and Temporary Easement Contract for the Black Cat Sewer Project. A temporary and permanent easement has been signed by Edward McNelis for dual pressure sewers located south of the wastewater treatment plant and west of 10 Mile Road. Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement contract for the dual pressure sewers located south of the wastewater treatment plant and west of 10 Mile Road for the landowner Edward McNelis and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 1 41- 8, 2005 12:43PM 000W., N o . 0 0 2 3 P 3 City of Meridian 33 East Idaho Street, Meridian, ID 83642 PERMANENT AND JEMPORARY EASEMENT CONTRACT - REVISION NO.1 Project 1i and Description: 011867 Black Cat Sewer Project Parcel # and Owner: SO434449413 Falcon Creek LLC, 621 North Robinson Road, Nampa, Idaho 83687 Date of Offer THIS RIGHT-OF-WAY CONTRACT, made this day of 2(x)5, hetween the City of Meridian, acting by its Mayor and Council, herein called "CITY" and Falcon Creek, LLC herein called "GRANTOR WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Permanent Sanitary Sewer Easement and Temporary Construction Easement included herewith as Exhibit "A".: NOW THEREFORE, the parties hereto agree as follows: 1. CITY shall pay GRANTOR and the lien holder., if any,, such sums of money and/or benefits as are set out below: ITEM DESCRIPTION AREA GROSS VALUE VALUATION EASEMENT VALUE (Ft2) ($/Ft2) FACTOR ($) Permanent Sanitary Sewer Easement 16,745 1.20 50% $10,100 , Temporary Construction Easement 39,499 120 10% x 50% (1/2yr) $ 2.400 Total Easement Offer $12,500 AdWstmmg $2,500 Adiusted Total Easement Offer S15mg 2. As set forth in the City of Meridian's Easement Acquisition Policy, the Granu)r may choose from two options for just compensation for both the permanent and temporary easements as determined by a certified real estate appraiser: O Cash Payment" in the amount of ❑ Donation value of the easement "'Grantor will receive payment for the permanent easement within four weeks following the recording of the easement and payment for the temporary construction easement at the expiration of the construction contract,. 3. This Contract shall not be binding unless and until executed by the Mayor and/or their authorized representatives. The parties have herein set out the whole of their agreement, the performance of which constitutes the entire consideration for the granting of said easement and shall relieve the CITY of all further claims or obligations on that account or on account of the location., grade, construction and maintenance of the proposed sanitary sewer line,. 4. The tern of the temporary easement shall expire when the construction contract terminates. 5. The parties whose names appear below as Grantors, covenant and warrant that they are the OWNERS of the property to which this document applies, are fully authorized to execute this document and forever bind themselves, their successors and assigns and the subject property to the terms set forth herein. IN WITNESS WHEREOF.. the parties have executed this contract the day and year first above written. CITY OF MERIDIAN By, Tammy de Weerd., Mayor Date: ATTEST: William Berg, Jr.., City Clerk Date approved by Council: GRANTOR Falcon Creek/, LLt / Date:--7/.)- V- 5/2/2005 ate:7/.)- 5/2/2005 gUoiref-jIcs\PubliclProjcctMenagers\PHK111873-Black C&M 1&73-PMTFsaemant-Pub1ic In1RLtckC;ilScwcru;;i3ementsViilcon Deck. LLC1FeIc0oCrcckFaxmcmConeacr- rev I .doe Jul 8. 2005 12:43PM 000VIA, /01*11 No -0023 P- 4 JOB. NO.. PROJECT �� �-'� DESIGNED ITEM &V"(-ZVF Sic C (i�"� CHECKED i I � La 1� S V—W'VjZ. LAS I I_ i 1 1. Cit LTi r -E u SHEET DATE _ DATE 641 5T r -L LT Jul. 8, 2005 12:43PM 00"411 loft� No -0023 P- 5 fJ U -BA i December 8, 2004 Edward McNelis Falcon Creek, LLC 621 North Robinson Road Nampa, ID 83687 Dear Mr. McNelis: JAJI-B ENGINEERS, Inc. CNGINEERS • SURVEYORS • PLANNERS 250 South Beechwood Avenue, Suite 201 Boise, Idaho 83709-09" 208-376-7330 FAX; 208.323-9330 On behalf of the City of Meridian, we extend our appreciation for your willingness to work with the City in the implementation of the Black Cat Sewer project., The project will result in providing important infrastructure to accommodate present and future service needs. This easement acquisition process has been an open and cooperative process that started with the City Council n. dopting a formal Easement Acquisition Policy. We invite your comments on the process used so we can continually mprove in providing services to this community. Enclosed with this letter you will find your copy of the Appraisal Report completed by Idaho Land and Appraisal; the contract which outlines our proposed agreement; and a copy of the easement document which will be recorded. The contract does refer back to the Easement Acquisition Policy with regard to your desired form of "Just Compensation", (j,m2 of the Contract. Payment received in this transaction is considered taxable income. After conferring with ur tax advisor, you may find that a donation is your desired choice. The City is planning to move forward with the construction, preferably this winter. To meet this schedule, we would like to finalize the easement as soon as possible. We will be contacting you two weeks from the date of this letter to continue the easement finalization. The next steps to this end are: e You approve the Contract as indicated by your signature., Ir • The Contract then must be agreed to by the City Council and Mayor (indicated by the Mayor's signature). a The signed Contract will then be returned to you for your records, and you will sign the Sanitary Sewer Easement document with a notarized signature. (Our consultant will arrange at your convenience.) a Within four weeks of the document recording, you will receive payment or donation documentation for your yPermanent Easement. a You will receive payment or donation documentation for the Temporary Construction Easement at the expiration of the Construction Contract.. If you have any questions concerning this process, please contact me or Candy Miller at 376-7330. Once again, thank you for your efforts in bringing this sanitary sewer project to completion. Respectfully, J-AHKri RS, Inc. Phbaum, P. . Project Manager PHKAhc CC.,. Brad Watson, P.E., City of Meridian Clint Dolsby, P. E., City of Meridian Enclosures:. Appraisal Idaho Code, Title 7, Chapter 7 (11 A) City of Meridian Sewer and Water Line Easement Acquisition Policy Permanent and Temporary Easement Contract - w'- ,Sanitary Easement Document and Exhibits viul. 8. 2005 12:44PM .-� r -ti No -0023 P- 6 Page 1 of 2 AN Idaho Statutes TITLE 7 SPECIAL PROCEEDINGS CHAPTER 7 EMINENT DOMAIN 7-711A. ADVICE OF RIGHTS FORM -- RIGHTS WHEN CONDEMNING AUTHORITY ACQUIRES PROPERTY. Whenever a state or local unit of government or a public utility is beginning negotiations to acquire a parcel of real property in fee simple, the condemning authority shall provide the owner of the property a form containing a summary of the rights of an owner of property to be acquired under this chapter. If the condemning authority does not supply the owner of the real property with this form, there will be a presumption that any sale or contract entered into between the condemning authority and the owner was not voluntary and the condemning authority may be held responsible for such relief, if any, as the court may determine to be appropriate considering all of the facts and circumstances. The form shall contain substantially the following (1) The (name of entity allowed to use eminent domain proceedings pursuant to chapter 7, title 7, Idaho Code) has the power under the constitution and the laws of the state of Idaho and the United States to take private property for public use. This power is generally referred to as the power of "eminent domain" or condemnation. The power can only be exercised when (a) The property is needed for a public use authorized by Idaho law; (b) The taking of the property is necessary to such use; (c) The taking must be located in the manner which will be most compatible with the greatest public good and the least private injury. (2) The condemning authority must negotiate with the property owner in good faith to purchase the property sought to be taken and/or to settle with the owner for any other damages which might result to the remainder of the owner's property. (3) The owner of private property to be acquired by the condemning authority is entitled to be paid for any diminution in the value of the owner's remaining property which is caused by the taking and the use of the property taken proposed by the condemning authority. This compensation, called "severance damages," is generally measured by comparing the value of the property before the taking and the value of the property after the taking. Damages are assessed according to Idaho Code. (4) The value of the property to be taken is to be determined based upon the highest and best use of the property. (5) If the negotiations to purchase the property and settle damages are unsuccessful, the property owner is entitled to assessment of damages from a court, jury or referee as provided by Idaho law. (6) The owner has the right to consult with an appraiser of the owner's choosing at any time during the acquisition process at the owner's cost and expense. (7) The condemning authority shall deliver to the owner, upon request, a copy of all appraisal reports concerning the owner's property prepared by the condemning authority. Once a complaint for condemnation is filed, the Idaho rules of civil procedure control the disclosure of appraisals. (8) The owner has the right to consult with an attorney at any time during the acquisition process. In cases in which the condemning authority condemns property and the owner is able to establish that just compensation exceeds the last amount timely offered by the condemning authority by ten percent (108) or more, the condemning authority may be required to pay the owner's reasonable costs and attorney's fees,. The court will make the Ju I - 8 - 2005' 12 :44PM •-. No -0023 P- 7 Page 2 of 2 determination whether costs and fees will be awarded. (9) The form contemplated by this section shall be deemed delivered by United States certified mail, postage prepaid, addressed to the person or persons shown in the official records of the county assessor as the owner of the property. A second copy will be attached to the appraisal at the time it is delivered to the owner. (10) If a condemning authority desires to acquire property pursuant to this chapter, the condemning authority or any of its agents or employees shall not give the owner any timing deadline as to when the owner must respond to the initial offer which is less than thirty (30) days. A violation of the provisions of this subsection shall render any action pursuant to this chapter null and void. (11) Nothing in this section changes the assessment of damages set forth in section 7-711, Idaho Code. The Idsho cods is Mads available on the Internet by the jAMho LeQislaturs ss a Public ssrvioe, This Internet wsreion of tbs Idaho Code May not be wed for coasraial purposes, nor say this database be published or repackaged for commercial sale without express writtao perMission. Search the Idaho Statutes Available Reference: Searc Instructions. The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law, I. C. § 9-350. According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial Purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of Idaho's copyright. Jut 8 - 2005 12 1 44PM No 0023 P - 8 J City of Meridian Sewer and Water Line Easement Acquisition Policies In order to provide for a uniform and equitable treatment of property owners of lands subject to the City of Meridian sewer and water line easement acquisition, and to adequately protect the best interests of the ratepayers of the City of Meridian as represented by the elected officials of the City, the following policies are adopted as procedural guides to be followed in sewer and water line easement acquisition: A.. Develop a preliminary map depicting easement location and define easement requirements for the purpose of preliminary property owner notification; B. Determine ownership from available public records at county assessor office; order preliminary title reports on all properties to affirm necessary ownership contacts; C.. Provide a written notice to each owner of property within the proposed easement of the City's intent to acquire such easement, including a copy of the Advice of Rights Form required by Idaho Code 7-711A served in the manner specified in that statute; D. Provide to property owners the two options for just compensation available to them for the permanent easement, dependent upon their desires and acceptable to the City. The third party appraisal to determine just compensation will be paid for by the City_' (1). Cash payment in the amount determined by a certified real estate appraiser to be just compensation (applying the before and after rule) for the easement, based upon the estimated market value of highest and best use for the property„ (2). Donative value of easement as determined by a certified real estate appraiser to be just compensation (applying the before and after rule) for the easement, based upon the estimated market value of highest and best use for the property. Owners will be advised to check with a tax professional of their own choosing regarding the tax effects, if any, of donation E. In addition to Item D, just compensation for use of a temporary construction easement area shall be made to Items D..1 or D.2 as follows - (1). Just compensation shall be based upon the market rent for use of the property over the period of construction as determined by a certified real estate appraiser or; (2). Property owner and City mutually agreed upon assessment method of rental or compensatory considerations of temporary utilization of the temporary construction. F.. Prepare final easement documents and legal descriptions„ G. Prepare and submit to the property owner an easement offer together with the appraisal performed on the property; Conduct good faith negotiations with the property owner if the values obtained through the third party appraiser and those identified by the property owner are found to differ. The property owners are free to obtain an additional appraisal (at their expense) if they question values established through the estimate by the appraiser.. All appraisals shall be completed in accordance with the Uniform Standards of Professional Appraisal Practice. Jul - 8. 2005 12:44PM ,.1 10� No -0023 P- 9 J. Obtain a final settlement of the easement acquisition (purchase or donation) or proceed with eminent domain proceedings if appropriate. A reasonable final settlement period shall be established as 30 days from when the offer letter is delivered, via certified mail, to subject property owner. K.. Commence eminent domain proceedings if final settlement cannot be reached in the settlement period specified in (J) above. The City Attorney will send appropriate demand letter with final offer prior to commencement of action.. 'In the event the easement value is considered (by the property owner) to be less than the cost of an appraisal by a certified appraiser, then at the property owners request and with agreement from the City, the property owner may elect to settle on the amount equal to the City's cost to procure an appraisal. The intent here is to allow the best use of funds for the smaller easement acquisitions. Definition of Terms Just Compensation' In condemnation, the amount of loss for which a property owner is compensated when his/her property is taken; should put the owner in as good a position financially as he or she would be if the property had not been taken; generally held to be market value. Before and after rule' In eminent domain valuation, a procedure in which just compensation is measured as the difference between the value of the entire property before the taking and the value of the remainder after the taking,. Highest and Best Use In appraising real property: The reasonably probable and legal use of property that is physically possible, appropriately supported, and financially feasible, and that results in the highest value. Market Value2 The most probable price which a property should bring in a competitive open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are typically motivated; 2. both parties are well informed or well advised, and acting in what they consider their best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash or in terms of financial arrangements comparable thereto; 5. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with this sale,. Market Rent2 The rental income that a property would probably command in an open market. Definition References: 1. The Dictionary of Real Estate Appraisal, a Edition. 2.. The Uniform Standards of Professional Appraisal Practice (USPAP), 2003 Edition Adopted by the City of Meridian May 27. 2003 by Resolution 0303 2 Jul 8- 2005 12:44PM J.% 10� No -0023 P- 10 EXHIBIT A SANITARY SEWER EASEMENT THIS INDENTURE, effective this day of , 2004, by the undersigned Edward McNelis, Member of Falcon Creek, LLC, a limited liability company which maintains a mailing address at 621 North Robinson Road, Nampa, Idaho 83687, hereafter referred to as "GRANTOR", for the benefit of the City of Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of 33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as "CITY"„ WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the CITY; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the CITY the right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property;. (SEE ATTACHED LEGAL DESCRIPTIONS) The Permanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and allied facilities, together with maintenance, repair and replacement at the convenience of the CITY, with the free right of access to such facilities at any and all times. The temporary construction easement is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire when the construction contract terminates at which time payment for the temporary construction easement will be sent by certified mail to the GRANTOR by the CITY. SANITARY SEWER EASEMENT, Page 1 of 3 Jul - 8- 2005 12:45PM j.. r No -0023 P- 11 TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said CITY, its successors and assigns forever,. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the CITY, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement., However, the CITY will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTOR does hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR does hereby covenant with the CITY 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.. SANITARY SEWER EASEMENT, Page 2 of 3 Jul. 8, 2005 12-.45PM ,r. r, No -0023 IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written.. GRANTOR (Notarize) STATE OF IDAHO) ) ss County of Ada ) ON THIS , day of , in the year Grmd�� before me, a Notary Public in tAnd /of said State, personally appeared W lf t n to me to be a member of the limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executec�he same. _ BENEFICIARY: CITY OF MERIDIAN By Tammy de Weerd, Mayor ATTEST: William Berg, Jr., City Cleric Date approved by Council - My Commission Expires SANITARY SEWER EASEMENT, Page 3 of 3 JuI- 8, 2005 12:45PM Engineers Surveyors Planners Project: 11873 Grantor: Falcon Creek LLC Parcel: 15 Date: December 15, 2003 EASEMENT DESCRIPTION No.0023 P- 13 That portion of the Southeast Y, of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: A permanent easement lying within the following described line: Commencing at the Southeast corner of Section 34, marked by a brass cap; thence along the Southerly boundary of said section, North 89'07'08" West, 923.68 feet to the No. 1 POINT OF BEGINNING; thence continuing Westerly along said line, North 89'0T08" West, 1117 feet; thence North 36'49"49" West, 734.84 feet; thence North 36' 21'36" West, 79,.35 feet; thence North 03' 00"54" East, 453.34 feet; thence South 86'1573" East, 15..00 feet; thence South 03'00"54" West, 447.78 feet; thence South 36'21"36 East, 815.61 feet to the POINT OF BEGINNING, Containing 0.384 acres (16,745 square feet), more or less.. TOGETHER WITH: A temporary easement lying within the following described line: Commencing at the Southeast corner of Section 34, marked by a brass cap; thence along the Southerly boundary of said section, North 89'07'08" West, 885..99 feet to the No, 2 POINT OF BEGINNING; thence continuing. Westerly along said line, North 89'07'08" West, 37.,68 feet; thence North 36'21'36" West, 815..61 feet; thence North 03'00'54" East, 447.78 feet; thence South 86' 15'23" East, 6612 feet; thence South 02'45'07' West, 20.,00 feet; thence North 86' 15'23" West, 36.11 feet; thence South 03'00'54" West, 416.,66 feet; thence South 36'21'36" East, 827..68 feet to the POINT OF BEGINNING., Jul - 8- 2005 12:45PM r. ei -8 Engineers Surveyors Planners Containing 0.887 acres (38,656 square feet), more or less,. ALSO: r, No -0023 P- 14 Easement Description December 15, 2003 Page 2 A temporary easement lying within the following described line: Commencing at the Southeast corner of Section 34, marked by a brass cap; thence North 51'41'41" West, 1,807..63 feet to the No. 3 POINT OF BEGINNING; thence South 03'00'54" West, 20.00 feet; thence North 86'15'23" West, 42.10 feet; thence North 02'45'07" East, 20.00 feet; thence South 86' 15'23" East, 42.19 feet to the POINT OF BEGINNING.. Containing 0.019 acres (843 square feet), more or less. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. Ronald M'.. Hodge, P.L.S. RMH/mrc:lhc F:\ProjectManagmkPHK\11873-6lack Cat\11873•Sur\DMriptions\PARCEI 15(perm).doc 8. 2005 12:45PM II II FIVE MILE DRAIN I IL7 I I NO. 3 POINT—"" � OF BEGINNING I EXISTING CITY I SANITARY SEWER EASEMENT L3 No -0023 P 15 �- S861 5' 23"E LINE TABLE \ LINE LENGTH BEARING Lt 66.82' S861'23'E L2 20.00' S024 '07'W L3 36.91' N8615'23'W L4 20.00' S03'0 ' 4'W L5 42.10' N86'15' 3'W L6 20.00' N0245' 7'E �] L7 42.19- S86'1 5'23'E �- S861 5' 23"E \ 15..00' LEGEND s'r\ to PROPERTY UNE to ,i\ PERMANENT EASEMENT *A TEMPORARY CONSTRUCTION 3 EASEMENT \ R/w EXISTING RIGHT OF WAY CENTER UNE SECTION LINE N \ BRASS CAP F 40�/ SCALE: 1 "=150' �V� I \ R/W —__ /W =_ R/W w = R� USTICK ROAD „ted," M "QIA�f N89'07'08"W 11..27' OF NO. 2 POINT OF BEGINNING \\ N_Q9'07'08gW 88 .99' S4 35 - Na9*07'08'W 37.68' 2 N89'07'080W 923.68' NO. 1 POINT OF BEGINNING '°"""°""m="°""'°' nyVIww'u- a J'V'Ci 11 i3LAGK CAT SEWER PROJECT 1 0M1i"M 1Q0� - I FAI MN CRFFK I I f: OF MERIDIAN CITY COUNCIL MEETING August 9, 2005 APPLICANT ITEM NO. 5-J REQUEST Change Order No. 1 for the Franklin Road Waterline Extension 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 Memo To: Will Berg; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Brad Watson, P.E., Public Works Director /" � Date: 08/03/2005 Re: Proposed Agenda Item for August 9, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the August 9 City Council agenda, under Consent Agenda, for Council's consideration: Change Order No. 1 for the Franklin Road Waterline Extension. Additional work was required for the completion of the Franklin Road Waterline Extension. This change order consists of the following work: • Additional tree removal. • Three additional 12" gate valves. • Six additional 12 -inch bends and 20 extra feet of sleeves on crossings. • 240 additional feet of 12 -inch waterline that was installed by MASCO, Inc. MASCO, Inc submitted a cost for this change order as summarized below: MASCO, Inc $18,086.00 Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 1 for the Franklin Road Waterline Extension Project with MASCO, Inc. for $18,086.00 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 1 r er Date: 08/03/2005 Re: Proposed Agenda Item for August 9, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the August 9 City Council agenda, under Consent Agenda, for Council's consideration: Change Order No. 1 for the Franklin Road Waterline Extension. Additional work was required for the completion of the Franklin Road Waterline Extension. This change order consists of the following work: • Additional tree removal. • Three additional 12" gate valves. • Six additional 12 -inch bends and 20 extra feet of sleeves on crossings. • 240 additional feet of 12 -inch waterline that was installed by MASCO, Inc. MASCO, Inc submitted a cost for this change order as summarized below: MASCO, Inc $18,086.00 Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 1 for the Franklin Road Waterline Extension Project with MASCO, Inc. for $18,086.00 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 1 JUL-21-2005 THU 09;28 AM G3 FAX N0, 206199 E02 Jul. 6. 2005 12:34PM No .9958 P. 2 CHANGE ORDER NO.1 No• 1 DATE OF ISSUANCE EFFECTIVE DATE OWNER 9& of Meridian CONTRACTOR Masco_ Inc. Contract. Franklin Road Waterline Extension Project Project: Franklin Road Waterline Extension Prolect OWNER'S Contract No. N/A ENGINEER's Contract No, N/A ENGINEER You are directed to make the following changes in the Contract Documents; Description: This change order consists of the following work: • Additional tree removal. • Three additional 12" gate valves. + Six additional 12 -inch bends and 20 extra feet of sleeves on crossings. • 240 additional feet of 124nch waterline that was Installed by Masco, inc. Reason for Change Order: Additional waterline and associated bends and a sleeve were required in order to complete this project. Attachments: (List documents supporting change). Faxed estimates from Masco.. Inc. and spreadsheet estimate from City of Meridian.. CHANGE IN CONTRACT PRICE: Original Contract Price $ 370,098.30 Net Increase (Decrease) from previous Change Orders No.. _j_ to 0 $0 Contract Price prior to this Change Order $ 370.088.30 Net Increase (decrease) of this Change Order: $ 18,086.60 Contract Price with all approved Change Orders: $ 388,184.90' RECOMMENDED: CEPTED: By:014sy. 24'3 Clint Dolsby, Stat( En ineer Contractor Dater/z 6 Ds Data: �20 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: ATTEST: By: By: Tammy de Weerd, Mayor William O. Berg, Jr. City Clerk Date: Date: Approved by City Council: EJCDC 1910.9-B (1998 Edltlon) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Speclfloatlons Institute, t: MERIDIAN CITY COUNCIL MEETING August 9, 2005 APPLICANT ITEM NO. 5-M REQUEST Water Main Easement for Albertson's Stub Street (North Portion) AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0"%, Citi/ of Meri di m Pudic Works Dept. Memo 1) Water Main Easemgnt for Albertson's Stub S-bw (North portion). Typical Water Main Easement. RIs I" IN Council Action: Approve the Water Main Easement for Albertson's Stub Street (North portion) and authorize the Mayor to sign and City Clerk to attest. 2) Water Main Easement for Albertson's Stub Street (South portion). Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Albertson's Stub Street (South portion) and authorize the Mayor to sign and City Clerk to atter. 0 Page 1 WATER MAIN EASEMENT THIS INDENTURE, made this day of , 2005, between Albertson's, Inc., a Delaware corporation, the party of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantor desires 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 Grantor, and other good and valuable consideration, the Grantor do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, 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 GRANTOR hereby covenants and agrees that it 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 GRANTOR hereby covenants and agrees 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. Water Main Easement EASMT WTR MAIN Al"IN, THE GRANTOR does hereby covenants with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it 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: Albertson's Inc. a Delaware corporation CLBy: Qr William H. Arnold Group Vice President, Real Estate Law B Julie Backe Assistant Secretary STATE OF IDAHO ) ) ss County of Ada ) �4` ,ORAT�C� J1 0 46 LU 19 9Q \ AFL A`�P On this 2 hd day of Atwt4t , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared YMliarn H. Arnold and Julie Backe, known or identified to me to be the Group Vice President, Real Estate Law, and the Assistant Secretary, respectfully, of Albertson's Inc., a Delaware corporation, 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. NOTMeY�PU�BLIC FOR IDAHO Residing at `, , , Commission Expires: p Water Main Easement EASMT WTR MAIN CITY OF MERIDIAN Tammy de Weerd, Mayor William G. Berg, Jr., City Clerk Approved by Council on: STATE OF IDAHO, ) ss. County of Ada, ) On this day of ,2005, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL Notary Public for Idaho Residing at: My Commission Expires: [1VAUEY"N "K CIVIL AND STRUCTURAL ENGINEERING NORTH EASEMENT DESCRIPTION for Albertson's Stub Street Job No. 04150 July 26, 2005 Land within the SW1/4 of Section 9, T3N, R1 E, B.M., City of Meridian, Ada County, Idaho, as follows: COMMENCING at a brass cap monument marking the West Corner of said Section 9, and as shown on Corner Perpetuation Form, Inst. No. 1827911; thence along the East-West Centerline of said Section 9, North 89010'47" East, 1737.18 feet; thence South 00000'00" East, 45.00 feet, to a point on the southerly right-of-way of E. Pine Ave., and the POINT OF BEGINNING; thence along said right-of-way, North 89°10'47" East, 62.00 feet; thence South 00000'00" East, 473.61 feet, to a point on the southerly line of "Parcel 2, as shown on "Record of Survey for an Administrative Split" Survey No. 6753, Ada County, Idaho Survey Records; thence along said southerly line, North 66038'14" West, 58.82 feet, to a point that is South 66038'14" East, 10.89 feet from a found 5/8 inch rebar, with a plastic cap marked "PLS 972", which marks the Northeastern corner of Lot 6, Block 2, Commerce Park Subdivision, as per the Plat thereof in Book 45, at Page 3721, Ada County, Idaho Plat Records; thence North 00100'00" East, 309.40 feet; thence North 90100'00" West, 8.00 feet; thence North 00000'00" East, 140.00 feet, to the POINT OF BEGINNING. Containing 26,044 square feet, more or less. P:\Albertsons\Stub St\Drawings\Survey\EASEMENPN Parcel Desc.DOC Treasure Valley Engineers, inc. 5680 E Franklin Rd., 4uile IL20 Nampa. Idaho U687 Office: (208) 463_0305 Fax: (208) 463-4391 Lid�•Ex_I.rr�asttre.�'alJe�-1_n;i�ti;�r-.cc>a�� k Cb C4 ■ ¥,", W4-ko� %�%q B� ~q2 DG: 1682-05 Ll = ;.a#£� Jz7= '_»�E X40' 40.00' .__� T s 4 . — — — — — — ;,+_ �-�Em_ � m N. PARCEL z_ m m /. � .— —— . � | � � � r @ 2 t --3 tV 7 § m m k Va tz � � ■2���D M C N g x E-5 0 �§.222. #__J■;■§ / � � | � � � r @ 2 t --3 tV 7 § m m k Va tz � Q W M C g x E-5 0 1560,11, MERIDIAN CITY COUNCIL MEETING August 9, 2005 APPLICANT ITEM NO. 5-N REQUEST Water Main Easement for Albertson's Stub Street (South Portion) 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 altached no WATER MAIN EASEMENT n THIS INDENTURE, made this day of , 2005, between Albertson's, Inc., a Delaware corporation, the party of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantor desires 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 Grantor, and other good and valuable consideration, the Grantor do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, 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 GRANTOR hereby covenants and agrees that it 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 GRANTOR hereby covenants and agrees 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. Water Main Easement EASMT WTR MAIN n THE GRANTOR does hereby covenants with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it 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: Albertson's Inc. a Delaware corporation By: a44-4�� William H. Arnold Group Vice President, Real Estate LaVP By: Julie Backe Assistant Secretary STATE OF IDAHO ) ) ss County of Ada ) 0 N'S f m�oe0R4,�. ' SE PL Q �96gQ FC A`N P On this day of, 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared liam H. Arnold and Julie Backe, known or identified to me to be the Group Vice President, Real Estate Law, and the Assistant Secretary, respectfully, of Albertson's Inc., a Delaware corporation, 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. •�`•L c, (SEAL) !Q #OTAjf'�• 5':OF 04++v Pq —A, �' NOT UBLIC FOR IDAHO Residing at 1 Commission xpires: 10 o2G O Water Main Easement EASMT WTR MAIN CITY OF MERIDIAN Tammy de Weerd, Mayor William G. Berg, Jr., City Clerk Approved by Council on: STATE OF IDAHO, ) ss. County of Ada, ) On this day of ,2005, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL Notary Public for Idaho Residing at: My Commission Expires: �- of r � �V�EY�NG CIVIL AND STRUCTURAL ENGINEERING SOUTH EASEMENT DESCRIPTION for Albertson's Stub Street Job No. 04150 July 26, 2005 Land within the SW1/4 of Section 9, T3N, R1 E, B. M., City of Meridian, Ada County, Idaho, as follows: COMMENCING at a brass cap monument marking the West Corner, of said Section 9, and as shown on Corner Perpetuation Form, Inst. No. 1827911; thence along the East-West Centerline of said Section 9, North 89110'47" East, 1737.18 feet; thence South 00000'00" East, 45.00 feet, to a point on the southerly right-of-way of E. Pine Ave.; thence South 00100'00" East, 140.00 feet thence North 90000'00" East, 8.00 feet; thence South 00000'00" East, 309.40 feet, to a point on the southerly line of "Parcel 2, as shown on "Record of Survey for an Administrative Split" Survey No. 6753, Ada County, Idaho Survey Records, said point being South 66038'14" East, 10.89 feet from a found 5/8 inch rebar, with a plastic cap marked "PLS 972", which marks the Northeastern corner of Lot 6, Block 2, Commerce Park Subdivision, as per the Plat thereof in Book 45, at Page 3721, Ada County, Idaho Plat Records, and the POINT OF BEGINNING; thence along said southerly line, South 66038'14" East, 58.82 feet; thence parallel with, and 64.00 feet East of, the East Line of said Commerce Park Subdivision, South 00100'00" East, 406.32 feet; thence North 89056'24" West, 64.00 feet, to a point on the East right-of-way of Commercial Court, as shown on the Plat of Commerce Park Subdivision; thence along said right-of-way, North 00000'00" East, 50,00 feet; thence South 89056'24" East, 2.00 feet; thence parallel with, and 2.00 feet East of, the East Line of said Commerce Park Subdivision, North 00000'00" East, 140.00 feet; thence South 8905624" East, 8.00 feet; thence parallel with, and 2.00 feet East of, the East Line of said Commerce Park Subdivision, North 00000'00" East, 239.59 feet, to the POINT OF BEGINNING. Containing 24,189 square feet, more or less. P:Wlbertsons\Stub St\Drawings\Survey\EASEMENT\S Parcel Desc.DOC Treasure Valle- ' noineers, Inc. 5680 E Franklyn Rd., Suite 20 Nampa. Idaho 81687 Office: ('208) 46.3-0305 Fax: (208) 463-4391 wwN- .t'reasttrcVofle tori<.,ineer.coiii 1682-05 n I 140.00' , a'g I I I mm � I x — N Vc N I / JmNi(ri1N� A cnncq m y c / / 9 / moo' I y rC 'z] td c> 3- 1 I a I ~ z E-1 m y Zm a . / / 50' O � c. n Q w z 1 w 1 N I �oi �ml 1 I I I 1 1 I 1 1 I 1 1 I I I I 1 I 1 I I I I I I I 1 I I I N � i w r V N 4 w1L_ _ . - / N 00'00'00' E 309.40' R. G N 00'00'00' Ew T.--.--.--'� 110 m+ 140.00' N 00'00 00 E 23959 / a'g S. PARCEL 24189 SO. FT. / MIX, S 00,67c — / / JmNi(ri1N� zzs cnncq m y c / / 9 / C c y rC 'z] td c> 3- N�ZNYlm z E-1 m y Zm / / rn�nn � 45' w NI N. PARCEL 26044 50. FT. gl 5 OP00'OD' E 473.61' T c I' a II . MIX, yz ti w 0 x zzs cnncq amo y C c y rC 'z] td c> 3- z E-1 m y 0 Project Contractor: Owner: CONTRACT AGREEMENT Heroes Park C&A Paving Company CITY OF MERIDIAN, Ada County, Idaho, a Municipal Corporation WITNESSETH, That the parties hereto for the considerations hereinafter named, do mutually agree as follows: Statement of Work {Contractor Name} will furnish the labor, material and equipment for and perform the work desired herein for the consideration stipulated, and in compliance with State and City codes. Contract documents consist of the following: Contract Proposal Contract Agreement Acknowledgement Bid Bond Performance Bond Labor & Material Payment Bond Tax Affidavit Liability Insurance Workers' Compensation General Conditions Attached Drawings Special Specifications Amount of Contract S66 �� �>,tcA &-( Exact amount due C&A Paving is the base bid plus any alternate added at the time of bid award or by subsequent written change order. Time of Completion C&A Paving agrees to commence construction after receipt on an executed contract, and upon this commencement of work will complete the base bid items within, 8q MI*4 3 t L` 2 0 o L, Contractor for Public Works to Pay or Secure Taxes - Agreement C&A Paving in consideration of securing the business of erection or construction of public work in this state, recognizing that the business in which he is engaged is of transitory character, and that in the pursuit thereof, his property used therein may be payable, agrees: 1) to pay promptlywhen due all taxes, (other than on real property), excises and license fees due the state, its subdivisions and municipal corporations therein, accrued or accruing the term of this contract, whether or not the same will be payable at the end of such term; 2) that if said taxes, excises and license fees are not payable at the end of said term, but liability for payment thereof exists, even though the same constitutes lien upon C&A Paving's property, to secure the same to the satisfaction of the respective officers charged with collection thereof; and 3) that, in the event of default in payment of securing of such taxes, excises and license fees, that City of Meridian maywithhold from any payment due C&A Paving hereunder the estimated amount of such accrued and accruing taxes, excises, and license fees for the benefit of all taxing units to which said Contractor is liable. Report to State Tax Commission The completed WH -5 form will be submitted to the Idaho State Tax Commission, 700 W. State Street, Boise, ID 83702, and a copy to Boise City Aviation and Public Transportation Department, 3201 Airport Way, Boise, ID 83715 within 30 days of the notice of award or before the request for final payment, whichever occurs first. Final payment to {Contractor Name) cannot be made until the WH -5 form is cleared by the Idaho State Tax Commission. Acceptance and Final Payment Upon receipt of notice that the work is ready for final acceptance and inspection, the Owner's representative will make such inspection and when he finds the work acceptable and the contract fully performed he will have the Contractor issue a final payment request. IN WITNESS WHEREOF, the City and C&A Paving have executed this Agreement as of the date first above written. Contract Amount: $718,944.25 CITY OF MERIDIAN Approved By: ted...... ?-.,A pAtlk PLO COM,PAILI� , IUL. C&A Paving of ary Ada esident e $ AL ATTEST City Clerk Y> 1/01111 11111000, APPROVED AS TO FORM AND CONTENT 'hJj— 10359 -AA -y feo_sd. 2>4 - t 3 67-ol 5 Parks & Recreation Department Legal QQ State of Idaho) ss County of Ada) ACKNOWLEDGMENT /"N On this day of 2005, before me personally appeared Tammy de Weerd and William Berg, Jr, known to me and known by me to be the Mayor and City Clerk of the City of Meridian who executed the above instrument, who, being by me first duly sworn, did depose and say that they respectively executed and attested the foregoing instrument on behalf of said municipal corporation for the use and purposes stated therein. Notary Public of Idaho Residing at Meridian, Idaho My Commission Expires (SEAL) ACKNOWLEDGMENT State of Idaho) ss County of Ada) On this f day of 005, before me personally appeared Gary Adams, known to me and known by me to be the person who executed the above instrument, who, being by me first duly sworn,„gid depose and say that he is the President of C & A Paving Company and that he executedp forgoing instrument on behalf of said firm for the use and purposes stated therein. a ” Not Public of Id Residing at Meridian, Idaho My Commission Expires o�zw'1 Oj (SEAL) A01% Ao%� GENERAL CONDITIONS Definition 1. The City of Meridian, hereinafter referred to as the Owner, and its duly authorized representatives, and the Contractor are those mentioned as such in the Agreement. They are treated throughout the Contract Document as if each were of the singular number. 2. Wherever in this Contract the words Owner's representative are used, it will be understood as referring to the Owner. The Owner's representative will act on the Owner's behalf personally or through any assistants as authorized in writing by the Owner. 3. The term subcontractor as employed herein includes only those having a direct contract with the Contractor and it includes one who furnishes both material and labor, or labor only, but does not include one who merely furnishes material. Scope of Contract It is the intention of this contract to provide for construction in complete, thorough manner as called for by the General Conditions, and if attached, any special provisions, schedules, spec do or drawings to be made hereof and a part hereof and to the satisfaction and final ahe _ Owner. Q.Q. �!!4U►ru[� ��5YAvctL4 �.uSvrte't✓TS Zaris� 6 �3/OS+. Nd Sou..L �.�3�DoILr �JIPtS PS�3�w1 PRoJ�d�D 'CC DJ1rC�. Execution, Correlation and Intent of Documents (� The Agreement will be signed in duplicate by officials of the City of Meridian and the Contractor, and is not a binding agreement or executable in any way until signed by both parties. If the total bid value exceeds $25,000, the Agreement is not binding until approved bythe Mayorand City Council. The Contractual Documents are complementary and what is called for by one will be as binding as if called for by all. In the case of conflict between plans and specifications, the specifications will govern. In any case of discrepancy, either in the figures, in the drawings or in the specifications, the matter will be promptly submitted via the Owner's representative to the Owner, who will promptly make a determination in writing. Any adjustment by the Contractor without this determination will be at his own risk and expense. E.F % 3tc 0 A ` % s AP T_ Pvw&.aL_ paa-r- QF n4l s c.oNC444ur Design, Drawings and Instructions A. It is agreed that the Owner, through the Owner's Representative, will provide to the Contractor the plans and specifications which will address the requirements of the work to be performed under the Contract. It will be the Contractor's responsibility to carefully study and compare the plans and specifications versus field conditions and to immediately report to the Owner inconsistencies, errors or omissions discovered. All such drawings and instructions will be consistent with the contractual documents. In the cases of lump -sum contracts, plans and specifications which represent the work to be done will be furnished prior to the time of entering into the Contract. The Owner's representative, may during the life of the Contract, and in accordance with the paragraph entitled "Changes in Work" issue additional instructions, by means of drawings or otherwise, necessary to illustrate changes in the work, as unforeseen site conditions maywarrant. B. Unless otherwise provided in the Contractual Documents, the Owner's Representative will furnish the Contractor free of charge, 2 copies of drawings and specifications reasonably necessary for execution of the work. C. All designs, drawings, specifications and copies furnished by the Owner's Representative will not be reused on other work, and with the exception of the signed contract, sets are to be returned to them on request, at the completion of the work. All models are the property of the Owner. Verbal Agreements No verbal agreement or conversation with any officer, agent or employee of the Owner either before or after execution of this Contract will effect or modify any of the terms or obligations of this Contract. Materials, Appliances, Employees Unless otherwise stipulated, the Contractor will provide and pay for all materials, labor, water, dust control, tools, equipment, light, power, transportation and other facilities. The Contractor is responsible for the security of all materials, appliances and employees necessary for the execution and completion of the work. All materials will be of good quality. The Contractor will if required, furnish satisfactory evidence as to the kind and qualityof materials. Superintendence The Contractor will assign to the project work during its progress, a competent project manager, representative of his authority, and any necessary assistance, all satisfactory to the Owner's representative. Changes in Work The Owner, without invalidating the Contract, may order additions to or deductions from the work; the contract sum adjusted accordingly. Any claim for extension of time caused thereby will be adjusted at the time of ordering such change. In giving instruction, the Owner will have authority to make minor changes in the work not involving extra costs, and not inconsistent with the purpose of the work. The City will further have authority to issue written change orders. No extra work or change will be made unless in pursuant of a written order, and no claim for an addition to the contract sum will be valid unless the additional work was properly authorized. Extension of Time All delays in the prosecution of the work are at the risk of the Contractor, but any delay caused by an act of the Owner will entitle the Contractor to a reasonable extension of time within which to complete the Contract. The extension will be determined by the Parks & Recreation Department Director or his duly assigned representative, whose decision will be final. The Contractor will notify the Owner's representative within two days of any occurrence which in the Contractor's opinion entitles them to an extension of time for completion. Such notice will be in writing. The Owner's representative will acknowledge in writing receipt of any such claim by the Contractor within 2 days of its receipt. Contractor Delays and Liquidated Damages Failure of the Contractor to complete the work within the time allowed will result in damages being sustained by the Owner. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each consecutive calendar day in excess of the time specified for completion of the work the Contractor will pay to the Owner, or have withheld from monies due, the sum of $100, unless otherwise provided under "Special Provisions" if present. A*O%� /'N Execution of the Contract under these specifications will constitute agreement by the Owner and Contractor that $100 per day is the minimum value of the costs and actual damage caused by failure of the Contractor to complete the work within the allotted time, and that such sum is liquidated damages and will not be construed as a penalty, and that such sum may be deducted from payments due the Contractor if such delay occurs. It is further agreed that in case the work called for under the Contract is not finished and completed in all parts and requirements within the number of calendar days specified, the Parks & Recreation Department representative will have the right to increase the number of calendar days or not, as he may deem best to serve the interest of the Owner, and if he decides to increase the said number of working days, he will further have the right to charge to the Contractor, and to deduct from the final payment for the work, all or any part, as he may deem proper, of the actual cost of design, engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, except that cost of final surveys and preparation of final estimate will not be included in such charges. The Contractor will be granted an extension of time and will not be assessed for liquidated damages or the cost of engineering and inspection for any portion of the delay in completion of the work beyond the time agreed for the completion of the project as a result of epidemics, quarantine _ restrictions, strikes, labor disputes, shortage of materials and freight embargoes, provided that the Contractor will notify the Parks & Recreation Department Representative in writing of the causes of delay within 5 days from the beginning of any such delay. The Parks & Recreation Department Project Manager will ascertain the facts and the extent of the delay, and his findings thereon will be final and conclusive. No extension of time will be granted for a delay caused by a shortage of materials unless the Contractor furnishes to the Parks & Recreation Department Project Manager documentary proof that he has diligently made every effort to obtain such materials from all known sources within reasonable reach of the work and further proof in the form of supplementary progress schedules, that the inability to obtain such materials when originally planned, did in fact cause a delay in final completion of the entire work which could not be compensated for by revising the sequence of the Contractor's operations. Payments withheld Prior to Final Acceptance of Work The Owner may withhold, or in account of subsequently discovered evidence, nullify the whole or part of any certificate of payment to such extent as may be necessary to protect themselves from loss of account of. • Defective work not remedied; • Claims filed or reasonable evidence indication public filing or claims by other parties against the Contractor; • Failure of the Contractor to make payments properly to all subcontractors or for material or labor; • Damage to another Contractor; • Waivers from subcontractors and material suppliers must be supplied to the Owner. When the above grounds are removed or the Contractor provides a surety bond satisfactory to the Owner which will protect the Owner in the amount withheld, payment will be made for amounts withheld because of them. /'I- 1101 Protection of Existing Utilities The Contractor will be furnished such drawings as the City has available and the Contractor will be obligated directly to the City and/or any utility company for any damage or interruption of service. It will be repaired or restored promptly by the involved utility and at the expense of the Contractor. Assignment The Contractor will not assign the Contract or sublet it as a whole or in part without the written consent of the Owner, nor will the Contractor assign any moneys due or to become due to them hereunder, without the previous written consent of the Owner. Assigning or subletting the Contract will not relieve the Contractor of his surety from any contract obligation. Public Works Contractor's License Requirement ID Code 6-2310 and 54-1902 The Contractor will, upon the space provided in the bid proposal provide the names and addresses, and the Idaho Public Works Contractor's license number of each subcontractor that the Contractor will utilize for the construction, alteration or repair of the public works here involved, as required by the provisions of Sections 67-2310 & 54-1902, Idaho Code. Failure to name subcontractor for plumbing, heating, air-conditioning and electrical as required by said Section 67-2310 will render any bid submitted by a general Contractor unresponsive and void. In addition a State Public Works License is required prior to the bid opening for all City Construction Contracts for amounts over $10,000.00, unless federally funded. Both Contractors and - Subcontractors must have the appropriate Public Works License for the particular type of construction work involved as specified in State Code Section 54-1902. The prime contractor must perform at least 20% of the work under any City contract unless otherwise agreed to by the City. All provisions of the relevant State Code must be met in the project. On federally funded projects a State Public Works license is required by time of bid award and execution of any such contract. The Contractor agrees that he is as fully responsible to the City for the act and omissions of his subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by them. Nothing contained in the contractual documents will create any contractual relation between the subcontractor and the City. Bonds The Contractor will furnish bonds acceptable to the City, within 7 days after date of award, for a sum equal to 100% of the amount of the contract for a Performance, and Labor and Material Bonds. Such bonds are to be conditioned on the faithful performance of the work required by these specifications. These bonds will be from the same surety. Default, Termination and Forfeiture If the Owner is compelled to incur any expenses including reasonable attorney's fees in /instituting and prosecuting any action of proceeding by reason of any default of Contractor hereunder, the sum or sums so paid by Owner with all interest, costs and damages will be deemed to be additional costs hereunder and will be due from Contractor to Owner on the first day of the month following the incurring of such respective expenses. This provision will be deemed to be a separate contract between the Owner and the Contractor and will survive any default, termination or forfeiture of this Contract. Compliance with City Codes The Contractor agrees to comply with all specifications, the Meridian City Code and Ordinances, ^I and statutes of the State of Idaho relating to such work and construction. In case of a dispute arising hereunder, the Meridian City Code will govern. In addition, each Contractor will certify complete compliance with all Idaho statutes with specific reference to the Public Works Contractors State License Law, Title 54, Chapter 19, Idaho Code, as amended, in connection with all work pertaining to all claims for payment under the terms of this contract. Notice of Amendment of Public Works Contractors License Act Title 54, Chapter 19, Idaho Code, as Amended The 37th Session of the Idaho Legislature passed and the Governor signed into law, effective March 27, 1963, House Bill 283 as amended, which amends Title 54, Chapter 19, Idaho Code, by adding a new section to the Public Works Contractors License Act, which reads as follows: 54-1904A - Within 30 days after any public works Contractorwho is required to be licensed pursuant to this chapter has been awarded a contract for construction to be performed with the State of Idaho involving the expenditure of any public moneys, the contract awarding agency will file with the tax collector a signed statement showing the date on which such contract was made or awarded, the names and addresses of home offices of the contracting parties, including all subcontractors, the state of incorporation if the party is a corporation, the project number and a general description of the type and location of the work to be performed, the amount of the prime contract and all subcontracts, and all other relevant information which may be required on forms which may be prescribed by the tax collector. Every Contractor and subcontractor whose name appears on any such notice will be required to file income tax returns with the State Tax Collector and to pay all income taxes which may be due thereon pursuant to law of all years in which any public moneys were received by them in connection with any construction work which was performed within the State of Idaho. A failure to pay any income taxes which may be due thereon, in addition to all other penalties therefore as provided by law, will constitute a grounds for suspension or revocation of license as in this act provided. Payments and Billings The awarded Bidder will submit all invoices to: City of Meridian Parks & Recreation Department 11 W. Bower Street Meridian, Idaho 83642 Invoices through City Hall are processed weekly. The awarded Bidder can expect City Hall to issue and mail payment 30 - 45 days after receipt of invoice. Payments under City Contract Compensation for City projects is paid by City warrants against budgeted funds and issued in accordance with the contract documents. Inspection of Site Each bidder should visit the site of the proposed work and fully acquaint themselves with the existing conditions there relating to the construction and labor and should fully inform themselves as to the facilities involved, the difficulties and the restrictions attending the performance of the Contract. The City will be justified in rejecting any claim based on facts regarding which should have been on notice as a result thereof. Termination by the Owner If the Contractor is adjudged as bankrupt, or if makes a general assignment for the benefit of this insolvency, or if he persistently or repeatedly refuses or fails, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, labor, or persistently disregards laws, ordinances, or the instructions of the Owner's representative and the Owner, or otherwise be in substantial violation of any provision of the Contract, then the Owner may without prejudice to any right or remedy and after giving the Contractor and his Surety 7 days written notice, terminate the employment of the Contractor and take possession of the site and all materials, provided for the completion of the project, and may finish the work by whatever method he may deem expedient. In such cases the Contractor will not be entitled to receive any further payment until work is finished. If the unpaid balance of the contract price will exceed the expense of finishing the work, including compensation for additional administrative services, such excess will be paid to the Contractor. If such expense will exceed such unpaid balance, the Contractor and/or his surety will pay the difference to the Owner. Waiver of Liens It is agreed that no lien will be at any time be filed against the premises upon which the work is performed, or any part thereof, by Contractor or any of his subcontractors or other person employed by or furnishing labor, services, equipment or materials to Contractor or any of his subcontractors for, in or about the performance of the work. This clause will be inserted in all of the Contractor's or any of his subcontractor's purchase orders and material agreements. Liability for Equipment, Property and Site The Contractor will at all times protect the Owner's equipment, property, surface areas such as soil, turf, and pavement, from any and all damage that may result from operation and/or negligence. Indemnification and Insurance The Contractor will provide (from insurance companies acceptable to the City) the insurance coverage designated hereinafter and pay all costs. The Idaho Tort Claims Act sets a limit of $500,000 as a minimum requirement for liability coverage. The Contractor will also provide (from insurance companies acceptable to the City) Builder's Risk coverage in an amount equal to the value of the project. The Contractor will pay all costs. Any insurance policy, or certificate of insurance, will name the City as a named insured where appropriate, and such insurance policy or certificate of insurance will be kept and maintained in full force and effect at all times during the term or life of this contract. The insurance policy or certificate of insurance must be filed with Purchasing prior to commencing work under this contract and no insurer will cancel the policy or policies or certificate of insurance without first giving 30 days written notice thereof to Contractor and City, but the Contractor may, at any time, substitute a policy or policies or certificate of insurance of a qualified insurance company or companies of equal coverage for the policy or policies or certificate then on file with the Department. The Contractor will indemnify and save and hold harmless the City of Meridian from and for any losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by the Contractor, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of the City of Meridian or Alft*� i"*\ its employees. In addition, the Contractor will maintain, and specifically agrees that it will maintain, throughout the term of the Agreement, liability insurance in which the City of Meridian will be named insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance will not be deemed a limitation of the covenants to indemnify and save and hold harmless the City of Meridian and if the City of Meridian becomes liable for an amount in excess of the insurance limits, herein provided, the Contractor covenants and agrees to indemnify and save and hold harmless the City of Meridian from and for all such losses, claims, actions, or judgments for damages or liability to person or property. The Contractor will provide the City of Meridian with a Certificate of Insurance or other proof of insurance evidencing the Contractor's compliance with the requirements of this paragraph and file such proof of insurance with the City of Meridian, Idaho. In the event the insurance minimums of the Idaho Tort Claims Act are changed, the Contractor will immediately submit proof of compliance with the changed limits. Workers' Compensation Insurance The Contractor will have and maintain during the life of this contract, the statutory Workers' Compensation, regardless of any number of employees or lack thereof, for all those including themselves to be engaged in work on the project under this contract, and, in case any such work is sublet, the Contractor will require the subcontractor to provide Workers' Compensation Insurance for themselves and any/all the latter's employees to be engaged in such work. Proof of insurance must be provided to Owner prior to the start of work. - Any "Stop Work Order" Any "Stop Work Order" given to Contractor will cause all physical work to stop and a complete cessation of all expenditures, ordering of materials, etc., on the part of the Contractor and/or his assigns. Guarantee The Contractor will guarantee all materials and workmanship from defect for a period of no less than 1 year from the date of acceptance by the Owner. Any defective work will be replaced or corrected to the Owner's satisfaction at no additional cost to the Owner. All of this correction or replacement work will be guaranteed for a minimum of 1 year from the date of reinstallation. Price Guarantee The price will be guaranteed for a minimum of 90 days. Taxes The original and completed WH -5 form will be sent directly to the Idaho State Tax Commission, 700 W. State Street, Boise, ID 83702, and a copy to City of Meridian Parks & Recreation Department within 30 days of contract award. The Contractor's Affidavit Concerning Taxes will be completed and delivered to the Cityof Meridian Clerks Office when contracts are signed. Public Agency Bid prices will be made available to other "Public Agencies", including agencies of the State of Idaho, as defined in Section 67-2327 of the Idaho Code. "Public Agency' is defined as any city or political subdivision of the State of Idaho, including, but not limited to counties, school districts, highway districts, port authorities, instruments of counties, cities, or any political subdivision created Aoftkk 1'1 under the laws of the State of Idaho. It will be the responsibility of the Public Agency to independently contract with the vendor and/or comply with any other applicable provisions of Idaho Code governing public contracts. A081% ATTACHMENTS � A � � wo 4015 S. Banner Street • Boise, Idaho 83709-5511 (208) 362-4244 Fax (208)362-4190 '"E; . : Proposal & Contract To: Stanley Consultants, Inc. Estimate: 7810 Date: July 21, 2005 1940 South Bonito Way Project: Heroes ParkSuit 140 Nae: Name: DougBrooks Meridian, ID Merl Meridian, ID 288-0573 Item Fax: 288-0574 Work Description Number Estimate Unit Unit Price Quantity Description Price Totals 1 Mobilization 1 Lump Sum $14,444.00 $14,444.00 includes: payment & performance bond 2 Vertical Curb & Gutter 6134 LF $14.00 $85,876.00 Includes aggregate import & preparation 3 Concrete Sidewalk 4716 SF $3.00 $14,148.00 includes aggregate import, & preparation 4 8" PVC Sewer Service -includes test & inspection 350 LF $38.00 $13,300.00 5 8" PVC Water Service -includes test & inspection 1370 LF $36.50 $50,005.00 6 Strom Water Swales-ponds #1 & #2 1 Lump Sum $54,335.00 $54,335.00 includes: top soil & hydro seeding / Ten Mile borrow ditch scope 7 Irrigation Pond 1 Lump Sum $102,033.00 $102,033.00 Includes: pump station, wet well & aerator pump to be rated @ 500 gallons per minute per specifications 8 Traffic Control 1 Lump Sum $4,005.00 $4,005.00 includes: ACRD permit, stabilized construction entrance traffic control on Ten Mile for borrow ditch dust control, mobile rotary vacuum sweeping, d.l. protection 9 Asphalt Roadway 14587 SF $2.05 $29,903.35 section includes: 12" pit run, 4"314* road mix, 2.5" A/C pavement 10 Asphalt Pathways 14201 SF $2.00 $28,402.00 section includes: V pit run, 4" 3/4"road mix, 2.5"A/C pavement 11 Parking Lot 124552 SF - $1.25 $155,690.00 Includes: excavate to design grade elevations, section Includes: 12" pit run, 4" 3/4" road mix, graded for paving 12 10' Concrete Jersey Barriers 12 Each $175.00 $2,100.00 delivered & Installed 13 Irrigation Pond 23530 SF $0.45 $10,588.SD includes: final shape / fine grading & compaction 14 Irrigation Pond 1 Lump Sum $47,655.00 $47,655.00 includes: 4" to 6" sand bedding, 40 millpond liner, mirarr fabric native rill dirt material cap, 5' wide cobble border Parking Lot Paving 15 2.5" Asphalt Paving 124552 SF $0.70 $87,186.40 Storm Drain 16 12" SDR -35 120 LF $15.75 $1,890.00 17 1,000 Gallon Sand & Grease Traps 5 Each $2,785.00 $13,925.00 16 PCC Channel 12 LF $57.75 $693.00 19 12" End Section w/Rip Rap 2 Each $997.50 $1,995.00 20 Type III Concrete Drop Inlets 2 Each $385.00 $770.00 Special Notes: 1) This estimate is based on plans provided by Stanley Consultants dated W3105. Quantities are based from the original bid schedule. 2) Permits, engineering, staking, material testing (if required) is not included. MUG 01 2005 City Of Meridian. City Clerk Office Total: $718,944.25 All material and work is guaranteed to be as specified. Plans and specifications are a part of this proposal.1111 agreements and warranties expressed or implied are only as attached in written form. Any alterations or deviations from project specifications involving extra costs, or any additional quantities, will become an additional charge over and above attached specifications. This contract covers only the work noted above. 11 does riot include unforeseen problems or other work items. C & A Paving Co, is not responsible for damage, costs, or impact caused by or to any hidden or unknown Items. Alterations, changes, additional work, unforeseen impacts, or deviations from this contract specifications will become an additional charge, due and payable. Any required sub -grade repairs, which are discovered will be charged at time and materials. C & A Paving Co. is not responsible for existing base or design problems. "C & A Paving Co. cannot be responsible for drainage or water ponding on slopes of less than 1.0% or where grade is dictated by surrounding area. Patching can plug water drainage and can thus create ponding. 'This is a unit price contract. The contract amount is based on estimated quantities. Actual payment will be on final quantities completed. -All agreements and/or warranties, either expressed or implied, are only in written form. This is a fully integrated contract \t 111 t 1111111 / This agreement is binding upon heirs, assignors, and successors in Interest. 'As a proposal. the prices quoted are good for ten (10) days (rum the date noted at the top of the proposal. 'Full payment is due and payable on completion of work. Progress payments will be made if completed in stages. Interest will be charged at 1.5% per month reimbursed to C & A Paving Co. including attorney and consultant fees. or 18% A.P.R. for delayed payments. All expenses C & A Paving Co. Incurs in the collection of money due will be reimbursed to C & A Paving Co. Incurs "Retention not to exceed that withheld by owner. Full payment upon completion of above work. ��"Price is based on nothing preventing C 8 A Paving Co. from full production. No standby is included in price. liu`dam$ C & A Paving Co. CUS rAERAL - Name Z� Chris SheppardK' Sign re DN e .r / TY ii�r1'ti��1\� /'N AW CONTRACTOR'S AFFIDAVIT CONCERNING TAXES STATE OF—LZftkO_) COUNTY OF AT,� Pursuant to the Idaho Code, Title 63, Chapter 15, I, the above signed, being duly sworn, depose and certify that all taxes, excises and license fees due to taxing units in the State of Idaho, for which I or my property is liable then due or delinquent, have been paid, or secured to the satisfaction of the respective taxing units. � p C , K vl� G 6 YY\ {Contractor Name} ` 015 S. b �\NAaaL (Address) (City and State) (Signature Subscribed and sworn to before me the 1 (.0 dayofSE9-jEmr\$LL , 20�- V- �' % L� & a W-1 i k (Nota Republic) ht', (Address) (City and State) Commission Expires: NOTE: This form or a reasonable facsimile is to be completed and delivered to the City of Meridian Clerks Office when contracts are signed. A AIA Document A312 Performance Bond Bond No.: B8876405 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable CONTRACTOR (Name and Address): C & A Paving Company, Inc. 4015 South Banner Street Boise, Idaho 83709 OWNER (Name and Address): City of Meridian Parks and Recreation Department 11 West Bower Street Meridian, Idaho 83642 SURETY (Name and Principal Place of Business): Cincinnati Insurance Company P.O. Box 145496 Cincinnati, Ohio 45250-5496 CONSTRUCTION CONTRACT Date: Amount: Seven Hundred Eighteen Thousand Nine Hundred Forty -Four no/100 Dollars ($718,944.00) _ Description (Name and Location): Heroes Park BOND Date (Not earlier than Construction Contract Date): September 15, 2005 Amount: Seven Hundred Eighteen Thousand Nine Hundred Forty -Four no/100 Dollars ($718,944.00) Modifications to this Bond: None CONTRACTOR AS PRINCIPAL SURETY: C & A Paving Company, Inc. Cincinnati Insurance Company (Corporate Seal) . (Corporate Seal) Signatu�C Signature. Name and` itf?. additional signatures appear on page 2. (Any i g pp P g ) Name and Title: Tina Coleman Attorney -In -Fact FOR INFORMATION ONLY -- Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other Moreton and Company party): 12639 W. Explorer Drive, Suite 200 Boise, Idaho 83713 (208-321-9300) 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. SURETY 5026 (6-92) 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such and agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as Practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. SURETY 5026 (6-92) 510 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non- performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. /'N 11 When this Bond has been furnished to comply with statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: «Bond Modifications)) /'\ which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: SURETY 5026 (6-92) SURETY Company: Signature: Name and Title: (Corporate Seal) -- TAE CINCINNATI INSURANCE COMPAN Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Harvey Knoll; Allan Ranstrom; Tina Coleman and/or Kim Ward of Boise, Idaho its true and lawful Attome s -in-Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Any such obligations in the United States, up to Twenty—Five Million and No/100 Dollars ($25,000,000.00). This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6th day of December, 1958, which resolution is still in effect: "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys-in- -in-Fact Fact of the Company to execute any and all bonds, policies, undertakings, or other like insments on behalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys -in - Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 7th day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Senior Vice President this 28th day of April, 1999. rtccs;, I n3y�gr iT CORPORATE' 3 THE INNATI INSURANCE COMPANY SEAL OH 10 G i STATE OF OHIO ) ss: Senior Vice President COUNTY OF BUTLER ) On this 28th day of April, 1999, before me came the above-named Senior Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. 7 . _:z�4X MARK J. LLER, Attorney at Law NOTARY PUBLIC - STATE OF OHIO My commission has no expiration date. Section 147.03 O.R.C. I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in full force and effect. this GIVEN je}� my hand and seal of aid Corby at Fairfield, Ohio. 15tH day of September, BN -1005 (4/99) Assistant Secretary AIA Document A312 Payment Bond /'4\ Bond No.: B8876405 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): C & A Paving Company, Inc. 4015 South Banner Street Boise, Idaho 83709 OWNER (Name and Address): City of Meridian Parks and Recreation Department 11 West Bower Street Meridian, Idaho 83642 SURETY (Name and Principal Place of Business): Cincinnati Insurance Company P.O. Box 145496 Cincinnati, Ohio 45250-5496 CONSTRUCTION CONTRACT Date: Amount: Seven Hundred Eighteen Thousand Nine Hundred Forty -Four no/100 Dollars - ($718,944.00) Description (Name and Location): Heroes Park BOND Date (Not earlier than Construction Contract Date): September 15, 2005 Amount: Seven Hundred Eighteen Thousand Nine Hundred Forty -Four no/100 Dollars ($718,944.00) Modifications to this Bond: None CONTRACTOR AS PRINCIPAL SURETY' Company: (Corporate Seal) Company. (Corporate Seal) C & A Paving omp Inc. Cincinnati Insur ce Comp Signator . Signature: � M'LC z . Name an l"itle Name and Title: Tina Coleman (Any additional signatures appear on page 4.) Attorney -In -Fact FOR INFORMATION ONLY -- Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Moreton and Company 126:9 W. Explorer Drive, Suite 200 Boise, Idaho 83713 208-345-5310 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. SURETY 5026 (6-92) 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for Printed in U.S.A the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy , the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by paragraph 4 is given by Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. SURETY 5026 (6-92) /'1 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS Printed in U.S.A 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: None /"� asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title: Address: SURETY Company: Signature: Name and Title: Address: SURETY 5026 (6-92) Printed in U.S.A n TECHNICAL SPECIFICATIONS PLACE TECHNICAL SPECIFICATIONS HERE ,*Oft" ellft,41 MERIDIAN CITY COUNCIL MEETING August 9, 2005 APPLICANT ITEM NO. 5-P REQUEST Award of Bid for West Ustick Water & Sewer Project to Paul Construction AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ••! :• •: •: • • 1Ir • « -:ME The public wo*s Depamvmt mspectruny requests the fokwng item be placed on to August 9 City Council agenda, urxJer Consent Agenda, Ibr Council's West JIMIgS Water & Sewer ` • :jN Two • . - were recewed fbr Vu.Vus • •, :.« as summarmed below and • cr- :.• in to : v: r :.• spmadsheet .0 111 11r;178 Recmffm ded Council Acklon: The Public Works Department x ommenct that City Council approves the contract for the W. Ustick Road Water & Sewer Project with Paul Cion for $302,41 &00 and and orixs the Mayor to sign IL 0 Page 1 v � o Q a0 10 m ,O-41 O �+V O� V = aCo iB a Qm�m a GC .o v o m c 0.2 0 mCL 4 a E 'a 'm = 0 g 0 n O m CL Im a Qcr owe c CL °' 0 m aE U 'ten m = �+V V = aCo iB a Qm�m a GC .o v o m c 0.2 0 mCL a E 'a 'm = 0 0 n /-N ,00ftN MERIDIAN CITY COUNCIL MEETING August 9, 2005 APPLICANT ITEM NO. 5-0 REQUEST Sanitary Sewer and Water Main Easement for Lot 5, Block 2 Medimont Subdivision with Falash and Ross AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. A*'% I /"bN City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 8/4/2005 Re: Proposed Agenda Items for 8/9/05 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 8/9/05 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanita[y Sewer and Water Main Easement for Lot 5, Block 2 Medimont Subd by Falash & Ross. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Lot 5, Block 2 Medimont Subd by Falash & Ross and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 Jul'!L /0005 2:55PM SANITARY SEWER AND WATER MAIN EASEMENT No,4'^2 P, THIS INDENTURE, made this day of , 2U�etween 1'�tiL1 , the parties of the first art and hereinafter called tors, and the Ci of Meridian, Ada County, P P City Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described properly: . (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said casement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this casement that was placed there in violation of this casement. Sanitary,Scwcr and Water Main Easement EASMT SW (2).doc Jul -i8, 49005 12:55PM 10I r No,43<< P, 3 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 casement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STATE OF IDAHO ) ) ss County of Ada ) On this i0'Th day of1k2U�, before me, the undersigned, a Notary Public in and for said State, 3mo ally appeared i L ,( � i�"� and known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have and year fist above written. / my hand and affixed my official seal the day NOTARIrIYUBM FORJDAHO Residing Vi ItAvN Commission Expires: Sanitary Sewer and Water Main Ease lent EASMT SW (2).doc QQ CITY OF MERIDIAN Tammy de Weerd, Mayor William G. Berg, Jr., City Clerk Approved by Council on: STATE OF IDAHO, ) ss. County of Ada, ) On this day of ,2005, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL Notary Public for Idaho Residing at: My Commission Expires: Legal Description for City of Meridian Waterline Easement Job No. 020761 July 7, 2005 Land within Lot 5, Block 2, Medirnont Subdivision No. 1, Book 75, Page 7794, Ada County Plat Records,, within the NE114 of the NE1I4 of Section 18, Township 3 North, Range 1 East, Braise Meridian, City of Meridian, Ada County, Idaho, described as follows: The East 10.00 feet of the West 20.00 feet of the South 10.00 feet of said Lot 5, Stock 2. P:\Falash-Ross\Medimont\DrawingstiSurvey\City of Meridian Utility Easement Desc.doc Treasure Valley EnZinmrs, Inc. Office- t 2M, 40';-0'3 O� 56%K) E }-r mkfin Rd, ;Stine 2-20 Fax. ( 208) 3x-4391 i. I€, r§ ,t, ,? �� :.. ,.Fey -wn V �a� CN isr � � I I O O C� O S. ADKINS WAY ljc --------------------------� N -- ---------- -T -- --------------------- -- — - I I O O C� O H W =1� Department Report MERIDIAN CITY COUNCIL MEETING August 9, 2005 APPLICANT Finance Department - Stacy Kiichenmann ITEM NO. 6-A-1 REQUEST Finance Report 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 meetMgs shall become property of the City of Meridian. CITY of MERIDIAN FINANCE REPORT June 2005 Table of Contents REPORT NAME PAGE# Long Term Investment Status 2 Investments and Cash 3 WATER - Budget to Actual Comparison 4 WWTP - Budget to Actual Comparison 5 Utility Sales Revenue Comparison 6 Building Permit Sales 7 General Fund Expenditures - Budget to Actual Comparison 8 General Fund Revenue Analysis g General Fund Revenue - Budget to Actual Comparison 10 Special Service Fund - Budget to Actual Comparison 11 Overtime Report for FY2004 12 Police Dept Monthly Overtime 13 Fire Dept Monthly Overtime 14 Volunteer Hours 15 Vacant Position Report 16 Capital Purchases Report - General Fund 17 Capital Purchases Report - Enterprise Fund 18 Amendment 19 General Fund Summary 20 Special Service Fund Summary 21 Enterprise Fund Summary 22 Revenue & Expenditure Reports from accounting software 23-57 1of1 CITY OF MERIDIAN FY2005 INVESTMENT STATUS AS OF 6/30/2005 $6,602,973 $40" $3,871,495 $1,423,634 $11,233,288 $17,379,472 A"01, INTEREST BEARING ACCOUNTS PORTFOLIO DISTRIBUTION $21,558,943 ■ Government Bonds 0 Corporate Bonds ■ Idaho Bond Fund O Certificates of Deposit ■ Advisor Money Market $6,530,615 ® Checking ■ Wells Fargo Bond Reserve ❑ Idaho State Pool CASH & INVESTMENT TYPE - NET YIELD 4.50% 4.00% 3.50% 3.00% 2.50% 2.00% 1.50% 1.00% 0.50% 0.00% ag 0 ag 1# O14 6 N. edo0,�` Qop � J PO G oa g`ep a VPOP 00 �10 09 Aer NP $2,361,369 $3,226,641 $401,756 $3,112,101 Investment Account Balance by Fund $5,330,211 1 of 1 C3 General Fund ■ Cap Improve Fund ■ Enterprise Fund O Fire Truck Fund ■ Latecomer Fund ■ Special Service Fund ■ Park Impact Fees CITY OF MERIDIAN FY2005 INVESTMENTS AND CASH 6/30/2005 ., INTEREST RATE HISTORY 5.00% 4.00% 0 3.00% } 2.00% 1.00% 0.00% -° 01 Qe� PJ yaQ�e OG boa OeGe �a� �e�o �` �Checkfog Account _Money Market ----lilaho Pool Income Idaho Pool Bond Account c '—Net Investment Advisor income" $1,400,000 $1,300,000 $1,200,000 $1,100,000 $1,000,000 $900,000 $800,000 $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 $0 Investment Income - Budget to Actual Comparison General Capital Projects Special Service Enterprise COMPARISON - INVESTMENT & CASH BALANCES ;e ode 2i% C'pA C0,9 �ozoi a, 0is� 'qo ° 'os�O'�G���O�d'��f o�s�iZcf. 1 of 1 ■ Interest Income Total Budget ■ Interest Income Budget YTD ❑ Interest Income Actual YTD ■ Interest Income Prior YTD ■ FY2005 FY2004 ° ° o r a ■ O D /� m N N O N z , O O a U Q o C a W O a z o O wM ai w n w o: yy 4. 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W .» nw w _ Y C C Q J C O O r W N O>>FfOQ>F Ny KOaz QWQ3� m>_=L_^ N�co mgE 'a� m mCw $Em ¢ua�_mS.�mos oadcn YrnEm�uam� j_d'Scmm 9csipUoa l agEc.a�m. _`o' b Ow5 yCQ cmuNcwgg�"amS—QC QO •N�Eme gWEwcEoaW o Od.acmmYvOO W«O .S o EE LF O O S 0 M S0cnm0 oo c�a265gajc °m¢00m 1. °Qn wwvw m °S d 4Ua y OQ ii CO bNO0 N uWdK 2 aAO Yar�3-u ma�mdm._$ as o yQm2a�oo�$ O U3a0 f� a 3 D:»_agA a¢��a�mA O<��U[L �eoA LI)< m ra 3a�f-MUo_A p c/z U�- z CITY of MERIDIAN UTILITY SALES REVENUE COMPARISON for Period Ending 6/30/2005 $500,000 $450,000 $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 to WATER SALES REVENUE -*- FY2002 u�o�� oa°� v�vr1 A�e' ��� FY2003 O �o� ) �a P'� yeQ�a -4&-FY2004 f FY2005 $450,000 $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 $0 WWTP UTILITY SALES REVENUE do�c�o a���Q �c ,acJa� Qa�J�� �� �c� q ,Jca a1p, 25,000 20,000 15,000 10,000 5,000 0 Utility Customer Account Numbers 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O (D(a4) (aC Month Water FY2002 FY2003 FY2004 FY2005 04'05 $ Change Change October $357,563 $276,042 $273,142 $289,055 $15,913 5.76% November $203,611 $214,536 $229,038 $208,676 -$20,362 -9.49% December $149,145 $141,050 $160,189 $180,164 $19,975 14.16% January $151,301 $155,770 $183,068 $195,017 $11,949 7.67% Feburary $158,240 $147,265 $157,420 $176,540 $19,120 12.98% March $146,909 $142,265 $161,409 $177,738 $16,329 11.48% April $174,751 $158,136 $257,295 $238,654 -$18,641 -11.79% May $241,894 $200,121 $301,580 $247,808 -$53,772 -26.87% June $408,431 $324,371 $291,214 $343,566 $52,352 16.14% July $363,936 $428,864 $427,023 $3,461,647 August $406,124 $418,197 $416,753 September $359,824 $380,460 $364,920 $3,121,729 $2,987,077 $3,223,050 $2,057,217 $42,862 1.43% -*-FY2002 FY2003 -0-FY2004 -0-FY2005 -*-Water -E-Sewer Garbage -W Dumpsters -A-Toters 1oft WWTP Month FY2002 FY2003 FY2004 FY2005 October $221,063 $324,870 $374,634 $405,032 November $240,097 $339,620 $351,612 $397,509 December $254,195 $283,145 $322,929 $392,192 January $255,736 $329,145 $377,981 $398,513 Feburary $261,926 $311,595 $317,836 $345,093 March $235,264 $296,694 $333,890 $360,222 April $252,716 $320,870 $372,207 $385,444 May $257,080 $336,811 $383,634 $371,980 June $277,368 $359,079 $388,956 $405,661 July $356,038 $367,646 $404,922 August $334,856 $368,848 $415,689 September $346,096 $366,595 $413,475 $3,292,436 $4,004,917 $4,457,764 $3,461,647 1oft CITY of MERIDIAN Building Permit Sales FY2005 FOR MONTH ENDED 6/30/2005 350 300 250 200 150 100 50 0 20 18 16 14 12 10 8 6 4 2 0 ,*'-IN City of Meridian - Residential Building Permit Sales Oct Nov Dec Jan Feb Mar April May June July Aug Sept City of Meridian - Commercial Building Permit Sales —11—FY2002 --11--FY2003 FY2004 --GP--FY2005 Oct Nov Dec Jan Feb Mar April May June July Aug Sept tFY2002 -4&-FY2003 FY2004 -4&-FY2005 Residential Commercial FY2002 FY2003 FY2004 FY2005 FY2002 FY2003 FY2004 FY2005 Oct 61 64 163 223 Oct 6 6 9 9 Nov 49 55 136 199 Nov 4 4 1 5 Dec 67 79 123 256 Dec 3 3 5 4 Jan 50 124 118 152 Jan 2 10 2 4 Feb 58 83 119 230 Feb 3 5 1 6 Mar 82 109 222 250 Mar 2 1 14 10 April 110 101 172 323 April 3 6 14 8 May 98 109 196 311 May 6 5 14 18 June 94 107 236 266 June 2 6 5 12 July 97 114 220 July 3 5 6 Aug 77 118 214 Aug 1 4 6 Sept 74 150 162 Sept 3 4 7 TOTAL 917 1213 2081 2210 TOTAL 38 59 84 76 1 of 1 r• Z a z a LL Baa i0 Ieael aD y W OO�O uD OWN Nie roe MW W ri00�p 47 InO O� 'n e'O W wd >R G O o O T O O M T W � N co f 6 1 0 N a�aLL � e M it O ONN W eM W Oi1Nh inrrn W 'nWMe 'LJ A rn��e MN MOe'[] M W O) y% O>O)O�N OA V OM1.0MMlM W N M O?N�e m W N OW M—'OM m ,aOm -0 A r ee <MA M NM Nin ANWO IQ M m ♦ O O N fA Z' Q f9 M fA f9 f9 rM N d3 fA f9 fA f9 i9 f9 f9 M �j � f9 f9 A � fA fA CL M- e ae e ap a ae �ornA d j v e M oorne O A N r 'n<o W O N M rcl rA.-M N M e N rM N W A W e � e �0Op W C MIm0 M 'MWN O) N I�N'00 S A O MMLcie r r e N o Ix � e Ot M r N Cl!R N NN� N0g0e'O N W OlN rON lq (n OiIDA Nr OD MA L O ON— C tO W W r W'ON W M r� V W W N .0;:, N A W.— awu,. —.1 a Wow N eH>M fA f9 f9 -q Hi M -f9 NWmU3 f9 WWo. f9 M M- N O � ry fn vs fn 0..N W one MAOI frD NM's[ OD V'll� o ernrn O o C N 0 oA M O M M W V a'n N Oi of WO Nin _ N N mr N� 'O eIM ODNON W NON OOD �O NOMN N cl M�IWO ,O N N fA fA fA NOe')N �f9 M O e W Q MN f9 eN� N N fA � �� CL � ui n ei ei u> vs F» U 000 ' O— m'n e N rOWD ^ t2 W W NO ONN CO'� e�'O W M D A n O NCOim MOW1N Q O m OCM0 tW0 u) eN4D OMi WO m� �fp� NNN �4l NM (A NNS WO N O fA FA FA fA f9 d) f� N N O O�� N'n O�i0e0 W O O MO W W O N O N'O Z W Cl) G eOO a O MN NM OOi 'iN^p W W LOe[O NNer MN'nO O W eN LL% LL OI Ot+NJMM M 6.6 0� X< W yC O � M W OWD _M OWDMN M O� OMD 00p W A S M OWDN N o d' 5 O m M Z W ] --- m N M �» u>» Z"�fn U »»+ O Z W Q O J LL O =W F' W W ~ W Z J Z WH O O W O m O m O as ui O m W 0 a a H a a a 0 C.) z 13,4Lu Y z J a 00 00 X00 U 0 m LL LL as 0o LL.aO 012 0.aa0o <a-0 o00 �aO Iq O O O O O O O O O O O N W C N COD V N 4! 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J 0-E o oL ib °Q J O EtntnNNQ Q m an n D- D- ON �u! } W m 0 O v 'c o> L c 0 LU K d 0 Q v@ 0 >> d A d p 4 m o U. IL o¢ ami aa��>s�a� (l< LLL LL LL f- ami awa2� da ���� - (name rye ✓a 9� a� aGA b %z R� aJ a� ✓a9°� 0000000000 JQ OOOOOOOOOEf} 0 0 0 0 0 0 0 0 0 uiOUnaUnOu)Ou) ,q, ;T M M N N r— T— 64Y 69-> 6F} 6F} 64Y 64 VD- 6F} 64} O O O O O N N N N N LLL LL L7tU- 1 LL LLL � 1 ✓a 9� a� aGA b %z R� aJ a� ✓a9°� 0000000000 JQ OOOOOOOOOEf} 0 0 0 0 0 0 0 0 0 uiOUnaUnOu)Ou) ,q, ;T M M N N r— T— 64Y 69-> 6F} 6F} 64Y 64 VD- 6F} 64} e- t� fr �¢ w +� fir.. ✓a 9� a� aGA b %z R� aJ a� ✓a9°� 0000000000 JQ OOOOOOOOOEf} 0 0 0 0 0 0 0 0 0 uiOUnaUnOu)Ou) ,q, ;T M M N N r— T— 64Y 69-> 6F} 6F} 64Y 64 VD- 6F} 64} i"t n � N Cl) eF K1 O 4}0 O O }O } 1L U. O O O O O O O O 0 0 0 0 0 0 0 0 O L O u O L O In ,it M M N N— � 619- 69- ffl ff} 69- 69. EA E91 11a b 0 Lf) 40O i" LL V1 O w H Z M J O Z Q LO 0 O N W C � M LL ` O� O V Q N CL w O Q ui LL F- LLJ V J a 3 IL Q a AI -161. Lq L L LO LO L ti U-) Oi N Cl) 'i >+ Q LO 0zo�LL2Q2� LO LLOO N (.0 T-- LO U) M M I- `- ti O It Lq L L LO LO LO L LO U-) C-0 N Cl) 'i >+ Q � 0zo�LL2Q2� LO LLOO M N (6 QcnF- LO T- T- � LO o � N � co U') T- TMI, LO M N It N /'1 [C LO ti (N [OM LO � N CY) N N LO 0 r T- M L L L U C-0 N Cl) 'i >+ Q �"_ 0zo�LL2Q2� O N (6 QcnF- ri1 CITY OF MERIDIAN VACANT POSITION REPORT AS OF March -June 2005 1 of 1 Date Department Job Position Filled New Vacant Pollce Jessica Flores TF Records Clerk ( Christensen) 5/3/2005 3/9/2005 Crime Analyst (Flores) 5/3/2005 In background check Animal Control (Osborn) 3/11/2005 Intern 10/1/2004 Patrol Officer 10/1/2004 Patrol Officer 10/1/2004 Patrol Officer 10/1/2004 Brenda Murdock PT Drug Coalition Coord 5/17/2005 10/1/2004 Kevin Dixon Patrol Officer (Terrell) 6/21/2005 12/3/2004 Richard Riehl Patrol Officer (Robertson) 6/21/2005 12/31/2004 Jaimee Wiebe Patrol Officer (Jeffrey Johnson) 6/21/2005 2/9/2005 Branden Fiscus Patrol Officer(Wellard) 6/21/2005 4/21/2005 Patrol Officer (Wright) 6/2/2005 Water Steve Collier Work person (Anderson) 3/21/2005 12/1/2004 Work person (Collier) 4/7/2005 James Bodnar Work person (Flesher) 3/21/2005 10/1/2004 Parks On Going 15-20 Seasonal Rec Staff 10/1/2004 Varies Nick Cook 8 mo Sea Groundskeeper 4/18/2005 10/1/2004 Juan Sosa 8 mo Sea Groundskeeper 4/12/2005 7/9/2004 Orlando Alvarez 8 mo Sea Groundskeeper Duane Coates 8 mo Sea Groundskeeper 4/14/2005 4/14/2005 10/1/2004 9/30/2004 Tarah Spencer 6 mo Sea Groundskeeper Connie Freckleton 12 mo PT Office Assistant(Eggers) Jennifer Blunk 6 mo Recreation Facilities Supervisor 4/28/2005 3/2/2005 3/17/2005 10/1/2004 10/1/2004 11/5/2004 2/4/2005 Public Works Jonathan Mills Staff Engineer 5/31/2005 Building Inspector Coord 10/1/2004 PW Intern 10/1/2004 Engineering Tech I (O'Brien) 11/21/2004 Dusty Hibbard PW Inspector I (Cole) 4/18/2005 2/21/2005 Max Jensen PW Inspector I (Ankenman) 4/18/2005 HR/Legal Planning & Zoning Intern 10/1/2004 Wastewater Miguel Espinola Collections Operator (Tramelli) 3/21/2005 3/11/2005 Ma or Interns 10/1/2004 [Cq Clerk Interns 10/1/2004 Accountin /ITIMUBS Jaycee Holman Billing Manager (Howard) 6/13/2005 4/11/2005 Fire Ron Anderson Fire Chief 4/4/2005 Pam Orr Safe house Trainer/Fire Ed & Prev 5/9/2005 10/1/2004 12 Paramedics 2 weeks of FY2005 10/1/2004 Judy Gerhart PT Admin Secretary (Guinard) 4/11/2005 1 1 2/25/2005 1 of 1 /ate CITY of MERIDIAN FY2005 Budget to Actual Capital Outlay GENERALFUND vrn nn/,tnrinnc Det Acct Description Carryforward FY2004 BUDGET for FY2005 PURCHASES FY2004 YTD Bud to Act Variance Notes 1310 94300 re lace Mayor Laptop 3,030 2,401 629 1310 94200 conference table & chairs 41500 43440 60 amend from council consulting bud et 1120 960011 municipal center 74,800 4,788 70,013 1510 94300 Com uter not budgeted 1,155 1,155 budgeted laptop bought 2 PCs instead 1510 94300 new computer for IT tech 2,430 1,155 1,275 1520 94300 la to for attorney 2,800 2,753 47 amend from legal budget dollars 1520 94300 2 new computers for attorneys 5,200 3,281 1,919 amend from legal budget dollars 1520 94300 laserjet printer 1,468 1,468 amend from legal budget dollars 2110 94100 #3 2traffic patrol 40,000 29,729 10,271 2110 94100 replace 1996 Ford Crown Vic 13,000 12,738 262 will go to auction 2110 94100 replace 1997 Kawaski Motorcycle 21,000 21,000 will go to auction 2110 94100 replace 1997 Kawaski Motorcycle 21,000 21,000 will go to auction 2110 94100 replace 2000 Ford Crown Vic 34,000 21,653 12,347 lemon - will go to auction 2110 94100 replace 98 Crwn Vic that has replaced 93 Corsica 15,000 16,320 1,320 20W Ford Truck animal control move to Code Enfc 2110 94100 re lace 2001 Chevrolet Impala 34,000 21,771 12,230 falling apart - will oto auction 2110 94100 re lace 2001 Chevrolet Impala 34,000 26,543 7,457 11 failing apart - will go to auction 2110 94100 replace 2001 Chevrolet Impala 1 34,000 25,845 8,155 1 fallinq apart - will go to auction 2110 94300 Library system 20,700 20,664 36 #12 library system 2110 94300 new Computer Server 8,400 9,974 1,574 #7 Computer Server 2110 94300 new laptop computer 2,430 2,268 162 #2 Lieut promo 2110 94300 new laptop computer 2,430 2,316 114 #6 PT antidrug coordinator 2110 94300 replace #308 computer 1,44011 1,287 153 replacement 2110 94300 replace #314 computer 1,44011 1,287 153 replacement 2110 94300 replace #4155 computer 1,440 1,287 153 replacement 2110 94300 Ireplace #4157 computer 1,440 1,287 153 replacement 2110 943001replace#4159 computer 1,440 1,287 153 replacement 2110 943001 replace #4174 computer 1,440 1,287 153 replacement 2110 94300 replace #4175 desktop Computer with Laptop 2,430 2,316 114 replacement 2110 94300 #4178 compute 1,440 1,287 153 replacement 2110 94300 #461 this is a desktop co m uter olice would like to re I 2,430 2,316 114 replacement 2110 94300 #462 computer 1 1,440 1,287 153 replacement 2110 94300 #48 computer 1,440 1,287 153 replacement 2110 94300 #556 computer 1,440 1,287 153 replacement 2110 94300 Walman donated to purchase a cern uI 1250 1,250 donation for computer 2110 94300 new laptop not budgeted 2,316 2,316 2126 94300 new computer not budgeted 1,507 1,507 amend purchased with seizure money 2110 94300 Wireless network 5,000 5,000 WAN equipment 2110 94400 un 1,050 860 190 #32traffic patrol 2110 94400 lasers x2 3,100 3,100 #8 2 lasers 2110 94400 guns 2,100 3,090 990 #9 (4)Reserve Officers 2110 94400 guns 1,575 430 1,145 #1 patrol officer 2210 93302 o ticom for 5 intersections 22,200 5,592 16,608 #4 o ticom 2210 94100 new vehicle for Fire Chief 15,000 15,000 amend for addt'I Fire Chief 2210 94120 contribution to firetruck fund 100,000 100,000 0 #3 truck fund 2210 94200 construct station by Rural Fire 936,750 99 936,651 #2 Station#4 2210 94300 Wireless network x 3locations 15,000 15,000 WAN equipment 2210 94300 Wireless network 5,000 5,000 #2 Station#4 2210 943001 new computer for Fire Chief 1,500 1,500 amend for addt'I Fire Chief 2210 94300 re Iace#463 com uter 1,440 1,583 143 replacements 2210 943001replace#538 computer 1,440 1,583 143 replacements 2210 94300 com uters 4,000 4,000 #2 Station#4 2290 94300 com uter for safehouse 2,000 1,244 756 #1 PT fire prevention position 2210 944001Equipment for repairing hoses 3,000 3,061 61 #5 hose rpr equipment 2210 94400 Iturnout racks,fumishings 36,000 36,000 #2 Station#4 2210 94600 hone 5,000 5,000 #2 Station#4 2210 947001 base station 3,500 3,500 #2 Statki #14 5200 93405 Bleachers at Storey & improvements 285,005 20,000 272,949 32,056 #14 Store Park Bleachers 5200 93409 Chateau Ini ation 40,000 20,173 19,828 council approved to amend 3/2005 5200 93410 u rade tree boxes 49,000 49,000 #10 downtown tree boxes 5200 93415 Boru access improvements 10,000 10,000 #4a Bom property 5200 94300 Wireless Network 5,000 5,000 WAN equipment 5200 94400 Tull Park surveillance equipment 4,729 5,027 298 5210 94400 Groomer for Ballpark 15,000 16,319 1,319 #8 Groomer for Bear Creek 5210 94400 new welder not budgeted 3,575 3,575 5210 94401 Lawn Mower 14,000 12,798 1,202 #5 Z e Mower 5200 96011 Police Park development 10,000 1,902 8,098 #11 Police park development 5200 96156 Adventure Island 104,533 50,000 111,159 43,374 #1a Adventure Island Playground 5200 96900 Park Land 200,000 200,000 #7a land purchase 5200 96902 Bear Creek shelter, bleachers 51,000 8,028 42,972 #5a BearCreek shelter 5200 96903 Settlers trees,fountains,tab les 180,420 26,300 15,221 191,499 #2a Settlers baseball 5200 96903 Settlers comer phase development 5,000 5,000 #8a Settlers comer phase 5200 96904 Settlers Youth Baseball 150,000 1,570 148,430 5200 96910 Centennial Park 8,995 17,456 8,461 5200 96920 Kiwansis equipment & trees 61,765 57,000 10,779 107,986 #3a Kiwansis playground 5200 96921 Lochsa Falls development 144,065 50,000 24,719 169,346 #10a Lochsa Falls 5200 96922 Parkstone/Champion shelterrestroom 11,000 148,000 500 158,500 #6a Champion park 5200 96923 Autumn Faire develo ment & trees 11,000 183,000 5,304 188,696 #9a AutumnFaire Ph#10 1940 94100 new vehide 19,000 19,000 #3 bldg inspector/coordinator 1940 94300 new laptop computer 2,430 1 2,254 176 1#3 bldg inspector/coordinator 1940 94300 new computer 1,440 1,440 #3 bldq inspector/coordinator 1940 94300 replace #1215 computer 2,000 1,225 775 #1215 computer 1940 94300 replace #1202 computer- 2,000 1,225 775 #1202 computer 1940 94300 replace #1297 computer 1,440 1,225 215 #1297 computer 1940 94300 new computer 1,440 1,225 215 #1 depart sialist 1920 94100 new vehicle 14,500 15,050 550 #1 code enf position 1920 94300 new computer 2,500 2,401 99 #1 code enf position 1910-67300 new computer & arcview, 2,710 1 1,596 1,114 #1 AssociatePlanner 1910 94300 new com uter & arcview 2.7101 1,596 1,114 #2 AssistantPlanner 1910 94300 re lace #1502 computer 1,440 1,596 156 #1502 computer 1910 94300 Wireless Network 20,000 20,000 WAN equipment excess carryforward 43,759 43,759 General Fund TOTAL Capital for FY2005 1,005,271 2,563,545 905,756 2,663,060 1 of 1 /"Ak CITY of MERIDIAN FY2005 Budget to Actual Capital Outlay ENTERPRISE FUND vrn nai,zni,)nnr /^. Dept Acct Description Carryforward from FY2004 BUDGET for FY2005 PURCHASES FY2005 YTD Bud to Act Variance Notes 3200 94100 new vehicle 1 19,000 14,740 4,260 #3 Site Rep 3200 94100 new vehicle 12,000 12,000 #8 capital 3200 94100 replace 1988 Buick LeSabre 14,000 13,368 632 replacements 3200 94100 1 replace 1994 Ford Truck 76,337 miles) 19,000 7,019 11,981 replacements 3200 94300 new laptop 2,430 1,336 1,094 #3 Site Re 3200 94300 new computer 1,500 8,842 (7,342) #1 GIS anal st 3200 94300 new computer 1,500 1,336 164 #2 En Tech II 3200 94300 new computer not budgeted 1,336 (1,336) 3200 94300 new computer not budgeted (for Len Grady) 3,370 (3.370) 3200 94300 new laptop not budgeted 2,201 2,201) 3200 94300replace #1200computer 1,500 1,038 462 replacements 3200 94300 replace #1196 computer 1,500 1,014 486 replacements 3200 94300 replace #1204 laptop w/docking station & car mount 2,800 2,154 647 replacements 3200 94300 replace #3228 laptop w/docking station & car mount 2,800 2,154 647 replacements 3200 94300 replace #1194 laptop w/dockin station & car mount 2,800 2,424 377 replacements 3200 94300 Wireless Network 40,000 40,000 WAN equipment 3200 94400 new field equipment 12,700 1,499 11,201 #8 capital 3300 94300 Software upgrade 23,450 16,500 6,950 #1 upgrade caselle 3300 94300 replace #4539 tape backup 5,000 4,540 460 replacements 3300 94300 re lace #465 Computer Server 8,500 7,476 1,024 replacements 3300 94300 new server not budgeted 3.264 (3,264 3300 94300computerrack system not budgeted 1,137 (1,137) 3400 94100 replace 1993 Ford 89,985 miles 19,000 13,119 5,881 replacements 3400 94300 replace #513 computer 1,500 1,507 (7) replacements 3410 93301 Telemetrics 13,330 5,988 7,342 3410 93510 urban renewal 96,000 100,000 196,000 #14 urban renewal 3410 94100 new vehicle 19,000 17,315 1,685 #1 operator III 3410 94100 new vehicle 19,00017,875 1,125 #2 operator 1 3410 94300 new computer 1,440 1,288 152 #1 operator III 3410 94300 1 new computer 1,440 1,288 152 #2 operator 1 3410 944001carry for hydrants 9,800 9,800 3410 94700 radio equipment 25,000 25,125 125) #3 radio equipment 3410 94700 radio equipment 11,000 8,295 2,705 #3 radio equipment 3410 95010 a ui menl for wells 50,000 5,555 44,445 #12 capital for wells 3410 95031 20 fire hd rants $1050each 21,000 21,000 0 #13 new wells 3410 96111 lWaterTower upgrade 15,270 1 15,270 3490 95010 well security improvements 1 100,000 23,090 76,910 #6 emergency respons 3490 92000 1 Building expansion 17,400 1 1,200,000 1,217,400 #11 bldg expansion 3490 96120 well #20b 710,000 164,343 545,657 #13 new wells 3490 96133 Well#22 114,100 114,100 3490 96140waterlineextensions 1,131,250 1,230,000 1,330,119 1,031,131 #13 new wells 3490 96149 Well #24 41,325 41,325 3490 96150 1 Well #25 126,135 116,816 9,319 3490 96157 Well #26 271,125 325,378 (54,253 3490 96158 Well #27 500,000 45,696 454,304 3490 96166 Well #28 500,000 500,000 #13 new wells 3490 96167 Well #29 200,000 200,000 #13 new wells 3490 96168 Well rehab BearCreekPark We1122 per Len combine v 100,000 100,000 #13 new wells 3510 92000 Truckbay 0 0 #8 truckba &wash rack 3510 94100 new vehicle 18,000 15,835 2,166 #5 operator 1 3510 94300 new computer 6,800 5,743 1,057 #5 operator 1 3510 94300 re lace#3722 computer 1,500 1,743 243 replacements 3510 94300 re lace Old Logical Computer 2,000 1,743 257 replacements 3510 94300 replace #3708 computer 1,500 1,743 243 replacements 3510 94400 re lace #3667 Band Saw 1,000 1,000 replacements 3510 94400 news specific ION meter,microsco a 7,500 6,125 1,375 #6 capital 3510 94400 me er,fla ole,radio 8,500 4,960 3,540 #6 capital 3510 94400 lathe,parts washer,stora a bins 5,600 3,908 1,692 #6 capital 3510 94400 mower attachment,impact wrench 2,500 2,500 #6 capital 3510 94400 re lace #3668 Drill Press 1,000 1,000 replacements 3520 93510 urban renewal 100,000 100,000 200,000 #10 urban renewal 3520 94400 Lift Station scada 25,000 25,000 #7 scads 3590 93505 sewerline extensions 200,000 700,000 137,022 762,978 #9 sewerline extensions 3590 96142 South Slough Trunk 121,000 121,000 3590 96151 Wredesign 1,552,000 10,706 1,541,294 3590 96155 Thickener DAFT 75,300 (50,000) 25,300 3590 96159 Centrate Basin 464,325 280,000 53,458 690,867 3590 96162 Blackcat Trunkline 2,952,500 4,140,000 2,660,822 4,431,678 plus N Blackcat @ $450,000 3590 96163 Blackcat Liftstation 2,368,800 855,000 593,661 2,630,139 3590 96164 Headworks 519,900 673,230 153,330) 3590 96165 North Slough Trunk 933,770 500,000 989,452 444,318 3590 96170 WWTP plant upgrade 8,275,000 1,011,513 7,263,487 #1 plant upgrade excess carryforward 865,490 Enterprise TOTAL Capital for FY2005 12,488,820 19,359,760 1 8,392,206 22,590,884 1of1 CITY OF MERIDIAN FY2005 POTENTIAL BUDGET AMENDMENTS as of 06/30/2005 Budget Changes that need Council Approval approved posted to Item# Fund Dept Account Revenue Expense Description by council MIP 1 20 1840 33100 $ 217,423 increase revenue and expenditure for the LP Business Grant administered by the City yes 20 1840 85000 $ 217,423 mcrease revenue and expenditure for the LP Business Grant administered by the City yes Parks Recreatlon Software - $1,500 from salary savings 2 1 1310 94200 $ 4,500 in ease Mayor capital budget for conference table and chairs yes yes 1 1120 55103 $ (4,500) decrease Council ca,sdung budget for conference rows and chairs yes yes 3 20 2126 33120 $ 31,545 increase revenue for Drug Succure receipts 1/25/2005 39500 20 2126 88001 $ 31,545 increase expenditures for Drug siezure receipts 1/25/2005 4 1 1520 personnel $ 77,557 race -contracted attorney budget to new city a ft mey budget 1/25/2005 yes 1 1540 personnel 3490 $ 12,000 (increase HR wages for msmasa in director salary) 1/25/2005 yes $ 1,137,600 budget for Letec- payments b developers 1 1520 operating 3590 $ 60,018 (attorney operating plus tha balance for contracted legal services) 1/25/2005 yes $ 1,320,300 budget for Latecomer payments to developers 1 1520 capital $ 8,000 (computers and printer) 1/25/2005 yes increased revenue due to new assessmeal fee 1 1840 operating 3590 $ (157,575) 1/25/2005 yes 5 1 5210 53100 $ 8,300 Increase Parks maintenance budget to replace Tully Park doors due to vandalism Jun04 1/25/2005 yes $ 680,000 increase Blackcal lift station budget 1 1840 89999 $ (8,300) decrease the addition to fund balance 1/25/2005 yes 6 1 2210 41200 3590 $ 40,000 additiorw expanses for naw Fire Cover Mar2005 yes $ 450,000 approved naw project for Norm Black Cat trunk & lift station 1 2210 42021 $ 3,088 yes $ (450,000) decrease fund balance 1 2210 42022 3590 $ 4,156 yes $ 3,370,000 increase Blackest Trunk budget from 98170 plant expansion budget 1 2210 42023 3590 $ 1,247 yes $ 175,000 increase Blackcat lift station budget 1 2210 42025 3590 $ 4,332 yes $ 500,000 increase Norm slough Trunk budget 1 2210 41304 3590 $ 363 yes $ 150,000 increase Carlisle Basin budget 1 2210 55301 3590 $ 500 yes $ (4,195,000) decrease Plant Expansion budget 1 2210 54104 3590 $ 2,800 yes $ 130,000 increase Centrale Basin budget from 2line Item vanifsm 1 2210 52201 3510 $ 1,000 yes $ (80,000) decrease Truck Bay to transfer budget dollars to Centrale Basin 1 2210 53105 3590 $ 500 yes $ (50,000) decrease Thickener Project to transfer budget ddlars to Centrate Basin 1 2210 53106 3490 $ 500 yes $ 300,000 increase Well#20b budget from a line Item transfer 1 2210 54130 3490 $ 1,200 yes $ (300,000)decr mWell#29lotransferbudgelddlarstoWe11#20b 1 2210 57200 $ 1,000 yes 1 2210 60101 $ 200 yes 1 2210 69900 $ 50 yes 1 2210 94100 $ 15,000 yes 1 2210 94300 $ 1,500 yes 1 2210 34220 $ 19,359 Rural Fire share of new Fire Chief expenses yes 7 1 5200 $ 10,000 Maintenance for Jaw 8 1 1540 HR requested to move operating money b persomrel for intern to develop online applications GENERAL FUND "68,327 $ 336,403 ($68,076) 8 7 5200 93409 $ 40,000 increase budget for Chateau Park irrigation from Park Impact Fund Mar2005 yes 7 5200 96920 $ 176,900 increase budget for Kiwanis Park from Park Impact Fund 7 5200 96921 $ 400,000 increase budget for Hero Park from Park Impact Fund 7 5200 96904 $ 918,000 increase budget for Settlers Youth Baseball from Park Impact Fund 7 5200 96156 $ 50,000 increase budget far Adventure Island Playground PARK IMPACT FUND 3 3 1,584,900 1$1 584900 9 50 1940 99500 $ 1,897,123 transfer FY04 special Svc fund bei msmas r to Capital improvement Fund 55 1500 39500 $ 1,897,123 increase Capital Improvement Fund vith transfer from special service Fund SPECIAL SERVICE FUND 3 1,897,123 3 1,897,123 ($p) 10 62 3490 80150 $ 1,137,600 budget for Letec- payments b developers 1/25/2005 62 3590 80150 $ 1,320,300 budget for Latecomer payments to developers 1/25/2005 62 fund bal 1,200,000 increased revenue due to new assessmeal fee 1/25/2005 11 60 3590 96162 $ 320,000 increase Blackcat Trunk budget from 098170 plant expansion budget approved 1/182006 �'OV 1118/2005 yes 96163 $ 680,000 increase Blackcal lift station budget 1/1812005 yes 60 96170 $(1,000,000)decreassPlant Expansionbudget 1/18/2005 yes 12 60 3590 96162 $ 450,000 approved naw project for Norm Black Cat trunk & lift station 2/1/2005 yes 60 fund bal $ (450,000) decrease fund balance 2/1/2005 13 60 3590 96162 $ 3,370,000 increase Blackest Trunk budget from 98170 plant expansion budget 218/2005 yes 60 3590 96163 $ 175,000 increase Blackcat lift station budget 2/8/2005 yes 60 3590 96165 $ 500,000 increase Norm slough Trunk budget 2/8/2005 yes 60 3590 96159 $ 150,000 increase Carlisle Basin budget 2/8/2005 yes 60 3590 96170 $ (4,195,000) decrease Plant Expansion budget 2/8/2005 yes 14 60 3590 96159 $ 130,000 increase Centrale Basin budget from 2line Item vanifsm 4/25/2005 yes 60 3510 94400 $ (80,000) decrease Truck Bay to transfer budget dollars to Centrale Basin 4/25/2005 yes 60 3590 96155 $ (50,000) decrease Thickener Project to transfer budget ddlars to Centrate Basin 4/25/2005 yes 15 60 3490 96120 $ 300,000 increase Well#20b budget from a line Item transfer 4/25/2005 yes 60 3490 96167 $ (300,000)decr mWell#29lotransferbudgelddlarstoWe11#20b 4/25/2005 yes ENTERPRISE FUND 3 1,200,000 $ 21457,900 1$1 257900 Head at add Water Meter tdt r -I l0 6l M O 00 N l0 -1 O M (7)l0 1--1 M Co d' N N l0 ro A M r M LO N r 0 l0 M LO Ln M M l0 O N r l0 H 4) Ol Ol r l0 N O lO r -I V� M l0 M M LO � G' N r � dl W LO N 0) r M Ol 00 M d' LO r-♦ d' OD -A T M 01 O �' ri N Ol to O O C-- M -1 r NCD OD O N OO r l0 Ln �_ r 14 Ll M M N O r-1 6l M d; C - M r M M 7l r 00 Cl M Cl 01 N tD ro (3) N 00 M M 61 N M N r Ol M 00 61 M r-♦ N Ln M ( 1 10 d' d' l0 01 Ln 61 Ol M r Ol N -A Co N d' M CD ,.,Y N 04 l0 M N r -i O .rl 14 a r•1 Im — opo ow ow ow ow ow ow ow ow ow ow ow ow opo ow ow opo � .. ro a owow oo p1 OD O O O M l0 O r o N 1-4 M to r 00 LO ow ao 4-)•r1 co r lO .-4 r l0 M dl 1-1 N r r 61 LO d' M r `-i M CO N O ° a lO 0') W fl F •rl D) dl OD M �' N rl CO ri N r O ri O N d' fd r Ol -1 r M M N Mm r M d' �' r M m r r d' 00 41 d N v v N m a U N m a bi b a� 41 m - --- CO -- LO r o O N r l0 N m 11 M M N O M 'T e! _J 6l 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W S4 W in L14 U m W i4 W W E W W U w >1 .H � v v u .x - 3 o ro W W ro O F� v v v v v cx m v v v O ro u 4� Q +1 4� U U z3 -H a, U 'o v U C O + m W a p o+ + - v C v W C ro ro ro n E H U o a�< ro U i ro � M w 3 U x 3 ro 3 w ro Ln H H +) 0 H H +1 O cn oa 4 z +-1 Li +-) E U � m E F E b E GJ E w a o ro u z Q FA -Ma Department Report MERIDIAN CITY COUNCIL MEETING August 9, 2005 APPLICANT Finance Department - ITEM NO. 6-B-1 REQUEST Proposal for Heroes Park Construction ��-- 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 aftched Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Meridian Parks & Recreation Memo RECEIVE[: JUL 2 8 2005 City of Meridian To: Mayor / City Council City Clerk Office Cc: Will Berg � ,�n"�w�r From: Doug Strong L1 Date: July 28, 2005 Re: Heroes Park Construction The Parks Staff is requesting approval of the proposal for construction of Heroes Park located next to the Lochsa Falls Subdivision. A request for bid, letter of invite for the construction project included asphalt roadways, concrete curb and gutter, concrete sidewalks, pathways, site utilities, site grading, traffic control, irrigation pond, parking lot, concrete jersey barrier, storm water swales and drain which was provided by Stanley Consultants, Inc. Bid opening for the project was May 18, 2005 and the closing was on June 24, 2005 with no bids submitted for the project. A proposal and contract was received on July 21, 2005 from C & A Paving company for the construction work listed above in the amount of $718,944.25 based on the plans provided by the Stanley Group dated June 03, 2005 with quantities based from the original bid schedule. The proposal listed above is within the budgeted amount and the additional monies approved at City Council July 26, 2005 from the Park Impact Fees. Staff is requesting that this item go before the City Council under the consent agenda or as a department report for discussion at your August 9, 2005 meeting. The Proposal and Contract from C & A Paving Company is attached. C & A PAVING CO. 4015 S. Banner Street • Boise, Idaho 83709-5511 (208) 362-4244 Fax (208) 362-4190 CEIVEIIN Proposal & Contract RPE To: Stanley Consultants, Inc. Estimate: 7810 1940 South Bonito Way Project: Heroes Park Suite 140 Meridian, ID Meridian, ID Date: Name: Phone: Fax: July 21, 2005 Doug Brooks 288-0573 288-0574 Item Work Description Estimate Unit Unit Price Number Quantity Description Price Totals 1 Mobilization 1 Lump Sum $14,444.00 $14,444.00 includes: payment & performance bond 2 Vertical Curb & Gutter 6134 LF $14.00 $85,876.00 includes aggregate Import, & preparation 3 Concrete Sidewalk 4716 SF $3.00 $14,148.00 Includes aggregate import & preparation 4 8" PVC Sewer Service -includes test & inspection 350 LF $38.00 $13,300.00 5 8" PVC Water Service -includes test & Inspection 1370 LF $36.50 $50,005.00 6 Strom Water Swales-ponds #1 & #2 1 Lump Sum $54,335.00 $54,335.00 Includes: top soil & hydro seeding / Ten Mile borrow ditch scope 7 Irrigation Pond 1 Lump Sum $102,033.00 $102,033.00 Includes: pump station, wet well & aerator pump to be rated @ 500 gallons per minute per specifications 8 Traffic Control 1 Lump Sum $4,005.00 $4,005.00 includes: ACHD permit, stabilized construction entrance traffic control on Ten Mile for borrow ditch. dust control, mobile rotary vacuum sweeping, d.l. protection 9 Asphalt Roadway 14587 SF $2.05 $29,903.35 section Includes: 12" pit run, 4" 3/4" road mix, 2.5" A/C pavement 10 1Asphalt Pathways 14201 SF $2.00 $28,402.00 section includes: 8" pit run, 4" 3/4" road mix, 2.5" A/C pavement 11 Parking Lot 124552 SF $1.25 $155,690.00 includes: excavate to design grade elevations, section includes: 12" pit run, 4"3/4" road mix, graded for paving 12 10' Concrete Jersey Barriers 12 Each $175.00 $2,100.00 delivered & Installed 13 Irrigation Pond 23530 SF $0.45 $10,588.50 Includes: final shape / fine grading & compaction 14 Irrigation Pond 1 Lump Sum $47,655.00 $47,655.00 includes: 4' to 6" sand bedding, 40 mill pond liner, mirafi fabric native rill dirt material cap, 5' wide cobble border Parking Lot Paving 1s 2.5" Asphalt Paving 124552 SF $0.70 $87,186.40 Storm Drain 16 12" SDR -35 120 LF $15.75 $1,890.00 17 1,000 Gallon Sand & Grease Traps 5 Each $2,785.00 $13,925.00 16 PCC Channel 12 LF $57.75 $693.00 19 12" End Section w/Rip Rap 2 Each $997.50 $1,995.00 20 Type III Concrete Drop Inlets 2 Each $385.00 $770.00 Special Notes: 1) This estimate is based on plans provided by Stanley Consultants dated 6/3/05. Quantities are based from the original bid schedule. 2) Permits, engineering, staking, material testing (if required) is not Included. City Of Meridian. City Clerk Office Total: $718,944.25 All material and work is guaranteed to be as specified. Plans and specifications are a part of this proposal. All agreements and warranties expressed or implied are only as attached in written form. Any alterations or deviations from project specifications involving extra costs, or any additional quantities, will become an additional charge over and above attached specifications. This contract covers only the work noted above. It does not include unforeseen problems or other work items. C & A Paving Co. is not responsible for damage, costs, or impact caused by or to any hidden or unknown items. Alterations, changes, additional work, unforeseen impacts, or deviations from this contract specifications will become an additional charge, due and payable. "Any required sub -grade repairs, which are discovered will be charged at time and materials. C & A Paving Co. is not responsible for existing base or design ' problems. "C & A Paving Co. cannot be responsible for drainage or water ponding on slopes of less than 1.0% or where grade is dictated by surrounding area. Patching can plug water drainage and can thus create ponding. This is a unit price contract. The contract amount is based on estimated quantities. Actual payment will be on final quantities completed. All implied, am only in agreements and/or rsu successors in interest.rm written fo. This is a fully integrated contract. This agreement is binding upon heirs, assignors, and \\`\` As a proposal, the prices quoted are good for ten (10) days from the date noted at the top of the proposal. \�\ �.4 "Full payment is due and payable on completion of work. Progress payments will be made if completed in stages. Interest will be charged at 1.5% per month or 18% A.P.R. for delayed payments. All expenses C & A Paving Co. incurs in the collection of money due will be reimbursed to C & A Paving Co. incurs reimbursed to C & A Paving Co. including attorney and consultant fees. "Retention not to exceed that withheld by owner. Full payment upon completion of above work. n� j 40 � ` _ � ( // Price is is based on nothing preventing C & A Paving Co. from full production. No standby is included in price. QQ TT ' C & A Paving Co. Cues r = w+1CAL arae Chris Sheppard"r n re to Sig EC & A A PAVING CO. 4015 S. Banner Street* Boise, Idaho 83709-5511 (208) 362-4244 Fax (208) 362-4190 Proposal IS. Contract Ta Stmisy Camullantls, Baac -""�- Me NOR: my21.2m5 194aour tm samWay ProJav: Heroes Park Namd eo" ®roofs Soft 141 Yeridlau ID Fbm c 2514577 MwWi %p Fs 2560674 item) work Description Estimate unit Una Poke Nurrber Quantity Description Price Totals t Mobilization 1 Lump Sum $14,444,00 $14,444.00 MCWdrm payment a pertormmxa bond 2 Vwdcal Curb & Gutter 6174 LF $14.00 $85,876,00 &WkIdes agpeyats import. a preps -fon 2 Concrete Sidewalk 4715 8F Ssao $14,148.00 11Mu5des ante Importa pnpraNcn 4 8" PVC Sower ServIce4od dsa beef A kuyeceron 350 LF SU 00 $13,30000 5 8 PVC Water Service-awudes foga i DISFmcd— 1370 LF $7&50 550,005.00 s Stom Water Swelealwnde #1 & 92 1 Lump tum $$4,335.00 $54.335.00 inefi dm: top sac a by" seedrrrg/ rev MOs borrow dacb aeOps 7 Irrigation Pond 1 Lump sum $102,033.00 $102,033.00 Mcludw pomp saa6on, wet was a maw pomp to. be raW 0 SO yaffoes per minute perspeaWca8ons a Traffic Control i Lump sum $1,005.00 $41005.00 inchides: ACID perwk sWhiU2sdc0nstruCftn entrance drank control on Ten Age for barrow dMh dust cw*ol. vi blls wavy vacuum sweepft. d i_ pro(eedon s Asphalt Roadway 14587 SF SZO5 $18MM35 sottiom lhaudes: 12' pN may 4' 34' road mbc 2 5' A/Cpevamast to Asphalt Pathways 14201 SF $Y00 $20AC2.00 sexOon frxAades: 0' p0 ran. 4.3ti!'roed mfr 2 5' A/C pavemnrrf tt Parking Lot 124552 SF $1-25 $155 tr9D.00 frrCfrrdel: lsdgae b dost a aneos eoevauonA seebon baekdes: it pN rat, 4' W road mac aT4dOd lorpirram 12 10' Concrete Jersey Barriers 12 Ewen $175.00 1O0jOO dWhwed a hmALled 13 Irrigation Pond 23510 SF $045 $10,508.50 ftakodon. scat shape/ase 0radby a compaction . 14 irrigation Pond i Lump awn $47,655.00 $47,96&00 firaiud m: 4' fo r asmdbedtlrnp 48 mAr pond baron aeba0 tbbrlc faros ae &WfiNdW W nap. 8' wide cobble borakr Parking Lot Paving is 2.5' Asphalt Paving 124652 SF $0.70 $07186AO Storm Drain ' is 17' SDR -35 120 LF $15.75 $1,800.00 17 1,000 Gallon Sand & Groom Traps 5 Each $2,75&00 $13.825.00 to PCC Channel 12 LF $57.75 $893..00 is 12' End Section w/Rip Rap 2 Each $99750 $1,995.00 28 Type IN Canfyate Drop inlets 2 Each $185.00 $770.00 sPedif )i Me saaam e le bend an pleas pwided by Sumdep comokeno damd sfaas Owndfas are band k mfte o.+jml bid adbdlde. 2) Perpls eagbrn1100 aaaldrrI, MOO -W aaW W Of malebe4 it sot inducted Total: $718,94425 Ap me mW and oak is patnalm d to be m apedsad. Pima and spedmrois are a pdtaf sfs poWAt M egmemeai and waMudkK epaand er . .. meo*= atlsAadbadawfurm ArryaaeammaderAasarrssac ProJeet epmnwOons lnwHirp eats ooW armyeddrom14Um 1m as become an stkMmal cherpeomr and above altadmd spadisamm. This aaared Cores 0*08 oak eobd above. ■ does netbdide ensameer Paelem Or OUWWDfk kem C&APadn9Co1emot reepee0- br demne awe. or' 1cmid byarb ary hidden at ueisroam alms. Albmrorm daopm nddnmaf trek waaemm loperb or devWww fmm this mrarettspedeoa6 m as become m admamd cldiya, dun and payatia Ar,ys,b.pad.wpr4s wrktroarmaeW ora be eheyedaane nod adbAeb eBAPaAnB Co brotraeparrdble far mirlop bsmadmlpr pmhlem %aA�+rb9CaCeiatotheemporbblebrdpnYopsamdepmdbgmabpmNbmriml0%artdraepaleisdaddedbyeueoedepaoea Pathkg can Ois9 volar drad0a and ran ihm asaY POMM . Tib b a rad price cmbscL The tmkaCtaawlis based en esrintlbA 4nnan6fes. Adod1 osymer4 aY Irma, Mal9rma0/es mmpbbd -An aOmmte- mvVWmrm6eLeland- p 4 ie'orinpSW aeonfyhmlUmfomc Ttlsbebay- g - mdmq. - TlsaOpammtis- hlanr0spmhats.aesb MaMancsdanein Ytrsmt As a pmpoaa . the pion 4adno w Oam far lem (t%dere fom Oasdals Clod et rie 1OP Brie ploposd T-apsyamdisdmeadpopwan are I ofeek Popes Dafinesb aA bemMermmPdedhdepes. bdmlwabedmpeddIS%prmwo w l$%A.PR brdanyedpsymeeb. A4eopewesCaAPmbg Cabrambri cmlocW rofmmeydm AberaimpumWtoCRAPnriap Co (taus reim*wwW b C: A PwMg Co. irdrr — sawney and casuaaA lem. lk-a"don rot bmored ridwadmtlbywmer Ftsp"ftWWanm OMndaborarwd: Pita b basad en.olio aaredko C &A Pavina Ca atm hA ptodutson No aMW is bmbded in erre. C & A Paring Co. Customer Name Chris ShePpwd Signature & Date 1001. nio Department Report MERIDIAN CITY COUNCIL MEETING August 9, 2005 APPLICANT Police Department — Chief Musser ITEM NO. 6-C-2 REQUEST Introduction of Blitz - new MPD K-9 Puppy 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 stall become properly of the City of Meridian. r-. Department Report MERIDIAN CITY COUNCIL MEETING August 9, 2005 APPLICANT Planning and Zoning Dept. — Anna Canning ITEM NO. 6-D-1 REQUEST Discussion of Ada County Application for Cell Tower along Highway 69 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. /h CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Rezone of 3.2 Acres from R-4 to C -G AND Conditional Use Permit Approval for a New 14,490 Square -Foot Retail/Pharmacy Building with Two Drive - Through Lanes, by Hawkins Companies. Case No(s). RZ-05-008, CUP -05-029 For the City Council Hearing Date of. August 9, 2005 A. Findings of Fact Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the August 9, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). C. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-05-004, CUP -05-012 - PAGE 1 of 4 a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is the Idaho Conference of Seventh -day Adventists, Inc. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibits E and F for the findings required for each type of application. 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 Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, 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 11-17-9. 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 and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan Dated June 7, 2005 as shown in Exhibit B, and Conditions of Approval in Exhibits C and D. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's rezone as evidenced by having submitted the Survey and Legal Description in Exhibit A is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated June 6, 2005 is hereby conditionally approved; and, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-05-004, CUP -05-012 - PAGE 2 of 4 3. The site specific and standard conditions of approval are as shown in Exhibits C and D. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.13.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Site Plan Exhibit C: Rezone Comments CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-05-004, CUP -05-012 - PAGE 3 of 4 100"I" A-I*N Exhibit D: CUP Conditions of Approval Exhibit E: Zoning Amendment Findings (Rezone) Exhibit F: CUP Findings By action of the City Council at its regular meeting held on the L91h day of ll - , 2005. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED t f n VOTED VOTED VOTED VOTED Mtyor �y de Weerd Attest: o , - SEAL William G. Berg, Jr., Ciq Cl rk 1� Copy served upon Applicant, The Planning�ing,Department, Public Works Department and Cit Attorne . By: Dated:_ Ci y Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-05-004, CUP -05-012 - PAGE 4 of 4 11"IN EXHIBIT A Walgreens on Ten Mile Road RZ-05-008 Legal Description 441-— - IDAHO f450 E3. -,c V-/attrtz,,( S. SURVEY Suite 150 GROUP Nat- 81647 Phone 1103) 846,8570 F� (Mi 8e4 3391 Project No. 05-013 April 15, 2005 DESCRIPTION FOR TEN MILE AND CHERRY LANE PARCEL REZONEHAWKINS COMPANIES A parcel of land located in the SW114 of the SWI/4 of Section 2, T,3N., RAW., 8-M.. Meridian, Ada County, Idaho more Particularly described as follows: BEGINNING at the SW corner said Section 2: thence along the West boundary line of said Section 2 North 0019-07" East, 345.50 feet; thence leaving said East boundary line South 88'38'31" East, 317.50 feet: thence South 00'19'07' West, 50.00 feet; thence South 88°38'31" East, 100.00 feet; thence South 0019'07" West, 295.50 feet to a point on the South boundary line of said Section 2; thence along the South boundary line of said Section 2 North 88-38,31-, West, 417.50 feet to the REAL POINT OF BEGINNING, containing 120 acres, more or less. Prepared by: Idaho survey Group. P'C' �I 29 Gregory G. Carter, P.L.S. rummi;- (05- 0 1 -V D—Iner ts'ZQN I NcDESC. dA Els I IS T :fro qo SI .eau -,RK-RF-- 'U 9 mmz 5.-j X n C, 0 > :42 C (A )OZ— Ln P1 EXHIBIT B Walgreens on Ten Mile Road CUP -05-029 Approved Site Plan ___ . Nl7t T J� t'� Q zi. ._. t I GI!.4YL Y.k� 4'i: d1L'�S(Oh' d � j S Q. �t YTS Mn i _ t 7�S,§ frm5 o g I !, i F al � 1 t P� A �� ! ! m ;Jz 1 a9UNE s £ d I - , G J ; -Tr i t I GI!.4YL Y.k� 4'i: d1L'�S(Oh' d � j S Q. �t YTS a r x 7�S,§ frm5 o g I !, i F al � 1 t P� A �� ! ! m ;Jz a9UNE s £ d EXHIBIT C Walgreens on Ten Mile Road RZ-05-008 Rezone Comments Recommended deletions are &t k eth ghJ and additions are in bold and underlined. ZONING AMENDMENT COMMENTS (Rezone) 1. The subject property is within the Urban Services Planning Area. The Public Works Department has confirmed that the submitted legal description meets the requirements of the City of Meridian and the Idaho State Tax Commission. 2. Prior to the rezone ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary at 888-4433 to initiate this process The DA shall incorporate the following: • That no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a Certificate of Zoning Compliance (CZC). • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That all future uses on the property shall be required to obtain a Conditional Use Permit prior to construction/operation. • That the hours of operation on this property shall be limited to 6 a.m. to 44941 p.m., unless otherwise modified through a future Conditional Use Permit. • That vehicular access to this site shall be restricted to those approved by ACHD and the City. EXHIBIT D Walgreens on Ten Mile Road CUP -05-029 CUP Conditions of Approval SITE SPECIFIC CONDITIONS 1. The site plan prepared by Hawkins Companies, labeled 1D 692E LE -1, dated 6-7- 05 7-26-05 is approved as submitted. The landscape plan prepared by South Landscape Architecture, P.C., labeled L-1.0, dated 3-11-05 is not approved as submitted. With the Certificate of Zoning Compliance (CZC) application, submit a 2evisecl site plan and a revised landscape plan that show the requested right-of- way dedication and reflect the other changes noted in the conditions below. 2. Prior to issuance of a Certificate of Zoning Compliance (CZC) for this site, the applicant shall submit written documentation that includes consent from the property owner to the north (currently Vance) to construct an off-site driveway to Ten Mile Road. Documentation providing reciprocal cross -access for both property owners to use said driveway shall also be provided. Further, the applicant shall approach the other property owner to the north (Parcel No. S 1202336314) about removing the southern driveway they have to Ten Mile Road and utilizing the proposed shared driveway as well. If the proposed shared driveway to the north does not get built for any reason, an all weather access road must still be maintained to provide access for City of Meridian maintenance crews to the well house. 3. The submitted landscape plan prepared by South Landscape Architecture, P.C., dated 3-11-05 is not approved as submitted. The applicant should submit 10 full size copies and one 8.5" x 11" copy of a revised landscape plan to the City Clerk at least 10 days prior to the City Council hearing. The following modifications should be included in the revised plan: a. Construct a 25 -foot wide landscape buffer along Ten Mile Road and Cherry Lane, located entirely outside of the right-of-way. The sidewalk for Cherry Lane and Ten Mile Road may not be counted as part of the landscape buffer width. In accordance with MCC 12-13-10, install one tree within said buffer for every 35 -feet of frontage on the Cherry Lane and Ten Mile Road. b. Construct a 25 -foot wide landscape buffer along the east property line. The easternmost edge of the driveway to Cherry Lane shall be located a minimum of 25 -feet from the east property line, and not encroach into the landscape buffer. Said buffer shall contain materials in accordance with MCC 12-13-12-3. c. Replace the existing wood fence along the east property line and construct a six-foot tall CMU wall, as proposed. Construct a four -foot tall CMU wall along the north landscape planter, as proposed. Exhibit D 1'� _^N d. Construct a 4 -6 -9 -foot wide landscape buffer with trees and shrubs between the retail use and the existing home to the north, as proposed. Said landscape buffer is approved with alternative compliance. e. Construct internal planter islands within the parking area to prohibit 13 or more continuous parking stalls. Each interior planter shall be landscaped with at least one tree and shall be covered with low shrubs, lawn, or other vegetative groundcover (MCC 12-13-11-3). f. Construct a minimum 5 -foot wide landscape strip from the north property line and the drive aisle (adjacent to the City well lot). Plant a minimum of one tree per thirty-five feet and shrubs, lawn, or other vegetative groundcover within said landscape strip (MCC 12-13-11-2). g. The applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection/mitigation plan for the existing trees on site. h. The applicant shall construct additional screening for the White property to north, including a 4 -foot fence along the southern property line of the White property (Parcel No. S 12023 3 63 14), as proposed. 4. The area shown for future development on the submitted site plan shall be Improved with Brass until further use is determined. This future pad site does not currently have its own lot and a division of the property will be required prior to issuance of a building permit for a second principal structure on this site. 5. No signs are approved with this CUP application. All business signs require a separate sign permit in compliance with the sign ordinance. All signage shall be in accordance with the standards set forth in this report and Section 11-14 of the City Zoning and Development Ordinance. 6. Meridian City Code requires that this site be served with a pressurized, underground irrigation system. Use of non -potable irrigation water is required when determined to be available by the City Public Works Department as regulated by MCC 9-1-28. If a creek or well source is not available, a single - point connection to the municipal water system shall be required. If a single -point connection is used, the developer shall be responsible for the payment of assessments for the irragable common areas prior to signature on the final plat by the Meridian City Engineer. 7. At the public hearing, the applicant shall update the Commission on the outcome of the meeting with the Meridian Police Department regarding means of increasing visibility to the drive-through facility. S. Sanitary sewer service shall be from the city of Meridian's existing systems adjacent to the site. Upgrading of existing service lines may be necessary to provide a level of service different from the current church use. The future pad site is being shown to be served by a stub from an existing main in W. Cherry -2- /'N Exhibit D Lane. No sewer main exists at this location. The applicant will be required to install any new mains that may be required to provide service. The applicant shall coordinate main sizing and routing, for any needed main, with the City of Meridian Public Works department, or submit detailed design plans for how the applicant proposes to service the future pad site with sewer. 9. Water service to this site is being proposed via an extension of service lines from water mains located in the private drive abutting the north side of this project. The applicant shall construct any water mains necessary to service this proposed development. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Coordinate main size and routing with Public Works. 10. Any future change of use on the property shall require conditional use permit approval. 11. Comply with the conditions and comments of all City Departments, and other agencies. 12. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 13. If construction has not begun within 18 months of City Council approval, a new conditional use permit must be obtained prior to the start of development. 14. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 15. 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, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. -3- n Exhibit D 16. Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. OTHER AGENCY COMMENTS & CONDITIONS MERIDIAN PUBLIC WORKS DEPARTMENT 1. 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. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 3. 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. 4. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 5. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 6. All grading of the site shall be performed in conformance with MCC 11-12-3H. 7. 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. 8. 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. 9. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans shall be reviewed and approved by the meridian City Engineer prior to final plat signature. 10. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100 -year storm events, and n Exhibit D for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 11. One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. MERIDIAN PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. MERIDIAN FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. -5- /1 Exhibit D /\ 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 5. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 7. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 8. 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. 9. Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 10. The office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 11. Maintain a separation of 5' from the building to the dumpster enclosure. 12. Provide a Knoxbox entry system for the complex prior to occupancy. 13. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 14. Provide exterior egress lighting as required by the International Building & Fire Codes. 15. 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). mom Exhibit D n 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). 16. There shall be a fire hydrant within 100' of all fire department connections. 17. This project has no fire department concerns. MERIDIAN POLICE DEPARTMENT 1. The proposed drive through has limited visibility from a public street. Prior to the next public hearing, the applicant shall meet with the Police Chief to discuss methods of increasing visibility to the facility. SANITARY SERVICES COMPANY 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. NAMPA & MERIDIAN IRRIGATION DISTRICT 1. Nampa & Meridian Irrigation District has no facilities that will be impacted by this proposed project. If all storm drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required. However, if any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires that a Land Use Change Application is filed for review prior to final platting. 2. All laterals and waste ways must be protected. 3. The developer must comply with Idaho Code 31-3805. 4. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. SETTLERS' IRRIGATION DISTRICT 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the Settlers Canal (40' easement) located along the south boundary of the property. 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities, or within its easements. -7- Exhibit D 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. ADA COUNTY HIGHWAY DISTRICT SITE SPECIFIC CONDITIONS OF APPROVAL 1. Dedicate 54 -feet of right-of-way from the centerline of Ten Mile Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to issuance of a building permit (or other required permits). Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground. Compensation will be non -impact fee eligible. The applicant may dedicate 48 -feet from centerline and provide a 6 -foot wide sidewalk/utility easement beyond the 48 -feet. 2. Dedicate 6 -feet of right-of-way from the existing right-of-way line abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to issuance of a building permit (or other required permits). Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application prior to breaking ground. Compensation will be non -impact fee eligible. X; The applicant may provide a 6 -foot wide sidewalk/utility easement in lieu of right-of-way. 3. Construct a 24 to 30 -foot wide curb return right-in/right-out driveway on Cherry Lane located at the west property line. Construct a median in Cherry Lane from Ten Mile Road to a point approximately 50 -feet east of the driveway. The median should be constructed to restrict this driveway, but should not interfere with the full access movements of the driveway to the south and east. The driveway may shift westward, no more than 50 -feet, to provide a larger buffer to the residence to the east. Exhibit D 4. Construct a 30 to 35 -foot wide curb return driveway on Ten Mile Road located at the north property line as proposed; provided that the adjoining property owner (Vance) has agreed to a portion of the driveway being constructed on his property. Submit written documentation from that owner for consent and cross access. If an agreement is not reached with the adjacent owner, then the driveway will need to be shifted to the south and the applicant will need to submit revised drawings and the driveway location and function will need to be re-evaluated. 5. Close any curb cuts or driveways that have not been approved with this application, with curb, gutter and sidewalk to match existing improvements. 6. Comply with all Standard Conditions of Approval. STANDARD CONDITIONS OF APPROVAL 1. Any existing irrigation facilities shall be relocated outside of the right -of --way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. 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. 4. 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. 5. 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. 6. 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. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. "I na Exhibit D 9. 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. 10. 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. 11. 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. -10- /N EXHIBIT E Walgreens on Ten Mile Road RZ-05-008 Zoning Amendment Findings (Rezone) STANDARDS FOR ZONING AMENDMENTS The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment (11-15-11): A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive plan amendment; City Council finds that the 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Public/Quasi-Public." Public, Quasi -Public, and Open Space areas are designated to preserve and protect existing private, municipal, state, and federal lands for area residents and visitors (Page 99, Comprehensive Plan). However, the Comprehensive Plan was recently amended with Resolution No. 04-454, which states that upon redevelopment of properties designated for public, quasi -public, and open space, a change in designation and use may be appropriate. The redevelopment of these areas should be guided by the intensity of the existing use, the underlying zoning of the property, the surrounding land uses, the location of the property, and transportation issues associated with the proposed development of the property. The appropriate land use designation and accompanying zoning for these areas will be determined by City Council on a case by case basis. While the Comprehensive Plan Future Land Use Map does not explicitly support a commercial zoning of this property, City Council finds that there are several Comprehensive Plan policies that support evaluating this site for a zone not specifically envisioned by the Map (see below). "The Meridian Comprehensive Plan is an official policy guide for decisions concerning the physical development of the community. It indicates, in a general way, how the community may develop in the next five to ten years." (Chapter I, Section B of the Comprehensive Plan) Furthermore, in Chapter VII, Section C, "Future Conditions" states the following: "Figure VII -2 [The Comprehensive Land Use Map] depicts desired future land use categories and their location within the Impact Area. The areas depicted on the map are conceptual and, therefore, will require further analysis prior to the creation of a zoning map." na Exhibit E /1 City Council believes that the public/quasi-public designation was placed on this property in 2002 when the Comprehensive Plan was adopted because it was functioning as a church. The Comprehensive Plan did not originally anticipate any churches redeveloping with non-public/quasi-public uses; Resolution No. 04-454 does accommodate for redeveloping churches. Further, the other three corners of the Ten Mile Road/Cherry Lane intersection have developed with non-residential uses. Due to the development patterns of the surrounding area, City Council believes it would be appropriate to extend the commercial designation from the southwest (Albertson's) to this property. City Council further finds that a commercial zone/use could harmoniously co -exist with the residential uses to the north and east as well as the commercial uses to the south, west and southwest. However, due to the close proximity of the single-family homes, City Council is recommending that any future use on this site be required to obtain CUP approval. The applicant has requested C -G zoning (General Retail and Service Commercial District) for this property. The purpose of the C -G zone is to "provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public." MCC 11-7-2 City Council finds that the requested C -G zoning designation and subsequent retail use with a drive-through is consistent with the definition of the zone. City Council believes that the quasi -public area that will be converted to commercial with the approval of this application will be relocated to Black Cat Road where the church intends to construct a new building. The church has submitted an annexation application to the City requesting that 5 acres of land located on Black Cat Road, south of Cherry Lane, be annexed and zoned to L -O for a new church (AZ -05-024). City Council believes that if both zoning amendments are approved, the designated public/quasi-public area designated on the Future Land Use Map for this site will be preserved, just in an area approximately one mile to the west. City Council also finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (analysis is in italics below policy): • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) On the submitted site plan, the applicant is proposing direct access to Cherry Lane and Ten Mile Road, both arterial streets. The ACHD has tentatively approved a right-in/right-out only access to Cherry Lane and a full access to Ten Mile Road. The full access approval to Ten Mile Road is conditioned on C Exhibit E the applicant obtaining consent from the property owner to the north (Vance) to construct a portion of the driveway on his property. See comments from A CHDforfurther analysis. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) By City Ordinance, a 25 foot wide landscape buffer is required adjacent to Cherry Lane and Ten Mile Road (MCC 12-13-10-4. Twenty-five foot wide buffers, exclusive of right-of-way, should be constructed adjacent to the arterial streets. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) In order to operate a commercial business on this site, the applicant will be required to construct landscaping along Ten Mile Road, Cherry Lane, adjacent to the single-family residences, and internally. The applicant has asked for an alternative to compliance with the standard 25 foot wide landscape buffer requirement to the north. "Require that development projects have planned for the provision of all public services" (Chapter VII, Goal III, Objective A, Action items 1 and 4) On May 27, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. In that meeting no deficiencies ofpublic services to serve this property were raised. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) City Council believes that the proposed zone does contribute to the variety of uses in this area. City Council finds that the new zoning to C G can be harmonious with and in accordance with the Comprehensive Plan as amended by Resolution No 04 454, of thepp alicant enters into a development agreement and all the conditions of approval for the concurrent conditional use permit are complied with. B. Is the area included in the zoning amendment intended to be re -zoned in the future; M Exhibit E /'N City Council finds that the proposed re -zone and accompanying development plans generally comply with the requested zone and City Council does not anticipate that the property will be rezoned in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning—for example, a residential area turning into a commercial area by means of conditional use permits; Retail uses are principally permitted (allowed) in the requested C -G zone. However, drive-in/drive-through establishments require CUP approval in all commercial zoning districts of the City (MCC 11-8-1). City Council finds that the applicant has concurrently submitted detailed development plans for a Conditional Use Permit for the proposed dual drive-through lanes with the rezone request. City Council further finds that the proposed retail use with a drive- through will only be allowed with the approval of the requested CUP (CUP -05- 029). D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; The arterial streets adjacent to this site have been widened to five lanes adjacent to this site. Ten Mile Road, from Franklin Road to Ustick Road, is currently within ACHD's Five -Year Work Program for reconstruction. City Council finds that the other three corners have been developed in a fashion similar (non- residential) to the proposed development. Further, the recent annexation and zoning of several residential subdivisions in this area have made the current church building too small for the growing congregation. City Council finds that these factors dictate that the subject property be rezoned and developed commercially. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; City Council has included conditions related to design, construction, operation and maintenance that City Council believes will allow the proposed use(s) to be consistent with the existing character of the general vicinity. City Council believes that the character of the area will change with the approval of the subject applications; however, City Council believes that the change is appropriate. F. Will not be hazardous or disturbing to existing or future neighboring uses; 5 Exhibit E City Council finds that a 24-hour drive-through pharmacy may be disturbing to the existing residents in the area. However, if landscape buffers and access points are installed, and the hours of operation are limited, City Council finds that the requested rezone and subsequent commercial uses and drive-through should not be disturbing to the existing or future neighboring uses. To ensure that any future use on this site will not be hazardous or disturbing, any future change of use on the property will also require conditional use permit approval, and adjoining property owners will have an opportunity to comment. G. Will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such service; On May 27, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, City Council finds that the public services listed above can be made available to accommodate the proposed development. Sanitary sewer and water are currently available to this site. Water mains are located in both Ten Mile Road, and W. Cherry Lane. Sewer mains are located in N. Ten Mile Road. The applicant and/or future property owners will be required to pay any applicable park and highway impact fees as well as construct on-site storm water drainage facilities. City Council finds that the proposed uses can be adequately served by all essential public services and facilities. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; City Council finds that the requested zoning/uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, City Council finds that the proposed rezone would not be detrimental to the economic welfare of the community. I. Will not involve uses, activities, processes, materials, equipment, and conditions that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; If the subject rezone application is approved, the applicant intends to construct a retail building with a drive-through and a future retail/bank building on this site. 3 Exhibit E Based on the traffic impact study prepared for this development, the site is anticipated to add 1,115 new vehicle trips to the road network at fall build out. City Council finds that the proposed use and zone will generate additional traffic on adjacent roadways above and beyond the existing church. City Council recognizes that traffic and noise will increase with the approval of this development; however, City Council does not believe that the amount generated will be detrimental to the general welfare of the public. City Council does not anticipate the proposed zone and subsequent use(s) will create excessive noise, smoke, fumes, glare, or odors. If all conditions of approval are complied with, City Council finds that the proposed zoning/use should not be detrimental to people, property or the general welfare of the area. J. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; On June 8, 2005, the ACHD Board of Commissioners approved two vehicular access points for this site. Although neither of the access points meets the District's policy for location, the Board approved a right-in/right-out driveway to Cherry Lane and a full access driveway to Ten Mile Road. City Council finds that the approved vehicular approaches to the property should not interfere with general traffic patterns on the adjacent public streets. Please refer to the ACHD report for more details on access to this property. The proposed site plan shows two drive-through lanes and an escape lane on the east side of the proposed building. City Council is supportive of the layout for the proposed drive-through lanes and proposed traffic flow pattern for this lot, as stacking vehicles should not interfere with internal traffic flows or traffic flows on the adjacent streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. City Council is unaware of any natural of scenic features of major importance on this site and finds that no natural or scenic features of major importance will be lost or damaged by approving the rezone application. L. Is the proposed zoning amendment in the best interest of the City; In accordance with the findings listed above, City Council finds that the proposed zoning of this property would be in the best interest of the City. 7 EXHIBIT F Walgreens on Ten Mile Road CUP -05-029 CUP Findings STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; All proposed building setbacks meet the minimum standards outlined in Titles 11, Meridian City Code. City Ordinance requires one (1) off-street parking space per 200 square feet of retail use. The proposed retail building is 14,490 square feet. Thus, the project requires seventy-two (72) spaces for the retail use; 80 spaces are proposed. The required landscape buffer between the proposed retail use and the residences to the north and east is 25 -feet. A 25 -foot wide buffer is proposed to the east. Meridian City Code requires that within three (3) years, sixty percent (60%) or more of the vertical surface is closed and prevents the passage of vision through it. The applicant is requesting alternative compliance to the required landscape buffer to the north. The applicant originally proposed to retain the wood fence along the east boundary. At the neighborhood meeting, an adjacent neighbor, stated that the three residences to the east would prefer to have a CMU wall. The applicant has agreed to replace the existing wood fence and construct a CMU wall along the east property line, up to the well lot. City Council finds that the subject property is large enough to accommodate the required yards (setbacks), open spaces, parking, landscaping and other features required by the ordinance for retail uses. However, the applicant is requesting alternative compliance for the land use buffer to the north. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; Please see Standards for Zoning Amendment "A". The proposed site plan shows two drive-through lanes and an escape lane on the east side of the proposed building. City Council is supportive of the layout for the proposed drive-through Exhibit F n lanes and proposed traffic flow pattern for this lot, as stacking vehicles should not interfere with internal traffic flows or traffic flows on the adjacent streets. City Council finds that if the applicant complies with all conditions of approval noted in this report, the development will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of the Zoning Ordinance. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Please see Standards for Zoning Amendment "A". D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; If the applicant complies with all conditions of approval, City Council does not anticipate that the proposed development will have an adverse impact on other property in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see Standards for Zoning Amendment "G". F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Please see Standards for Zoning Amendment "H". G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Please see Standards for Zoning Amendment "I". H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 3 Exhibit F Please see Standards for Zoning Amendment "J". I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. City Council does not believe that the proposed development will result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 11 r CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Rezone of 3.2 Acres from R-4 to C -G AND Conditional Use Permit Approval for a New 14,490 Square -Foot Retail/Pharmacy Building with Two Drive - Through Lanes, by Hawkins Companies. Case No(s). RZ-05-008, CUP -05-029 For the City Council Hearing Date of: August 9, 2005 A. Findings of Fact Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the August 9, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). C. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-05-004, CUP -05-012 - PAGE 1 of 4 a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is the Idaho Conference of Seventh -day Adventists, Inc. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibits E and F for the findings required for each type of application. 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 Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, 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 § 11-17-9. 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 and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan Dated June 7, 2005 as shown in Exhibit B, and Conditions of Approval in Exhibits C and D. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's rezone as evidenced by having submitted the Survey and Legal Description in Exhibit A is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated June 6, 2005 is hereby conditionally approved; and, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-05-004, CUP -05-012 - PAGE 2 of 4 3. The site specific and standard conditions of approval are as shown in Exhibits C and D. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.B.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Site Plan Exhibit C: Rezone Comments CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-05-004, CUP -05-012 - PAGE 3 of 4 /41" Exhibit D: CUP Conditions of Approval Exhibit E: Zoning Amendment Findings (Rezone) Exhibit F: CUP Findings By action of the City Council at its regular meeting held on the gi'` A ia►nk— , 2005. COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER CHRISTINE DONNELL VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Attest: G. Berg, Jr., Copy served upon Applicant, day of Weerd 0 BEAL = ;rk The Planrilhg °1itg"bepartment, Public Works Department 01111 and City Attorney. B Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-05-004, CUP -05-012 - PAGE 4 of 4 "*N EXHIBIT A Walgreens on Ten Mile Road RZ-05-008 Legal Description IDAHO t150E3-lf Viat&UL-or SURVEY GR0UP Id.h. 8364-7 Phone PUS) P46-8370 Fax ().f181 883-399 Project NO. 05-013 April 15, 2005 DESCRIPTION FOR TEN MILE AND CHERRY LANE PARCEL RE -ZONE HAWKINS COMPANIES A parcel of land located in the SW114 of the SWIX of Section 2, T.3N., RAW., B.M-, Meridian, Ada County, Idaho more particularly described as follows; BEGINNING at the SW corner said Section 2: thence along the West boundary fine Of said Section 2 North 00'19'07' East, 345.50 feet; thence leaving said East boundary fine South 88°38'31" East, 317.50 feet; thence South 00°19'07" West, 50-00 feet; thence South 8838'31" East, 100.00 feet; thence South 00'19'07" West, 295.50 feet to a point on the South boundary fine of said Section 2, 0 thence along the South boundary line of said Section 2 North 88,38131,, West, 417.50 feet to the REAL POINT OF BEGINNING, containing 3.20 acres, more or less - Prepared by: Idaho Survey GrOU0. P.C, On , J112 9 02= 5 Gregory G. Carter, P -L.& SSI 6ST:fro SO S1 jaw 11P � 1�-o Ho | $ jf \ jR |!|2 . EXHIBIT B Walgreens on Ten Mile Road CUP -05-029 Approved Site Plan X34 cz, KN— EXHIBIT C Walgreens on Ten Mile Road RZ-05-008 Rezone Comments Recommended deletions are stFikethF6*ghs and additions are in bold and underlined. ZONING AMENDMENT COMMENTS (Rezone) 1. The subject property is within the Urban Services Planning Area. The Public Works Department has confirmed that the submitted legal description meets the requirements of the City of Meridian and the Idaho State Tax Commission. 2. Prior to the rezone ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney Bill Nary at 888-4433 to initiate this process The DA shall incorporate the following: • That no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a Certificate of Zoning Compliance (CZC). • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That all future uses on the property shall be required to obtain a Conditional Use Permit prior to construction/operation. • That the hours of operation on this property shall be limited to 6 a.m. to 4-0-11 p.m., unless otherwise modified through a future Conditional Use Permit. • That vehicular access to this site shall be restricted to those approved by ACHD and the City. n EXHIBIT D Walgreens on Ten Mile Road CUP -05-029 CUP Conditions of Approval SITE SPECIFIC CONDITIONS 1. The site plan prepared by Hawkins Companies, labeled ID 692E LE -1, dated 6--7- 0-57-26-05 -7- 0-7-26-05 is approved as submitted. The landscape plan prepared by South Landscape Architecture, P.C., labeled L-1.0, dated 3-11-05 is not approved as submitted. With the Certificate of Zoning Compliance (CZC) application, submit a revised site plan and a revised landscape plan that show the requested right-of- way dedication and reflect the other changes noted in the conditions below. 2. Prior to issuance of a Certificate of Zoning Compliance (CZC) for this site, the applicant shall submit written documentation that includes consent from the property owner to the north (currently Vance) to construct an off-site driveway to Ten Mile Road. Documentation providing reciprocal cross -access for both property owners to use said driveway shall also be provided. Further, the applicant shall approach the other property owner to the north (Parcel No. S 1202336314) about removing the southern driveway they have to Ten Mile Road and utilizing the proposed shared driveway as well. If the proposed shared driveway to the north does not get built for any reason, an all weather access road must still be maintained to provide access for City of Meridian maintenance crews to the well house. 3. The submitted landscape plan prepared by South Landscape Architecture, P.C., dated 3-11-05 is not approved as submitted. The applicant should submit 10 full size copies and one 8.5" x 11" copy of a revised landscape plan to the City Clerk at least 10 days prior to the City Council hearing. The following modifications should be included in the revised plan: a. Construct a 25 -foot wide landscape buffer along Ten Mile Road and Cherry Lane, located entirely outside of the right-of-way. The sidewalk for Cherry Lane and Ten Mile Road may not be counted as part of the landscape buffer width. In accordance with MCC 12-13-10, install one tree within said buffer for every 35 -feet of frontage on the Cherry Lane and Ten Mile Road. b. Construct a 25 -foot wide landscape buffer along the east property line. The easternmost edge of the driveway to Cherry Lane shall be located a minimum of 25 -feet from the east property line, and not encroach into the landscape buffer. Said buffer shall contain materials in accordance with MCC 12-13-12-3. c. Replace the existing wood fence along the east property line and construct a six-foot tall CMU wall, as proposed. Construct a four -foot tall CMU wall along the north landscape planter, as proposed. Exhibit D d. Construct a 4 -6 -9 -foot wide landscape buffer with trees and shrubs between the retail use and the existing home to the north, as proposed. Said landscape buffer is approved with alternative compliance. e. Construct internal planter islands within the parking area to prohibit 13 or more continuous parking stalls. Each interior planter shall be landscaped with at least one tree and shall be covered with low shrubs, lawn, or other vegetative groundcover (MCC 12-13-11-3). f. Construct a minimum 5 -foot wide landscape strip from the north property line and the drive aisle (adjacent to the City well lot). Plant a minimum of one tree per thirty-five feet and shrubs, lawn, or other vegetative groundcover within said landscape strip (MCC 12-13-11-2). g. The applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection/mitigation plan for the existing trees on site. h. The applicant shall construct additional screening for the White property to north, including a 4 -foot fence along the southern property line of the White property (Parcel No. S 12023 3 63 14), as proposed. 4. The area shown for future development on the submitted site plan shall be maintained free of eewibtistible vegetation . Improved with grass until further use is determined. This future pad site does not currently have its own lot and a division of the property will be required prior to issuance of a building permit for a second principal structure on this site. 5. No signs are approved with this CUP application. All business signs require a separate sign permit in compliance with the sign ordinance. All signage shall be in accordance with the standards set forth in this report and Section 11-14 of the City Zoning and Development Ordinance. 6. Meridian City Code requires that this site be served with a pressurized, underground irrigation system. Use of non -potable irrigation water is required when determined to be available by the City Public Works Department as regulated by MCC 9-1-28. If a creek or well source is not available, a single - point connection to the municipal water system shall be required. If a single -point connection is used, the developer shall be responsible for the payment of assessments for the irragable common areas prior to signature on the final plat by the Meridian City Engineer. 7. At the public hearing, the applicant shall update the Commission on the outcome of the meeting with the Meridian Police Department regarding means of increasing visibility to the drive-through facility. 8. Sanitary sewer service shall be from the city of Meridian's existing systems adjacent to the site. Upgrading of existing service lines may be necessary to provide a level of service different from the current church use. The future pad site is being shown to be served by a stub from an existing main in W. Cherry -2- ."1 Exhibit D /ON Lane. No sewer main exists at this location. The applicant will be required to install any new mains that may be required to provide service. The applicant shall coordinate main sizing and routing, for any needed main, with the City of Meridian Public Works department, or submit detailed design plans for how the applicant proposes to service the future pad site with sewer. 9. Water service to this site is being proposed via an extension of service lines from water mains located in the private drive abutting the north side of this project. The applicant shall construct any water mains necessary to service this proposed development. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Coordinate main size and routing with Public Works. 10. Any future change of use on the property shall require conditional use permit approval. 11. Comply with the conditions and comments of all City Departments, and other agencies. 12. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 13. If construction has not begun within 18 months of City Council approval, a new conditional use permit must be obtained prior to the start of development. 14. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 15. 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, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. -3- /ON Exhibit D 16. Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. OTHER AGENCY COMMENTS & CONDITIONS MERIDIAN PUBLIC WORKS DEPARTMENT 1. 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. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 3. 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. 4. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 5. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 6. All grading of the site shall be performed in conformance with MCC 11-12-3H. 7. 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. 8. 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. 9. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans shall be reviewed and approved by the meridian City Engineer prior to final plat signature. 10. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100 -year storm events, and Exhibit D for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 11. One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. MERIDIAN PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. MERIDIAN FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. -5- /"t Exhibit D 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 5. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D 103.6 Signs. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 7. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 8. 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. 9. Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 10. The office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 11. Maintain a separation of 5' from the building to the dumpster enclosure. 12. Provide a Knoxbox entry system for the complex prior to occupancy. 13. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 14. Provide exterior egress lighting as required by the International Building & Fire Codes. 15. 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). WIN Exhibit D 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). 16. There shall be a fire hydrant within 100' of all fire department connections. 17. This project has no fire department concerns. MERIDIAN POLICE DEPARTMENT 1. The proposed drive through has limited visibility from a public street. Prior to the next public hearing, the applicant shall meet with the Police Chief to discuss methods of increasing visibility to the facility. SANITARY SERVICES COMPANY 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. NAMPA & MERIDIAN IRRIGATION DISTRICT 1. Nampa & Meridian Irrigation District has no facilities that will be impacted by this proposed project. If all storm drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required. However, if any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires that a Land Use Change Application is filed for review prior to final platting. 2. All laterals and waste ways must be protected. 3. The developer must comply with Idaho Code 31-3805. 4. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. SETTLERS' IRRIGATION DISTRICT 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the Settlers Canal (40' easement) located along the south boundary of the property. 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities, or within its easements. -7- Exhibit D 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. ADA COUNTY HIGHWAY DISTRICT SITE SPECIFIC CONDITIONS OF APPROVAL 1. Dedicate 54 -feet of right-of-way from the centerline of Ten Mile Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to issuance of a building permit (or other required permits). Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground. Compensation will be non -impact fee eligible. Me; The applicant may dedicate 48 -feet from centerline and provide a 6 -foot wide sidewalk/utility easement beyond the 48 -feet. 2. Dedicate 6 -feet of right-of-way from the existing right-of-way line abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to issuance of a building permit (or other required permits). Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application prior to breaking ground. Compensation will be non -impact fee eligible. OR The applicant may provide a 6 -foot wide sidewalk/utility easement in lieu of right-of-way. 3. Construct a 24 to 30 -foot wide curb return right-in/right-out driveway on Cherry Lane located at the west property line. Construct a median in Cherry Lane from Ten Mile Road to a point approximately 50 -feet east of the driveway. The median should be constructed to restrict this driveway, but should not interfere with the full access movements of the driveway to the south and east. The driveway may shift westward, no more than 50 -feet, to provide a larger buffer to the residence to the east. Exhibit D 4. Construct a 30 to 35 -foot wide curb return driveway on Ten Mile Road located at the north property line as proposed; provided that the adjoining property owner (Vance) has agreed to a portion of the driveway being constructed on his property. Submit written documentation from that owner for consent and cross access. If an agreement is not reached with the adjacent owner, then the driveway will need to be shifted to the south and the applicant will need to submit revised drawings and the driveway location and function will need to be re-evaluated. 5. Close any curb cuts or driveways that have not been approved with this application, with curb, gutter and sidewalk to match existing improvements. 6. Comply with all Standard Conditions of Approval. STANDARD CONDITIONS OF APPROVAL 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. 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. 4. 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. 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. 6. 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. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. /'°N Exhibit D 9. 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. 10. 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. 11. 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. -10- /'tea EXHIBIT E Walgreens on Ten Mile Road RZ-05-008 Zoning Amendment Findings (Rezone) STANDARDS FOR ZONING AMENDMENTS The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment (11-15-11): A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive plan amendment; City Council finds that the 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Public/Quasi-Public." Public, Quasi -Public, and Open Space areas are designated to preserve and protect existing private, municipal, state, and federal lands for area residents and visitors (Page 99, Comprehensive Plan). However, the Comprehensive Plan was recently amended with Resolution No. 04-454, which states that upon redevelopment of properties designated for public, quasi -public, and open space, a change in designation and use may be appropriate. The redevelopment of these areas should be guided by the intensity of the existing use, the underlying zoning of the property, the surrounding land uses, the location of the property, and transportation issues associated with the proposed development of the property. The appropriate land use designation and accompanying zoning for these areas will be determined by City Council on a case by case basis. While the Comprehensive Plan Future Land Use Map does not explicitly support a commercial zoning of this property, City Council finds that there are several Comprehensive Plan policies that support evaluating this site for a zone not specifically envisioned by the Map (see below). "The Meridian Comprehensive Plan is an official policy guide for decisions concerning the physical development of the community. It indicates, in a general way, how the community may develop in the next five to ten years." (Chapter I, Section B of the Comprehensive Plan) Furthermore, in Chapter VII, Section C, "Future Conditions" states the following: "Figure VII -2 [The Comprehensive Land Use Map] depicts desired future land use categories and their location within the Impact Area. The areas depicted on the map are conceptual and, therefore, will require further analysis prior to the creation of a zoning map." Exhibit E City Council believes that the public/quasi-public designation was placed on this property in 2002 when the Comprehensive Plan was adopted because it was functioning as a church. The Comprehensive Plan did not originally anticipate any churches redeveloping with non-public/quasi-public uses; Resolution No. 04-454 does accommodate for redeveloping churches. Further, the other three corners of the Ten Mile Road/Cherry Lane intersection have developed with non-residential uses. Due to the development patterns of the surrounding area, City Council believes it would be appropriate to extend the commercial designation from the southwest (Albertson's) to this property. City Council further finds that a commercial zone/use could harmoniously co -exist with the residential uses to the north and east as well as the commercial uses to the south, west and southwest. However, due to the close proximity of the single-family homes, City Council is recommending that any future use on this site be required to obtain CUP approval. The applicant has requested C -G zoning (General Retail and Service Commercial District) for this property. The purpose of the C -G zone is to "provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public." MCC 11-7-2 City Council finds that the requested C -G zoning designation and subsequent retail use with a drive-through is consistent with the definition of the zone. City Council believes that the quasi -public area that will be converted to commercial with the approval of this application will be relocated to Black Cat Road where the church intends to construct a new building. The church has submitted an annexation application to the City requesting that 5 acres of land located on Black Cat Road, south of Cherry Lane, be annexed and zoned to L -O for a new church (AZ -05-024). City Council believes that if both zoning amendments are approved, the designated public/quasi-public area designated on the Future Land Use Map for this site will be preserved, just in an area approximately one mile to the west. City Council also finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (analysis is in italics below policy): • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) On the submitted site plan, the applicant is proposing direct access to Cherry Lane and Ten Mile Road, both arterial streets. The ACHD has tentatively approved a right-in/right-out only access to Cherry Lane and a full access to Ten Mile Road. The full access approval to Ten Mile Road is conditioned on Exhibit E /'r 11� the applicant obtaining consent from the property owner to the north (Vance) to construct a portion of the driveway on his property. See comments from ACHD for further analysis. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) By City Ordinance, a 25 foot wide landscape buffer is required adjacent to Cherry Lane and Ten Mile Road (MCC 12-13-10-4. Twenty-five foot wide buffers, exclusive of right-of-way, should be constructed adjacent to the arterial streets. "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) In order to operate a commercial business on this site, the applicant will be required to construct landscaping along Ten Mile Road, Cherry Lane, adjacent to the single-family residences, and internally. The applicant has asked for an alternative to compliance with the standard 25 foot wide landscape buffer requirement to the north. • "Require that development projects have planned for the provision of all public services" (Chapter VII, Goal III, Objective A, Action items 1 and 4) On May 27, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. In that meeting no deficiencies ofpublic services to serve this property were raised. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) City Council believes that the proposed zone does contribute to the variety of uses in this area. City Council finds that the new zoning to C G can be harmonious with and in accordance with the Comprehensive Plan as amended by Resolution No 04- 454, of the applicant enters into a development agreement and all the conditions of approval for the concurrent conditional use permit are com 1p ied with. B. Is the area included in the zoning amendment intended to be re -zoned in the future; 0 Exhibit E City Council finds that the proposed re -zone and accompanying development plans generally comply with the requested zone and City Council does not anticipate that the property will be rezoned in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning—for example, a residential area turning into a commercial area by means of conditional use permits; Retail uses are principally permitted (allowed) in the requested C -G zone. However, drive-in/drive-through establishments require CUP approval in all commercial zoning districts of the City (MCC 11-8-1). City Council finds that the applicant has concurrently submitted detailed development plans for a Conditional Use Permit for the proposed dual drive-through lanes with the rezone request. City Council further finds that the proposed retail use with a drive- through will only be allowed with the approval of the requested CUP (CUP -05- 029). D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; The arterial streets adjacent to this site have been widened to five lanes adjacent to this site. Ten Mile Road, from Franklin Road to Ustick Road, is currently within ACHD's Five -Year Work Program for reconstruction. City Council finds that the other three corners have been developed in a fashion similar (non- residential) to the proposed development. Further, the recent annexation and zoning of several residential subdivisions in this area have made the current church building too small for the growing congregation. City Council finds that these factors dictate that the subject property be rezoned and developed commercially. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; City Council has included conditions related to design, construction, operation and maintenance that City Council believes will allow the proposed use(s) to be consistent with the existing character of the general vicinity. City Council believes that the character of the area will change with the approval of the subject applications; however, City Council believes that the change is appropriate. F. Will not be hazardous or disturbing to existing or future neighboring uses; 5 Exhibit E City Council finds that a 24-hour drive-through pharmacy may be disturbing to the existing residents in the area. However, if landscape buffers and access points are installed, and the hours of operation are limited, City Council finds that the requested rezone and subsequent commercial uses and drive-through should not be disturbing to the existing or future neighboring uses. To ensure that any future use on this site will not be hazardous or disturbing, any future change of use on the property will also require conditional use permit approval, and adjoining property owners will have an opportunity to comment. G. Will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such service; On May 27, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, City Council finds that the public services listed above can be made available to accommodate the proposed development. Sanitary sewer and water are currently available to this site. Water mains are located in both Ten Mile Road, and W. Cherry Lane. Sewer mains are located in N. Ten Mile Road. The applicant and/or future property owners will be required to pay any applicable park and highway impact fees as well as construct on-site storm water drainage facilities. City Council finds that the proposed uses can be adequately served by all essential public services and facilities. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; City Council finds that the requested zoning/uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, City Council finds that the proposed rezone would not be detrimental to the economic welfare of the community. I. Will not involve uses, activities, processes, materials, equipment, and conditions that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; If the subject rezone application is approved, the applicant intends to construct a retail building with a drive-through and a future retail/bank building on this site. on Exhibit E /ti Based on the traffic impact study prepared for this development, the site is anticipated to add 1,115 new vehicle trips to the road network at full build out. City Council finds that the proposed use and zone will generate additional traffic on adjacent roadways above and beyond the existing church. City Council recognizes that traffic and noise will increase with the approval of this development; however, City Council does not believe that the amount generated will be detrimental to the general welfare of the public. City Council does not anticipate the proposed zone and subsequent use(s) will create excessive noise, smoke, fumes, glare, or odors. If all conditions of approval are complied with, City Council finds that the proposed zoning/use should not be detrimental to people, property or the general welfare of the area. J. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; On June 8, 2005, the ACHD Board of Commissioners approved two vehicular access points for this site. Although neither of the access points meets the District's policy for location, the Board approved a right-in/right-out driveway to Cherry Lane and a full access driveway to Ten Mile Road. City Council finds that the approved vehicular approaches to the property should not interfere with general traffic patterns on the adjacent public streets. Please refer to the ACHD report for more details on access to this property. The proposed site plan shows two drive-through lanes and an escape lane on the east side of the proposed building. City Council is supportive of the layout for the proposed drive-through lanes and proposed traffic flow pattern for this lot, as stacking vehicles should not interfere with internal traffic flows or traffic flows on the adjacent streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. City Council is unaware of any natural of scenic features of major importance on this site and finds that no natural or scenic features of major importance will be lost or damaged by approving the rezone application. L. Is the proposed zoning amendment in the best interest of the City; In accordance with the findings listed above, City Council finds that the proposed zoning of this property would be in the best interest of the City. 7 A001%, EXHIBIT F Walgreens on Ten Mile Road CUP -05-029 CUP Findings ,r STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; All proposed building setbacks meet the minimum standards outlined in Titles 11, Meridian City Code. City Ordinance requires one (1) off-street parking space per 200 square feet of retail use. The proposed retail building is 14,490 square feet. Thus, the project requires seventy-two (72) spaces for the retail use; 80 spaces are proposed. The required landscape buffer between the proposed retail use and the residences to the north and east is 25 -feet. A 25 -foot wide buffer is proposed to the east. Meridian City Code requires that within three (3) years, sixty percent (60%) or more of the vertical surface is closed and prevents the passage of vision through it. The applicant is requesting alternative compliance to the required landscape buffer to the north. The applicant originally proposed to retain the wood fence along the east boundary. At the neighborhood meeting, an adjacent neighbor, stated that the three residences to the east would prefer to have a CMU wall. The applicant has agreed to replace the existing wood fence and construct a CMU wall along the east property line, up to the well lot. City Council finds that the subject property is large enough to accommodate the required yards (setbacks), open spaces, parking, landscaping and other features required by the ordinance for retail uses. However, the applicant is requesting alternative compliance for the land use buffer to the north. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; Please see Standards for Zoning Amendment "A". The proposed site plan shows two drive-through lanes and an escape lane on the east side of the proposed building. City Council is supportive of the layout for the proposed drive-through Exhibit F r lanes and proposed traffic flow pattern for this lot, as stacking vehicles should not interfere with internal traffic flows or traffic flows on the adjacent streets. City Council finds that if the applicant complies with all conditions of approval noted in this report, the development will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of the Zoning Ordinance. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Please see Standards for Zoning Amendment "A". D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; If the applicant complies with all conditions of approval, City Council does not anticipate that the proposed development will have an adverse impact on other property in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see Standards for Zoning Amendment "G". F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Please see Standards for Zoning Amendment "H". G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Please see Standards for Zoning Amendment "I". H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Exhibit F Please see Standards for Zoning Amendment "J". I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. City Council does not believe that the proposed development will result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. El 1-o"IN CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Rezone of 3.2 Acres from R-4 to C -G AND Conditional Use Permit Approval for a New 14,490 Square -Foot Retail/Pharmacy Building with Two Drive - Through Lanes, by Hawkins Companies. Case No(s). RZ-05-008, CUP -05-029 For the City Council Hearing Date of: August 9, 2005 A. Findings of Fact Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the August 9, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). C. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code § § 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-05-004, CUP -05-012 - PAGE I of 4 I -01N a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is the Idaho Conference of Seventh -day Adventists, Inc. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibits E and F for the findings required for each type of application. 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 Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, 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 6 11-17-9. 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 and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan Dated June 7, 2005 as shown in Exhibit B, and Conditions of Approval in Exhibits C and D. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's rezone as evidenced by having submitted the Survey and Legal Description in Exhibit A is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated June 6, 2005 is hereby conditionally approved; and, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-05-004, CUP -05-012 - PAGE 2 of 4 3. The site specific and standard conditions of approval are as shown in Exhibits C and D. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.13.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Site Plan Exhibit C: Rezone Comments CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-05-004, CUP -05-012 - PAGE 3 of 4 1- . 1.00**, Exhibit D: CUP Conditions of Approval Exhibit E: Zoning Amendment Findings (Rezone) Exhibit F: CUP Findings By action of the City Council at its regular meeting held on the 9�K' day of hwust, 52005. COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: William G. Berg, Jr., VOTED VOTED VOTED VOTED Mayor Tai% de Weerd `A Orr sus 0 ' = SEAL Clerk o� Q s _7 ' The Planning,3i1+Ig epartment, Public Works Department Copy served upon Applicant, and City Attorney. By: A,� a Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-05-004, CUP -05-012 - PAGE 4 of 4 ,✓11*1 EXHIBIT A Walgreens on Ten We Road RZ-05-008 Legal Description IDAHO 1450 East Watertwwor <: Suite 150 SURVEY 11.n&an, Idaho 8364-.. GROUP Phone 1108) 646-8570 Fu (1I)81 884_;J" Project No. 05-013 April 15, 2005 DESCRIPTION FOR TEN MILE AND CHERRY LANE PARCEL RE20NE HAWKINS COMPANIES A parcel of land located in the SWV4 of the SW1/4 of Section 2, T.3N., RAW., B.M., Meridian, Ada County, Idaho more particularly described as follows: BEGINNING at the SW corner said Section 2; thence along the West boundary line of said Section 2 North 00019'07" East, 345.50 feet; thence leaving said East boundary fine South 88138'31" East, 317.50 feet; thence South 00°19'07" West, 50.00 feet; thence South 88°38'31" East, 100.00 feet; thence South 00'19'07" West, 295.50 feet to a point on the South boundary line of said Section 2; thence along the South boundary line of said Section 2 North 88'38'31" West, 417.50 feet to the REAL POINT OF BEGINNING, containing 3.20 acres, more or less. Prepared by: f,y Idaho Survey GroP.C, PpP�� 29 2 Gregory G. Carter, P.L.S. SVSG Projcwcc Hmmons fL' mI* (05-Gt3)tillowi nents%ZONINGDESC.dCa z'01 66£5 *Be [noel SSI d6I=i0 50 St �d� x"11 I 6 OQ18�07` N 343.50 ------._--------- - .__---------_.___�__ .�%- r-µfp,` - .aa zn . sazse « � u a�.or E aasr �4 AP _ 1 i II C � z i ren rn ,1a hJ f�1 1� N anu�iJ}r'i _ s mtiror- w s� 0Z=\ X 0-j,ns ao k4 z sg� ,ama aR O X C < O 1 m ra s aA` >� tion al r x � Y EXHIBIT B Walgreens on Ten Mile Road CUP -05-029 Approved Site Plan I .a, �ftl Ell EIR !-10 .0 z 31 it �i !A, I CZ 21411 .1, 1 Oil! pip A m Ys ii —7� DQ LL . ......... SO A -n 76,F 1.­ se -, EIR !-10 .0 z 31 it �i !A, I CZ 21411 .1, 1 Oil! pip A m G� EXHIBIT C Walgreens on Ten Mile Road RZ-05-008 Rezone Comments Recommended deletions are stfikedifett and additions are in bold and underlined. ZONING AMENDMENT COMMENTS (Rezone) 1. The subject property is within the Urban Services Planning Area. The Public Works Department has confirmed that the submitted legal description meets the requirements of the City of Meridian and the Idaho State Tax Commission. 2. Prior to the rezone ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall incorporate the following: • That no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a Certificate of Zoning Compliance (CZC). • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That all future uses on the property shall be required to obtain a Conditional Use Permit prior to construction/operation. • That the hours of operation on this property shall be limited to 6 a.m. to 4-0-11 p.m., unless otherwise modified through a future Conditional Use Permit. • That vehicular access to this site shall be restricted to those approved by ACHD and the City. EXHIBIT D Walgreens on Ten Mile Road CUP -05-029 CUP Conditions of Approval SITE SPECIFIC CONDITIONS 1. The site plan prepared by Hawkins Companies, labeled TT'�E LE -1, dated 6-7- 9- 7-26-05 is approved as submitted. The landscape plan prepared by South Landscape Architecture, P.C., labeled L-1.0, dated 3-11-05 is not approved as submitted. With the Certificate of Zoning Compliance (CZC) application, submit a revised site plan and a revised landscape plan that show the requested right-of- way dedication and reflect the other changes noted in the conditions below. 2. Prior to issuance of a Certificate of Zoning Compliance (CZC) for this site, the applicant shall submit written documentation that includes consent from the property owner to the north (currently Vance) to construct an off-site driveway to Ten Mile Road. Documentation providing reciprocal cross -access for both property owners to use said driveway shall also be provided. Further, the applicant shall approach the other property owner to the north (Parcel No. S 12023 36314) about removing the southern driveway they have to Ten Mile Road and utilizing the proposed shared driveway as well. If the proposed shared driveway to the north does not get built for any reason, an all weather access road must still be maintained to provide access for City of Meridian maintenance crews to the well house. The submitted landscape plan prepared by South Landscape Architecture, P.C., dated 3-11-05 is not approved as submitted. The applicant should submit 10 full size copies and one 8.5" x 11" copy of a revised landscape plan to the City Clerk at least 10 days prior to the City Council hearing. The following modifications should be included in the revised plan: a. Construct a 25 -foot wide landscape buffer along Ten Mile Road and Cherry Lane, located entirely outside of the right-of-way. The sidewalk for Cherry Lane and Ten Mile Road may not be counted as part of the landscape buffer width. In accordance with MCC 12-13-10, install one tree within said buffer for every 35 -feet of frontage on the Cherry Lane and Ten Mile Road. b. Construct a 25 -foot wide landscape buffer along the east property line. The easternmost edge of the driveway to Cherry Lane shall be located a minimum of 25 -feet from the east property line, and not encroach into the landscape buffer. Said buffer shall contain materials in accordance with MCC 12-13-12-3. c. Replace the existing wood fence along the east property line and construct a six-foot tall CMU wall, as proposed. Construct a four -foot tall CMU wall along the north landscape planter, as proposed. Exhibit D d. Construct a 4 -6 -9 -foot wide landscape buffer with trees and shrubs between the retail use and the existing home to the north, as proposed. Said landscape buffer is approved with alternative compliance. e. Construct internal planter islands within the parking area to prohibit 13 or more continuous parking stalls. Each interior planter shall be landscaped with at least one tree and shall be covered with low shrubs, lawn, or other vegetative groundcover (MCC 12-13-11-3). f. Construct a minimum 5 -foot wide landscape strip from the north property line and the drive aisle (adjacent to the City well lot). Plant a minimum of one tree per thirty-five feet and shrubs, lawn, or other vegetative groundcover within said landscape strip (MCC 12-13-11-2). g. The applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection/mitigation plan for the existing trees on site. h. The applicant shall construct additional screening for the White property to north, including a 4 -foot fence along the southern property line of the White property (Parcel No. S1202336314), as proposed. 4. The area shown for future development on the submitted site plan shall be maintained free of eewibiisfible vegetatien (weeds)-. Improved with grass until further use is determined. This future pad site does not currently have its own lot and a division of the property will be required prior to issuance of a building permit for a second principal structure on this site. 5. No signs are approved with this CUP application. All business signs require a separate sign permit in compliance with the sign ordinance. All signage shall be in accordance with the standards set forth in this report and Section 11-14 of the City Zoning and Development Ordinance. 6. Meridian City Code requires that this site be served with a pressurized, underground irrigation system. Use of non -potable irrigation water is required when determined to be available by the City Public Works Department as regulated by MCC 9-1-28. If a creek or well source is not available, a single - point connection to the municipal water system shall be required. If a single -point connection is used, the developer shall be responsible for the payment of assessments for the irragable common areas prior to signature on the final plat by the Meridian City Engineer. 7. At the public hearing, the applicant shall update the Commission on the outcome of the meeting with the Meridian Police Department regarding means of increasing visibility to the drive-through facility. Sanitary sewer service shall be from the city of Meridian's existing systems adjacent to the site. Upgrading of existing service lines maybe necessary to provide a level of service different from the current church use. The future pad site is being shown to be served by a stub from an existing main in W. Cherry -2- Exhibit D Lane. No sewer main exists at this location. The applicant will be required to install any new mains that may be required to provide service. The applicant shall coordinate main sizing and routing, for any needed main, with the City of Meridian Public Works department, or submit detailed design plans for how the applicant proposes to service the future pad site with sewer. 9. Water service to this site is being proposed via an extension of service lines from water mains located in the private drive abutting the north side of this project. The applicant shall construct any water mains necessary to service this proposed development. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Coordinate main size and routing with Public Works. 10. Any future change of use on the property shall require conditional use permit approval. 11. Comply with the conditions and comments of all City Departments, and other agencies. 12. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 13. If construction has not begun within 18 months of City Council approval, a new conditional use permit must be obtained prior to the start of development. 14. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 15. 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, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. -3- Exhibit D 16. Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. OTHER AGENCY COMMENTS & CONDITIONS MERIDIAN PUBLIC WORKS DEPARTMENT 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. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 3. 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. 4. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 5. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 6. All grading of the site shall be performed in conformance with MCC 11-12-3H. 7. 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. 8. 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. 9. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans shall be reviewed and approved by the meridian City Engineer prior to final plat signature. 10. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100 -year storm events, and 1^ Exhibit D for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 11. One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. MERIDIAN PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. MERIDIAN FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. -5- /0 ' Exhibit D 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 5. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 7. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 8. 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. 9. Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 10. The office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 11. Maintain a separation of 5' from the building to the dumpster enclosure. 12. Provide a Knoxbox entry system for the complex prior to occupancy. 13. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 14. Provide exterior egress lighting as required by the International Building & Fire Codes. 15. 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). Exhibit D r 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). 16. There shall be a fire hydrant within 100' of all fire department connections. 17. This project has no fire department concerns. MERIDIAN POLICE DEPARTMENT 1. The proposed drive through has limited visibility from a public street. Prior to the next public hearing, the applicant shall meet with the Police Chief to discuss methods of increasing visibility to the facility. SANITARY SERVICES COMPANY 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. NAMPA & MERIDIAN IRRIGATION DISTRICT 1. Nampa & Meridian Irrigation District has no facilities that will be impacted by this proposed project. If all storm drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required. However, if any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires that a Land Use Change Application is filed for review prior to final platting. 2. All laterals and waste ways must be protected. 3. The developer must comply with Idaho Code 31-3805. 4. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. SETTLERS' IRRIGATION DISTRICT 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the Settlers Canal (40' easement) located along the south boundary of the property. 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities, or within its easements. -7- Exhibit D 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. ADA COUNTY HIGHWAY DISTRICT SITE SPECIFIC CONDITIONS OF APPROVAL 1. Dedicate 54 -feet of right-of-way from the centerline of Ten Mile Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to issuance of a building permit (or other required permits). Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground. Compensation will be non -impact fee eligible. OR The applicant may dedicate 48 -feet from centerline and provide a 6 -foot wide sidewalk/utility easement beyond the 48 -feet. 2. Dedicate 6 -feet of right-of-way from the existing right-of-way line abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to issuance of a building permit (or other required permits). Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application prior to breaking ground. Compensation will be non -impact fee eligible. OR The applicant may provide a 6 -foot wide sidewalk/utility easement in lieu of right-of-way. 3. Construct a 24 to 30 -foot wide curb return right-in/right-out driveway on Cherry Lane located at the west property line. Construct a median in Cherry Lane from Ten Mile Road to a point approximately 50 -feet east of the driveway. The median should be constructed to restrict this driveway, but should not interfere with the full access movements of the driveway to the south and east. The driveway may shift westward, no more than 50 -feet, to provide a larger buffer to the residence to the east. /"1 Exhibit D 4. Construct a 30 to 35 -foot wide curb return driveway on Ten Mile Road located at the north property line as proposed; provided that the adjoining property owner (Vance) has agreed to a portion of the driveway being constructed on his property. Submit written documentation from that owner for consent and cross access. If an agreement is not reached with the adjacent owner, then the driveway will need to be shifted to the south and the applicant will need to submit revised drawings and the driveway location and function will need to be re-evaluated. 5. Close any curb cuts or driveways that have not been approved with this application, with curb, gutter and sidewalk to match existing improvements. 6. Comply with all Standard Conditions of Approval. STANDARD CONDITIONS OF APPROVAL 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. 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. 4. 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. 5. 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. 6. 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. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. KIM Exhibit D 9. 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. 10. 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. 11. 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. -10- /0—N � EXHIBIT E Walgreens on Ten Mile Road RZ-05-008 Zoning Amendment Findings (Rezone) STANDARDS FOR ZONING AMENDMENTS The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment (11-15-11): A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive plan amendment; City Council finds that the 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Public/Quasi-Public." Public, Quasi -Public, and Open Space areas are designated to preserve and protect existing private, municipal, state, and federal lands for area residents and visitors (Page 99, Comprehensive Plan). However, the Comprehensive Plan was recently amended with Resolution No. 04-454, which states that upon redevelopment of properties designated for public, quasi -public, and open space, a change in designation and use may be appropriate. The redevelopment of these areas should be guided by the intensity of the existing use, the underlying zoning of the property, the surrounding land uses, the location of the property, and transportation issues associated with the proposed development of the property. The appropriate land use designation and accompanying zoning for these areas will be determined by City Council on a case by case basis. While the Comprehensive Plan Future Land Use Map does not explicitly support a commercial zoning of this property, City Council finds that there are several Comprehensive Plan policies that support evaluating this site for a zone not specifically envisioned by the Map (see below). "The Meridian Comprehensive Plan is an official policy guide for decisions concerning the physical development of the community. It indicates, in a general way, how the community may develop in the next five to ten years." (Chapter I, Section B of the Comprehensive Plan) Furthermore, in Chapter VII, Section C, "Future Conditions" states the following: "Figure VII -2 [The Comprehensive Land Use Map] depicts desired future land use categories and their location within the Impact Area. The areas depicted on the map are conceptual and, therefore, will require further analysis prior to the creation of a zoning map." /"'N Exhibit E City Council believes that the public/quasi-public designation was placed on this property in 2002 when the Comprehensive Plan was adopted because it was functioning as a church. The Comprehensive Plan did not originally anticipate any churches redeveloping with non-public/quasi-public uses; Resolution No. 04-454 does accommodate for redeveloping churches. Further, the other three corners of the Ten Mile Road/Cherry Lane intersection have developed with non-residential uses. Due to the development patterns of the surrounding area, City Council believes it would be appropriate to extend the commercial designation from the southwest (Albertson's) to this property. City Council further finds that a commercial zone/use could harmoniously co -exist with the residential uses to the north and east as well as the commercial uses to the south, west and southwest. However, due to the close proximity of the single-family homes, City Council is recommending that any future use on this site be required to obtain CUP approval. The applicant has requested C -G zoning (General Retail and Service Commercial District) for this property. The purpose of the C -G zone is to "provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public." MCC 11-7-2 City Council finds that the requested C -G zoning designation and subsequent retail use with a drive-through is consistent with the definition of the zone. City Council believes that the quasi -public area that will be converted to commercial with the approval of this application will be relocated to Black Cat Road where the church intends to construct a new building. The church has submitted an annexation application to the City requesting that 5 acres of land located on Black Cat Road, south of Cherry Lane, be annexed and zoned to L -O for a new church (AZ -05-024). City Council believes that if both zoning amendments are approved, the designated public/quasi-public area designated on the Future Land Use Map for this site will be preserved, just in an area approximately one mile to the west. City Council also finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (analysis is in italics below policy): • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) On the submitted site plan, the applicant is proposing direct access to Cherry Lane and Ten Mile Road, both arterial streets. The ACHD has tentatively approved a right-in/right-out only access to Cherry Lane and a full access to Ten Mile Road. The full access approval to Ten Mile Road is conditioned on 3 Exhibit E the applicant obtaining consent from the property owner to the north (Vance) to construct a portion of the driveway on his property. See comments from A CHDforfurther analysis. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) By City Ordinance, a 25 foot wide landscape buffer is required adjacent to Cherry Lane and Ten Mile Road (MCC 12-13-10-4. Twenty-five foot wide buffers, exclusive of right-of-way, should be constructed adjacent to the arterial streets. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) In order to operate a commercial business on this site, the applicant will be required to construct landscaping along Ten Mile Road, Cherry Lane, adjacent to the single-family residences, and internally. The applicant has asked for an alternative to compliance with the standard 25 foot wide landscape buffer requirement to the north. "Require that development projects have planned for the provision of all public services" (Chapter VII, Goal III, Objective A, Action items 1 and 4) On May 27, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. In that meeting no deficiencies of public services to serve this property were raised. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) City Council believes that the proposed zone does contribute to the variety of uses in this area. City Council finds that the new zoning to C -G can be harmonious with and in accordance with the Comprehensive Plan as amended by Resolution No 04- 454, if the applicant enters into a development agreement and all the conditions of approval for the concurrent conditional use permit are complied with. B. Is the area included in the zoning amendment intended to be re -zoned in the future; 0 Exhibit E City Council finds that the proposed re -zone and accompanying development plans generally comply with the requested zone and City Council does not anticipate that the property will be rezoned in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning—for example, a residential area turning into a commercial area by means of conditional use permits; Retail uses are principally permitted (allowed) in the requested C -G zone. However, drive-in/drive-through establishments require CUP approval in all commercial zoning districts of the City (MCC 11-8-1). City Council finds that the applicant has concurrently submitted detailed development plans for a Conditional Use Permit for the proposed dual drive-through lanes with the rezone request. City Council further finds that the proposed retail use with a drive- through will only be allowed with the approval of the requested CUP (CUP -05- 029). D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; The arterial streets adjacent to this site have been widened to five lanes adjacent to this site. Ten Mile Road, from Franklin Road to Ustick Road, is currently within ACHD's Five -Year Work Program for reconstruction. City Council finds that the other three corners have been developed in a fashion similar (non- residential) to the proposed development. Further, the recent annexation and zoning of several residential subdivisions in this area have made the current church building too small for the growing congregation. City Council finds that these factors dictate that the subject property be rezoned and developed commercially. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; City Council has included conditions related to design, construction, operation and maintenance that City Council believes will allow the proposed use(s) to be consistent with the existing character of the general vicinity. City Council believes that the character of the area will change with the approval of the subject applications; however, City Council believes that the change is appropriate. F. Will not be hazardous or disturbing to existing or future neighboring uses; nia Exhibit E City Council finds that a 24-hour drive-through pharmacy may be disturbing to the existing residents in the area. However, if landscape buffers and access points are installed, and the hours of operation are limited, City Council finds that the requested rezone and subsequent commercial uses and drive-through should not be disturbing to the existing or future neighboring uses. To ensure that any future use on this site will not be hazardous or disturbing, any future change of use on the property will also require conditional use permit approval, and adjoining property owners will have an opportunity to comment. G. Will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such service; On May 27, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, City Council finds that the public services listed above can be made available to accommodate the proposed development. Sanitary sewer and water are currently available to this site. Water mains are located in both Ten Mile Road, and W. Cherry Lane. Sewer mains are located in N. Ten Mile Road. The applicant and/or future property owners will be required to pay any applicable park and highway impact fees as well as construct on-site storm water drainage facilities. City Council finds that the proposed uses can be adequately served by all essential public services and facilities. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; City Council finds that the requested zoning/uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, City Council finds that the proposed rezone would not be detrimental to the economic welfare of the community. I. Will not involve uses, activities, processes, materials, equipment, and conditions that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; If the subject rezone application is approved, the applicant intends to construct a retail building with a drive-through and a future retail/bank building on this site. Cl Exhibit E Based on the traffic impact study prepared for this development, the site is anticipated to add 1,115 new vehicle trips to the road network at full build out. City Council finds that the proposed use and zone will generate additional traffic on adjacent roadways above and beyond the existing church. City Council recognizes that traffic and noise will increase with the approval of this development; however, City Council does not believe that the amount generated will be detrimental to the general welfare of the public. City Council does not anticipate the proposed zone and subsequent use(s) will create excessive noise, smoke, fumes, glare, or odors. If all conditions of approval are complied with, City Council finds that the proposed zoning/use should not be detrimental to people, property or the general welfare of the area. J. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; On June 8, 2005, the ACHD Board of Commissioners approved two vehicular access points for this site. Although neither of the access points meets the District's policy for location, the Board approved a right-in/right-out driveway to Cherry Lane and a full access driveway to Ten Mile Road. City Council finds that the approved vehicular approaches to the property should not interfere with general traffic patterns on the adjacent public streets. Please refer to the ACHD report for more details on access to this property. The proposed site plan shows two drive-through lanes and an escape lane on the east side of the proposed building. City Council is supportive of the layout for the proposed drive-through lanes and proposed traffic flow pattern for this lot, as stacking vehicles should not interfere with internal traffic flows or traffic flows on the adjacent streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. City Council is unaware of any natural of scenic features of major importance on this site and finds that no natural or scenic features of major importance will be lost or damaged by approving the rezone application. L. Is the proposed zoning amendment in the best interest of the City; In accordance with the findings listed above, City Council finds that the proposed zoning of this property would be in the best interest of the City. 7 EXHIBIT F Walgreens on Ten Mile Road CUP -05-029 CUP Findings STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; All proposed building setbacks meet the minimum standards outlined in Titles 11, Meridian City Code. City Ordinance requires one (1) off-street parking space per 200 square feet of retail use. The proposed retail building is 14,490 square feet. Thus, the project requires seventy-two (72) spaces for the retail use; 80 spaces are proposed. The required landscape buffer between the proposed retail use and the residences to the north and east is 25 -feet. A 25 -foot wide buffer is proposed to the east. Meridian City Code requires that within three (3) years, sixty percent (60%) or more of the vertical surface is closed and prevents the passage of vision through it. The applicant is requesting alternative compliance to the required landscape buffer to the north. The applicant originally proposed to retain the wood fence along the east boundary. At the neighborhood meeting, an adjacent neighbor, stated that the three residences to the east would prefer to have a CMU wall. The applicant has agreed to replace the existing wood fence and construct a CMU wall along the east property line, up to the well lot. City Council finds that the subject property is large enough to accommodate the required yards (setbacks), open spaces, parking, landscaping and other features required by the ordinance for retail uses. However, the applicant is requesting alternative compliance for the land use buffer to the north. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; Please see Standards for Zoning Amendment "A". The proposed site plan shows two drive-through lanes and an escape lane on the east side of the proposed building. City Council is supportive of the layout for the proposed drive-through Exhibit F .-"'i` no lanes and proposed traffic flow pattern for this lot, as stacking vehicles should not interfere with internal traffic flows or traffic flows on the adjacent streets. City Council finds that if the applicant complies with all conditions of approval noted in this report, the development will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of the Zoning Ordinance. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Please see Standards for Zoning Amendment "A". D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; If the applicant complies with all conditions of approval, City Council does not anticipate that the proposed development will have an adverse impact on other property in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see Standards for Zoning Amendment "G". F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Please see Standards for Zoning Amendment "H". G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Please see Standards for Zoning Amendment "I". H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 3 Exhibit F Please see Standards for Zoning Amendment "J". I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. City Council does not believe that the proposed development will result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 11 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION FOR RECORDING THE FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO.9 LOCATED ON THE SOUTHEAST CORNER OF NORTH TEN MILE ROAD AND MCMILLAN ROAD IN THE NW 1/ OF T. 4N., R. 1W., SECTION 35, MERIDIAN, IDAHO BY: ENGINEERING SOLUTIONS, LLP. APPLICANT C/C August 9, 2005 CASE NO. TE -05-008 ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR RECORDING THE FINAL PLAT This matter coming on regularly before the City Council on August 9, 2005, upon the Applicant's time application for a one (1) year extension within which to record the Bridgetower Crossing No. 9 Subdivision Final Plat , which was originally approved on August 3, 2004, as provided in § 12-3-6 B, and good causing appearing. IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: 1. The above name Applicant is granted a one (1) year extended period of time until August 3, 2006, of this Order within which to record the Final Plat for the above entitled subdivision application. By the action of the City Council at its regular meeting on theqfh day of ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR RECORDING THE FINAL PLAT FOR BRIDGETOWER CROSSING NO. 9 SUBDIVISION (TE -05-008) Page 1 of 2 n A , 2005. DATED this day of , 2005. or T& de Weerd Attest: Of O e�_- BEAL William G. Berg., City elerk 7 Copy served upon Applicant, Plat i i P e$ari Attorney./�����,�',,,,,,,�,��-���\�, Public Works, and the City BY: Dated:_ City Clerk's Office ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR RECORDING THE FINAL PLAT FOR BRIDGETOWER CROSSING NO. 9 SUBDIVISION (TE -05-008) Page 2 of 2 n BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF PARAMOUNT DEVELOPMENT, INC. FOR APPROVAL OF 10 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 2 COMMON LOTS ON 2.48 ACRES IN AN R-8 ZONE LOCATED SOUTH OF CHINDEN BOULEVARD AND WEST OF MERIDIAN ROAD LOCATED IN THE SW 1/ OF THE NE/40F T. 4N., R. 1W., SECTION 25 C/C August 9, 2005 CASE NO. FP -05-049 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on August 9, 2005, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 9, 2005, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING PARAMOUNT SUBDIVISION NO. 8 LOCATED IN THE SW % OF THE NE % OF T. 4N., R. IW., SECTION 25, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 8 / (FP -05-049) Pagel of 4 HANDWRITTEN DATE: 07/07/05, SHEET 1 OF 3, ENGINEERING NORTHWEST, LLC", PARAMOUNT DEVELOPMENT, INC., Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 9, 2005, listing 10 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 16GENERAL 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 Paramount Development, Inc., a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 2 pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their August 9, 2005 meeting as follows, to -wit: 1.1 Adopt the recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 8 / (FP -05-049) Page 2 of 4 current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature 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: The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 8 / (FP -05-049) Page 3 of 4 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the of AuqL I� , 2005. Ci -h, day By: Tammy erd 44ayor, CIi of Meridian Attest: o SEAL �►, _ William G. Berg, Jr., Cit Cle �,•� �FQ "�T1S�•1 �` Copy served upon Applicant, the Pla �iirl,\artment, Public Works Department, and City Attorney. B Dated: 37 —0 ity Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 8 / (FP -05-049) Page 4 of 4 MAYOR p ' p�* Tammy de Weerd c:at Y OF PUBLIC WORKS BUILDING DEPARTMENT CITY COUNCIL MEMBERS (208) 898-5500 • Fax (208)898-9551 Keith Bird] s�✓y y �� PLANNING Christine Donnell G AND ZONING Shaun Wardle T, 1L)AH0 DEPARTMENT Charles M. Rountree '� % (208) 884-5533 • FAX 888-6854 lFl.ae I'HF;;�ti tctt V� " srriwce 19Q3 STAFF REPORT: Hearing Date: August 9, 2005 Transmittal Date: August 4, 2005 To: Mayor, City Council and Planning & Zoning Commission <14 From: Sonya Allen, Assistant City Planner r ) Michael Cole, Development Services Coordinator fy1 C, Re: Paramount Subdivision No. 8 Final Plat approval of 10 Single -Family Residential Building Lots and 3 Common Area Lots on 2.48 Acres in an R-8 Zone, by Paramount Development, Inc. (File No. FP -05-049). We have reviewed the above referenced submittals and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Paramount Development Inc., has applied for Final Plat approval of 10 single- family residential building lots and 3 common area lots on 2.48 acres of land for Paramount Subdivision No. 8. The zoning designation for the proposed subdivision is R-8 (Medium Density Residential). This phase of the subdivision will have a gross density of 4.03 d.u./acre and a net density of 4.95 d.u./acre. Paramount Subdivision No. 8 is located south of Chinden Blvd. and west of N. Meridian Road, in the NE t/ of Section 25, TAN., R.1 W. The common area lots proposed within this phase of Paramount Subdivision will consist of landscape lots and a private road (W. Dreyfuss Street). The pressurized irrigation system within this development is to be owned and maintained by the Paramount Homeowners Association. A Conditional Use Permit (Planned Development) was approved for this subdivision that allowed for a reduction in the minimum lot size from 6,500 s.f. to 5,500 s.f.; front setbacks reduced from 15' for living areas to 10'; street side setbacks reduced from 20' to 10'; and a reduction in street frontage from 65' to 50'. The final plat for this phase substantially complies with the approved preliminary plat. FP -05-049 Exhibit "A" Paramount Sub8 FP.doc r. Mayor & City Council Hearing Date: August 9, 2005 Page 2 Staff recommends approval of the final plat for Paramount Subdivision No. 8 with the comments and conditions stated in this report. SITE SPECIFIC COMMENTS / FINAL PLAT 1. Applicant is to meet all terms of the approved preliminary plat (PP -03-004), conditional use permit (CUP -03-008 & MCU -05-001) and development agreement (Inst. No. 103137116). 2. The applicant has indicated that the Paramount Homeowners Association will own and maintain the pressure irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the culinary water system shall be required. Plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process, and a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 3. Temporary construction fencing to contain debris shall be installed along the boundaries of this phase unless fencing already exists at the subdivision boundaries. 4. Sanitary sewer service and municipal water to this site shall be via extensions from existing mains in previous phases. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. 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. 5. Submit three copies of a revised landscape plan, and an 8 %2" x 11" reduction, prior to signature on the final plat by the City Engineer that shows the entire open space for this phase. 6. Revise or add the following notes on the face of the plat dated 7/6/05, prepared by Engineering Northwest: (1.) "All lot lines common to the Public Right-of-way ln*,-,—the private street W. DreyLuss and the exterior boundary of this...." (12.) Include recorded instrument number. (*.) Add a note that dedicates a blanket utility easement over all of Lot 8, Block 19; or graphically depict an easement that shall cover all City of Meridian owned sewer and water facilities in this lot. FP -05-049 Exhibit "A" Paramount Sub8 FP.doc r Mayor & City Council Hearing Date: August 9, 2005 Page 3 7. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 8. Complete the Certificate of Owners. 9. 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 MCC 12-13-14 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 MCC 12-13-14. 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 MCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction 10. Staff's failure to cite specific ordinance provisions or terms of the approved development agreement, preliminary plat or conditional use permit does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 3. 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. 4. All development improvements, including sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. FP -05-049 Exhibit "A" Paramount Sub8 FP.doc Mayor & City Council Hearing Date: August 9, 2005 Page 4 5. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 6. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 7. All grading of the site shall be preformed in conformance with MCC 11-12-3H. 8. One -hundred -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 9. 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. 10. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 11. Coordinate fire hydrant placement with the city of Meridian Public Works department. 12. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 13. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 14. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. 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. STAFF RECOMMENDATION Staff recommends approval of the final plat for Paramount Subdivision No. 8 with the above stated comments and conditions. FP -05-049 Exhibit "A" Paramount Sub8 FP.doc Mayor & City Council Hearing Date: August 9, 2005 Page 5 FP -05-049 Exhibit "A" Paramount Sub8 FP.doc Engineering !North 'Vest, LLC _ 423 N. Ancestor Place. Suite 180 Boise, Idaho 83704 (208) 376-5000 - Fax (208) 376-5556 August 4, 2005 Mayor and City Council City of Meridian 660 E. Watertower, Suite 200 Meridian, ID 83642 Re: File No. FP -05-049 Paramount Subdivision No. 8 I am writing on behalf of our client, Paramount Development, Inc. who has indicated to us their acceptance of the conditions of approval as outlined by staff for the above referenced. Our response to the City's Site Specific Comments for this project is as follows: City of Meridian — Conditions of A.puroyal 1) All terms of the approved Preliminary plat (PP -03-004), Conditional Use Permit (CUP -03-008 & MCU -05-001) and Development Agreement (Inst. No. 103137116) have been met. 2) The Paramount Homeowner's Association will own and maintain the pressure irrigation system within this development. An irrigation well will be continued for use as a secondary source as in previous phases. 3) Agree 4) Sewer and water mains will be constructed through this phase of development. 5) Agree. 6) Face of plat — Notes Note 1 will be revised to include the private street, the instrument number will be added to note 12, and the * rote will be added to the plat with reference to water and sewer easements required in lot 8, Block 9. 7) An Ada County Street Name Committee Final letter will be submitted to the City prior to signature by the City Engineer. 8) Agree 9) Strom Drainage is contained in the ACRD right of way and disposed of with inf thation trenches as approved be ACRD. 10) Agree City of Meridian — General Reanirementa 1) There are not any ditches that need to be relocated in this phase of the development. 2) Agree 3) Agree 4) Agree 5) Agree 6) There are no known wells or septic systems within this phase. 7) Agree 8) Street lights will be installed per the public works department requirements and will be at the subdivider's expense. 9) No engineered backfill is required on this phase of the project. }-ahibit "B" r 10) Please see attached letter regarding depth of groundwater. 11) Fire hydrant locations have been coordinated and approved with the City of Meridian Public Works. ' 12) There are no 404 issues with this phase of the development. 13) Agree. 14) Agree. 1 S) Mailbox locations will be coordinated with the Meridian Post Office. 16) There are no existing trees located with in this phase of the development. Should you have any questions or need anything else feel free to give me a call. Thank you, e�eL� 14mit Gene P. Smith, P.E. Xc: David Turnbull, Brighton Development Exhibit "B" N BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF QUASAR DEVELOPMENT, LLC FOR FINAL PLAT APPROVAL OF 8 COMMERCIAL BUILDING LOTS AND 3 COMMON AREA LOTS ON 4.63 ACRES IN AN L -O ZONE LOCATED AT THE SOUTHWEST CORNER OF WELLS STREET AND WELLS CIRCLE BEING A PORTION OF LOT 19 OF AMENDED MAGIC VIEW SUBDIVISION LOCATED IN THE EAST'/ OF T. 3N., R. 1E., SECTION 17 C/C August 9, 2005 CASE NO. FP -05-048 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on August 9, 2005, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 9, 2005, 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: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WYNDSTONE SUBDIVISION / (FP -05-048) Pagel of 4 1. The Final Plat of "PLAT SHOWING WYNDSTONE PLACE SUBDIVISION BEING A PORTION OF LOT 19 OF AMENDED MAGIC VIEW SUBDIVISION LOCATED IN THE EAST 1/2 OF T. 3N., R. 1 E., SECTION 17, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: 06/29/05, SHEET 1 OF 2, ERICKSON-CIVIL, INC.", QUASAR DEVELOPMENT, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 9, 2005, listing 19 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 13 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 Erickson -Civil, Inc., a true and correct copy of which is attached hereto marked Exhibit `B' and consisting of I page, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their August 9, 2005 meeting as follows, to -wit: 1.1 Adopt the recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WYNDSTONE SUBDIVISION / (FP -05-048) Page 2 of 4 central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WYNDSTONE SUBDIVISION / (FP -05-048) Page 3 of 4 A011-1 10"k, request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the G''-�, day of , 2005. By: Tammy d W erd ayor, Ci of Meridian Attest: o ,SAL 9 William G. Berg, Jr., Cit Cler Copy served upon Applicant, the Plain p)Spa ent, Public Works Department, and City Attorney. BX._ Dated: City Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WYNDSTONE SUBDIVISION / (FP -05-048) Page 4 of 4 ri MAYOR n ,y 3 - Tammy de WeerdCi !'1� C)F� 10 CITY COUNCIL MEMBERS Keith Bird Christine Donnell IDAHO 1 Shaun Wardle r. Charles M. Rountree tirti �✓ RE: N!"N -.''./ SINCE 7903 STAFF REPORT: PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 - Fax (208)898-9551 PLANNING AND ZONING DEPARTMENT (208) 884-5533 - FAX 888-6854 Hearing Date: August 9, 2005 Transmittal Date: August 4, 2005 To: Mayor and City Council From: Sonya Allen, Assistant City Planner Michael Cole, Development Services Coordinator fyj C Re: Wyndstone Place Subdivision Request for Final Plat approval of Eight Commercial Building Lots and Three Common Area Lots on 4.63 Acres in an L -O Zone by Quasar Development, LLC (File No. FP -05-048). We have reviewed the above referenced submittals and offer the following comments as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Quasar Development, LLC, has applied for final plat approval of eight commercial building lots and three common area lots on 4.63 acres of land for Wyndstone Place Subdivision. The current zoning designation for the proposed subdivision is L -O (Limited Office). Wyndstone Place Subdivision is located at the southwest corner of Wells Street and Wells Circle, in the E % of Section 17, T.3N., R.1 E. A conditional use permit/planned development was approved for this subdivision that allowed for reductions to the minimum requirements for setbacks (front: 20 -ft., side: 5 -ft. per story, rear: 10 -ft., and street side: 10 -ft.) and street frontage (0 feet). Amenities proposed with the planned development are water features on Lots 10 & 11 and a sitting area on Lot 11. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Wyndstone Place Subdivision with the comments and conditions stated in this report. FP -05-048 Exhibit "A" Wyndstone Place Sub FP.doc A^N Mayor & City Council Hearing Date: August 9, 2005 Page 2 SITE SPECIFIC COMMENTS / FINAL PLAT Applicant is to meet all terms of the approved annexation (AZ -05-010), preliminary plat (PP -05-012), and conditional use permit/planned development (CUP -05-014) for this subdivision. 2. The applicant has indicated that the Wyndstone Place Business Owner's Association will own and maintain the pressure irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is 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. All irrigation ditches, laterals or canals, exclusive of natural waterways intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 4. Sanitary sewer service to this site shall be from service line extensions from existing mains adjacent to the site. The applicant shall be responsible to construct all necessary mains to service this project. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Cover over sanitary sewer mains shall be no less than 3 -feet from finish grade to the top of the pipe. If cover is less than 3 -feet from the sub - grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. Applicant shall execute City of Meridian standard forms of easements for any mains that are required to provide service. 5. Water service to this site will be from main line extensions from existing water mains adjacent to the site. The applicant shall construct all water mains necessary to service this project. Coordinate main size and routing with Public Works. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 6. City of Meridian Standard Specifications and Drawings do not allow any large landscaping within 5 -feet of water meters, or 6 -feet of fire hydrants. The applicant shall make the necessary adjustments to achieve this separation and comply with all landscape ordinances. 7. 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 MCC 12-13-14 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 MCC 12-13-14. Where the applicant has submitted a preliminary landscape plan FP -05-048 Exhibit "A" Wyndstone Place Sub FP.doc MOO Mayor & City Council Hearing Date: August 9, 2005 Page 3 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 MCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction 7. Idaho Statute 50-1304 requires the Point of Beginning to tie into two public land survey corner monuments. Graphically depict at least two public land survey corner monuments on the phase of the plat with the corresponding CP and F filing numbers. 8. In the Certificate of Owners, please call out the "Real Point of Beginning". 9. Indicate all adjacent platted subdivision names. 10. Prior to signature on the final plat by the City Engineer, all existing structures on the site must be removed. 11. Prior to signature on the final plat by the City Engineer, a copy of a cross-parking/cross- access agreement for all of the new lots within the subdivision to utilize the driveways and parking areas shall be provided. Maintenance of the drive aisles and parking areas shall be provided for in a note on the face of the plat and/or in a document such as the CC&R's. 12. The landscape plan dated 6/30/05 shall be revised as follows: a. Relocate the three trees shown along the west boundary that are within the sewer easement. b. Add bushes, 1 every 35 -ft. at a minimum, along the western boundary of the subdivision. 13. Add or revise the notes on the face of the plat dated 6/29/05 as follows: (1.) "...or as otherwise approved in CUP -05-014." (10.) Complete recording information. 14. Prior to signature of the final plat by the City Engineer, a copy of a cross parking/cross access agreement for all of the new lots within the subdivision to utilize the driveways and parking areas shall be provided. Maintenance of the drive aisles and parking areas shall be provided for in a note on the face of the final plat, AND/OR in a document such as CCR's. 15. Applicant agrees to reinstall the fencing removed at the end of Wells Circle. This is not a condition set forth by the city, but is agreed to by the applicant. Construct a 6 -foot tall solid vinyl fence along the west and north property lines (adjacent to the existing residences), as proposed. If permanent fencing is not provided around the entire FP -05-048 Exhibit "A" Wyndstone Place Sub FP.doc /'N Mayor & City Council Hearing Date: August 9, 2005 Page 4 perimeter, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of building permits. All fences shall taper down to 3 -feet maximum within 20 feet of all right-of-way. All fencing shall be installed in accordance with MCC 12-4-10. 16. Maintenance of all common areas, including but not limited to: drive aisles, parking areas, landscaping, etc., shall be the responsibility of the Wyndstone Business Owners' Association. 17. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 18. Staff's failure to cite specific ordinance provisions, or terms of the approved annexation, conditional use permit, or preliminary plat does not relieve the applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. 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. 2. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 3. All development improvements, including sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 4. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 5. 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. 6. One hundred -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by FP -05-048 Exhibit "A" Wyndstone Place Sub FP.doc GO Mayor & City Council Hearing Date: August 9, 2005 Page 5 Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 8. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 9. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 10. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 11. 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. 12. All grading of the site shall be performed in conformance with MCC I 1-12-3H. 13. Coordinate fire hydrant placement with the City of Meridian Public Works Department. STAFF RECOMMENDATION Staff recommends approval of the final plat with the above stated comments and conditions. FP -05-048 Exhibit "A" Wyndstone Place Sub FP.doc Page 1 of 1 Mike Cole From: Ross [ross@ericksoncivii.com] Sent: Monday, August 08, 2005 2:13 PM To: Mike Cole Subject: Wyndstone Place - Final Plat Mike, We have reviewed the City of Meridian's staff report of August 4, 2005 for Wyndstone Place Subdivision and will comply with the conditions of approval stated therein. This project is on the City Council's agenda for August 9, 2005, and as we understand, will be on the consent agenda for approval. Please contact me at 208.867.3954 if you should have any questions or require any additional information. Thanks, RE SINCERELY, ROSS K. ERICKSON P.E. ERICKSON-CIVIL, INC. 18b4 E. LANARK ST. MERIDIAN. IDAHO 93642 7.208.846.8955 F-208.646.8956 C,.208.867.3954 ross@ericksoncivil.com 8/8/2005 Exhibit "B" r. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF PRIMELAND DEVELOPMENT, LLP FOR FINAL PLAT APPROVAL OF 6 COMMERCIAL OFFICE BUILDING LOTS ON 4.65 ACRES IN AN L -O ZONE LOCATED ON THE NORTHEAST CORNER OF MCMILLAN ROAD AND WEST MILANO DRIVE IN A RESUBDIVISION OF LOTS 37, 38, AND 39, BLOCK 3, VERONA SUBDIVISION NO.2 IN THE SW V4 OF T. 4N., R. 1W., SECTION 26 C/C August 9, 2005 CASE NO. FP -05-046 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on August 9, 2005, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 9, 2005, 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 VERONA SUBDIVISION NO. 3 A RESUBDIVISION OF LOTS 37, 38, AND 39, BLOCK 3, VERONA ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VERONA SUBDIVISION NO. 3 / (FP -05-046) Pagel of 3 SUBDIVISION NO. 2, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: 06/27/05, SHEET 1 OF 2, ENGINEERING SOLUTIONS", PRIMELAND DEVELOPMENT, LLP, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 9, 2005, listing 11 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 15GENERAL 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 Engineering Solutions, LLP, a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 2 pages, and by this reference herein. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VERONA SUBDIVISION NO. 3 / (FP -05-046) Page 2 of 3 The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 911— day of A , 2005. 11 Jill,/ OF �v Tammy eke Weerd ayor, 'City of Meridian Attest: SEAL William G. Berg, Jr., City 7 J%7Q s rT., a� Copy served upon Applicant, thepl� epartment, Public Works Department, and City ttorney. 'Y,,, Y Dated: rty Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VERONA SUBDIVISION NO. 3 / (FP -05-046) Page 3 of 3 MAYOR,' Tammy de Weerd CITY OF ipt CITY COUNCIL MEMBERS Keith Bird ' V Christine Donnell I I )AH0 Shaun Wardle n (- Charles M. Rountree 14:t vs L, I cr.. V�rv'"~'+-,'SINCE gena PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 • Fax (208)898-9551 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 STAFF REPORT: Hearing Date: August 9, 2005 Transmittal Date: August 4, 2005 To: Mayor and City Council From: Sonya Allen, Assistant City Planner l Michael Cole, Development Services Coordinator tyl C, Re: Verona Subdivision No. 3 Request for Final Plat approval of Six Commercial Building Lots on 4.65 Acres in an L -O Zone by Primeland Development, LLP (File No. FP -05-046). We have reviewed the above referenced submittals and offer the following comments as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Primeland Development, LLP, has applied for final plat approval of six commercial building lots on 4.65 acres of land for Verona Subdivision No. 3. The zoning designation for the proposed subdivision is L -O (Limited Office). Verona Subdivision No. 3 is located off the north-east corner of W. McMillan Road and W. Milano Drive, in the SW t/ of Section 26, TAN., R.1 W. The proposed subdivision is a re -subdivision of Lots 37, 38, and 39, Block 3, of Verona Subdivison No. 2. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Verona Subdivision No. 3 with the comments and conditions stated in this report. SPECIAL CONSIDERATIONS A. Lot Frontage Requirement: Lots 41-43, Block 3 (the three northern lots) do not have the required amount of street frontage. MCC 11-9-1 requires a minimum of 50 feet of frontage on a public or private street for all lots in the L -O zone. When the original Planned FP -05-046 Exhibit "A" Verona Sub3 FP.doe Mayor & City Council Hearing Date: August 9, 2005 Page 2 Development application for Verona Subdivision was approved (see File CUP -03-007), the applicant did not request (nor was approved) for any exception to this standard requirement. The original Preliminary Plat (PP -03-003) showed only three lots and each of these had street frontage — so it was not an issue with the original application. However, when the second Preliminary Plat (PP -04-044) was approved for six lots and showed three lots without frontage, neither the applicant nor staff recognized this issue. Staff did recommend a rezone to bring the base zone into conformance with the use (which was done), but the issue of street frontage was not addressed. The pending Unified Development Code (UDC) removes the street frontage requirement for L -O lots. So, assuming the UDC is approved by City Council, this will not be an issue. The other option is for the applicant to amend CUP -03-007 to allow a zero frontage for all office lots. Below, staff has provided the applicant with either of these options but one of them must occur prior to City Engineer signature of the final plat. B. Modification to Verona CUP and DA: When applications RZ-05-006 and PP -04-044 were approved earlier this year for Phase 3, staff included the following statement in the staff report (see report for File #PP -04-044, dated January 20, 2005): "Once the applicant rezones the property, staff feels it would be appropriate to modify the Development Agreement and original Planned Development approval to eliminate the requirement for individual conditional use permits. Professional and sales offices are permitted uses in an L -O district." To date, the applicant has not filed for either the DA or a PD modification. As such, a detailed CUP application is required before any building permits can be issued within this phase. While it does not directly affect the subject final plat, staff continues to recommend the applicant file a modification to eliminate this requirement. SITE SPECIFIC COMMENTS / FINAL PLAT 1. Applicant is to meet all terms of the approved annexation (AZ -03-005), Rezone (RZ-05- 006), preliminary plats (PP -03-003 & PP -04-044), and conditional use permit/planned development (CUP -03-007) for this subdivision. 2. Prior to the City Engineer signature, at least one of the following actions must occur before Lots 41-43 will be deemed conforming lots: a) Amend CUP -03-007 (Planned Development for Verona Subdivision) to allow L- O zoned lots to be platted with no street frontage requirement; OR b) A new ordinance (Unified Development Code) is approved and published which allows L -O zoned lots to be platted with no street frontage requirement. 3. There appears to be a missing monument marker depicted on the plat on the eastern boundary of Lot 44, Block 3. The applicant shall confirm this information and ensure all monument markers are depicted on the plat. FP -05-046 Exhibit "A' Verona Sub3 FP.doc Mayor & City Council Hearing Date: August 9, 2005 Page 3 4. The applicant has indicated that the Bridgetower Crossing & Verona Homeowners' Associations will own and maintain the pressure irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is 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 irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 6. Sanitary sewer service to this site shall be from extension of mains stubbed into this site during construction of Verona #2. The applicant shall be responsible to construct all necessary mains to service this project. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Cover over sanitary sewer mains shall be no less than 3 -feet from finish grade to the top of the pipe. If cover is less than 3 -feet from the sub -grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. Applicant shall execute City of Meridian standard forms of easements for any mains that are required to provide service. 7. Water service to this site will be from main line extensions from existing water stubs installed during construction of Verona #2. The applicant shall construct all water mains necessary to service this project. Coordinate main size and routing with Public Works. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 8. Each lot must keep their waste water on site, 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, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 9. A Planned Sign Program shall be required for this phase of Verona Subdivision. 10. Complete the Certificate of Owners. FP -05-046 Exhibit "A" Verona Sub3 FP.doc Mayor & City Council Hearing Date: August 9, 2005 Page 4 11. Staff's failure to cite specific ordinance provisions, or terms of the approved annexation, rezone, conditional use permit, or preliminary plats does not relieve the applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. 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. 2. Water system shall be approved and activated, fencing shall be installed, drainage lots constructed, road base shall be approve by the entity having jurisdiction, and the final plat recorded, prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 6. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 7. One hundred -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 8. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 9. 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 MCC 12-13-14 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 MCC 12-13-14. Where the applicant has submitted a preliminary landscape plan FP -05-046 Exhibit "A" Verona Sub3 FP.doc n Mayor & City Council Hearing Date: August 9, 2005 Page 5 W 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 MCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 10. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 13. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 14. All grading of the site shall be performed in conformance with MCC 11-12-3H. 15. Coordinate fire hydrant placement with the City of Meridian Public Works Department. STAFF RECOMMENDATION Staff recommends approval of the final plat with the above stated comments and conditions. FP -05-046 Exhibit "A" Verona Sub3 FP.doc EfGINEERING olanniag and engineering commumliesAWN lulare OLUTIONSLLP August 8, 2005 Mayor and City Council City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Re: Verona Subdivision No. 3 Final Plat File Na FP -05-046 Dear Mayor and Council: r,11, 150 East Aikens Street, Suite B Eagle, ID 83616 Phone: (208) 938-0980 Fax: (208) 938-0941 E -n ail: es-beckym@gwest.net We have reviewed the staff comments for the above -referenced project and have the following responses: SITE SPECIFIC CONDITIONS OF APPROVAL (FINAL PLAT) 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. 10. The applicant will comply. CADomments and Settingsloolem\Local SettingMTemporary Ieriernet Files\OLK I A6\RersResponse (2}dec Exhibit "13" r%,, Mayor and City Council August 8, 2005 Page 2 11. Noted. GENERAL REQUIREMENTS 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. 10. The applicant will comply. 11. The applicant will comply. 12. The applicant will comply. 13. The applicant will comply. 14. The applicant will comply. 15. The applicant will comply. Please feel free to call me if you have additional comments or questions. Sincerely, Engineering Solutions, LLP Becky McKay Partner BM:ss cc: Mr. Frank Varriale C ODCUments and Senings\colem\Local Settings7emporary Internet Files10LK1A6\RecsResponse (2).doc iizhibit "H" n BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF FALCON CREEK, LLC FOR APPROVAL OF 16 BUILDING LOTS AND 4 COMMON LOTS ON 34.603 ACRES IN L -O, I -L, AND C -G ZONES LOCATED ON THE NORTHWEST CORNER OF NORTH TEN MILE ROAD AND WEST USTICK ROAD IN A PORTION OF THE S % OF THE SE/40F T. 4N. R. 1W., SECTION 34 C/C August 9, 2005 CASE NO. FP -05-047 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on August 9, 2005, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 9, 2005, 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 MCNELIS SUBDIVISION LOCATED IN A PORTION OF THE S %2 OF THE SE '/ OF T. 4N., R. IW., SECTION 34, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: 06/27/05, SHEET 1 OF2, ENGINEERING SOLUTIONS, LLP", FALCON ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MCNELIS SUBDIVISION / (FP -05-047) Pagel of 3 I 00� n CREEK, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 9, 2005, listing 22 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 13 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of pages, and by this reference incorporated herein, and the response letter from Engineering Solutions, LLP, a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 3 pages, and by this reference incorporated herein, and the response letter from Nampa & Meridian Irrigation District, a true and correct copy of which is attached hereto marked Exhibit "C" and consisting of 2 pages, and by this reference incorporated herein. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MCNELIS SUBDIVISION / (FP -05-047) Page 2 of 3 The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 001— day of 12005. Tam d Weerd Mayor, ity of Meridian Atte - o BEAL illiam G. Berg, Jr., City dcik 1� Copy served upon Applicant, then Tg�l epartment, Public Works Department, and City Attorney. f'''%, T`t By Dated: City Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MCNELIS SUBDIVISION / (FP -05-047) Page 3 of 3 MAYOR Tammy de Weerd CITY Y OF �!!'s�t .,w PUBLIC WORKS BUILDING DEPARTMENT CITY COUNCIL MEMBERS (208) 898-5500 - Fax (208)898-9551 Keith Bird Christine Donnell Il) AHO PLANNING AND ZONING Shaun Wardle DEPARTMENT Charles M. Rountree `' /� (208) 884-5533 - FAX 888-6854 Cf . fij, tSUtty. V. >Yv SIKE 1983 STAFF REPORT: Hearing Date: August 9, 2005 Transmittal Date: August 4, 2005 To: Mayor and City Council From: Sonya Allen, Assistant City PlannerR Michael Cole, Development Services Coordinator Re: McNelis Subdivision Request for Final Plat approval of 16 Commercial Building Lots and 4 Common Area Lots on 34.603 Acres in I -L, L -O, and C -G Zones by Falcon Creek, LLC (File No. FP -05-047). We have reviewed the above referenced submittals and offer the following comments as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Falcon Creek, LLC, has applied for final plat approval of 16 commercial building lots and 4 common area lots on 34.603 acres of land for McNelis Subdivision. The zoning designation for the proposed subdivision is I -L (Light Industrial), L -O (Limited Office), and C -G (General Retail and Service Commercial). McNelis Subdivision is located at the north-west corner of W. Ustick Road and N. Ten Mile Road, in the SE % of Section 34, TAN., R.1 W. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of McNelis Subdivision with the comments and conditions stated in this report. SITE SPECIFIC COMMENTS / FINAL PLAT 1. Applicant is to meet all terms of the approved annexation (AZ -04-004), development agreement (Inst. No. 104093293) and preliminary plat (PP -04-004) for this subdivision. FP -05-047 Exhibit "A" McNelis Sub FP.doc QQ Mayor & City Council Hearing Date: August 9, 2005 Page 2 /" 2. The applicant has indicated that the McNelis Subdivision Business Owner's Association will own and maintain the pressure irrigation system within this development, however the plat indicates it will be owned by Nampa and Meridian Irrigation District. If it is to be maintained as a private system plans and specifications shall be reviewed by the Public Works Department, with a draft copy of the Operations and Maintenance submitted prior to plan approval. If it is to be owned and operated by Nampa and Meridian Irrigation District, a license agreement shall be entered into prior to scheduling a pre -construction meeting. 3. The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water. If a creek or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is used, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 4. All irrigation ditches, laterals or canals, (excepting the Five Mile Creek and Nine Mile Creek) exclusive of natural waterways intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 5. Sanitary sewer service to this site shall be from service line extensions from existing mains adjacent to the site. The applicant shall be responsible to construct all necessary mains to service this project. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Cover over sanitary sewer mains shall be no less than 3 -feet from finish grade to the top of the pipe. If cover is less than 3 -feet from the sub - grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. Applicant shall execute City of Meridian standard forms of easements for any mains that are required to provide service. 6. Water service to this site will be from main line extensions from existing water mains adjacent to the site. The applicant shall construct all water mains necessary to service this project. Coordinate main size and routing with Public Works. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 7. Multi -use pathways shall include shoulders that give a total width of 14 -ft. and be designed to standards of HS -20 or as jointly agreed by Planning & Zoning staff, the applicant, Public Works, and the Parks Department. The applicant shall conform to the Meridian Parks and Recreation Department standards for construction of the regional pathway. FP -05-047 Exhibit "A" McNelis Sub FP.doc Mayor & City Council Hearing Date: August 9, 2005 Page 3 8. Multi -use pathways must be fully improved prior to issuance of the first building permit in the development. 9. The Applicant shall contact Bryce Farris of Ringert Clark Chartered Lawyers (or the current attorney for Nampa Meridian Irrigation District) at 342-4591 to initiate the License Agreement process for the public multi -use pathway located along the northern & western boundaries of this subdivison. The License Agreement is required under the Master Pathway Agreement between the City of Meridian and NMID, dated December 19, 2000. It is the developer's responsibility to initiate the License Agreement request and provide all information required by NMID's attorney. 10. Prior to occupancy of any building, a permanent pedestrian easement, in favor of the City of Meridian, shall be recorded for the multi -use pathways. The easement shall be sufficient width to cover the width of the pathway(s). Buildings are precluded from being constructed within this easement. 11. Applicant shall submit a "FINAL " street name approval letter from the Ada County Street Name Committee prior to signature on the final plat by the Meridian City Engineer. 12. A 20 -ft. wide landscape buffer is required on the south side of Lot 4, Block 2 where the 20 -ft. wide sewer easement is proposed. Adjust the lot line common to Lots 3 & 4 so that the sewer easement is contained in Lot 3 and the landscape buffer is contained in Lot 4. Also, show the 20 -ft. wide landscape buffer easement graphically on the face of the plat. 13. Graphically depict the 20 -ft. wide landscape buffers required on the north and west side of Lot 3, Block 1 and on the west side of Lot 4, Block 1. 14. Complete the instrument numbers of all existing easements that are shown on the plat. 15. 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 MCC 12-13-14 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 MCC 12-13-14. 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 MCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction 16. Temporary construction fencing shall be installed prior to issuance of building permits around the perimeter of the subdivision where permanent fencing is not proposed. Solid fencing greater than 3 -ft. in height is prohibited on the west side of the Nine Mile Creek multi -use pathway. Solid fencing greater than 3 -ft. in height is prohibited on the north FP -05-047 Exhibit "A" McNelis Sub FP.doc Mayor & City Council Hearing Date: August 9, 2005 Page 4 side of the Five Mile Creek multi -use pathway. Fencing constructed on either side of a multi -use pathway should be a minimum of 5 -ft. from the edge of pavement. All fencing shall be constructed in accordance with MCC 12-4-10. 17. Provide the City with a copy of a recorded cross access agreement for the office and commercial lots in Block 1, to use the driveways to Ustick Road and Ten Mile Road as access to the public street system prior to signature on the final plan by the City Engineer. 18. The applicant shall confirm that the pressure sewer easement shown on the face of the plat conforms to the agreed upon easement that was signed on 7/27/05. 19. A detailed conditional use permit will be required for any uses in the proposed C -G zone per the development agreement. Through this process, conditions can be placed on the facilities to minimize impacts on residential properties. 20. Revise the landscape plan dated 6/17/05 as follows: a. Reflect the requirement in conditions #7 and #12 above. 21. Add or revise the notes on the face of the plat dated 6/28/05 as follows: (4.) If the pressurized irrigation system is to be maintained by the McNelis Business Owners, revise note to state the true owner. (7.)Include in the note that the McNelis Business Owner's Association is also responsible for maintenance of all landscaping adjacent to the pathways. (*.)Add a note advising "Bottom elevation of structural footings shall be set a minimum of 12 inches above the highest established normal ground water elevations." 22. Staff's failure to cite specific ordinance provisions, or terms of the approved annexation, or preliminary plat does not relieve the applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. 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. 2. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 3. All development improvements, including sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. FP -05-047 Exhibit "A" McNelis Sub FP.doc /"1 Mayor & City Council Hearing Date: August 9, 2005 Page 5 /N 4. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 5. 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. 6. One hundred -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 8. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 9. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 10. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 11. 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. 12. All grading of the site shall be performed in conformance with MCC 11-12-3H. 13. Coordinate fire hydrant placement with the City of Meridian Public Works Department. STAFF RECOMMENDATION Staff recommends approval of the final plat with the above stated comments and conditions. FP -05-047 Exhibit "A" McNelis Sub FP.doc no !GINEERING Amok ofarning and engineering communities for 06 fifure oLurIONs«P August 8, 2005 Mayor and City Council City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Re: McNelis Subdivision Final Plat File No. FP -05-047 Dear Mayor and Council: AON 150 East Aikens Street, Suite B Eagle, 1D 83616 Phone: (208) 938-0980 Fax: (208) 938-0941 E -malt: es -b c @gwest.net We have reviewed the staff comments for the above -referenced project and have the following responses: SITE SPECIFIC CONDITIONS OF APPROVAL (FINAL PLAT) 1. The applicant will comply. 2. The pressurized urban irrigation system will be owned by Nampa & Meridian Irrigation District. The applicant will enter into a construction contract for the pressurized irrigation system with Nampa & Meridian Irrigation District. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. The applicant will comply. 9. The applicant will comply. C:Mowmentsand SeltinpkoolemU wal SettinpkTcngx"n• Intent Filcs1OLKJ MkReesResponse.doc Exhibit 'B" Mayor and City Council August 8, 2005 Page 2 10. The applicant will comply. 11. The applicant will comply. 12. The applicant will adjust the easement lines as requested. We respectfully request that this landscape buffer be allowed to be constructed as part of the building permit for O the individual lot, with completion prior to obtaining a certificate of occupancy. 13. The applicant will graphically depict the landscape buffers; however, there is a City of �\ Meridian water easement on the west side of Lot 3, Block 1, so landscaping will be restricted. We respectfully request that these landscape buffers be allowed to beITS constructed as part of the building permits for the individual lots, with completion j �^ prior to obtaining a certificate of occupancy, and that we be allowed to work with } - r ' staff to provide acceptable landscaping as part of the future conditional use permits d for these lots. 14. The applicant will comply. 15. The applicant will comply. 16. The applicant will comply. 17. The applicant will comply. 18. The applicant will comply. 19. The applicant will comply. 20. The applicant will comply. 21. The applicant will revise the notes as requested. 22. Noted. GENERAL REQUIREMENTS 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. C Q uments and Settings\colem\Local Settings\Temporary Intemet Files\OLKI A6\RecsRcsponse.doc I-xhibit "B" l" Mayor and City Council August 8, 2005 Page 3 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. 10. The applicant will comply. 11. The applicant will comply. 12. The applicant will comply. 13. The applicant will comply. Please feel free to call me if you have additional comments or questions. Sincerely, Engineering Solutions, LLP Becky McKay Partner BM: ss cc: Mr. Leon Blaser Mr. Ed McNelis CADocuments and Settings\ooIem\Local Settings\Temporary Internet Files\OLK1 A6\R@csResponse.doc Exhibit "B" 27 July 2005 William G. Berg Jr., City Clerk City of Meridian 33 East Idaho Ave. Meridian, ID 83642 RE: FP 05-047/MeNelis Subdivision Dear Will: 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Nampa & Meridian Irrigation District requires that a Land Use Change Application be filed, for review, prior to final platting. Please contact Donna Moore at 466-7861 for further information. All laterals and waste ways must be protected. The District's 5 -Mile and 9 -Mile Drains course along the north and left boundaries of this proposed project. These facilities easements must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on site. If any municipal surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, Bill Henson Asst. Water Superintendent Nampa & Meridian Irrigation District BH/dbg C: Becky McKay; Engineering Solutions Crew Foreman File - Office/Shop APPROXIMATE IRRIGABIF ACRES Exhibit "C' RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS 40,000 r 29 July 2005 r01 Gdxh:GCt 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 Kathy Stroschein SHOP: Nampa 4660663 Becky McKay Engineering Solutions, LLP 150 E. Aikens Street, Suite B Eagle, ID 83616 RE: Land Use Change Application — McNelis Subdivision Please note the District now requires three (3) sets of plans Dear Ms. Stroschein and Ms. McKay: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above -referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feel free to call on me at the District's office, or John P. Anderson, at the District's shop. Sincerely, Donna N. Moore, Asst. Secretary/Treasurer NAMPA & MERIDIAN IRRIGATION DISTRICT DNM/smc cc: File Water Superintendent Will Berg, City Clerk, Meridian City Falcon Creek, LLC, 621 N. Robinson Road, Nampa, ID 83687 enc. APPROXIMATE IRRIGABLE ACRES Exhibit "C" RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS 40,000 x x X x x X X x J I 0 T-4 MI, z c m zi OHVCI NVIG 63Y4 -0 azZO 2w LO NYI ?13MOia3iVM iSV3 SNI(Ilintj 301JJO/-13NN3N 00C z 0 > C\l 10 -10d Wi, bi ow 12 -T 1N3MWd3G 301 NVIGN31M F lw 0 T-4 MI, z c m zi LO Total Estimated Cost Pre -Construction Donations: Architect Survey Civil Engineer Structural Engineer Mechanical Engineer Electrical Engineer Pre -Construction Manage Meridian Police K-9 Facility Meridian City Council August 9, 2005 $318,000 $17,000 c)uston & Bugatsch aho Survey Group anley Consultants -iggs Engineering .khorn Engineering C Engineers )b Ross, Falash & Ross Matt Schultz, Hubble Homes Remaining Donations Anticipated: $181,000 Funding Required: $120,000 Proposed Hubble Cash Donation: $60,000 Proposed City Cash Contribution: $60,000 /"1** Department Report MERIDIAN CITY COUNCIL MEETING August 9, 2005 APPLICANT Police Department -- Chief Musser ITEM NO. 6-C-1 REQUEST Update on the K-9 Building with Matt Shultz and Gary Scheihing AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. o 1 CITY OF MERIDIAN CITY COUNCIL MEETING AGENDA Tuesday, August 8, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll -call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Burton Roberts, with Meridian Gospel Tabernacle: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of May 3, 2005 City Council Special Meeting: B. Approve Minutes of July 12, 2005 Pre -Council Meeting: C. Approve Minutes of July 12, 2005 City Council Regular Meeting: D. Sanitary Sewer and Water Main Easement Agreement for Strada Bellissima: E. Water Service Easement for Metro Car Wash by EP . Crossing, LLC: F. _ Water Service Easement for Metro Car Wash by ABC2. LLC: G. License Agreement with Nampa and Meridian Irrigation District for Strada Bellissima, LLC: H. Black Cat Trunk Sewer and Lift Station Project Addendum No. 4 with JUB Engineers: Meridian City Council Meeting Agenda — August 9, 2005 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 hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ** TX CONFIRMAI.jN REPORT ** AS OF AUG 11 '05 09:18 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 03 08/11 09:13 3810160 EC --S 02'09" 004 159 OK 04 08/11 09:16 IDAHO ATHLETIC C EC --S 01'15" 004 159 OK -------------------------------------------------------------------------- CITY OF MERIDIAN CITY COUNCIL MEETING AGENDA Tuesday, August 9, 2005 at 7:00 P.M. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 7. Roll -call Attendance: X Shaun Wardle Christine Donnell Charlie Rountree Keith Bird _X Mayor Tammy de Weerd 2. Pledge of Allegiance: 6 y Off . J-Y"Ae ' 3. Community Invocation by Pastor Burton Roberts, with Meridian Gospel Tabernacle: p yaeSex,�tcat 4. Adoption of the Agenda: A n7y +—I— S. Consent Agenda: A. Approve Minutes of May 3, 2005 City Council Special Meeting: af'o"V"-' B. Approve Minutes of July 12, 2005 Pre -Council Meeting: 079"'0"— C. Approve Minutes of July 12, 2005 City Council Regular Meeting: C.rov� D. Sanitary Sewer and Water Main Easement Agreement for Strada Bellissima: am"we. E. Water Service Easement for Metro Car Wash by EP Crossing. LLC: app. &^c" F. Water Service Easement for Metro Car Wash by ABC2. LLC:w L G. License AgMment with Nampa and Meridian Irrigation District for Strada Bellissima. LLC: A,/yrovw H. Black Cat Trunk Sewer and Lift Station Proiect Addendum No. 4 with JUB Engineers: wyrr,v e, Meridian City Council Meeting Agenda —August 9. 2005 Page 1 of 4 All materials presented at public meetings shalt become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerl(s Office at 888-0433 at least 48 hours prior to the public meeting. aSl (n5T � µ�b�tc � � — ► r,Gtv�(,J� CITY OF MERIDIAN CITY COUNCIL MEETING AGENDA Tuesday, August 9, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll -call Attendance: Shaun Wardle Charlie Rountree 2. Pledge of Allegiance: Christine Dorrell Keith Bird Mayor Tammy de Weerd 3. Community Invocation by Pastor Burton Roberts, with Meridian Gospel Tabernacle: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of May 3, 2005 City Council Special Meeting: B. Approve Minutes of July 12, 2005 Pre -Council Meeting: C. Approve Minutes of July 12, 2005 City Council Regular Meeting: D. Sanitary Sewer and Water Main Easement Agreement for Strada Bellissima: E. Water Service Easement for Metro Car Wash by EP Grossing, LLC: F. Water Service Easement for Metro Car Wash by ABC2. LLC: G. License Agreement with Nampa and Meridian Irrigation_ District for Strada Bellissima. LLC: H. Black Cat Trunk Sewer and Lift Station Proiect Addendum No. 4 with JUB Enain Meridian City Council Meeting Agenda —August 9, 2005 Page 1 of 4 AO materials presented at pubile meetings Shan become property of the Clty of Meridian. Anyone desiring accommodation for disabiliBes related to documents andfor hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ** TX CONI ;TION REPORT ** AS OF AUG 05 '05 17: PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIWSEC PGS CMD# STATUS 03 06/05 16:40 PUBLIC WORKS EC—S 01109" 004 117 OK 04 08/05 16:41 12084664405 EC --S 01111" 004 117 OK 05 08/05 16:43 8841159 EC --S 01'10" 004 117 OK 06 08/05 16:45 2088840744 EC --S 01'12" 004 117 OK 07 08/05 1646 POLICE DEPT EC --S 01'10" 004 117 OK 08 08/05 16:48 8985501 EC --S 01'08" 004 117 OK 09 06/05 16:50 LIBRARY EC --S 01'31" 004 117 OK 10 08/05 16:52 92083776449 EC --S 01'09" 004 117 OK 11 08/05 16:53 3886924 EC --S 01'09" 004 117 OK 12 08/05 16:55 P -AND -Z EC --S 01109" 004 117 OK 13 08/05 16:57 ALL AMERICAN INS EC --S 01'09" 004 117 OK 14 08/05 16:58 FIRE DEPT EC --S 01109" 004 117 OK 15 08/05 1700 128300040 G3 --S 01'34" 004 117 OK 16 08/05 17:02 208 387 6393 EC --S 01'09" 004 117 OK 17 08/05 17 04 ADA CTY DEUELMT EC --S 01'09" 004 117 OK 18 08/05 1706 208BW5052 EC --S 01'10" 004 117 OK 19 08/05 17:07 CHERRY LANE G3 --S 02'30" 004 117 OK 20 08/05 17:11 IDAHO ATHLETIC C EC --S 01'09" 004 117 OK 21 08/05 17:12 ID PRESS TRIBUNE EC --S 01109" 004 117 OK 22 08/05 17:14 2088886701 EC --S 01'09" 004 117 OK 25 08/05 17:19 3810160 EC --S 02'01" 004 117 OK aSl (n5T � µ�b�tc � � — ► r,Gtv�(,J� CITY OF MERIDIAN CITY COUNCIL MEETING AGENDA Tuesday, August 9, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll -call Attendance: Shaun Wardle Charlie Rountree 2. Pledge of Allegiance: Christine Dorrell Keith Bird Mayor Tammy de Weerd 3. Community Invocation by Pastor Burton Roberts, with Meridian Gospel Tabernacle: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of May 3, 2005 City Council Special Meeting: B. Approve Minutes of July 12, 2005 Pre -Council Meeting: C. Approve Minutes of July 12, 2005 City Council Regular Meeting: D. Sanitary Sewer and Water Main Easement Agreement for Strada Bellissima: E. Water Service Easement for Metro Car Wash by EP Grossing, LLC: F. Water Service Easement for Metro Car Wash by ABC2. LLC: G. License Agreement with Nampa and Meridian Irrigation_ District for Strada Bellissima. LLC: H. Black Cat Trunk Sewer and Lift Station Proiect Addendum No. 4 with JUB Enain Meridian City Council Meeting Agenda —August 9, 2005 Page 1 of 4 AO materials presented at pubile meetings Shan become property of the Clty of Meridian. Anyone desiring accommodation for disabiliBes related to documents andfor hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ** TX CONFIRMATION REPORT ** AS OF JUL 29 '05 21:08 PAGE -01 CITY OF MERIDIAN � i rr or 11 ),1t10 ,Y W TiF.�uia�: VNaF� MAYOR Tammy de Weerd CITY COUNCIL Mtimsrm$ Keith Bird Christine Dormell Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234 / fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 / fax 89S-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678 / 846-7366 Rlblic Works 660 E. Watertower Lane Suite 200 898-5500 / fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 Water 2235 N.W. 8th Street 888-5242 / fax 884-1159 NOTICE OF CANCELA TION OF REGULAR MEETING OF THE MERIDIAN CITY COUNCIL Due to the lack of a quorum with the participation of the "National Night Out" community events, the regular scheduled City Council meeting for Tuesday, August 2nd, 2005 has been CANCELLED. If you have any questions, please contact the City Clerk's Office at 888-4433. Thank you. DATED this 29th day of July, 2005. G. BERG, " k g BEALL On - f "V CITY HALL 33 EAS1 IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY 0X''hK - FAX 888.4218 CITY ATTORNEY / HK -FAX SU -87Z3 FINANCT.. & UTILITY BILL.INC -FAX 867-9-0813 MAYOR'S ONTICE - FAX AA4.8119 Fronted on recycled parer DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 01 07/29 21:03 208 387 6393 EC --S 00'27" 001 052 OK 02 07/29 21:03 ADA CTY DEUELMT EC --S 00'28" 001 052 OK 03 07/29 21:05 2088865052 EC --S 00'28" 001 052 OK 04 07/29 21:06 IDAHO ATHLETIC C EC --S 00'26" 001 052 OK 05 0729 21:07 ID PRESS TRIBUNE EC --S 00'26" 001 052 OK 06 07/29 21=08 2088886701 EC --S 00'27" 001 052 OK � i rr or 11 ),1t10 ,Y W TiF.�uia�: VNaF� MAYOR Tammy de Weerd CITY COUNCIL Mtimsrm$ Keith Bird Christine Dormell Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234 / fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 / fax 89S-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678 / 846-7366 Rlblic Works 660 E. Watertower Lane Suite 200 898-5500 / fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 Water 2235 N.W. 8th Street 888-5242 / fax 884-1159 NOTICE OF CANCELA TION OF REGULAR MEETING OF THE MERIDIAN CITY COUNCIL Due to the lack of a quorum with the participation of the "National Night Out" community events, the regular scheduled City Council meeting for Tuesday, August 2nd, 2005 has been CANCELLED. If you have any questions, please contact the City Clerk's Office at 888-4433. Thank you. DATED this 29th day of July, 2005. G. BERG, " k g BEALL On - f "V CITY HALL 33 EAS1 IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY 0X''hK - FAX 888.4218 CITY ATTORNEY / HK -FAX SU -87Z3 FINANCT.. & UTILITY BILL.INC -FAX 867-9-0813 MAYOR'S ONTICE - FAX AA4.8119 Fronted on recycled parer MAYOR Tammy de Weerd CITY COUNCIL MEMer'n Keith Bind Christine Donnell Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234 / fax 895-0390 Parks & Recreation 11 W. Bower Street 8883579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678 / 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 898-9551 - Building 660 E. Watertower Lal& Suite 150 887-2211 / fax 887-1297 Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 Water 2235 N.W. 8th Street 888-5242 / fax 884-1159 NOTICE OF CANCELA TION OF REGULAR MEETING OF THE MERIDIAN CITY COUNCIL Due to the lack of a quorum with the participation of the "National Night Out" community event$, the regular scheduled City Council meeting for Tuesday, August 2nd, 2005 has been CANCELLED. If you have any questions, please contact the City Clerk's Office at 888-4433. Thank you. DATED this 29th day of, CrrY HALL 33 EAST IDAHO AvENUF. MERIDIAN, IDAHO 83642 (208) 888-4433 CITY C I.LAK —FAX 888.4218 CITY Al TORNEY / MR— FAX 88a-6773 PINANCk & UTILITY Bn.LTNC —FAX 887-4613 MAYOR'S 017ICE —FAX 884.8119 Printed on recycled paper r /I�l ** TX CONFIRh­ iON REPORT ** AS OF JUL 29 '05 21•d2 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 21 07/29 20:51 3810160 EC --S 00'41" 001 052 OK 22 07/29 20:52 PUBLIC WORKS EC --S 00'27" 001 052 OK 23 07/29 20:53 8841159 EC --S 00'27" 001 052 OK 24 07/29 20:54 2088840744 EC --S 00'27" 001 052 OK 25 0729 20:55 POLICE DEPT EC --S 00'27" 001 052 OK 26 07/29 20:56 8985501 EC --S 00'27" 001 052 OK 27 0729 20:57 LIBRARY EC --S 00'33" 001 052 OK 28 0729 2058 92083776449 EC --S 00'26" 001 052 OK 29 07/29 20:56 3886924 EC --S 00'27" 001 052 OK 30 0729 20=59 P -AND -Z EC --S 00'27" 001 052 O< 31 07/29 2100 895 0390 EC --S 00'27" 001 052 OK 32 ---------------------------------,--(-�------C-----1------------------------------------------------_ 07/29 21:02 128300040 G3 --S 00'31" 001 052 OK carr or INN MAYOR Tammy de Weerd CITY COUNCIL MEMer'n Keith Bind Christine Donnell Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234 / fax 895-0390 Parks & Recreation 11 W. Bower Street 8883579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678 / 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 898-9551 - Building 660 E. Watertower Lal& Suite 150 887-2211 / fax 887-1297 Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 Water 2235 N.W. 8th Street 888-5242 / fax 884-1159 NOTICE OF CANCELA TION OF REGULAR MEETING OF THE MERIDIAN CITY COUNCIL Due to the lack of a quorum with the participation of the "National Night Out" community event$, the regular scheduled City Council meeting for Tuesday, August 2nd, 2005 has been CANCELLED. If you have any questions, please contact the City Clerk's Office at 888-4433. Thank you. DATED this 29th day of, CrrY HALL 33 EAST IDAHO AvENUF. MERIDIAN, IDAHO 83642 (208) 888-4433 CITY C I.LAK —FAX 888.4218 CITY Al TORNEY / MR— FAX 88a-6773 PINANCk & UTILITY Bn.LTNC —FAX 887-4613 MAYOR'S 017ICE —FAX 884.8119 Printed on recycled paper n ** TX CONF. TION REPORT ** 111141 AS OF JUL 29 '05 20• PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIWSEC PGS CMD# STATUS 03 07/29 20:32 3810160 EC --S 00'38" 001 051 OK 04 07/29 20:34 PUBLIC WORKS EC --S 00'26" 001 051 OK 05 0729 20:35 8841159 EC --S 00'27" 001 051 OK 06 07/29 20:36 2088840744 EC --S 00'27" 001 051 OK 07 0729 20:36 POLICE DEPT EC --S 00'27" 001 051 OK 08 0729 20:37 8985501 EC --S 00'26" 001 051 OK 09 07/29 20:3e LIBRARY EC --S 00'33" 001 051 OK 10 0729 20:39 92083776449 EC --S 00'27" 001 051 OK 11 0729 20:40 3886924 EC --S 00'26" 001 051 OK 12 07/29 20=41 P -AND -Z EC --S 00'28" 001 051 OK 13 07/29 20=42 895 0390 EC --S 00'26" 001 051 OK 14 07/29 20:43 128300040 G3 --S 00'30" 001 051 OK 15 07/29 20:44 208 387 6393 EC --S 00'26" 001 051 OK 16 07/29 20:45 ADA CTY DEUELMT EC --S 00'27" 001 051 OK 17 07/29 20:46 2088885052 EC --S 00'27" 001 051 OK 18 07/29 20:4? IDAHO ATHLETIC C EC --S 00'27" 001 051 OK 19 0729 20:48 ID PRESS TRIBUNE EC --S 00'27" 001 051 OK 20 07/29 20:49 2088886701 EC --S 00'26" 001 051 OK ------------------------------------------------------------------------------------- �lP. f,9 .%- A�, � �o u y7'sL:.'f "Ty OF l IDAHO ew V. , 9u MAYOR Tammy de Weerd CITY COUNCIL MEMACRS Keith Bird Christine Donnell Charles M. Rountree Shaun Wardle CITY DEPARTM1iNT5 fire 540 E. Franklin Road 888-1234 / fax 895-0390 Parks & Recreatiun 11 W. Bower Street 888-3579 / fax 898-5501 Planning- 660 lanning660 F. Watertower Lane Suite 202 884.5533 / fax 888.6844 Police 1401 E. Watertower Lane 888-6678 / 846-7366 Public Works 660 E. Watertower Lane Suite 200 898.5500 / fax 898-9551 - building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 Water 2235 N.w. 8th Street 888-5242 / fax 884-1159 NOTICE OF SPECIAL JOINT WORKSHOP / MEETING MERIDIAN CITY COUNCIL KUNA CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian and the City Council of the City of Kuna will hold a Special Joint Workshop I Meeting at Meridian City Hall in the City Council Chambers at 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, August 2, 2005 at 3:00 P.M. The Meridian City Council and the Kuna City Council will be discussing issues concern the Area of City Impact. The public is welcome to attend. DATED this 19th day of July, 2005. 0 QTY HALL 33 E.nST IogFro AVENUE MFRIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -PAX 888.4218 C1TYA1TORNEY/HR-PAX834-8723 F'INANCE&UTIL1TYA1LLM-FAX887.4813 MAYOR'S 01YICE-FAX 884-8119 Pri"tcd = recyde9 para ** TX CONFIRMATION REPORT ** DATE TIME TO/FROM 01 07/22 18:47 IDAHO ATHLETIC C 02 07/22 18:4e ID PRESS TRIBUNE 03 07/22 18.49 2088886701 laik )4y CIl'Y Pr 0%%zcnfi�` ur,�ii0 W L '�"�xe rnEn'W�a Vnv� iYei MAYOR Tammy de Wccrd CITY COUNCIL MEMRFRS Keith Bird Christine Donnell Charles M. Rountree Shaun Wardle CITY UEPAIQTM1:NTs Fire 5401'. Franklin Road 888-1234 / fax 895-0390 Parks & Itecreatit)n 11 W. Bower Street 888-3579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 /fax 888-6844 Police 1401 E. Watertower Lane 888-6678 / 846-7366 Public Works 660 E. Watertower Lane Suito 200 898-5500 / fax 898-9551 - Building 660 E. Watertower lane Suite 150 887-2211 / fax 887.1297 Wastewater 3401 N. Ten Mile Road 888••2191 / fax 884-0744 Water 2235 N.W. 8th Street 888-5242 / fax 884-1159 AS OF JUL 22 '05 18=50 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD#S STATUS EC --S 00'41" 002 026 OK EC --S 00'40" 002 026 OK EC --S 00'41" 002 026 OK /a fru - Alf NOTICE OF SPECIAL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, July 26, 2005 at 6:00 P.M. The Meridian City Council will discuss the following items: - Public Hearing: Downtown Meridian Transportation Management Plan - consider adoption of plan which recommends preferred layout for Downtown Traffic Patterns Public Hearing: Application for an Ordinance for New Tide 11 Unified Development Code replacing /repealing Title 11 Zoning Regulations and Title 12 Subdivision Development of the Meridian City Code The public is welcome to attend the meeting. DATED 22nd day of July, 2005. WILLIAM G. BERG, .q� CLERK ZrI lay.. •...mcY�'"� CITY HALL 33 EAST IDAHO AvENuE MERIDTAN, IDAHO 83642 (208) 888-4433 CITY CLM - FAX 868-4218 CITY AITORNEY I HR - FA x 384.6723 FINANCLi &- UTILITY BILI.INC •. I;AX 887 4813 MAYOR'S OFFICE - FAX 684-8719 Priatrd on recycled paper MAYOR Tammy de Wecrd CITY COUNCIL MEMBERS Keith Bird Cluistine Donnell Charles M. Rountree Shaun Wardle CITY DEPAKI'MENTS Fire 540 r. Franklin Road 888-1234 / fax 895-0390 Parks & Recreatiun I l W. Bower Street 888.3579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678 / 846-7;66 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 898-9551 - Building 660 E. Water•tower lane Suite 150 887-2211 /fax 887-1297 Wastewater 3401 N. Ten Mile Road 88&•2191 / fax 884-0744 Water 2235 N.W. 8th street 888-5242 / fax 884-1159 14_1466 - A-41 NOTICE OF SPECIAL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, July 26, 2005 at 6:00 P.M. The Meridian City Council will discuss the following items: -- Public Hearing. Downtown Meridian Transportation Management Plan - consider adoption of plan which recommends preferred layout for Downtown Traffic Pattems - Public Hearing. Application for an Ordinance for New Title 11 Unified Development Code replacing/repealing Title 11 Zoning Regulations and Title 12 Subdivision Development of the Meridian City Code The public is welcome to attend the meeting. M�k� Ao DATED 22nd day of July, 2005. JF " 41. �'(V WILLIAM G. BERG, JR: - C LERK - CITY HAr,L 33 EAST IDAHO AvENUE MERIDTAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 8884218 CITY ATTORNEY / 14R - FA x 884.8723 FINANCE & UTILITY EILI.TNC,Ii kX B87 1813 MAYOR'S OFFICE -FAX 884-8119 Fri,," - recycled F.Po 10"N' 10-11 *k TX CONF. .,TION REPORT ** AS OF JUL 22 '05 1B• -.o PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 17 0722 1826 3810160 EC --S 01'04" 002 026 OK 18 0722 1827 PUBLIC WORKS EC --S 00'41" 002 026 OK 19 0722 18:29 8841159 EC --S 00'42" 002 026 OK 20 07/22 19:30 2088840744 EC --S 00'42" 002 026 OK 21 07/22 18:31 POLICE DEPT EC --S 00'40" 002 026 OK 22 0722 18:32 8985501 EC --S 00'40" 002 026 OK 23 07/22 18:33 LIBRARY EC --S 00'52" 002 026 OK 24 07/22 1835 92083776449 EC --S 00'41" 002 026 OK 25 07/22 1836 3686924 EC --S 00'40" 002 026 OK 26 07/22 18:37 P—AND—Z EC --S 00'40" 002 026 OK 27 07/22 18:38 895 0390 EC --S 00'40" 002 026 OK 28 0722 18:39 128300040 G3 --S 00'50" 002 026 OK 29 07/22 16:41 208 367 6393 EC --S 00'40" 002 026 OK 30 07/22 18 42 ADA CTY DEVELMT EC --S 00'40" 002 026 OK 31 0722 18:43 2088885052 EC --S 00'41" 002 026 OK 32 07/22 18:45 CHERRY LANE G3 --S 01'17" 002 026 OK MAYOR Tammy de Wecrd CITY COUNCIL MEMBERS Keith Bird Cluistine Donnell Charles M. Rountree Shaun Wardle CITY DEPAKI'MENTS Fire 540 r. Franklin Road 888-1234 / fax 895-0390 Parks & Recreatiun I l W. Bower Street 888.3579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678 / 846-7;66 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 898-9551 - Building 660 E. Water•tower lane Suite 150 887-2211 /fax 887-1297 Wastewater 3401 N. Ten Mile Road 88&•2191 / fax 884-0744 Water 2235 N.W. 8th street 888-5242 / fax 884-1159 14_1466 - A-41 NOTICE OF SPECIAL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, July 26, 2005 at 6:00 P.M. The Meridian City Council will discuss the following items: -- Public Hearing. Downtown Meridian Transportation Management Plan - consider adoption of plan which recommends preferred layout for Downtown Traffic Pattems - Public Hearing. Application for an Ordinance for New Title 11 Unified Development Code replacing/repealing Title 11 Zoning Regulations and Title 12 Subdivision Development of the Meridian City Code The public is welcome to attend the meeting. M�k� Ao DATED 22nd day of July, 2005. JF " 41. �'(V WILLIAM G. BERG, JR: - C LERK - CITY HAr,L 33 EAST IDAHO AvENUE MERIDTAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 8884218 CITY ATTORNEY / 14R - FA x 884.8723 FINANCE & UTILITY EILI.TNC,Ii kX B87 1813 MAYOR'S OFFICE -FAX 884-8119 Fri,," - recycled F.Po ** TX CONF TION REPORT ** AS OF JUL 22 '05 16 —., PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 01 07/22 17 43 2088840744 EC --S 01'59" 006 022 OK 02 07/22 17 45 POLICE DEPT EC --S 01'54" 006 022 OK 03 0722 17 48 8985501 EC --S 01'54" 006 022 OK 04 07/22 17 50 LIBRARY EC --S 02'34" 006 022 OK 05 07/22 17:53 92083776449 EC --S 01'54" 006 022 OK 06 0722 17:55 3886924 EC --S 01'54" 006 022 OK 07 0722 17:58 P—AND—Z EC --S 01'55" 006 022 OK 08 07/22 16:00 695 0390 EC --S 01'54" 006 022 OK 09 07/22 19:03 126300040 G3 --S 02'24" 006 022 OK 10 07/22 1806 208 387 6393 EC --S 01'54" 006 022 OK 11 0722 1808 ADA CTY DEUELMT EC --S 01'55" 006 022 OK 12 07/22 18:11 2088885052 EC --S 01'56" 006 022 OK 13 07/22 16:13 CHERRY LANE G3 --S 03'37" 006 022 OK 14 07/22 18 18 IDAHO ATHLETIC C EC --S 01'54" 006 022 OK 15 07/22 18:20 ID PRESS TRIBUNE EC --S 01'55" 006 022 OK 16 07/22 18:23 2088886701 EC --S 01'55" 006 022 OK X I Usr _1V vo bl 1c, N(1ft cc CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 26, 2005 at 7:00 P.M. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll -call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Craig Flinn, with Meridian Alliance Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of June 21, 2005 City Council Regular Meeting: B• Approve Minutes of June 7, 2005 City Council Regular Meeting: C. Approve Minutes of June 28, 2005 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Approval: AZ 05- 007 Request for Annexation and Zoning of 43.18 acres from RUT to R-8 zone for Bellingham Park Subdivision by Gemstar Development, LLC — north of Amity Road and east of South Locust Grove Road: E. Findings of Fact and Conclusions of Law for Approval: PP 05- 009 Request for Preliminary Plat approval of 166 building lots and 37 common lots on 43.18 acres in a proposed R-8 zone for Bellinaham Park Subdivision by Gemstar Development, LLC — north of Amity Road and east of South Locust Grove Road: F. Findings of Fact and Conclusions of Law for Approval: CUP 05-008 Request for a Planned Development consisting of 166 residential units with reductions to the minimum requirements for lot Meridian City Council Meeting Agenda — July 26, 2005 Page 1 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 886-4433 at least 48 hours prior to the public meeting. /'_ ** TX CONFIRMAi.UN REPORT ** AS OF JUL 22 '05 17:42 PAGE.01 CITY OF MERIDIAN I us -r -t7j Vo u I G wif cc — I kLX-.r� ccs CITY OF MERMAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 26, 2005 at 7:00 P.M. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1 • Roll -call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Craig Flinn, with Meridian Alliance Church: 4• Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of June 21, 2005 City Council Regular Meeting: B. Approve Minutes of June 7, 2005 City Council Regular Meeting: C. Approve Minutes of June 28, 2005 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Approval: AZ 05- 007 Request for Annexation and Zoning of 43.18 acres from RUT to R-8 zone for Bellin iham Park Subdivision by Gemstar Development, LLC — north of Amity Road and east of South Locust Grove Road: E. Findings of Fact and Conclusions of Law for Approval: PP 05- 009 Request for Preliminary Plat approval of 166 building lots and 37 common lots on 43.18 acres in a proposed R-8 zone for Bellingham Park Subdivision by Gemstar Development, LLC — north of Amity Road and east of South Locust Grove Road: F. Findings of Fact and Conclusions of Law for Approval: CUP 05-008 Request for a Planned Development consisting of 166 residential units with reductions to the minimum requirements for lot Meridian Clty Council Meeting Agenda — July 26, 2005 Page 1 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. DATE TIME TO/FROM MODE MIN/SEC PGS CMDF# STATUS 29 07/22 1?:32 3810160 EC --S 03'18" 006 022 OK 30 0?/22 17 35 PUBLIC WORKS EC --S 01'55" 006 022 OK 31 0722 1?:38 2084664405 EC --S 01'54" 006 022 OK 32 0?22 1?:40 8841159 EC --S 01'55" 006 022 OK I us -r -t7j Vo u I G wif cc — I kLX-.r� ccs CITY OF MERMAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 26, 2005 at 7:00 P.M. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1 • Roll -call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Craig Flinn, with Meridian Alliance Church: 4• Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of June 21, 2005 City Council Regular Meeting: B. Approve Minutes of June 7, 2005 City Council Regular Meeting: C. Approve Minutes of June 28, 2005 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Approval: AZ 05- 007 Request for Annexation and Zoning of 43.18 acres from RUT to R-8 zone for Bellin iham Park Subdivision by Gemstar Development, LLC — north of Amity Road and east of South Locust Grove Road: E. Findings of Fact and Conclusions of Law for Approval: PP 05- 009 Request for Preliminary Plat approval of 166 building lots and 37 common lots on 43.18 acres in a proposed R-8 zone for Bellingham Park Subdivision by Gemstar Development, LLC — north of Amity Road and east of South Locust Grove Road: F. Findings of Fact and Conclusions of Law for Approval: CUP 05-008 Request for a Planned Development consisting of 166 residential units with reductions to the minimum requirements for lot Meridian Clty Council Meeting Agenda — July 26, 2005 Page 1 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. r Oyu; CITY OF�M4,y= _ t IDAHO }� NTFRa u" TREASURE VAl]EY SINCE 1903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234 / fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678 / 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 /fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 - Water 2235 N.W. 8th Street 888-5242 / fax 884-1159 NOTICE OF CANCELATION OF REGULAR MEETING OF THE MERIDIAN CITY COUNCIL Due to the lack of a quorum with the participation of the "National Night Out" community events, the regular scheduled City Council meeting for Tuesday, August 2nd, 2005 has been CANCELLED. If you have any questions, please contact the City Clerk's Office at 888-4433. Thank you. DATED this 29th day of July, 2005. VA&� �/3, WILLIAM G. BERG, 811ALyu a CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK - FAX 888-4218 CITY ATTORNEY / HR - FAX 884-8723 FINANCE & UTILITY BILLING - FAX 887-4813 MAYOR'S OFFICE - FAX 884-8119 Printed on recycled paper (1I'YOF �_��1 �Y1G�1Gf"YI IDAHO F �i;1 jf 7lxensurxe V,v.��� sixce 1903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234 / fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678 / 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 - Water 2235 N.W. 8th Street 888-5242 / fax 884-1159 NOTICE OF CANCELATION OF REGULAR MEETING OF THE MERIDIAN CITY COUNCIL Due to the lack of a quorum with the participation of the "National Night Out" community events, the regular scheduled City Council meeting for Tuesday, August 2nd, 2005 has been CANCELLED. If you have any questions, please contact the City Clerk's Office at 888-4433. Thank you. DATED this 29th day of July, 2005. WILLIAM G. BERG, 8N,&71.1 s, - W fir e tt CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 CITY ATTORNEY/ HR -FAX 884-8723 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper CITY OI'��€_, IDAHO ►� C� as 1'REASUftE \V" l v SINCE 1903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234 / fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678 / 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 /fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 - Water 2235 N.W. 8th Street 888-5242 / fax 884-1159 NOTICE OF %0 1"' OF SPECIAL JOINT WORKSHOP/ MEETING MERIDIAN CITY COUNCIL O KUNA CITY COUNCIL The Special Joint Workshop / Meeting with the City Council of the City of Meridian and the City Council of the City of Kuna for Tuesday.. August 2, 2005 at 3:00 P.M. has been CANCELLED If you have any questions, please contact the City Clerk's Office at 888-4433. Thank you. DATED this 1st day of August, 2005. G. BERG, r' ' CITY FALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK - FAX 888-4218 CITY ATTORNEY / HR - FAX 884-8723 FINANCE & UTILITY BILLING - FAX 887-4813 MAYOR'S OFFICE - FAX 884-8119 Printed on recycled paper fo94- ell CITY OFA(-- IDAHO 1 i 1 PC�NTe R �` TRE:r\SURE V �-�Y SINCE 8603 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234 /fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678 / 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 - Water 2235 N.W. 8th Street 888-5242 / fax 884-1159 NOTICE OF SPECIAL JOINT WORKSHOP / MEETING MERIDIAN CITY COUNCIL KUNA CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian and the City Council of the City of Kuna will hold a Special Joint Workshop / Meeting at Meridian City Hall in the City Council Chambers at 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, August 2, 2005 at 3:00 P.M. The Meridian City Council and the Kuna City Council will be discussing issues concern the Area of City Impact. The public is welcome to attend. DATED this 19th day of July, 2005. WILLIAM G. BERG, CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK - FAX 888-4218 CITY ATTORNEY / HR - FAX 884-8723 FINANCE & UTILITY BILLING - FAX 887-4813 MAYOR'S OFFICE - FAX 884-8119 Printed on recycled paper /044, CiTy OFCM I in,�Flo f►.' h7Frj u '41 I"iL'%SL;1AF V�u"`i SINCE 1903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234 /fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678 / 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 - Water 2235 N.W. 8th Street 888-5242 / fax 884-1159 NOTICE OF SPECIAL JOINT WORKSHOP / MEETING MERIDIAN CITY COUNCIL $c KUNA CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian and the City Council of the City of Kuna will hold a Special Joint Workshop / Meeting at Meridian City Hall in the City Council Chambers at 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, August 2, 2005 at 3:00 P.M. The Meridian City Council and the Kuna City Council will be discussing issues concern the Area of City Impact. The public is welcome to attend. DATED this 19th day of July, 2005. LLIAM G. BERG, CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK - FAX 888-4218 CITY ATTORNEY / HR - FAX 884-8723 FINANCE & UTILITY BILLING - FAX 887-4813 MAYOR'S OFFICE - FAX 884-8119 Printed on recycled paper r• Page 1 of 1 Tammv de Weerd From: Will Berg Sent: Friday, July 08, 2005 8:40 AM To: Peggy Gardner; Tammy de Weerd; 'Charles Rountree (crountre@itd.state.id.us); 'Charles Rountree (rountrec@meridiancity.org); 'Christine Donnell'; 'Keith Bird (birdronaldkeith@msn.com); 'Shaun Wardle' Subject: RE: Kuna Is this a special meeting with all of the City Council members? From: Peggy Gardner Sent: Friday, July 08, 2005 8:34 AM To: Tammy de Weerd; 'Charles Rountree (crountre@itd.state.id.us)'; 'Charles Rountree (rountrec@meridiancity.org)'; 'Christine Donnell'; 'Keith Bird (birdronaldkeith@msn.com)'; 'Shaun Wardle' Cc: Will Berg Subject: Kuna I have set a meeting with Mayor Obray and the Kuna City Council on Aug. 2nd at 3:00 pm. The roundtable meeting will be held in the Mayor's Conference room. Peggy Gardner Administrative Assistant to Mayor Tammy de Weerd City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 Phone 888-4433 gardnerp(c7� meridiancky. org 7/11/2005 U I M r Will Berg From: Peggy Gardner Sent: Friday, July 08, 2005 8:41 AM To: Will Berg Subject: RE: Kuna Yes, I was going to come talk with you. Peggy Gardner Administrative Assistant to Mayor Tammy de Weerd Phone 888-4433 gardnerp([7_meridiancityorg Page 1 of 1 From: Will Berg Sent: Friday, July 08, 2005 8:40 AM To: Peggy Gardner; Tammy de Weerd; 'Charles Rountree (crountre@itd.state.id.us)'; 'Charles Rountree (rountrec@meridiancity.org)'; 'Christine Donnell'; 'Keith Bird (birdronaldkeith@msn.com)'; 'Shaun Wardle Subject: RE: Kuna Is this a special meeting with all of the City Council members? From: Peggy Gardner Sent: Friday, July 08, 2005 8:34 AM To: Tammy de Weerd; 'Charles Rountree (crountre@itd.state.ld.us)'; 'Charles Rountree (rountrec@meridiancity.org)'; 'Christine Donnell'; 'Keith Bird(birdronaldkeith@msn.com)';'Shaun Wardle' Cc: Will Berg Subject: Kuna I have set a meeting with Mayor Obray and the Kuna City Council on Aug. 2nd at 3:00 pm. The roundtable meeting will be held in the Mayor's Conference room. Peggy Gardner Administrative Assistant to Mayor Tammy de Weerd City of Meridian 33 E. Idaho Avenue Meridian, Ill 83642 Phone 888-4433 gardnerp(al. meridiancity . org V� P -,lbs} t �b1 NG NCW�U, �J yA �YlG�l(rYI� 111AHO tF i F FR � u� TREASURE V N�� SINCE 903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234 / fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678 / 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 - Water 2235 N.W. 8th Street 888-5242 / fax 884-1159 NOTICE OF CANCELA TION OF SPECIAL JOINT WORKSHOP/ MEETING MERIDIAN CITY COUNCIL Ot KUNA CITY COUNCIL The Special Joint Workshop / Meeting with the City Council of the City of Meridian and the City Council of the City of Kuna for Tuesday, August Z 2005 at 3:00 P.M. has been CANCELLED If you have any questions, please contact the City Clerk's Office at 888-4433. Thank you. DATED this 1st day of August, CITY MALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 CITY ATTORNEY/ HR -FAX 884-8723 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper �If�L�C (awe cn � II>,V IO y � •�7tx ��VnuF1 i� lYU MAYOR 11mmydc• Weerd CITY COUNCIL MEMBE1tS Keith Bird Christine Donnell Charles M. Rountree Shaun Wardle CRY LWARTMENTS Pira 540 E. Franklh+ Road 888-1234 / fax 895-0390 Parks & kecreation Il W. Bower Street 888-3579 / fax 898-5501 Pli...nin, 660 E. Watestower Lana Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678 / 846-7366 Public Work; 660 E. Watertower Lane Suite, 200 898-5500 / fax 898-9551 - Building 660 E. Watertnwer Lane Suite 150 887-2211 / fax 887-1297 Wastewater 3401 N. 1:n Mile Road 888-2191 / fax 884-0744 Water 2235 N.W. 8th Street 888-5242 / fax 884-1159 Po!A -vPW,LWKe-=1h0.1 aI i NOTICE OF CANCELA TION OF SPECIAL JOINT WORKSHOP / MEETING MERIDIAN CITY COUNCIL Qt KUNA CITY COUNCIL The Special Joint Workshop / Meeting with the City Council of the City of Meridian and the City Council of the City of Kuna for Tuesday, August 2, 2005 at 3.00 P.M. has been CANCELLED If you have any questions, please contact the City Clerk's Office at 888-4433. Thank you. DATED this 1st day of August, 2006. G. CITY HALL 33 FAsr IDAHO AvENUE MFRMLA.N, IDAHO 83642 (208) 888-4433 - - CITYCLURK-FAX 8881218 CITYATIORNEY/IIR -FAX 884-8723 PINANCE&UTRnY81LLINC-FAX8874813 MAYOR'S O"ICG-PAX x84-8119 Printed o.. "clad paper ** TX C011 ATION REPORT k* AS OF AUG 01 '05 181. PAGE -01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDU STATUS 09 08/01 17:52 3810160 EC --S 00'39" 001 085 OK 10 08/01 17154 PUBLIC WORKS EC --S 00'27" 001 085 OK 11 08/01 17 54 12084664405 EC --S 00'28" 001 085 OK 12 08/01 17 56 8841159 EC --S 00'27" 001 085 OK 13 08/01 17:57 2088840744 EC --S 00'27" 001 085 OK 14 08/01 17:5? POLICE DEPT EC --S 00'26" 001 085 OK 15 08/01 17 58 8985501 EC --S 00'26" 001 085 OK 16 08/01 17159 LIBRARY EC --S 00'33" 001 085 OK 17 08/01 18100 92083776449 EC --S 00'26" 001 085 OK 18 08/01 18101 3886924 EC --S 00'26" 001 085 OK 19 08/01 18102 P -AND -Z EC—S 00'27" 001 085 OK 20 08/01 18104 128300040 G3 --S 00'30" 001 085 OK 21 08/01 18105 208 387 6393 EC --S 00'27" 001 085 OK 22 08/01 18106 ADA CTY DEVELMT EC --S 00'37" 001 085 OK 23 08/01 18108 2088885052 EC --S 00'27" 001 085 OK 24 08/01 18109 CHERRY LANE G3 --S 00'42" 001 085 OK 25 08/01 18110 IDAHO ATHLETIC C EC --S 00'26" 001 085 OK 26 08/01 18111 ID PRESS TRIBUNE EC --S 00'26" 001 085 OK 27 08/01 18:12 2088886701 EC --S 00'27" 001 085 OK 28 08/01 18125 FIRE DEPT ----S 00'00" 000 085 BUSY THIS DOCUMENT IS STILL IN MEMORY �If�L�C (awe cn � II>,V IO y � •�7tx ��VnuF1 i� lYU MAYOR 11mmydc• Weerd CITY COUNCIL MEMBE1tS Keith Bird Christine Donnell Charles M. Rountree Shaun Wardle CRY LWARTMENTS Pira 540 E. Franklh+ Road 888-1234 / fax 895-0390 Parks & kecreation Il W. Bower Street 888-3579 / fax 898-5501 Pli...nin, 660 E. Watestower Lana Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678 / 846-7366 Public Work; 660 E. Watertower Lane Suite, 200 898-5500 / fax 898-9551 - Building 660 E. Watertnwer Lane Suite 150 887-2211 / fax 887-1297 Wastewater 3401 N. 1:n Mile Road 888-2191 / fax 884-0744 Water 2235 N.W. 8th Street 888-5242 / fax 884-1159 Po!A -vPW,LWKe-=1h0.1 aI i NOTICE OF CANCELA TION OF SPECIAL JOINT WORKSHOP / MEETING MERIDIAN CITY COUNCIL Qt KUNA CITY COUNCIL The Special Joint Workshop / Meeting with the City Council of the City of Meridian and the City Council of the City of Kuna for Tuesday, August 2, 2005 at 3.00 P.M. has been CANCELLED If you have any questions, please contact the City Clerk's Office at 888-4433. Thank you. DATED this 1st day of August, 2006. G. CITY HALL 33 FAsr IDAHO AvENUE MFRMLA.N, IDAHO 83642 (208) 888-4433 - - CITYCLURK-FAX 8881218 CITYATIORNEY/IIR -FAX 884-8723 PINANCE&UTRnY81LLINC-FAX8874813 MAYOR'S O"ICG-PAX x84-8119 Printed o.. "clad paper