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) —
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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.
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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
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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.
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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.
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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?
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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.
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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?
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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.
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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.
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Meridian City Council
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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
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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.
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Meridian City Council
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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
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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.
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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?
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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.
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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?
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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.
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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
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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
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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
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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.
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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.
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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,
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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.
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August 9, 2005
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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,**.,
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Meridian City Council
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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 --
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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
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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
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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
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Meridian City Council
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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
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Meridian City Council
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/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?
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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
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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)
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ATTESTED'
WILLIAM G
DATE APPR
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�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 *,,..
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City of Merldim
Public Wo*s Dept.
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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
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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
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7
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L20
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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
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"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
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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.
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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.
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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,
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LICENSE AGREEMENT - Page 6
Public for
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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
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Jul 12 05 09:42a Pinnacle Engineers, Inc. (2081887-7781 p.3
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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 /
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Jul 8. 2005 12:43PM 000VIA,
/01*11 No -0023 P- 4
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Jul. 8, 2005 12:43PM 00"411 loft� No -0023 P- 5
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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
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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
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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
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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
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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
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■ Interest Income
Total Budget
■ Interest Income
Budget YTD
❑ Interest Income
Actual YTD
■ Interest Income
Prior YTD
■ FY2005
FY2004
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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
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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
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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: $718,94425
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. .. meo*= atlsAadbadawfurm ArryaaeammaderAasarrssac ProJeet epmnwOons lnwHirp eats ooW armyeddrom14Um 1m as
become an stkMmal cherpeomr and above altadmd spadisamm.
This aaared Cores 0*08 oak eobd above. ■ does netbdide ensameer Paelem Or OUWWDfk kem C&APadn9Co1emot reepee0- br
demne awe. or' 1cmid byarb ary hidden at ueisroam alms. Albmrorm daopm nddnmaf trek waaemm loperb or devWww fmm this
mrarettspedeoa6 m as become m admamd cldiya, dun and payatia
Ar,ys,b.pad.wpr4s wrktroarmaeW ora be eheyedaane nod adbAeb eBAPaAnB Co brotraeparrdble far mirlop bsmadmlpr
pmhlem
%aA�+rb9CaCeiatotheemporbblebrdpnYopsamdepmdbgmabpmNbmriml0%artdraepaleisdaddedbyeueoedepaoea Pathkg
can Ois9 volar drad0a and ran ihm asaY POMM .
Tib b a rad price cmbscL The tmkaCtaawlis based en esrintlbA 4nnan6fes. Adod1 osymer4 aY Irma, Mal9rma0/es mmpbbd
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TlsaOpammtis- hlanr0spmhats.aesb MaMancsdanein Ytrsmt
As a pmpoaa . the pion 4adno w Oam far lem (t%dere fom Oasdals Clod et rie 1OP Brie ploposd
T-apsyamdisdmeadpopwan are I ofeek Popes Dafinesb aA bemMermmPdedhdepes. bdmlwabedmpeddIS%prmwo
w l$%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:
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EXHIBIT B
Walgreens on Ten Mile Road
CUP -05-029
Approved Site Plan
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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-
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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
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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.
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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.
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/'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
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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:
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Walgreens on Ten Mile Road
CUP -05-029
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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
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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